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Res No 174-10-13208RESOLUTION NO. 174-10- 3208 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Acting City Manager to retain Richard Weisskoff, Ph.D. to perform a study of the impact of new transmission lines on economic development along FPL's proposed U.S. I corridor; and providing an effective date. WHEREAS, the City of South Miami opposes FPL's proposed route for transmission lines along the US 1 corridor; and WHEREAS, the City Commission wishes to present an alternate corridor for submission to the administrative hearing relating to the matter; and WHEREAS, the City Commission wishes to retain Dr. Richard Weisskoff, Ph.D to prepare a plan for an alternate corridor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. That the City Commission hereby authorizes the Acting City Manager to retain Dr. Richard Weisskoff, Ph.D to prepare an alternate transmission line corridor at a cost of $10,000, relating to FPL's proposed use of US 1 for such purpose, for submission at administrative hearings relating to the matter. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 19th DAY OF August 2010. ATTEST: APPRO�jED:, QTk CIE. READ AND APPROVED AS TO FORM AND SUFFICIENCY: =' 4� — LAURENCE FEING LD CITY ATTORNEY Page 1 of 1 COMMISSION VOTE: 3 -0 Mayor Stoddard: Yea Vice Mayor Newman: absent Commissioner Palmer: absent Commissioner Beasley: Yea Commissioner Harris: Yea Proposal to the Mayor of South Miami Economic Impacts of the Proposed Transmission Lines From Richard Weisskoff, PhD, economist August 13, 2010 I recommend using the premier economic model, REMI, INC, (www.remi.com) for Miami - Dade County, with which we can make forecasts of the county's growth WITH and WITHOUT the corridor on different routes. The impacts include changes in income, employment, taxes, and some 23 other indicators., for the different scenarios and effects that we "input" into the model, such as the loss in real estate value, in construction value; value of health hazard, and how these play out on the economy. The most economical REMI model for a single region (Miami -Dade) and 27 sectors is $13,000 for a 3 month rental and $14,000 for 6 months. The model is constructed and customized with our county's data, ready for delivery in 5 -7 working days. The 6 month rental is recommended, as projects and administrative hearings have a tendency of being drawn out and may overrun the 3 -month rental minimum. The REMI model is a dynamic, robot -like simulation of the county's economy in detail. Its value is in translating our inputs, such as the change in real estate value due to the transmission lines, into the impacts on the county's employment, income, and taxes,. OVER TIME. Thus, the model traces out trajectories of the county's growth WITH and WITHOUT the lines, or under different line routes. The REMI model is like a movie picture of the economy, tracing the past 20 years and projecting into the next 35 years. The only other model on the market, IMPLAN ( "Impact Analysis for Planners ") gives a single picture of Miami -Dade County for one point in time (2008) in very great detail (355 sectors). IMPLAN also gives income, employment, and taxes, for different scenarios, but they do not operate into the future. You "hit" the black box and out comes an Impact. Whereas the REMI model traces out the impacts over time. IMPLAN is cheap, as the county data is $450 and the county can be broken into zip codes on which the corridor can be traced out. I suggest using IMPLAN to measure the local zip -code level impacts and then feed these results into a county -wide REMI model to measure the county impacts! This captures the full "hit" the economy takes from the transmission lines running in highly populated areas. I happen to be an expert in BOTH REMI and IMPLAN systems, having been an inventor and publisher of a model similar to IMPLAN in the days of the mainframe. I used IMPLAN for the Army Corps' Restudy to measure the impact of the then $6 billion' Everglades restoration, and I used both REMI and IMPLAN in my book, Economics of Everglades Restoration: Missing Pieces in the Future of South Florida (2005). See attached resume for a list of other economic impact studies. In the little time remaining for this study, we are fortunate to have a consultant that can hit the . ground running, due to both his expertise in regional economic modeling and his experience with that part of the county from his work in the South Miami -Dade Watershed Study seven years ago. Costs: A. Consultant's Time Week of August 15 30 his. August 23 30 lirs. Sept. 1 -3 15 his. Sept, 15 -16 15 hrs. Total 90 hrs @ $150 per hr. _ $ 13,500 Consultant's materials and travel 50 B. Computer Models: REMI model, Miami -Dade, 6 month rental 14,000 ($13,000 for 3 months) C IMPLAN Model data: Zip code file for Miami -Dade County 450 TOTAL CONTRACT Please let me know your reaction to this proposal. Sincerely, Richard Weisskoff 305 6512911 -office 305 4813161 - cell 305 6516383 - home RICHARD '6VEISSICOFF, Ph.D. Address: 16750 N.E. IVi Ave. Suite 222 Phone: (305) 651 -2911; (305) 481 -3161 (cell). North Miami Beach, FL; 33162 Email: rwecon@ gate.net PROF. RICHARD WEISSKOFF is a regional, development, environmental, and forensic economist with wide experience in South Florida, Latin America, and the Caribbean. He is all expert on regional economic impact analysis and proficient in both REMI and IMPLAN systems. Prof. Weisskof€ computed the regional economic impact analysis for the $8 billion Everglades Restoration. His book, The Economics of Everglades Restoration: Missing Pieces in the Future of South lorida, (Edward Elgar Press, UK, 2005) reviews the present situation, investigates the history, and computes original forecasts for the region's population and their derived demand for water and land. EDUCATION Harvard University, Ph.D, (Economics), 1969; M.A., 1966; B.A: (Social Studies), magna cum laude, Phi Beta Kappa, 1964 REGULAR TEACHING POSITIONS Professor (Economics), Dept. of International Studies, University of Miami, 1989 to present (tenured since 1994). Senior Lecturer, Dept. of Economics, Bar -Ilan University, Israel (1983 -1987) Associate Professor, Dept. of Economics, Iowa State University (Ames) (tenured, 1974 -1983) Assistant Professor of Economics, Yale University (1969 -1974) VISITING PROFESSORSHIPS University of Notre Dame (1988); American University, (1981 -82); University of Puerto Rico, (1979); National Polytechnic Institute, Mexico, D.F. (1978); National University of San Antonio de Abad, Cuzco, Peru (1977); National Technical University of the Altiplano, Puno, Peru (1976). NON - ACADEMIC POSITIONS HELD Consultant to: United Nations, New York: Department of international Economic and Social Affairs, 1989. United Nations, New York: Statistical Office, 1988. htteramerican Development Bank, 1988, Barbados; 1987, 1990 Paraguay. Settlement Study Center, Rehovot, Israel,1987. Harvard institute for International Development, Cambridge, MA, 1985. Food & Nutrition Service, US Department of Agriculture, Washington DC, 1980 -81. Vanderbilt University Group, Rio de Janeiro, Brazil, 1969. Bureau of the Budget and US AID, Washington, D.C., 1965, Capital Transportation Company, Hato Rey, Puerto Rico, 1965. LEGAL CASES AND RECENT PUBLIC TESTIMONY I. Beach Renourishment Case: Florida Dept. of Environmental Protection, Administrative Court: Surfrider Foundation, Inc., Snook Foundation, Inc., Capt. Danny Barrow, Tom Warnke, and Herbert Terry Gibson, vs. Town of Palm Beach, Fl. Dept. of Environmental Protection (DEP), and the Internal Improvement Trust Fund, Aug. 18 & 20, 2008. Deposition on the economics of beaches, tourism, reefs, and fishing in Palm Beach County. Recommend Order Issued March 2, 2009, by Robert E. Meale, Administrative Law Judge; Consolidated Final Opinion Issued July 15, 2009, by Michael W. Sole, Secy., Fl. DEP. OGC Case No. 08 -0459, DOAH Case No, 08. 2. Phosphate mining: Hardee County (Florida) County Commission. Testimony on the Economic impacts of Permitting New Phosphate Mining. Testimony given on April 28, 2008, and Report presented on August 14, 2008. 3. Limestone mining studies: Strategic Aggregate Review Task Force, State of Florida: research & testimony on the limerock mining industry, Tampa Meetings: Dec. 18-19,2007; Miami Meetings: Jan. 8-9,2008. 4. Limestone mining (Miami -Dade) Case: U.S. District Court, So. Dist F1, Case No. 03- 23427 -CIV- Hoeveler, Sierra Club, Natural Resources Defense Council, and National Parks Conservation Assoc. vs. Army Corps of Engineers, U.S. Fish and Wildlife Service and Intervenors. US Court of Appeals, 1 I's Circuit, Jan. 21, 2010, No. 09- 10877: affirms summary judgment for Sierra Club. Court Meeting Aug. 21, 2008, Judge Hoeveler re- convenes the parties to consider Appellate decision; Judgment Issued, July 12, 2007, shutting 20% of mine; Weisskof€ snakes Declaration July 25, 2007; Request for Stay Denied on Oct. 3, 2007. comments on Supplemental Environmental Impact Statement (SETS) filed, Oct. 22, 2007. 2 "a Deposition given July 14, 2006; court testimony on July 19, 2006. 1 s Deposition (rebuttal witness) given Nov. 16, 2006; court testimony given on Nov. 30 and Dec. 1, 2006. 5. Limestone Kling: Lee County Commission, DR/GR Committee (Density Reduction/Groundwater Resources), Jun 25, 2008, Ft. Myers: Presentation on Economic Issues and Economic Modeling of the Limestone Mining sector. 6. Hang -tags for Reading Glass Case (Patent Infringement): U.S. District Court, So. Fl. Case No. 91 -847, 92 -2016, 94- 1920, CIV- Highsmith, Magistrate Judge Garber, M sate Corp & Magnivision, Inc. vs. VSI International, Inc. Deposition given Feb. 27, 2001; Court trial March 2001. 7. Nicaragua mass damages (airplane crash): 1990 plane en route to Miami, settled prior to trial. Journal articles published. on the issues involved and research done on the case: "The Forensic Economist in the International Setting: Applying Purchasing Power Parities (PPP) Theory to Nicaraguan Damage Claims," Journal of Forensic Economics, 7, 1 (Dec. 1993), pp. 1 I1 -117. "A Reply and New Findings," Journal of Forensic Economics, 11, 1 (Winter I998), pp. 57 -65). "Purchasing Power Parity or Official Exchange Rates for International Settlements: A Central American Case," Journal of Legal Economics, 3, 2 (July 1993), pp. 33 -49. 8. Puerto Rico Economy: Expert witness in divorce case, Miami -Dade County Court, 2000 tai The Economics of Everglades Restoration Missing Pieces in the Future of South Florida. Edward Elgar, Cheltenham, UK and Northampton, MA, 2005. Factories and Food Stamps Tfie Puerto Rico Model of Development Johns Hopkins University Press, Baltimore, 1985, REFEREED ARTICLES AND CHAPTERS IN REFEREED BOOKS: "Environmental Infrastructure and Socio- economic indicators in San Pedro Sula, Honduras," (with Daniel E. Meeroff and Helena Solo - Gabriele), International Journal of Environment and Pollution (2007), Vol. 31, No. 3/4, pp. 267 -279. "To Save a City: Grassroots Movement toward Reforestation in Ica, Peru" Chapter 8, Symposium Volume, Globalization and Sustainable Development, University of South Florida Press, Tampa, Ft. (2006). "A Tale of Two Models: IMPLAN & REMI on the Economics of Everglades Restoration ", in D.J. Rapport, W.L. Lasley, D.E. Rolston, N.O. Nielsen, C.O. Qualset, and A.B. Damania (eds) Managing for Heatthv Ecosystems, Lewis Publishers, Boca Raton, PL: Lewis Publishers, 2003, pp. 1303 -1324 _May be viewed at: http / /excliange law miaini.edu/ever lg ades/ "Missing pieces in ecosystem restoration: the case of the Florida Everglades ", Economic Systems Research 12 (3), 2003, 271- 303. httn: /Jexchan�e law miami edu/everglades/ science /weisskofflmissingnieces.ndf "The Forensic Economist in the International Setting: A Reply and New Findings," Journal of Forensic Economics Vol. 11, No. 1 (1998), pp. 57 -65. "The Decline of the U.S. Footwear Industry and the Expected Impact of a Free Trade Agreement between Colombia and the United States," North American Journal of Economics & Finance, Vol. 5, No. 1 (1994), pp. 55 -78. "Forty -One Years of Structural Continuity and Social Change in Nicaragua, 1950 - 1991," Journal of Developing Areas, Vol. 28 (April 1994), pp. 379 -392. "The Dilemma of Export Revival: Nicaraguan Agriculture at a Turning Point," Chapter 12, in Irma T. de Alonso, ed., Central America: Trade Industrialization and Integration in the Twentieth Century Central America. (Praeger, Westport, CT and London, 1994), pp. 237 -252. "The Forensic Economist in the International Setting: Applying Purchasing Power Parities (PPP) Theory to Nicaraguan Damage Claims," Journal of Forensic Economics, Vol. 7, No. I (Dcc. 1993), pp. 111 -117. "Purchasing Power Parity or Official Exchange Rates for International Settlements: A Central American Case," Journal of Legal Economics, Vol. 3, No. 2 (July 1993), pp. 33 -49. "Economic Growth and Health in Crisis: The Case of Paraguay," Bulletin of the Pan American -fealtb Organization (PAHO). Published in Spanish as "Expansion econlmica y crisis de salud en el Paraguay," BoletRn de la Ofinicina Sanitaria PanamJricana, Vol. 114, No. 6 (June 1993), pp. 520 -535. Reprinted in Protruestas Democraticas (Asuncion), Vol. 1, No. i (Jan -Mar 1994), pp. 99 -123. "Tire Paraguayan Agro -Export Model of Development," World. Development, 20 (10) (October 1992), pp. 1531 -40. "Income Distribution and Economic Change in Paraguay, 1972 -88," Review of Income and Wealth 38(2) June 1992 165 -181 "Income Distribution and the Enterprise of the Americas Initiative," Journal of InterAmerican Studies and World Affairs, Vol. 33, No. 4 (Winter 1991), pp. It 1 -132. "The Political Economy of the Israeli Inflation," in Pamela S. Falk, ed., Inflation Are V✓e Next Homer nflation and Solutions in Argentina Brazil and Israel, (Lynne Rienner Publishers, Boulder, Colorado, 1990), pp. 127 -152. "The Structure of Income Inequality in Puerto Rico ", (with E. Wolff), Journal of Development Economics 9 1981, 205 -228. "The Growth and Decline of Import Substitution in Brazil -- Revisited," World Development, Vol. 9 (1980), pp. 647 -675. Published in Spanish in El Trhnestre Economico, Vol. 47 (2), No. 186 (April - June 1980), pp. 377 -430. "Consumption Expenditure Patterns and the Puerto Rican Economy," Revista. de Ciencias Sociales (Puerto Rico) 21(21)3 -4 (Sept. -Dec. 1979),361-410. "Trade, Protection and Import Elasticities for Brazil ", Review of Economics and Statistics 6(1) February 1979, 58 -66. Published in Portuguese in Pesquisa a Planejamento Economico, Vol. 8, No. 2 (August 1978), pp. 525 -544. "Twenty -five Years of Import Substitution in Brazil, 1948 - 1973" Pesquisa e Planej_amento Economico 8(2) April 1978 1 -32. "Linkages with Linkages: Industrial Tracking in an Enclave Economy ", (with E. Wolff), Economic Development and Cultural Change, Vol. 25, No. 4 (July 1977), pp. 607 -628. "Equity, Efficiency, and Social Welfare in Latin America" Journal of Economic Development 2(I) (July 1977), 65 -108. "Traversing the Social Pyramid: A Comparative Review of Income Distribution in Latin America ", (with A. Figueroa), Latin American Research Review 9 (2) Summer 1976, 71 -112. Published in Spanish in El Trimestre Economico 44- (4), No. 176 (October - December 1977), pp. 887 -946. Reprinted in Robert Ferber, ed., Consumption and Income Disn ibution in Latin America: Selected Topics, (Washington, D.C.: OAS for ECIEL, 1980), pp. 257 -94. "Income Distribution and Expot Promotion in Puerto Rico ", Chapter 10 in K. Polenske and J. Skolka, ed., Advances in Input - Outpuut Analysis (Ballinger Publishers, Cambridge, Mass., 1976), pp. 205 -228. "Development and Trade Dependence: The Case of Puerto Rico ", (with E. Wolff), Review of Economics and Statistics, Vol. 57, No. 4 (November 1975), pp. 470.477. Reprinted in 1. Sohn, ed., Readings n lnput- Output Anal, (Oxford University Press, New York, 1986), pp. 406416. "The Political Economy of the Educational System ", (with F. Blau), Chapter 17 in H. Jon Rosenbaum and W.G. Tyler, eds., Contemporary Brazil: Issues in Economic and Political Development, Praeger Publishers, New York, 1972 371 -398. "Demand Elasticities for a Developing Economy: An International Comparison of Consumption Patterns ", Chapter 14 in H.B. CheneM ed., Studies in Development Planning, Harvard University Press, Cambridge, MA 1971, 322 -359. "Income Distribution and Economic Growth in Puerto Rico, Argentina and Mexico ", Review of Income and Wealth, Series 16, No. 4 (December I970), pp. 303 -332. Reprinted as Chapter 2 in A. Foxley, ed., Income Distribution in Latin America, (Cambridge University Press, 1976). [Also published in Spanish in Alejandro Foxley, ed., La Distribucion del Ingreso en America Latina Chapter 4 (Fondo de Cultura Economica, Mexico, 1973) and Leopoldo Solis, ad., La Economia Mexicana, Chapter 6, (Fondo de Cultura Economica, Mexico, 1973)]. "The Colombia Experience, 1950 -62 ", in E. T. Haefele, ad., Relating Transport to National Goals, Brookings, 1969 122 -176. OTHER PUBLICATIONS: INVITED PAPERS "Regional Economic Impacts ", in US Army Corps of Engineers, Central and. Southern Florida Proiect Comprehensive Review Study, Jacksonville, FL, 1998, Appendix E, pp. 281 -310. "La Conquista de la Industria Norteamericana de Zapatos por las Importaciones, y el Futuro para el Calzado Colombian," in Hector Ochoa -Diaz, ed., Estudio para la neaociaci \n de la zona Libre comercio enfre Colombia v Estados Unidos (ICESI, Cali, Colombia, 1994), pp. 215 -236. "Basic Human Needs and the Democratic Process in Latin America," North -South Issues Vol. 11, No. 2 (1993) pp. 1 -6. "Social Factors in Latin American Economic Development" in Henry Harriman, ed., Setting the North -South Agenda- U.S.- Latin American Relations in the 1990s. Coral Gables, FL, North -South Center, U. of Miami, pp. 43 -47. "Economic Adjustment and Net Transfer of Resources from Developing Countries," Ch. 8 in World Economic Survey 1989: Current Trends and Policies in the World. Economy, United Nations, New York, 1989, pp. 151 -186. "The Economy of Israel ", in Collier's Encyclopedia, Macmillan, New York, 1989 edition, Vol. 13, pp. 332 -336. "Crops vs. Coupons: Agricultural Development and Food Stamps in Puerto Rico ", Chapter 8 in Jorge Heine, ed., Time for Decision: the United States and Puerto Rico, North -South Publishers, Lanham, Md., 1983, pp. 135 -183. CONGRESSIONAL TESTIMONY "Economic Models of the Caribbean ", in Caribbean Basin Policy. Hearings before the Subcommittee on InterAmerican Affairs, Committee on Foreign Affairs, U.S. House of Representatives, 97th Congress, First Session. July 14, 1981. (Washington, D.C., U.S. Government Printing Office, 1981,), pp. 47 -78. "The Impact of Food Stamps on the Puerto Rican Economy ", in General Farm Bill of 1981 Food Stamp Proogxami. Hearings before the Subcommittee on Domestic Marketing, Consumer Relations, and Nutrition of the Committee on Agriculture, U.S. House of Representatives, 97th Congress, First Session. March 30, 1981. Serial No. 97 -G, Part 2. (Washington, D.C., U.S. Government Printing Office, 1981) pp. 597-600,729-733. "Food Stamps and the Puerto Rican Economy ", in Proposed Re- Authorization of the Food and Agricultural Act of 1977 - -Food Stamps, Part II. Hearings before the Committee on Agriculture, Nutrition, and Forestry, U.S. Senate, 97th Congress, FirstSession. March 16, 1981. (Washington, D.C., U.S. Government Printing Office, 1981), pp. 18 -30. OTHER PUBLICATIONS: RECENT BOOK REVIEW Review of The Economy of Puerto Rico: Restoring Growth, by S. M. Collins, B. P. Bosworth, and M.A. Soto - Class, eds. (Brookings Institution & Center for the New Economy, Washington, D.C. and San Juan, P.R., 2006). (with Angel Ruiz) published in Journal of Regional Science, December, 2009, pp. 1024 -27. RECENT ECONOMIC IMPACT STUDIES 2009: Economic Impact of Limestone Mining in North Central Florida: IMPLAN model. 2008: Economic Impact of Limestone Mining on South Florida: IMPLAN and REMI compared. 2007: Economic Impact Analysis in the Legal Setting, REMI, IMPLAN, and other Models (Presented in Federal Court). 2003: Comparing Costs and Options for the Miami River: Bridges vs. Tunnels (Feb 2003). For the Miami River Commission. See bitp• / /www iniarniriverconunission.ora TDF /tunnel %20study.pdf 2002: Economic Impact of the Miami River Greenway. For the Trust for Public Land (TPL). 2002: Economic Models and Economic Forecasting in the South Miami Watershed Study. For Keith & Schnars,. P.A. 2001: Comparing Economic impacts of an Industrial Park and a County Recreation Park in Central Broward County. For Southern Facilities Development Inc. and the Broward County Commission. 2000: Economic Impact Analysis of the NASA Technological Outreach Program. For the Technological Research and Development Administration, Titusville, FL. 1998: Economic Impacts of Everglades Restoration: "Regional Economic Impacts ", in US Army Corps of Engineers, Central & Southern Florida Project Comprehensive Review Study ("The Restudy ") JacksonvilIe, FL, Appendix E, pp. 281 -310. PROFESSIONAL ORGANIZATIONS Member American Economics Association; International Society for Ecological Economics United States Society for Ecological Economics HONORS, AWARDS, & FELLOWSHIPS 2002 -2008: Principal Investigator, Grant from V. Kann Rasmussen Foundation for the Program in Environment and Development (PRENDE) in Latin America & the Caribbean. See http://www.vkrf.org/vlx£_main.php?P]D=CAT7 for the sponsoring foundation, and http: / /www6,miami.edu/miami- magazine /springO4 /featurestory2.html for journalistic report on our work., Research Award from the National Science Foundation for the project entitled: "The Economics of Peasant Communities: An Analysis of Poverty in Puerto Rico and the Peruvian Sierra," I979 -83. Research Award from the American Council of Leaned Societies and the Social Science Research Council, for project, "The Economy of the Sierra," in Andean Peru, 1978 -79. Research Award from Manpower Administration, US Department of Labor, Employment Projections for Puerto Rico, 1977 -78. Collaborative Award from the Social Science Research Council, for work in Peru with Professor A. Figueroa, 1976 -77. Research Award from Manpower Administration, US Dept. of Labor, for updating Puerto Rican simulation model, 1974-75., Research Award from the National Science Foundation, for international comparisons of income distribution, 1971 -72. Research Award from Manpower Administration, US Department of Labor, to develop a model of Puerto Rican growthl970 -71 Fellowship Award, Center for International Affairs, Harvard University, for the study of income distribution, 1968 -69, Graduate Prize Fellow in Economics, Harvard University, 1964 -67. John Harvard Scholarship, Harvard College, 1961 -64. Harvard Traveling Fellowship for Latin America, Summer 1963. Detur Prize for Scholarship, Harvard College, 196 L LANGUAGE PROFICIENCY Spanish, Portuguese CONTRACT FOR PROFESSIONAL SERVICES BETWEEN CITY OF SOUTH MIAMI AND RICHARD WEISSKOFF This Contract is made and entered into this day of August, 2010 between the City of South Miami (City), a Florida municipal corporation, located at 6130 Sunset Drive, South Miami, Florida 33143 and Richard Weisskoff individually, located at 17625 N. E. 81h Place, North Miami Beach, Florida 33162 (Dr. Weisskoff). WITNESSTH: WHEREAS, the City desires to engage and retain the services of Weisskoff to utilize his knowledge as a renowned economist to investigate and produce a report and /or study analyzing the situation wherein Florida Power and Light (FPL) desires to place electrical transmission lines through the City of South Miami; and, WHEREAS, Weisskoff has demonstrated his ability to find new solutions to existing problems by approaching these problems through the science of economics. NOW THEREFORE, in consideration of the sum of Ten dollars ($10.00) and other good and valuable consideration, the parties agree as follows: 1. WHEREAS CLAUSES 1.1. The above whereas clauses are incorporated and made a part of this contract. 2. STATEMENT OF WORK 2.1. Weisskoff shall prepare a report/study for a flat fee of $10,000.00 using his professional knowledge, acumen, data and materials, which report shall cover his analysis of the Florida Power and Light transmission lines as well as the potentiality of new methods to approach this problem. 3. COMMENCEMENT DATE, TERM, and PAYMENT 3.1. The terms of the Contract are that Dr. Weisskoff shall receive a $10,000 fee for his professional services, payable as follows: a. $3000 advance to begin the study b. $5000 at the acceptance of the first draft by the City (September 23, 2010) c. $2000 when the City accepts the final draft on or about October 1, 2010 3.2, The City shall not be liable to pay, and shall not pay, charges for extra work, delay charges or additional work, unless the City specifically authorizes the extra or additional work, in writing before the commencement of said work. 4. COSTS 4. 1. The City agrees to pay a reasonable amount of costs associated with Dr. Weisskoff s study. The only known, reasonable costs at the moment are IMPLAN data, which will cost about $450 and other materials which will cost possibly another $200. Thus, the maximum cap for any costs shall be the sum of $1000. Nevertheless, if there is data and materials, aerial photos, travel, and /or necessary costs that exceed the above cap of $1000, then, in that event, Dr. Weisskoff must obtain the written consent of Mayor Stoddard and City Attorney Laurence Feingold before such further costs are authorized by the City. 5. TRANSFER AND ASSIGNMENT 5.1. None of the work or services under this contract shall be subcontracted unless Dr. Weisskoff obtains prior written consent from the City. Approved subcontractors or agents of Dr. Weisskoff shall be subject to each provision of this contract and Dr. Weisskoff shall be responsible to indemnify the City for all subcontractors' acts, errors or omissions. 5.2. Dr. Weisskoff shall not assign, transfer or pledge any interest in the contract without prior written consent from the City; provided, however, that claims for money by Dr. Weisskoff from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within ten days by Dr. Weisskoff to the City. 5.3. Wherever the term "prior written consent" is required from the City, it is deemed to be the joint written approval of Phillip K. Stoddard and Laurence Feingold. 6. TERMINATION FOR CONVENIENCE 6.1. The City may terminate this contract for convenience at any time by giving ten days notice in writing to Dr. Weisskoff. Dr. Weisskoff will be permitted to complete on -going investigations and shall be paid for all satisfactory work completed. The City shall not be liable for future profits or losses. 7. LIENS 7.1. Dr. Weisskoff, his agent, subcontractors, suppliers and laborers are prohibited from placing a lien on City's property. 8. INDEPENDENT CONTRACTOR 8.1. Dr. Weisskoff is furnishing his services as an independent contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer - employee relationships. 9. INDEMNIFICATION 9.1. Dr. Weisskoff shall defend, indemnify and hold the City harmless from any and all claims, liability, losses, expenses, and cause of action arising solely out of an act by Dr. Weisskoff. 10. JURISDICTION AND VENUE 10.1. For the purpose of this contract, Florida law shall govern the term of this contract. Venue shall be in Miami Dade County, Florida. 11. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES 11.1. The City does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 12. CONTRACTING OFFICER REPRESENTATION 12.1. The signatories to this contract warrant that they are duly authorized by action of their respective City Commission, Board of Directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. 13. OWNERSHIP OF DOCUMENTS 13.1. All documents, reports, plans, specifications or other records, including electronic records, resulting from the professional services rendered by Dr. Weisskoff under this contract shall be deemed the property of the City and the City shall have all rights incident to this ownership. Dr. Weisskoff acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by the Florida Statues Chapter 119. Upon conclusion of this contract and any extension, all documents shall be delivered by Dr. Weisskoff to the City. Dr. Weisskoff shall have the right to retain copies of the documents at Dr. Weisskoffs expense. 14. ENTIRE CONTRACT 14.1. The contract, when signed by all of the parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of the express terms. This contract constitutes the entire understandings, both oral and written between the parties. 15. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY 15.1. Dr. Weisskoff warrants that neither he, nor any principal, employee, agent, representative, or family member promised to and Dr. Weisskoff has not, and will not, pay a fee which is contingent upon the City awarding this contract to Dr. Weisskoff. 15.2. Dr. Weisskoff warrants that neither he, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of Miami -Dade County or the City of South Miami conflict of interest and code of ethics ordinances. 15.3. A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to Dr. Weisskoff. 16. MISCELLANEOUS 16.1. In the event a court must interpret any word or provisions of this agreement, the word or provision shall not be construed against either party by reason of drafting or negotiating this agreement. IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized officers, have executed this contract as of the date first above written. THE CITY OF SOUTH MIAMI B.R. (RANDY) WITT, DR. RICHARD 7011OFF ACTING CITY MANAGER ATTEST: �7W11113014=044 By:�c;y /— MARIA MENENDEZ Approved as to form: By: LAURENCE FEINGOLD, CITY ATTORNEY