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Agreement 06/01/1993 AGR.EEMENT THIS AGREEMENT, made this 'tf1-. day of 9~ , 1993, by and between the City of Miami' Beach, a Florida municipal corporation (hereinafter referred to as "city") and Cheryl Meltzer, an independent contractor (hereinafter referred to as "Contractor"), for a term of eight (8) weeks with an effective starting date of June 1, 1993 and a termination date of July 23, 1993. This Agreement is for the purpose of evaluating administrative services to the Office of the Mayor of the city of Miami Beach on an as-needed basis, to be determined by the Mayor. Upon completion of the terms of this Agreement, Contractor shall submit to City a written report with findings and recommendations as to the above. The total compensation to Contractor for the term of this Agreement shall be the sum of $2,688.00. Payment to Contractor shall be made at the rate of fourteen (14) dollars per hour for up to twenty-four (24) hours per week, or a maximum of $336.00 per week. payment shall be made on the first business day of each month for the period covering work over the previous month. For the purpose of this Agreement, Cheryl Meltzer (Contractor) shall be deemed to be an independent contractor, and not an agent or employee of the City, and shall not attain any rights or benefits under the civil services or Pension Ordinance of the City, or any rights generally afforded classified or unclassified employees. Furthermore, she shall not be deemed entitled to Florida Workers' Compensation benefits as an employee of the city or accumulation of sick or annual leave. There will be no expenses paid to Contractor in addition to the aforestated emolument, unless these expenses are incurred in direct relationship to this Agreement for expenses and travel outside of Dade county, in which case all such expenses will be fully reimbursed as approved in writing by the Mayor of the city of Miami Beach. The parties herein agree that Contractor will be able to participate in other personal services agreements with any agency or individual which does not create any direct, indirect or inferred conflict of interest with the City of Miami Beach. It is further agreed that this Agreement may be altered, extended and amended only upon the written consent of both parties. Contractor shall not assign, transfer or subcontract her rights and obligations under this Agreement. This Agreement may be terminated without cause for the convenience of either party at any time upon furnishing ten (10) days' written notice to the other party. In the event of termination for convenience of either party, the Contractor shall be paid a sum equal to all payments due to her up to the date of termination of this Agreement, provided Contractor is continuing to provide all services pursuant to the Agreement up to the date of termination. Contractor agrees to indemnify and hold harmless, the City of Miami Beach and its officers, employees and agents, from and against any and all actions , claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omission or other wrongful conduct of the Contractor or her subcontractors, employees, or agents in connection with the Contractor's performance of services pursuant to this Agreement. The Contractor's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the city and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim corning to its knowledge that in any way directly or indirectly affects the other party. Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the commercial Arbitration Rules of the American Arbitration Association, and the arbitration award 2 . . shall be final and binding upon the parties hereto and sUbject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance, shall be settled by litigation and not arbitration. The city desires to enter into this Agreement only if in so doing the city can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $2,688.00. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the city for any damage action for breach of contract to be limited to a maximum amount of $2,688.00 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of $2,688.00 which amount shall be reduced by the amount actually paid by the city to Contractor pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida statutes section 768.28. All notices under the term of this Agreement shall be sent to the following: 3 CONTRACTOR: CITY: ATTEST: ~~2'~- C TY CLERK (legal - jml (c:\wp51\meltzer.agrl CHERYL MELTZER 12171 SW 52nd Court Cooper city, Florida 33330 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 WITH COPIES TO: OFFICE OF THE CITY ATTORNEY CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 CITY OF MIAMI BEACH, a Florida municipal corporation BYc,~. CARLTON By c:~~ CHERYL M TZER, CON CT'bR FORM APPROVED LEGAL DEPT. - By ,\ L.9 Date <::- 7- 7 - q 3 4