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MIAMI BEACH Acewe
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
Independent Contractor Agreement Funding Summary
Department:
Police
Contractor:
Phillip A. Womack
Summary Scope of Work/Service:
• Training of assigned personnel on the Automated Fingerprint Identification System(AFIS);
• Training of assigned personnel on latent comparisons;
• Review reports of identifications effected;
• Establish Standard Operating Procedures(SOP)for the AFIS and Latent Unit;
• Maintain monthly Florida Department of Law Enforcement(FDLE)and Departmental statistical data on latents and the AFIS;
• Entry of current and backlog cases into the AFIS(including cold cases);
• Examine and evaluate latent fingerprints recovered on an as needed basis, as determined by the Department. Those latent
fingerprints that are found to be of value by the Contractor and with the concurrence of the Crime Scene Supervisor will be
searched against databases maintained or accessible by the Department;
• Provide expert testimony on casework as required, in court, at State Attorney Conferences, at depositions and at Internal
Conferences with the Department Investigators and Staff;and
• All other functions deemed necessary by the Crime Scene Supervisor as being relative to the training, comparing and
verification of latent fingerprints.
Duration of Work:
Twelve (12) Months
Amount:
$72,000.00
Budget Code:
607-4719-000312
❑Check if taking place of a budgeted position Name of position
Additional Funding Information: (brief notes explaining whether item is budgeted and if not where the
funding will come from
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Department Director:
City Attorney's Office o
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Executive Staff Member: �n co o rT1
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Human Resources
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City Manager:
Return to HR:
*****Submit this form along with copy of the Independent Contract Agreement****
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is entered into on this 6 1 day of July%�i 1,,,0e, eel Q�illi A. Womack(Contractor),
and the City of Miami Beach, Florida (City), for a periolf erne ea ;!vWMV!a�n?effective starting date of
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October 1, 2011, and an end date of September 30, 2012-;(the Term). ,,._„g
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1. Scope of Work/Services.
The Contractor shall provide the following services to City of Miami Beach Police Department
(Department):
• Training of assigned personnel on the Automated Fingerprint Identification System (AFIS);
• Training of assigned personnel on latent comparisons;
• Review reports of identifications effected;
• Establish Standard Operating Procedures (SOP)for the AFIS and Latent Unit;
• Maintain monthly Florida Department of Law Enforcement(FDLE)and Departmental statistical data
on latents and the AFIS;
• Entry of current and backlog cases into the AFIS (including cold cases);
• Examine and evaluate latent fingerprints recovered on an as needed basis, as determined by the
Department. Those latent fingerprints that are found to be of value by the Contractor and with the
concurrence of the Crime Scene Supervisor will be searched against databases maintained or
accessible by the Department;
• Provide expert testimony on casework as required, in court, at State Attorney Conferences, at
depositions and at Internal Conferences with the Department Investigators and Staff; and
• All other functions deemed necessary by the Crime Scene Supervisor as being relative to the
training, comparing and verification of latent fingerprints.
ADDITIONAL SERVICES
In the event that, during the Term of the Agreement, the City, in its sole discretion and judgment,
determines that there is a need for additional services not contemplated within this Agreement, such
services may be performed based upon written agreement between both parties, and will include a
mutually agreed upon rate.
2. Fee.
In consideration of the Services to be provided, the City agrees to pay Contractor as follows:
• The regular hourly rate shall be $50.00 per hour.
• The compensation rate for court appearances shall be$50.00 per hour and shall be considered in
the weekly, maximum allowance. Incidental expenses incurred by the Contractor while attending
Court, including, but not limited to, gas, tolls and parking shall be borne by the Contractor.
• Payment shall be made once monthly.
• Payment terms are net thirty days (n/30) from the date of delivery and acceptance of the
invoice/time sheet.
• Invoices/time sheets, both court and regular time, must be submitted and accepted by the Financial
Management Unit(Martha Joan or Mauvett Rattigan)on a monthly basis,after the completion of the
last day of work.
• Invoices/time sheets must be approved by Juan (JC) Pedroso?, or an appointed supervisor.
• The total sum of this contract shall not exceed $72,000.00. PAW
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• Court invoices/time sheets must be approved by the Court Liaison Unit AND JC Pedroso, or an
appointed supervisor.
• Services are being provided on a "work for pay" basis and are therefore not subject to any City
holiday benefits. Only the time approved and worked will be compensated.
3. Work Schedule.
During the Term of the Agreement, Contractor shall provide the work and/or services in accordance
with the following minimum work schedule:
• Contractor's work schedule will be on an as needed basis.
• The maximum hours per week shall not exceed thirty (30) hours, including any and all
court-related service hours.
• The maximum hours per day shall not exceed ten hours.
• All scheduling will be determined by the Crime Scene Supervisor, JC Pedroso.
• The total sum of this contract shall not exceed $72,000.00. RIJ PAW
Contractor's work and/or services shall be overseen by the following City Department/Individual: JC
Pedroso, or his designee.
4. Termination.
This Agreement may be terminated for convenience of either party, with or without cause, by giving
written notice to the other party of such termination, which shall become effective upon fourteen (14)
days following receipt by the other party of the written termination notice. Upon termination in
accordance with this paragraph, the Contractor shall be paid a sum equal to all payments due to
him/her up to the date of termination; provided Contractor is satisfactorily continuing to satisfactorily
perform all work and/or services up to the date of termination. Thereafter, the City shall be fully
discharged from any further liabilities, duties and terms arising out of, or by virtue of, this Agreement.
5. Indemnification/Hold Harmless.
Contractor agrees to indemnify, defend, 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, attorney's fees,for personal economic or bodily injury,wrongful death, loss
of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the
negligent acts or omissions or other wrongful conduct of Contractor, and/or any and all subcontractors,
employees, agents, or any other person or entity acting under Contractor's control, in connection with
the Contractor's performance of the work and/or services pursuant to this Agreement. Contractor shall
pay all such claims and losses and shall pay all costs and judgments that may arise from any lawsuit
arising from such claims and losses, and shall pay all costs and attorney's fees expanded by the City in
defense of such claims and losses, including appeals. The parties agree that one percent(1%) of the
total compensation to Contractor for performance of the work and/or services under this Agreement is
the specific consideration from the City to Contractor for the Contractor's agreement to indemnify and
hold the City harmless, as provided herein. Contractor and the City hereby agree and acknowledge that
this indemnity provision is intended to and shall survive the termination (or earlier expiration) of this
Agreement.
6. Limitation of Liability.
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
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Agreement, so that its liability for any such breach never exceeds the sum of the compensation/fee to
be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the
date of the alleged breach. Contractor hereby expresses his 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 equal to the compensation/fee to be paid to Contractor pursuant to this Agreement,
less any amounts actually paid by the City as of the date of the alleged breach. 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 the amount in excess of the compensation/fee to be
paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date
of the alleged breach, 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 Section 768.28, Florida Statutes.
7. Notices.
All notices and communications in writing required or permitted hereunder may be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed by
registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of
dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed as follows:
CONTRACTOR: Phillip A. Womack
631 SW 93rd Avenue
Pembroke Pines, FL 33025
CITY: Carlos Noriega, Police Chief
City of Miami Beach Police Department
1100 Washington Avenue
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following
the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following
the date mailed.
8. Venue.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive
venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state
court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO
THIS AGREEMENT, CITY AND CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
9. Duty of Care/Compliance with Applicable Laws.
With respect to the performance of the work and/or service contemplated herein, Contractor shall
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exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or services.
In its performance of the work and/or services, Contractor shall comply with all applicable laws,
ordinances and regulations of the City, Miami-Dade County, the State of Florida and the federal
government, as applicable.
The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest
Ordinance, as same may be amended from time to time; and by any and all ethics/standards of
conducts as referenced in Chapter 2 of the City of Miami Beach Code(as may be amended from time
to time).
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly which should conflict in any manner or degree with the performance of the work and/or
services. Contractor further covenants that in the performance of work and/or services under this
Agreement, no person having any such interest shall knowingly be employed by the Contractor. No
member of or delegate to the Congress of the United States shall be admitted to any share or part of
this Agreement or to any benefits arising there from.
10. Ownership of Documents/Patents and Copyrights.
Any and all documents prepared by Contractor pursuant to this Agreement are related exclusively to
the work and/or services described herein, and are intended or represented for ownership by the City.
Any re-use distribution, or dissemination of same by Contractor, other than to the City, shall first be
approved in writing by the City Manager,which approval, if granted at all, shall be at the City Manager's
sole and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all information,
specifications, processes, data and findings, shall be made available to the City, in perpetuity, for
public use.
No reports, other documents, articles or devices produced in whole or in part under this Agreement
shall be the subject of any application for patent or copyright by or on behalf of the Contractor(or its
employees or sub-contractors, (if any) without the prior written consent of the City Manager, which
consent, if given at all, shall be at the Manager's sole and absolute discretion.
11. No Assignment/Transfer.
This section intentionally left blank.
12. Liability for Sub-contractors.
Contractor shall be liable for its work and/or services, responsibilities and liabilities under this
Agreement and the services, responsibilities and liabilities of any sub-contractors (if any), and any
other person or entity acting under the direction or control of Contractor (if any). When the term
"Contractor" is used in this Agreement, it shall be deemed to include any sub-contractors (if any)
and/or any other person or entity acting under the direction or control of Contractor(if any). All sub-
contractors (if any) must be approved in writing by the City Manager prior to their engagement by
Contractor, which approval, if granted at all, shall be at the City Manager's sole and absolute
discretion.
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13. Independent Contractor/No Joint Venture.
THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A PARTNERSHIP OR
JOINT VENTURE. FOR THE PURPOSES OF THIS AGREEMENT,THE 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 SERVICE
OR PENSION ORDINANCE OF THE CITY,ORANY RIGHT GENERALLY AFFORDED CLASSIFIED
OR UNCLASSIFIED EMPLOYEES INCLUDING ANNUAL AND SICK DAY ACCRUAL. FURTHER,
THE CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO FLORIDA WORKER'S
COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR ACCUMULATION OF SICK OR
ANNUAL LEAVE.
14. Waiver of Breach.
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A party's waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
15. Severance.
In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless City elects to terminate this
Agreement.
16. Joint Preparation.
The parties hereto acknowledge that they have sought and received whatever competent advice and
counsel as was necessary for them to form a full and complete understanding of all rights and
obligations herein and that the preparation of this Agreement has been a joint effort of the parties,the
language has been agreed to by parties to express their mutual intent and the resulting document shall
not, solely as a matter of judicial construction, be construed more severely against one of the parties
than the other.
17. Entire Agreement.
This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced for
incorporation herein) embody the entire Agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written,with reference to the subject matter
hereof that are not merged herein and superceded hereby.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the
respective officials thereunto duly authorized, this date and year first above written.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: , /
City Clerk Jorg M. on lez ger
FOR CONTRACTOR:
WITNES
By.
Phillip A. Womack - Signature
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By:
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Print Name
Approve
Carlos Noriega, Po ice C
APPROVED AS TO
Offi e of Bud et nd Performance Improvement FORM &LANGUAGE
&FOR EX ION
Human Resources CI ORNEY D E
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