Agreement w/Zoila del Pilar Hernandez-contractorAGREEMENT
This Agreement is entered into this q~day of May, 2008, between Zoila del Pilar Hernandez (Contractor)
and the City of Miami Beach, Florida (City), for a term of approximately five (5) months, with an effective
date commencing, on May ~,~1008 and terminating on September 30, 2008.
This Agreement is for the purpose of providing drafting assistance to the City's Capital Improvement
Projects Office as follows:
1. Contractor shall assist drafting CAD files and associated work under the direction of the City's
Director of Capital Improvement Projects (CIP) Office, or his designee.
2. The contractor shall do all the work at the CIP Office, located at 777 17`h St ,Suite 201, Miami
Beach, FL , 33139, during the regular working hours, Monday-Friday, from 8:30 AM to 5:30PM.
No work executed out of the CIP Office or out of the previously mentioned working hours will
be paid to the Contractor unless the CIP Director authorizes same, in writing, prior to such work
being commenced.
3. CIP will provide the Contractor the necessary work space, equipment and tools to perform the
required work at no cost to the Contractor.
For the purposes of this Agreement, 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, or any right generally afforded Classified or Unclassified employees. Further, she
shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City or
accumulation of sick or annual leave.
In consideration of the services to be provided, for the term provided herein, the City agrees to pay
Contractor a flat hourly rate of $25.00 per hour; however, the total fee(s) paid to Contractor pursuant to this
Agreement shall not exceed $25,000.00 for the term provided herein.
It is agreed Contractor maybe able to participate in other personal service agreements with any agency or
individual which does not create any actual or inferred conflict of interest with the City of Miami Beach.
This Agreement may be terminated for convenience of either party, by giving written notice to the other
party of such termination, which shall become effective within seven (7) days following receipt by the other
party of the written termination notice. In the event such 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 satisfactorily continuing to provide all services pursuant to the
Agreement up to the date of termination.
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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 in law or in equity, which may arise or be alleged to have arisen from the negligent acts or
missions or other wrongful conduct of the Contractor or his subcontractors, employees, or agents in
connection with the Contractor's performance of service pursuant to this Agreement. The Contractor's
obligation under this paragraph 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 ornissions 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 coming to its
knowledge that in any way directly or indirectly affects the other party.
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 $1,000.00. Contractor hereby expresses his
willingness to enter into this agreement with Contractor's r~°covery from the City for any damage action for
breach of contract to be limited to a maximum amount of $1,000.00 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 the amount in excess of $1,000.00 which amount shall be reduced by the amount actuallypaid 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 anyway intended to be a waiver
of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes.
All notices under the terms of this Agreement shall be sent to the following:
CONTRACTOR: Zoila del Pilar Hernandez CITY: City of Miami Beach
9735 SW ls` Terrace Capital Improvement Projects Office
Miami, Florida 33174 777 17r" St ,Suite 201
Miami Beach, FL 33139
Attention: Jorge E. Chartrand, Director
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by
either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue
for the enforcement of same shall be in Miami-Dade County, Florida.
It is further agreed that this Agreement maybe altered and amended only upon the written consent of both
parties.
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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.
CITY OF MIAMI BEACH
A Florida Municipal Corporation
ATTEST:
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Robert Parcher, City Clerk
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Jorge M. G nzalez, City M ager
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CONTRACTOR:
Zo' del Pilar Hernande
Approved:
Director
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Office of a ement and Budget
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APPROVED AS TO
FORM ~ LANGUAGE