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96-21937 RESO RESOLUTION NO. 96-21937 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ARMANDO E HERNANDEZ FOR THE PURPOSE OF PROVIDING ASSISTANCE TO THE CITY IN CONNECTION WITH A MASTER PLAN FOR CITY-OWNED BRIDGE REHABILITATION AND/OR REPLACEMENT, UNDERGROUNDING OF UTILITIES, UPGRADING AND/OR REPLACEMENT OF WATER/SEWER PUMPING STATIONS, AND ESTABLISHING A CITY-WIDE ENERGY CONSERVATION PROGRAM. WHEREAS, the City of Miami Beach recognizes the need to comply with the need to replace and/or rehabilitate several bridges within the City of Miami Beach; and WHEREAS, the City is in need of developing a Bridge Master Plan incorporating annual bridge inspections, periodic rehabilitation, and/or placing said bridges on a replacement schedule; and WHEREAS, the City is in need of evaluating its undergrounding of utilities for various communities within the City; and WHEREAS, the City is in need of upgrading and/or replacement of water/sewer pumping stations; and WHEREAS, the City is establishing a City-wide energy conservation program; and WHEREAS, the Agreement between the City and Armando E. Hernandez will be for a period of six (6) months with an effective date of April 2, 1996, and a termination date of September 30, 1996, for a total amount of $32,499.96 and WHEREAS, the City agrees to allocate up to $1,800 for transportation expenses for Armando E. Hernandez, for the six (6) month period; and WHEREAS, the funds for this Agreement, in the aforestated amount, are available from salary savings in the Public Works Department. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the attached Agreement between the City and Armando E. Hernandez, an independent contractor, and authorize the Mayor and City Clerk to execute the Agreement. PASSED AND ADOPTED this day of ATTEST: RoWP~ CITY CLERK C('\~.~.IJ ^ op R' 0.\i. I I Vl\il rll I U J UP LEGAL DU:rL By 141~ >-~ -- '} 6 Ddtc _ ..-t;IJ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. J /8 -'1 l.e> TO: Mayor Seymour Gelber and Members of the City Commission DATE: April 2, 1996 FROM: Jose Garcia-Pedrosa City Manager EMPLOYMENT A EMENT BETWEEN THE CITY OF MIAMI BEACH AND ARMANDO . HERNANDEZ, FOR A PERIOD OF SIX (6) MONTHS BEGINNING APRIL 2, 1996, AND A TERMINATION DATE OF SEPTEMBER 30, 1996 SUB.JECT: ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission approve the Professional Services Agreement between Armando E. Hernandez and the City of Miami Beach to maintain the coordination of various Public Works Projects, including a Master Plan for City-owned bridge rehabilitation and/or replacement, undergrounding of utilities, upgrading and/or replacement of water/sewer pumping stations, and establishing a City-wide energy conservation program. BACKGROUND: On October 24, 1995, the Florida Department of Transportation (FDOT) informed the City of Miami Beach the LaGorce Island Bridge needed to be closed to all vehicular traffic exceeding 5,000 pounds. Subsequently, the bridge was placed in an emergency replacement plan due to its lack of safe sufficiency rating. The City also received a detailed description of 22 bridges within the City showing seven (7) bridges with deterioration levels under the safe sufficiency ratings necessary to keep the bridges open to all traffic. FDOT inspects all bridges within the City on a two-year cycle assigning a sufficiency rating in a scale of (0 - 100). Bridges with a sufficiency rating less than 50 are placed in the work replacement program. While FDOT has the responsibility for inspection of all bridges in the State of Florida and replacement of bridges under the State jurisdiction, FDOT has a minimal budget for replacement of off-system bridges (not under their direct jurisdiction). These bridges are considered to be City- owned and thus, responsibility for rehabilitation and/or replacement is ultimately City Capital Improvement Project responsibility. continued... AGENDAITEM~ ~-~-'t~ DATE Comm. Memo/Agreement - Armando E. Hernandez April 2, 1996 Page 2 Mr. Armando Hernandez has assisted the City of Miami Beach for the past four (4) months in coordinating not only the LaGorce Island Bridge replacement project, but also the Noremac Bridge and the 47th Street Bridge Projects. Mr. Hernandez has vast experience with the Florida Power and Light Company, close contacts with FDOT, and background as a Civil Engineer with emphasis on bridge structures; he has been extremely helpful in securing funding and cooperation from FDOT and FPL to fasttrack the replacement of both the LaGorce and Noremac Bridges. In addition to the above project, the Administration is reviewing and evaluating recommendations involving undergrounding of utilities requested by various neighborhood groups within the City. Two other projects presently being considered involve the reviewing, inspection, and possible replacement of antiquated water/sewer pumping station equipment with more modem and energy efficient models and the establishment of a City-wide energy conservation program to reduce the overall energy use and cost levels. ANALYSIS: Mr. Hernandez, as an independent contractor, is providing consulting services to ensure the development and appropriate coordination with FDOT of a bridge replacement and maintenance Master Plan. Mr Hernandez, in his capacity as External Affairs Manager in the Miami Beach area while working for the Florida Power & Light Company, is knowledgeable of the needs of the City with regard to undergrounding of utilities and upgrading of existing facilities. Mr. Hernandez has worked as a consultant for the City for the past four months and has obtained very good results working with FDOT to obtain federal funds for the replacement of two City-owned bridge structures and the installation of a temporary bridge in an expedited manner. The proposed Agreement is for a term of six (6) months, at the rate of $5,416.66 per month for a total of $32,499.96, plus a transportation allowance of $300 per month. The Agreement is cancelable without cause by either party m 30 days'notice. Assistant City Manager Joseph R. Pinon will continue to supervise Mr. Hernandez's activities throughout the duration of the contract. CONCLUSION: It would be in the best interest of the City of Miami Beach to enter into the subject Professional Services Agreement. JGP:1P:blbm Attachments AGREEMENT This Agreement is entered into between Mr. Armando E. Hernandez (Contractor) and the City of Miami Beach (City), for a period of six (6) months with an effective starting date of April 2, 1996, and a termination date of September 30, 1996. This Agreement is for the purpose of consulting services to ensure the development and coordination of various Public Works proj ects, including a Master plan for City-owned bridge rehabilitation and/or replacement, undergrounding of utilities, upgrading and/or replacement of water/sewer pumping stations, and establishing a City-wide energy conservation program. As part of his Agreement, Contractor shall provide the following services: a. Attend all meetings between the Florida Department of Transportation (FDOT), and the City of Miami Beach, with regards to bridge inspection, maintenance and/or replacement. b. Assist the Public Works Department in development and coordination of a bridge rehabilitation and/or replacement Master Plan for all City bridges with a low sufficiency rating. c. Attend all meetings with community groups with regards to undergrounding of utilities in their respective communities, as well as recommending to the Administration various streetlighting improvement initiatives. d. Assist the Pubic Works Department in coordination of undergrounding of streetlighting improvement projects. development utilities and and e. Assist the Public Works Department in the upgrading of water/sewer pumping stations by reviewing and developing specifications for improvement of motor rating capacity and other electrical needs. f. Developing a City-owned property energy conservation program , including improving the heating, cooling and ventilation system capacity and reducing the lighting loads on those facilities. g. Inform the Administration of the various grants available to fund Capital Improvement Projects that will enable the City to fulfill its commitment of enhancing the quality of life through improvements of City infrastructure. For the purpose of this Agreement, Mr. Hernandez 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 rights generally afforded classified or unclassified employees. Further, he shall not be deemed entitled to Florida Worker 's Compensation benefits as an employee of the City or accumulations of sick or annual leave. Six one month payments will be made, in the amount of $5,416.66 per month. Payment will be made on the last day of each month, for the work that has been performed. This Agreement will be in effect for a period of six (6) months, for a total compensation of $32,499.96. The City shall be responsible for its portion of any Social Security and Medicare payments required by law in addition to Contractor's monthly emolument for the agreed period. The City shall allocate $1,800.00 for transportation expenses. It is agreed Contractor will be 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 thirty (30) days following receipt by the other party of the written termination notice. In the event of such termination for convenience of either party, the Contractor shall be paid a sum equal to all payments due to him 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, 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 omissions or other wrongful conduct of the Contractor or his subcontractors, employees, or agents in connection with the Contractor's performance of services pursuant to this Agreement. The Contractors'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 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 $32,499.96. 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 of $32,499.96 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 $32,499.96 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 b a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. All notices under the term of this Agreement shall be sent to the following: CONTRACTOR: ARMANDO E. HERNANDEZ 4000 COLLINS AVENUE MIAMI BEACH, FL 33140 CITY: CITY OF MIAMI BEACH CITY MANAGER'S OFFICE 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 It is further agreed that this Agreement may be altered, extended and amended only upon the written consent of both parties hereto. 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. FORM f\PPRO'. L' LEGAL DC} J DY~ _R.~~~- City Clerk A:\Agreement.AEH CITY OF MIAMI BEACH A Florida Municipal Corporation " 4-\ Hernandez '-