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RESOLUTION 88-19267 RESOLUTION NO. 88-19267 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN SAUL GROSSBARD AND THE CITY OF MIAMI BEACH FOR ADMINISTRATIVE SERVICES IN CONNECTION WITH THE RECONSTRUCTION OF THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS. WHEREAS, the City Commission has reviewed the Agreement between Saul Grossbard and the City of Miami Beach; and WHEREAS, the City Administration has agreed to compensate Mr. Grossbard at the rate of $5,000 per month during the reconstruction of TOPA, not to exceed thirty-one (31) months from May 1, 1988. Upon completion of the reconstruction, payment shall be $2,000 per month for twelve (12) months for assistance in testing all systems and warranties with regard to the reconstruction, with the option of extending the agreement on a month-to-month basis for a period not to exceed an additional twelve (12) months; and WHEREAS, the City Administration has recommended execution of the Agreement, and the City Attorney has approved it as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be authorized to execute the Agreement between Saul Grossbard and the City of Miami Beach for administrative services to the City Manager's Office in connection with the reconstruction of The Jackie Gleason Theater of the Performing Arts. PASSED AND ADOPTED this 1st day of June 1988. ,/SIP MAYO• ATTEST: CITY CLERK Approved as to form: .44AARia gClIAMtffr LEGAL DEPARTMENT c-3(4 DATE AGREEMENT An Agreement entered into between Saul Grossbard and the City of Miami Beach for a period of thirty-one (31) months with an effective starting date of May 1, 1988, and a termination date of December 1, 1990. This Agreement may be extended on a month-to-month basis for a period not to exceed a twelve (12) month additional period. This Agreement is for the purpose of providing administrative services to the City Manager's Office during the reconstruction of The hackie Gleason Theater of the Performing Arts (TOPA). Administrative services will include coordination on behalf of the City between the architect and the successful contractor, reviewing progress payments, reviewing work time schedules, reviewing requests for Change Orders, and other activities as appropriate for successful completion of the reconstruction of TOPA. For the purpose of this Agreement, Mr. Grossbard 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 Workmen's Compensation benefits as an employee of the City or accumulations of sick or annual leave. There will be no expenses paid to Mr. Grossbard in addition to the monthly 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 reimbursed in accordance with the City of Miami Beach's travel policy, and must be approved by the City Manager. Payment will be in the amount of $5,000 per month during the reconstruction of TOPA, but not to exceed thirty-one (31) months from May 1, 1988. This emolument will be based on a minimum 40-hour work week during the construction phases. Payment will be made on the first business day of each month for the previous month. Upon completion of TOPA construction, payment shall be $2,000 per month for twelve (12) months for assistance in testing all systems and warranties with respect to the reconstruction. In the event that Mr. Grossbard is unable to perform the duties anticipated by this Agreement, there will be a pro rata reduction in the monthly emolument for the period of nonperformance. In the event that secretarial services are necessary for the preparation of any memoranda or reports, said services will be provided at the discretion of the City Manager, but it is further understood that these services will be provided at City offices. Mr. Grossbard will also be available on call at the discretion of the City Manager. It is the intention of this Agreement that Mr. Grossbard work a full 40-hour week during construction phases, however, at the discretion of the City Manager, he may determine the appropriate working hours. continued... Page 1 of 2 GRoSSBARD AXE REE MENT PAGE 2 of 2 It is agreed Mr. Grossbard will be able to participate in other personal services agreements with any agency or individual which does not create any 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 hereto. However, this Agreement may be cancelled by either party with 30-days written notice. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this the date and year first above written. CITY OF MIAMI BEACH A Florida Municipal Corporation 40 ‘,.._001 MAYOR EX DAOUD Ili • P I P Ilkii P - All Ihrg...1" I t " SAUL GROS BARD ATTEST: ,, A adtil CYRI--0, )-it_ ' CITY CLERK (/ -//I Approved as to Form: }l .4-1t6-d &,,,,tcr ,LEGAL DEPARTMENT 5- t-kV i DATE RLF:lg RF/COMM MEMO 5/23/88 1 ORIGINAL RESOLUTION NO. 88-19267 (Authorizing the Mayor and City Clerk to execute an Administrative Services Agree- ment between Saul Grossbard and the City of Miami Beach for Administrative Services in connection with the reconstruction of the Jackie Gleason Theater of the Per- forming Arts)