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RESOLUTION 92-20529 • f RESOLUTION No. 92- 20529 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN DANIEL MORHAIM AND THE CITY OF MIAMI BEACH FOR ADMINISTRATIVE SERVICES TO THE PARKING DEPARTMENT. WHEREAS, the City Commission has reviewed the Agreement between Daniel Morhaim and the City of Miami Beach; and WHEREAS, the City Administration has agreed to compensate Mr. Morhaim at the rate of $900. 00 per week for three (3) months effective June 18, 1992 , through September 18, 1992 , with the option of extending the agreement on a month to month basis not to exceed an additional three (3) 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 Daniel Morhaim and the City of Miami Beach for administrative services to the Parking Department. PASSED AND ADOPTED this 17th day of June'/ 1992 . NIA" MAYOR ATTEST BY: FORM APPROVED BY LEGAL 57a4-te4a, 5-44/Tudi,H June 12 , 1992 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 114Z DATE: June 17, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Cantofi /� City Manager �� SUBJECT: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DANIEL MORHAIM FOR ADMINISTRATIVE SERVICES TO THE PARKING DEPARTMENT ADMINISTRATION RECOMMENDATION: That the attached Resolution be passed authorizing the Mayor and City Clerk to execute an Administrative Services Agreement for administrative and technical assistance between Mr. Daniel Morhaim and the City of Miami Beach Parking Department. BACKGROUND: In order to fully realize the revenue potential of the Parking Department, both at the present time and for the future planning efforts of the Parking Task Force, additional financial analysis needs to be performed. Mr. Morhaim has specific knowledge and background in this field to provide these services at a relatively low cost. In addition, Mr. Morhaim will be providing computer applications and training in same to the City so that future analysis can be performed on an on-going basis. ANALYSIS: Mr. Morhaim has presented the City with examples of his computer applications. After a review of these documents, they meet the needs of the Department. CONCLUSION: After meeting with Mr. Morhaim, and reviewing his abilities to perform this work in a competent and expeditious manner, the Administration recommends the passage of the Resolution by the City Commission. RMC:JRB:pc • SS AGENDA ITEM DATE AGREEMENT BETWEEN DANIEL MORHAIM AND CITY OF MIAMI BEACH This Agreement, made and entered into this 18th day of June , 1992, by and between the City of Miami Beach, a municipality organized and existing under the Laws of the State of Florida, herein referred to as "City", and Daniel Morhaim, a Certif ied Public Accountant, herein referred to as "Contractor" . In consideration of the mutual promises set forth herein, it is agreed by and between the City and Contractor: 1. Purpose - Work Description The City wishes to have the following services performed: administrative and financial forecasting services, computer application assistance and employee training in financial forecasting. The Contractor agrees to perform these services for the City in accordance with the terms and conditions set forth in this Agreement. The Contractor shall execute these services in accordance with the lawful directions of the City Manager. 2. Payment - Work Hours City shall pay Contractor the sum of $900 per week to be paid bi-weekly in advance. It is understood by City and Contractor that Contractor shall work approximately thirty (3 0) hours per week at the discretion of the City Manager or his designee. For any week during which Contractor does not work at least twenty (20) hours, Contractor shall reimburse City in the amount of $36. 00 per hour for each hour under twenty (2 0) hours during which he did not work. If Contractor works more than thirty (3 0) hours in any one week, then Contractor shall receive from City $36. 00 per hour for each work hour in excess of thirty (30) hours= In the event that Contractor fails to fully perform his duties under this contract then the City shall be under no obligation to make any payments whatsoever and may recover any unearned payments previously made. 3. Relationship of City and Contractor The City and Contractor agree that Contractor is an independent contractor and not an agent or employee of the City. Contractor is not entitled to any rights or benefits generally offered classified or unclassified City employees, including but not limited to group insurance and pension, Florida Workers Compensation, and sick or annual leave benefits. 4. Duration Except as provided for in Paragraph 11 herein, this Agreement shall remain in effect for a period of three (3) months, commencing on June 18, 1992 and terminating on September 18, 1992 . This Agreement may be extended on a month-to-month basis for an additional period not to exceed three (3) months upon consent of City and Contractor. 5. Hold Harmless Contractor shall indemnify and hold the City harmless for any and all liability, injury, damage or loss arising out of Contractor' s work performance pursuant to this Agreement. 6. Limitation of City 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 Agreement, so that its liability for any such breach never exceeds the total due Contractor pursuant to paragraph "2" above. 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 the total due Contractor pursuant to paragraph "2" above, 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 the total due Contractor pursuant to paragraph "2" above, which amount shall be reduced by the amount actually paid bythe Cityto Contractorpursuant to this Agreement. Nothing contained in this paragraph 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 . 7. Arbitration 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 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 uamages 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. 8. Agreement Not Assignable This Agreement may not be assigned by City or Contractor without the prior written consent of the other. 9. Other Employment It is agreed that Mr. Morhaim will be able to participate in other personal services agreements with any other agency or individual which do not create any conflict of interest with his work for the City of Miami Beach. 10. Reimbursement of Expenses Direct expenses incurred by the Contractor shall be approved in advance by the City. Reimbursable expenses shall include, but shall not be limited to, airfare, lodging accommodations, meals, auto travel at 0. 28/mile, long-distance telephone, clerical and secretarial services, courier, postage, fax, reprodution, printing and purchase of materials or services directly necessitated by the assignment. Direct expenses, upon City approval, shall be reimbursed at cost upon submission and approval by the City of appropriate invoices and receipts. 2 11. Entire Agreement - Amendments This Agreement contains the entire agreement between City and Contractor and may not be altered, extended or amended except by later written agreement signed by City and Contractor. 12. Termination This Agreement may be terminated by either City or Contractor upon thirty (3 0) days prior written notice to the other party. 13. Enforcement Exclusive venue for any legal action to enforce this Agreement shall be in Dade County, Florida, with the prevailing party receiving costs and reasonable attorney fees. 14. Severability If any sentence, paragraph, subparagraph, clause, phrase or provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, the same shall not affect this Agreement or any part thereof, other than the part so declared invalid. IN WITNESS WHEREOF, the parties have executed this Agreement on the date stated above. D I E MORHAIt4,! ,1 \1 / \i( CITY OF MqAMI BEACH /- 7 By: MAYOR ATTEST: CITY CLERK -T/1/52_ SWS:scf emp oyag.dm FORM APPROVED LEGAL DEPT. • By SaaAel, caned* Date 6--l6 3 RESOLUTION NO. 92-20529 Authorizing the Mayor and City Clerk to execute an administrative service agreement between Daniel Morhaim and the City of Miami Beach for administrative services to the Parking Department. • Pit