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RESOLUTION 93-20788 RESOLUTION NO. 93-20788 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SIX (6) MONTH ADMINISTRATIVE SERVICES AGREEMENT BETWEEN EDWIN YOUNG AND THE CITY OF MIAMI BEACH FOR THE CUMULATIVE AMOUNT OF $21,000, OR $3,500 MONTHLY, FOR SUPERVISORY SERVICES TO THE CITY OF MIAMI BEACH POLICE DEPARTMENT. WHEREAS, the Mayor and City Commission have reviewed the attached Agreement between Edwin Young and the City of Miami Beach; and WHEREAS, Edwin Young has agreed to provide supervisory services to the City of Miami Beach Police Department; and WHEREAS, City Administration has agreed to compensate Edwin Young at the rate of $3 , 500. 00 per month for six (6) months, effective April 4 , 1993 through September 30, 1993 ; and WHEREAS, funding for this position is available in the Confiscation Trust Fund; 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 MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be authorized to execute the Agreement attached hereto as Exhibit "A" between Edwin Young and the City of Miami Beach for providing supervisory services to the City of Miami Beach Police Department. PASSED and ADOPTED this 5th da o May , 1993 . r 'R ATTEST: FORM APPROVED LEGAL DEPT. CITY CLERK 51l0/41 3 7t9 wow FUNDING APPROVED: �,,,�- �--- g 3 Date �3 BU 1 1 I (c:\wp51\data\young.res) (legal/kds) CITY OF MIAMI B 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. -93 TO: Mayor Seymour Gelber and DATE: May 5, 1993 Members of the City Commission FROM: Roger M. rit L_- City Manager SUBJECT: ADMINISTRATIVE SERVICES AGREEMENT FOR EDWIN YOUNG ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Clerk execute the attached Administrative Services Agreement with Edwin Young for the cumulative sum of $21, 000 for six (6) months ($3, 500 monthly) , beginning April 4, 1993 and ending September 30, 1993 . Mr. Young's Agreement from 10/1/92 through 3/30/93 was approved pursuant to Resolution 92-20641. BACKGROUND: • Mr. Young retired from his position as Sergeant of Police with the Miami Beach Police Department on December 30, 1988, with 28 years of service. His last three (3) years was as a supervisor in charge of the Property Management Unit. Mr. Young's background and experience has made him a valuable asset in this position. He has brought the Property Evidence Unit's function to a level of national recognition by obtaining outstanding performance marks cited by the International Association of Chiefs of Police and the Hewlett Packard Company. It was through his leadership efforts and initiative that made these accomplishments possible. Over the past several years his duties and responsibilities have increased by overseeing Building Management, Fleet Management, and the Quartermaster Unit. This includes maintenance of 265 police vehicles, buying and dispersing uniforms for 400 police employees, the safeguarding of over $250, 000. 00 in cash plus large quantities of narcotics, daily maintenance of the police facility and mini stations, stables, and Marine Patrol. ANALYSIS: Funding for Mr. Young's services is provided from the Confiscations account without negative impact on the City Budget. Mr. Young receives no employee benefits such as overtime, platoon level time or any other fringe benefits. His present salary of $3 , 500 a month is well below the salary of a Unit Supervisor (Lieutenant of Police) and is a savings to the City. His integrity ana trustworthiness has been well-known throughout the organization, and his dealings with all the personnel, vendors, and purchasing agents, an other department heads has always been considered very professional. His management style has given him the respect of all his fellow officers and his willingness to take on added responsibility, and work longer hours has always been beneficial to the Police Department. (c:\wp51\data\young.cm) AGENDA R-77 F ITEM_ DATE AGREEMENT THIS AGREEMENT, made this j.-: 'a day of l�-1c�•�.' , 1993 , by and between the City of Miami Beach, a Florida municipal corporation (hereinafter referred to as "City") and Edwin Young, an independent contractor (hereinafter referred to as "Contractor") , for a term of six (6) months with an effective starting date of April 4 , 1993 and a termination date of September 30, 1993 . This Agreement may continue on a month to month basis for a period not to exceed a twelve (12) month additional period from the termination date. This Agreement is for the purpose of providing supervisory services to the City of Miami Beach Police Department. The total compensation to Contractor for the term of this Agreement shall be the sum of $21, 000. Contractor shall be paid such sum in the amount of $1, 615. 38 bi-weekly. This emolument will be based on a maximum 40-hour work week. Hours worked over 40 per week will not be compensated. In the event Contractor does not work a 40-hour weekly increment within a one week period, $21. 87 per hour will be deducted from the bi-weekly allocation. Payment will be made on a bi-weekly basis, as set forth above, to coincide with the City of Miami Beach pay schedule. For the purpose of this Agreement, Edwin Young (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 Services or Pension Ordinance of the City, or any rights generally afforded classified or unclassified employees. Furthermore, she 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 Contractor in addition to his monthly emolument, unless these expenses are incurred in direct relationship to this Agreement in which case all such expenses will be fully reimbursed as approved in writing by the Department Director. It is the intention of this Agreement that Contractor work a full 40-hour week. However, at his discretion, and with the prior y ' i written approval of the Department Director, he may determine the appropriate working hours. The parties herein agree that Contractor will be able to participate in other personal services agreements with any agency or individual which does not create any direct, indirect or 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. Contractor shall not assign, transfer or subcontract his rights and obligations under this Agreement. r This Agreement may be terminated without cause for the convenience of either party at any time upon furnishing thirty (30) days ' written notice to the other party. In the event of 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 and hold harmless, the City, the Miami Beach Police Department, and their officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys ' 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 omission 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 Contractor' s obligation under this article shall not include the obligation to indemnify the City, Miami Beach Police Department and their 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, Miami Beach Police Department and their officers, employees and agents. The parties each agree to give the other party prompt 2 notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 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 damages 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. 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 $21, 000. 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 $21, 000, 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 $21, 000 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 3 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 Florida Statutes Section 768 . 28 . All notices under the term of this Agreement shall be sent to the following: CONTRACTOR: EDWIN YOUNG 8300 S. W. 158 STREET MIAMI, FL 33156 CITY: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 WITH COPIES TO: MIAMI BEACH POLICE DEPARTMENT 1100 WASHINGTON AVENUE MIAMI BEACH, FL 33139 OFFICE OF THE CITY ATTORNEY CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 CIT . 4F MIAMI BEAM, a Florida mu ipal corpora on .y Aglik MA •R ATTEST: CITY CLERK 404s By /), :ee (;, /6/t/ / EDWIN YOUNp; CONT CTOR (legal - kds) (c:\wp51\data\young.agr) FORM APPROVED LEGAL DEPT. BY S19 DateLf-Z�-q3 4 ORIGINAL RESOLUTION NO. 93-20788 Authorizing the Mayor and City Clerk to prmwomm execute a six (6) month administrative services agreement between Edwin Young and the City of Miami Beach for the cumulative amount of $21,000, or $3,500 monthly, for supervisory services to the City of Miami Beach Police Department.