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RESOLUTION 93-20857 • • RESOLUTION NO. 93-20857 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 SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JACK LUBIN FOR THE PURPOSE OF PROVIDING ASSISTANCE TO THE CITY IN CONNECTION WITH THE PRIORITY ISSUES FOR FISCAL YEAR 1993/94 AND OTHER PROJECTS TO BE INITIATED BY THE CITY ADMINISTRATION. WHEREAS, the City of Miami Beach presented the priority issues for Fiscal Year 1993/94 and same were so approved by the City Commission on July 28 , 1993 ; and WHEREAS, the City is desirous of entering into the attached Professional Services Agreement (Agreement) with Jack Lubin to provide assistance for the development of the priority issues of Fiscal Year 1993/94 ; and WHEREAS, said Agreement between the City and Jack Lubin would be for a period of six (6) months with an effective starting date of August 15, 1993 , and a termination date of March 14 , 1994 , in the total amount of $35, 000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City approve the attached Agreement between the City of Miami Beach and Jack Lubin, an independent contractor, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. PASSED AND ADOPTED this 28th day of July , 1993 . rall*/4t , , VICE -MAYO' ATTEST: CITY CLERK FORM APPROVED RJA: jm LEGAL DEPT. By c:\wp51\data\lubin.res Date 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. Ab -7-93 TO: Mayor Seymour Gelber and DATE: July 28 , 19 9 3 Members of the City Commission FROM: Roger M. Carl City Manager r! SUBJECT: PROFESSIONAL SERVICE AGREEMENT WITH JACK LUBIN ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve the attached resolution authorizing the agreement and authorizing the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. BACKGROUND: An agreement between the City of Miami Beach and Mr. Jack Lubin has been negotiated for a period of six (6) months with an effective starting date of August 15, 1993, and a termination date of March 14, 1994 . This Agreement is for the purpose of providing the City Manager with assistance in the analysis of priority issues for fiscal year 1993/94 . Mr. Lubin will be involved in projects such as: Public Safety - Review needs of the City relating to Police and Fire Rescue Services. North Beach - Determine improvements required to address the current problems in the North Beach area relating to crime, building code violations and overall deterioration of neighborhoods. Work with the North Beach Development Corporations' Executive Director regarding various cooperative projects with the City of Miami Beach. Clean City - Review the current program to clean up the City. Review includes public education and communication. Improvements to City ordinances relating to violations and fines. Special Taxing Districts - Meetings with North Beach concerning development of a special taxing districts and meetings with South Beach groups concerning operations of a special taxing district. Normandy Isle - Meeting with community groups concerning placement of gates and guard houses. General Services Administration - Review of the General Services Administration Fleet Management operations. Mr. Lubins ' compensation will be in the amount of $35, 000 for the six (6) month period. This emolument will be based on a minimum 40-hour work week and no fringe benefits will be paid. CONCLUSION: The City Administration recommends that the City Commission of the City of Miami Beach approve the attached resolution authorizing the agreement between the City of Miami Beach and Jack Lubin, and authorizing the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. AGENDA ITEM RMC:MDB:ah Attachment _ _C3 DATE L 6 � t sUI•1EA7A3- ,74/ FW}t Jack Lubin 2151 S.W. 87th Court Miami, Florida 33265 EXPERIENCE: DWG CGRPORAT I ON 1990-present President of NPC Leasing Corporation. NPC Leasing is tui affiliated company of ice, and one of the largest leasing companies in the United States, with a fleet of over 12,000 vehicles. 19A1-present Vice President of Purchasing, Construction, Inventory Control and Building Services of DWG Corporation and all affiliated � companies (approximately 200). Vice President of purchasing 1981-present and Construction, Southeastern Public Service Company. Director of Purchasing, 1980-1981 Southoast:ern Puhl i.r Service Company. FLORIDA POWER AND L I011'r COMPANY 1973-1980 Supervisor of Projects (purchasing) . Responsible for the pur ohae ing of all majnr e i t and parts required qu pmen for the construction and implementation of all the power Tants, both rossil and p Also responsible Nuclear. t�Oible for ail contracts for rcquired subcontracting. Supervised group of 35 prof erss ionals. This groupwas written up in the wall Street journal fortoe having brought on line first and only Nuclear Power Plant within budget and ahead of schedule. • JACK LUBIN RESUME PAGE 2 US DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC AGENCY 1950-1980 0 Chief Navigator and Personnel Officer. In addition, did research and development for the U.S. Department of Transportation (FAA) including two Published Papers on Doppler Navigation and Omega Navigation. Worked on the development of Inertial Navigation Systems and other types of electronic instrumentation. UNITED STATES AIR FORCE 1959-1976 was in the Active Air Force Reserve on flying status. Attained the rank of Lieutenant Colonel in 1973. Last assignment was Squadron Commander at Homestead Air Force Base, Florida 1954-1959 Active Duty including flying school. Earned wings as a Navigator and Electronics officer. EDUCAT ION: Undergraduate! University of Florida. BA in Public Administration 1954. Graduate. University of Miami. Computer programming. Miami Dade Community College. Courses in Business Administration leading to MBA. • JACK LUBIN RESUME PAGE 3 63 PUBLIC SERVICE: 1988-1989 Board of Governors - Miami Beach Chamber of Commerce zion 1987-1989 Executive V.P. -- Temple Israelite Center 1981-1986 Board of Governors - Miami Beach Chamber of CommerCe Miami Beach 1982-1984 City tanager of Transportation Committee Dade County Transportation Committee - Creation and Development of Metro Rail 1982 Contributed articles to Science Journals Member of Mayor's Financial Advisory Council, Miami Beach City of Miami Beach Park and Recreation Committee le Or Olom 1969-1981 President - Temp1964-1966 President - Brotherhood of Temple Or Olom Awards: Named Man of the Year; 1978 The Wall Street Journal 1972 Recipient of Superior Achievement Award; U.S. Department of Commerce 1969 Outstanding Achievement Award; U.S. Department of Commerce 64 AGREEMENT THIS AGREEMENT, is made by and between the City of Miami Beach, a Florida municipal corporation (hereinafter referred to as "City") and Jack Lubin, an independent contractor (hereinafter referred to as "Contractor") , for a term of six (6) months with an effective starting date of August 15, 1993 and a termination date of March 14 , 1994 . This Agreement is for the purpose of providing assistance to the City, through consideration with the Office of the City Manager, with regard to consultation services as to any priority issues for Fiscal Year 1993/94 , such priority issues as to be defined by the Mayor and City Commission and recommendations thereto from the City Administration. The total compensation to Contractor for the term of this Agreement shall be the sum of $35, 000. 00 . Payment to Contractor shall be made on a monthly installment basis and shall be based upon Contractor' s working a minimum average of forty hour work weeks throughout the term of this Agreement, provided however, that Contractor shall not be required to meet this minimum during any week in which there are recognized City-wide holidays. Additionally, Contractor may be required to work additional hours at the request of the Mayor and City Commission. Payment shall be made on the first business day of each month for the period covering work over the previous month. For the purpose 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 Services or Pension Ordinance of the City, or any rights generally afforded classified or unclassified employees. Furthermore, he shall not be deemed entitled to Florida Workmen' s Compensation benefits as an employee of the City or accumulation of sick or annual leave. There will be no expenses paid to Contractor in addition to the aforestated 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 fully reimbursed as approved in writing by the Mayor and City Commission of the City of Miami Beach. The Contractor agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance No. 72-82 , as amended, and by the City of Miami Beach Charter and Code which is incorporated by reference herein as if fully set forth herein, in connection with the terms of this Agreement. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct nor indirectly, which should conflict in any manner or degree with the performance of the services to be provided hereunder. The parties herein agree that Contractor will not be able to participate in other personal services agreements with any agency or individual which would create any direct, indirect or inferred conflict of interest with the City of Miami Beach during the term of this Agreement. Contractor represents herein that he is currently a party to a consultant agreement with DWG Corporation and further agrees that if any direct, indirect or inferred conflict of interest with the City of Miami Beach arises as a result of said agreement, he will immediately notify the City of same and either terminate said prior agreement with DWG Corporation or the Agreement herein. 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. 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, defend and hold harmless, the City 2 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, 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 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 shall agree to indemnify, defend and hold harmless the Contractor from all non-negligent actions taken as part of the scope of services under this Agreement. 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 3 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 $35, 000. 00. 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 $35, 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 an amount in excess of $35, 000. 00 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 be 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: JACK LUBIN 2151 S.W. 87TH COURT MIAMI, FL 33265 CITY: CITY OF MIAMI BEACH 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 4 • • Wherefore, the parties hereby execute this Agreement on this L� day of Nwoi,A41r , l993 . CITY OF MIAMI BEACH, a Florida municipal A orpo ation Ar - BY ktimiLf : die laai- MARTIN SHAPIRO, VI E- YOR ATTEST: ‘cirv-t.""_ CITY CLERK Vciii3 7/1d By ,� TACK LUBIN, CONTRACTOR jm:c:\wp51\data\Lubin.agr) FORM APPROVED LEGAL DEPT. Date -2` 2-"3 5 ORIGINAL RESOLUTION NO. 93-10857 Authorizing the Mayor and City Clerk to execute a professional service agreement between the City of Miami Beach and Jack Lubin. 10* f