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Resolution 94-21025 e RESOLUTION NO. 94-21025 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 JORGE MARTINEZ FOR THE PURPOSE OF PROVIDING ASSISTANCE TO THE CITY IN CONNECTION WITH AN ANTI- GRAFFITI PROGRAM TO COMMENCE JANUARY 24, 1994. WHEREAS, the City of Miami Beach recognizes the serious problem regarding graffiti throughout the City; and WHEREAS, the City is desirous of entering into the attached Professional Services Agreement (Agreement) with Jorge Martinez, an independent contractor, " to provide assistance in dealing with this serious graffiti problem; and WHEREAS, the Agreement between the City and Jorge Martinez will be for a period of six (6) months with an effective date of January 24, 1994, and a termination date of July 15, 1994, for a total amount of $12, 000. 00; and WHEREAS, the funds for the Agreement, in the aforstated amount, are available and may be appropriated from the Unclassified Special Projects Account for the Anti-Graffiti and Anti-Litter Campaign. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission approve the attached Agreement between the City of Miami Beach and Jorge Martinez, an independent contractor, and authorize the Mayor and City Clerk to execute the agreement. PASSED AND ADOPTED this 19th • of January, 1994 . I I 1 . or Seymour Gelber ATTEST: /( FORM APP' IVED 4y LE D - �C ""`,-'" By `- CITY CLERK Date 3 A /l C SG:JP:blb A: \Martinez.Res CITY OF MIAM .I 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. a2-q 4 (30kAdoial TO: Mayor Seymour Gelber and DATE:January 19, 1994 Members of the City Commission FROM: Roger M. Carltor City Manager EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH SUBJECT: AND JORGE MARTINEZ FOR THE PURPOSE OF PROVIDING ASSISTANCE TO THE CITY IN CONNECTION WITH AN ANTI- GRAFFITI PROGRAM FOR A PERIOD OF SIB (6) MONTHS TO BE INITIATED FROM JANUARY 24, 1994 AND ENDING ON JUNE 30, 1994. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission approve the contractual Agreement to hire Jorge Martinez as an independent contractor to assist in the implementation of a City- wide Anti-Graffiti Program. The funding is available in the Unclassified-Special Projects Account for the Anti-Graffiti and Litter Campaign. BACKGROUND: The City of Miami Beach has been faced in recent years with an increasing number of graffiti incidents to property throughout the entire City. While the Police Department responds to specific complaints, files reports and enforces the law prohibiting defacing of private and public property, and while the Property Maintenance Division responds to specific sites, cleans and/or paints those surfaces that are defaced, the City is in need of a full time Anti- Graffiti Co-ordinator to assess the specific needs, conduct a survey, meet with property owners and respond to those needs as required by the Administration and recently inacted County ordinances should the City Commission determine to adopt these ordinances. ANALYSIS: Mr. Martinez, as an independent contractor will coordinate and implement anti-graffiti clean ups using City resources and a volunteer force, will respond to all incidents of graffiti, conduct fact findings, coordinate with the Police Department and a Court Referral Program that will provide on going court-ordered individuals in need of completing Community Service time as a means to keep City property graffiti free. Mr. Martinez's compensation will be $2000.00 per month for this six month experimental program. • RMC:JP:cam c: \employ.agr AGENDA R-"7-A ITEM DATE I: 1 !- / T re AGREEMENT This Agreement is entered into between Mr. Jorge Martinez (Contractor) and the City of Miami Beach (City) , for a period of six (6) months withran effective starting date of January 24, 1994, and a termination date of July '15, 1994. This Agreement is for the purpose of evaluating and reducing graffiti throughout the City of Miami Beach, on an as-needed basis, as determined by the City Manager. Upon completion of his evaluation, Contractor shall submit a written report to the City Manager with findings, recomilendations and a plan of action to be implemented. For the purpose of this Agreement, Mr. Martinez 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. Twelve (12) payments will be made in the amount of $1,000. 00 bi-weekly for up to six (6) months. Payment will be made every two (2) weeks. This contract will be in effect for a period of twenty- four (24) weeks, for a total of $12,000.00. The City of Miami Beach shall be responsible for payment of any Social Security and Medicare, payments required by law in addition to Contractor' s weekly emolument for the agreed period. Contractor will have access to a City vehicle throughout the term of the Agreement, as authorized by the City Manager, and solely for the purpose of fulfilling the scope of his employment herein. 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. L 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 $12, 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 $12, 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 $12,000. 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 ba 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: JORGE MARTINEZ 900 WEST AVENUE MIAMI BEACH, FL 33139 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 J 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. CITY OF MIAMI BEA% A F • ida Municipal) Corporation E. A411 '4.41. City Clerk / ayo , Seymour Gelber Jam' (i( /J_�� Witness C• •raft° Jorge Ma•tinez Witness APPROVED AS i O FORM: City Attorney DATE: / A: \Agreement.JM