Resolution 94-21056 l ,
RESOLUTION NO. 94-21056
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 MICHAEL
ALLER FOR THE PURPOSE OF PROVIDING ASSISTANCE
TO THE CITY IN CONNECTION WITH VISITORS AND
TOURIST RELATIONS TO COMMENCE ON FEBRUARY 22,
1994.
WHEREAS, the City of Miami Beach recognizes and
appreciates the major contributions that tourists and conventions
bring to Miami Beach; and, .
WHEREAS, the City of Miami Beach is concerned about the
perception and impact of negative publicity as a result of crime
and poor service as reported by the media; and,
WHEREAS, the City of Miami Beach is committed to
improving the tourist and visitor's experience to Miami Beach; and,
WHEREAS, the Agreement (attached as Exhibit A) between
the City and Michael Aller will be for a period of twelve (12)
months with an effective date of February 22, 1994, and a
termination date of February 21 , 1995, for a total amount of
$30,000.
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City
Commission of the City of Miami Beach, Florida, that the Mayor and
City Commission approve the attached Agreement between the City of
Miami Beach and Michael Aller, an i- :ependent contractor, and
authorize the Mayor and City ClerkY
•-xecute the Ag•-ement.
PASSED AND ADOPTED THISh DAY OF F-•u i %94 .
ji'i#
' "daAYOR
ATTEST:
CITY CLERK
• FORM APPROVED
LEGAL DEPT.
Date • -2--ht-C
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CITY OF MIAMI BEACH
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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. ltD`7-91
)4()-4,4
DATE: February 16, 1994
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TO: Mayor Seymour Gelber and
Members of the City Commission
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FROM: Roger M. C. .
• City Manages
SUBJECT: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
MICHAEL ALLER FOR THE PUPROSE OF PROVIDING ASSISTANCE TO
THE CITY OF MIAMI BEACH IN CONNECTION WITH ADVANCING AND
ENHANCING THE CONVENTION AND TOURISM EXPERIENCE FOR A
PERIOD OF ONE YEAR TO BE INITIATED FROM FEBRUARY 22,
1994, AND ENDING ON FEBRUARY 21, 1995.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission
approve the contractual agreement to hire Michael Aller as an
independent contractor to assist in enhancing the convention and
tourism experience for visitors coming to the City of Miami Beach.
BACKGROUND
The City of Miami Beach, as the premier destination of tourists
visiting the Dade County and Greater Miami area, has suffered in
recent months from the continuous and massive media coverage of
crime against tourists. In contrast, the national and world-wide
coverage of South Beach as the newest international "hot spot" and
the development of Lincoln Road, Fifth Street, North Beach and
other' major projects, have contributed to an unprecedented and
overwhelming growth in the number of visitors. While the
Convention Center is responsible for booking and delivering service
to organizations -and convention sponsors, and while the Chamber of
Commerce, Visitors and Convention Authority, and the Greater. Miami
Convention and Visitors Bureau are responsible for bringing
conventions and attracting tourists to the Greater Miami area,
including Miami Beach, there is no particular individual and/or
organization responsible for meeting the needs of individual
tourists and conventioneers as well as addressing the needs of
groups and conventions by being a representative of the City
Manager's Office responding and coordinating those needs.
ANALYSIS
Mr. Aller, as an independent contractor,, will coordinate and
improve visitors and tourist relations and enhance the visitors and
convention experience. His duties will include greeting
dignitaries at the Miami Airport and ensure that hotel rooms are
ready and that any special concerns are met. He will arrange
meetings for the Mayor and City Commissioners with special guests,
visitors and community leaders. He will coordinate information
from various government and private entities such as the VCA,
Convention Center, Latin Chamber of Commerce, Miami Beach Chamber 1.4
AGENDA 1., 7_
ITEM
DATE nC- 1 l‘,-- 1 Li
Commission Memorandum Page Two February 16, 1994
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of Commerce, and the Greater Miami Convention and Visitors Bureau.
He will establish a "hot line" where City departments who come in
contact with tourists and visitors, i.e. , the Police Department,
Fire Rescue, Beach Patrol and City Manager's Office, can refer
cases where tourists or visitors can turn to for assistance in •
times of emergency. A tourist also becomes a victim of a theft or
robbery and loses all identification and/or money would welcome a
personalized service at a time when he or she most needs it. He
will attend pre-convention meetings to ensure that all City
services are involved and key personnel are informed of each of
their respective roles and expectations. He will ensure that a
current list of doctors, lawyers, babysitters, cleaners, etc. , are
available on an emergency basis. He will serve as Master of
Ceremonies at official City functions hosted by the City to
introduce the Mayor, City Commissioners, and special guests. He
will serve as Chief of Protocol in meeting visiting government
leaders and ensuring their needs and stay on Miami Beach is', a'
memorable one.
Mr. Aller's compensation will be $2 ,500 per month for one year (12
months) or '$30, 000 per year.
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15
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AGREEMENT -
This Agreement is entered into between MICHAEL .ALLER
(CONTRACTOR) and the CITY OF MIAMI BEACH, FLORIDA, (CITY) , for a
period of twelve (12) months, with an effective starting date of
February 22, 1994, and a termination date of February 2 `, 1995.
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 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.
CONTRACTOR will be responsible for coordinating and improving
visitor and tourist relations and enhancing their convention
experience. His duties will include greeting visiting dignitaries
at the Miami International Airport and ensuring that hotel rooms
are ready and that any special concerns are addressed. He will
arrange meetings for the Mayor and City Commissioners with special
guests, visitors and community leaders. He will coordinate
information from various government and private entities including
but not limited to the Miami Beach Visitor and Convention
Authority, Convention Center, Latin Chamber of Commerce, Miami
Beach Chamber of Commerce, Greater Miami Convention and Visitors
Bureau, and the Hospitality Committee. He will establish a "hot
line" where City Departments which come into contact with tourists
and visitors, (i.e. , the Police Department, Fire Rescue, Beach
Patrol, and City Manager's Office, ) can refer cases where tourists
or visitors can turn to for assistance to in times of emergency.
He will attend pre-convention meetings to ensure that all City
services are involved and key personnel are informed of each of
their respective roles and expectations. He will ensure that a
current list of doctors, lawyers, baby sitters, cleaners, etc. , are
available on an emergency basis. He will serve as Master of
Ceremonies at official City functions hosted by the CITY to
introduce the Mayor, City Commissioners, City Manager and special
guests. He will serve as the chief protocol person in meeting
visiting government leaders and ensuring their needs during their
stay in Miami Beach are met.
Payment to CONTRACTOR will. be made on the first business day
of each month, in the amount of $2, 000 per month (or $500 per
week) . This Agreement shall be in effect for a total of twelve
(12) months, and shall not exceed the total contract sum of
$24,000.
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 emolument for the aforestated agreed
period. CONTRACTOR will also be additionally compensated with a
$6,000 yearly car allowance throughout the term of the Agreement.
It is agreed that 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
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.
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 $24, 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 $24,000.00 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 $24, 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
or extension 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: MICHAEL ALLER
5700 COLLINS AVENUE - #4N
MIAMI BEACH, FL 33140
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
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.
CIT OF MIAMI B CH
A F orida Munici 1 Corporation
City Clerk Mayor, eymour Gelber
,10,4
WI ness Con actor, Michael Aller
lAr_ 441.1)
Witness
FORM APPROVED
LEGAL DEPT.
By �c.�
A: \Agreement.MA ,
Date \A-Sq