96-21937 RESO
RESOLUTION NO. 96-21937
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 SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND ARMANDO E HERNANDEZ
FOR THE PURPOSE OF PROVIDING ASSISTANCE TO THE CITY IN
CONNECTION WITH A MASTER PLAN FOR CITY-OWNED BRIDGE
REHABILITATION AND/OR REPLACEMENT, UNDERGROUNDING OF
UTILITIES, UPGRADING AND/OR REPLACEMENT OF WATER/SEWER
PUMPING STATIONS, AND ESTABLISHING A CITY-WIDE ENERGY
CONSERVATION PROGRAM.
WHEREAS, the City of Miami Beach recognizes the need to
comply with the need to replace and/or rehabilitate several
bridges within the City of Miami Beach; and
WHEREAS, the City is in need of developing a Bridge Master
Plan incorporating annual bridge inspections, periodic
rehabilitation, and/or placing said bridges on a replacement
schedule; and
WHEREAS, the City is in need of evaluating its
undergrounding of utilities for various communities within the
City; and
WHEREAS, the City is in need of upgrading and/or replacement
of water/sewer pumping stations; and
WHEREAS, the City is establishing a City-wide energy
conservation program; and
WHEREAS, the Agreement between the City and Armando E.
Hernandez will be for a period of six (6) months with an
effective date of April 2, 1996, and a termination date of
September 30, 1996, for a total amount of $32,499.96 and
WHEREAS, the City agrees to allocate up to $1,800 for
transportation expenses for Armando E. Hernandez, for the six (6)
month period; and
WHEREAS, the funds for this Agreement, in the aforestated
amount, are available from salary savings in the Public
Works Department.
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 and Armando E. Hernandez, an independent contractor, and
authorize the Mayor and City Clerk to execute the Agreement.
PASSED AND ADOPTED this
day of
ATTEST:
RoWP~
CITY CLERK
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CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. J /8 -'1 l.e>
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: April 2, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
EMPLOYMENT A EMENT BETWEEN THE CITY OF MIAMI BEACH
AND ARMANDO . HERNANDEZ, FOR A PERIOD OF SIX (6) MONTHS
BEGINNING APRIL 2, 1996, AND A TERMINATION DATE OF
SEPTEMBER 30, 1996
SUB.JECT:
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission approve the Professional
Services Agreement between Armando E. Hernandez and the City of Miami Beach to maintain the
coordination of various Public Works Projects, including a Master Plan for City-owned bridge
rehabilitation and/or replacement, undergrounding of utilities, upgrading and/or replacement of
water/sewer pumping stations, and establishing a City-wide energy conservation program.
BACKGROUND:
On October 24, 1995, the Florida Department of Transportation (FDOT) informed the City of Miami
Beach the LaGorce Island Bridge needed to be closed to all vehicular traffic exceeding 5,000
pounds. Subsequently, the bridge was placed in an emergency replacement plan due to its lack of
safe sufficiency rating. The City also received a detailed description of 22 bridges within the City
showing seven (7) bridges with deterioration levels under the safe sufficiency ratings necessary to
keep the bridges open to all traffic.
FDOT inspects all bridges within the City on a two-year cycle assigning a sufficiency rating in a
scale of (0 - 100). Bridges with a sufficiency rating less than 50 are placed in the work
replacement program.
While FDOT has the responsibility for inspection of all bridges in the State of Florida and
replacement of bridges under the State jurisdiction, FDOT has a minimal budget for replacement of
off-system bridges (not under their direct jurisdiction). These bridges are considered to be City-
owned and thus, responsibility for rehabilitation and/or replacement is ultimately City Capital
Improvement Project responsibility.
continued...
AGENDAITEM~
~-~-'t~
DATE
Comm. Memo/Agreement - Armando E. Hernandez
April 2, 1996
Page 2
Mr. Armando Hernandez has assisted the City of Miami Beach for the past four (4) months in
coordinating not only the LaGorce Island Bridge replacement project, but also the Noremac Bridge
and the 47th Street Bridge Projects. Mr. Hernandez has vast experience with the Florida Power and
Light Company, close contacts with FDOT, and background as a Civil Engineer with emphasis on
bridge structures; he has been extremely helpful in securing funding and cooperation from FDOT
and FPL to fasttrack the replacement of both the LaGorce and Noremac Bridges. In addition to the
above project, the Administration is reviewing and evaluating recommendations involving
undergrounding of utilities requested by various neighborhood groups within the City.
Two other projects presently being considered involve the reviewing, inspection, and possible
replacement of antiquated water/sewer pumping station equipment with more modem and energy
efficient models and the establishment of a City-wide energy conservation program to reduce the
overall energy use and cost levels.
ANALYSIS:
Mr. Hernandez, as an independent contractor, is providing consulting services to ensure the
development and appropriate coordination with FDOT of a bridge replacement and maintenance
Master Plan.
Mr Hernandez, in his capacity as External Affairs Manager in the Miami Beach area while working
for the Florida Power & Light Company, is knowledgeable of the needs of the City with regard to
undergrounding of utilities and upgrading of existing facilities. Mr. Hernandez has worked as a
consultant for the City for the past four months and has obtained very good results working with
FDOT to obtain federal funds for the replacement of two City-owned bridge structures and the
installation of a temporary bridge in an expedited manner.
The proposed Agreement is for a term of six (6) months, at the rate of $5,416.66 per month for a
total of $32,499.96, plus a transportation allowance of $300 per month. The Agreement is
cancelable without cause by either party m 30 days'notice.
Assistant City Manager Joseph R. Pinon will continue to supervise Mr. Hernandez's activities
throughout the duration of the contract.
CONCLUSION:
It would be in the best interest of the City of Miami Beach to enter into the subject Professional
Services Agreement.
JGP:1P:blbm
Attachments
AGREEMENT
This Agreement is entered into between Mr. Armando E.
Hernandez (Contractor) and the City of Miami Beach (City), for a
period of six (6) months with an effective starting date of April
2, 1996, and a termination date of September 30, 1996.
This Agreement is for the purpose of consulting services to
ensure the development and coordination of various Public Works
proj ects, including a Master plan for City-owned bridge
rehabilitation and/or replacement, undergrounding of utilities,
upgrading and/or replacement of water/sewer pumping stations, and
establishing a City-wide energy conservation program. As part of
his Agreement, Contractor shall provide the following services:
a. Attend all meetings between the Florida Department of
Transportation (FDOT), and the City of Miami Beach, with
regards to bridge inspection, maintenance and/or
replacement.
b. Assist the Public Works Department in development and
coordination of a bridge rehabilitation and/or
replacement Master Plan for all City bridges with a low
sufficiency rating.
c. Attend all meetings with community groups with regards to
undergrounding of utilities in their respective
communities, as well as recommending to the
Administration various streetlighting improvement
initiatives.
d.
Assist the Pubic Works Department in
coordination of undergrounding of
streetlighting improvement projects.
development
utilities
and
and
e. Assist the Public Works Department in the upgrading of
water/sewer pumping stations by reviewing and developing
specifications for improvement of motor rating capacity
and other electrical needs.
f. Developing a City-owned property energy conservation
program , including improving the heating, cooling and
ventilation system capacity and reducing the lighting
loads on those facilities.
g. Inform the Administration of the various grants available
to fund Capital Improvement Projects that will enable the
City to fulfill its commitment of enhancing the quality
of life through improvements of City infrastructure.
For the purpose of this Agreement, Mr. Hernandez 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.
Six one month payments will be made, in the amount of
$5,416.66 per month. Payment will be made on the last day of each
month, for the work that has been performed. This Agreement will
be in effect for a period of six (6) months, for a total
compensation of $32,499.96.
The City shall be responsible for its portion of any Social
Security and Medicare payments required by law in addition to
Contractor's monthly emolument for the agreed period. The City
shall allocate $1,800.00 for transportation expenses.
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.
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 $32,499.96. Contractor hereby expresses his
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 $32,499.96 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 $32,499.96 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 b 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:
ARMANDO E. HERNANDEZ
4000 COLLINS AVENUE
MIAMI BEACH, FL 33140
CITY:
CITY OF MIAMI BEACH
CITY MANAGER'S OFFICE
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.
FORM f\PPRO'. L'
LEGAL DC} J
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City Clerk
A:\Agreement.AEH
CITY OF MIAMI BEACH
A Florida Municipal Corporation
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