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RESOLUTION 91-20244 RESOLUTION NO. 91-20244 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND NORMAN LI T Z AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, a Management Service Agreement for the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts, by and between the City of Miami Beach and Spectacor Management Group, was approved by the City Commission December 19, 1990; and, WHEREAS, the Agreement provided for a Contract Administrator; and, WHEREAS, the City is desirous of retaining Mr. Litz to provide for administrative services at the Miami Beach Convention Center. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach City Commission approves the attached Agreement between the City of Miami Beach and Norman Litz, an independent contractor, and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. PASSED and ADOPTED this 20th day of February , 1991. f f: / 7' , AA‘V i A OR ATTEST: C-41 CITY CLERK RWP:CBT:jh FORM APPROVED LEGAL DEPARTMENT g)-1-47. Date: .,. /19/ eceq eeete% M' 13?‘‘ FLORIDA 3 3 1 3 9 1 4 $* INCORPi ORATED)*S .V A CA TIO NL A NL) U. S. A vv \x,4,/26 OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. I February 2 0, 1991 DATE: TO: Mayor Alex Daoud d Members of the ' ity Commi.si• FROM: Rob W. Par 'ns Ito City Manager Irr SUBJECT: EMPLOYMENT AGREEMENT WITH NORMAN LITZ In order to provide for continuity in administrative services at the Miami Beach Convention Center, an Agreement between the City of Miami Beach and Mr. Litz has been negotiated for a period of two years, with an effective starting date of March 1, 1991, and a termination date of February 28, 1993 . This Agreement is for the purpose of providing a Contract Administrator in connection with the Management Service Agreement for the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts, by and between the City of Miami Beach and Spectacor Management Group, dated December 19, 1990. Mr. Litz ' salary will be in the amount of $54 ,996 per year ($4 , 583 per month on a 12-month basis) . This emolument will be based on a minimum 40-hour work week. 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. RWP:CBT:jh Attachments 5 AGENDAC ITEM -4 -6 DATE 2- 2.0 -9 t AGREEMENT THIS AGREEMENT, by and between NORMAN LITZ (hereinafter called "Litz") and the CITY OF MIAMI BEACH (hereinafter called "City") for a period of twenty-four (24) months, with an effective starting date of March 1, 1991, and a termination date of February 28, 1993 . This Agreement is for the purpose of providing a CONTRACT ADMINISTRATOR (hereinafter called "Administrator") in connection with the Management Service Agreement for the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts, by and between the City of Miami Beach, Florida and Spectacor Management Group (hereinafter called "SMG") , dated December 19, 1990. For the purpose of this Agreement, Litz 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. There will be no expenses paid to Litz, in addition to the monthly emolument, unless these expenses are incurred in direct relationship to this Agreement for expenses and travel, in which case all such expenses will be fully reimbursed as approved by the City Manager. Under this Agreement, an automobile will be provided to Litz by the City. Payment will be in the amount of Four Thousand Five Hundred Eighty-Three ($4 , 583) Dollars per month on a 12-month basis. This emolument will be based on a minimum 40-hour work week. Litz will be available on call at the discretion of the City Manager. It is the intention of this Agreement that Litz work a full 40-hour week and a 50-week year. Litz shall perform the duties of the City's Contract Administrator for the aforementioned Management Services Agreement and shall have the authority to give all approvals for the City . while administrating that Agreement with SMG, with the exception of matters which would require City Manager and/or City Commission approval. As the City's Administator, Litz: a. shall be the liaison between SMG and the City on all matters relating to this Agreement; b. shall be responsible for ensuring that any information supplied by SMG is properly distributed to the appropriate City departments; c. shall be responsible for the day-to-day monitoring and assessment of the quality of service provided by SMG, and the contract compliance by SMG; and d. shall report to the City Manager or his/her designee on all matters relating to the services provided by this Agreement. It is agreed that Litz will be able to participate in other personal service agreements with any agency, individual or corporation which do not create any inferred conflict of interest with the City. To the extent permitted by applicable law, the City hereby agrees to indemnify, defend, and hold Norman Litz harmless from any and all claims, demands, causes of action and liabilities, whether in contract or in tort, in law or in equity arising out of or relating to the services of Norman Litz as Contract Administrator under this Agreement. The initial Agreement by and between Litz and the City, dated May 24, 1989, as amended on January 10, 1990, shall terminate and be of no further force or effect simultaneously with the execution of this Agreement between Litz and the City. It is further agreed that this Agreement may be altered, extended and amended only upon the written consent of both parties hereto. However, this Agreement may be cancelled by either party upon ninety (90) days ' written notice. CITY OF MIAMI BEACH A Florida Municipal Corporation ATTEST: E . CITY CLERK ,/ (Li4te(z1fc/ ad NO . LITZ PrI Approved As To Form: Legal Department -,00/ Date CBT:jh ORIGINAL RESOLUTION NO. 91-20244 Approving the agreement between the C.M.B. and Norman Litz and authorizing the Mayor and City Clerk to ececute the agreement on behalf of the City.