RESOLUTION 92-20529 • f
RESOLUTION No. 92- 20529
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT
BETWEEN DANIEL MORHAIM AND THE CITY OF MIAMI BEACH FOR
ADMINISTRATIVE SERVICES TO THE PARKING DEPARTMENT.
WHEREAS, the City Commission has reviewed the Agreement
between Daniel Morhaim and the City of Miami Beach; and
WHEREAS, the City Administration has agreed to compensate Mr.
Morhaim at the rate of $900. 00 per week for three (3) months
effective June 18, 1992 , through September 18, 1992 , with the
option of extending the agreement on a month to month basis not to
exceed an additional three (3) months; and
WHEREAS, the City Administration has recommended execution of
the Agreement, and the City Attorney has approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be
authorized to execute the Agreement between Daniel Morhaim and the
City of Miami Beach for administrative services to the Parking
Department.
PASSED AND ADOPTED this 17th day of June'/ 1992 .
NIA"
MAYOR
ATTEST BY:
FORM APPROVED BY LEGAL
57a4-te4a, 5-44/Tudi,H
June 12 , 1992
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. 114Z
DATE: June 17, 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Cantofi /�
City Manager ��
SUBJECT: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DANIEL MORHAIM FOR
ADMINISTRATIVE SERVICES TO THE PARKING DEPARTMENT
ADMINISTRATION RECOMMENDATION:
That the attached Resolution be passed authorizing the Mayor and City Clerk to
execute an Administrative Services Agreement for administrative and technical
assistance between Mr. Daniel Morhaim and the City of Miami Beach Parking
Department.
BACKGROUND:
In order to fully realize the revenue potential of the Parking Department, both
at the present time and for the future planning efforts of the Parking Task
Force, additional financial analysis needs to be performed. Mr. Morhaim has
specific knowledge and background in this field to provide these services at a
relatively low cost. In addition, Mr. Morhaim will be providing computer
applications and training in same to the City so that future analysis can be
performed on an on-going basis.
ANALYSIS:
Mr. Morhaim has presented the City with examples of his computer applications.
After a review of these documents, they meet the needs of the Department.
CONCLUSION:
After meeting with Mr. Morhaim, and reviewing his abilities to perform this work
in a competent and expeditious manner, the Administration recommends the passage
of the Resolution by the City Commission.
RMC:JRB:pc •
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AGENDA
ITEM
DATE
AGREEMENT
BETWEEN DANIEL MORHAIM
AND CITY OF MIAMI BEACH
This Agreement, made and entered into this 18th day of
June , 1992, by and between the City of Miami Beach, a
municipality organized and existing under the Laws of the State of
Florida, herein referred to as "City", and Daniel Morhaim, a
Certif ied Public Accountant, herein referred to as "Contractor" . In
consideration of the mutual promises set forth herein, it is agreed
by and between the City and Contractor:
1. Purpose - Work Description
The City wishes to have the following services performed:
administrative and financial forecasting services, computer
application assistance and employee training in financial
forecasting.
The Contractor agrees to perform these services for the
City in accordance with the terms and conditions set forth in this
Agreement. The Contractor shall execute these services in
accordance with the lawful directions of the City Manager.
2. Payment - Work Hours
City shall pay Contractor the sum of $900 per week to be
paid bi-weekly in advance. It is understood by City and Contractor
that Contractor shall work approximately thirty (3 0) hours per week
at the discretion of the City Manager or his designee. For any
week during which Contractor does not work at least twenty (20)
hours, Contractor shall reimburse City in the amount of $36. 00 per
hour for each hour under twenty (2 0) hours during which he did not
work. If Contractor works more than thirty (3 0) hours in any one
week, then Contractor shall receive from City $36. 00 per hour for
each work hour in excess of thirty (30) hours=
In the event that Contractor fails to fully perform his
duties under this contract then the City shall be under no
obligation to make any payments whatsoever and may recover any
unearned payments previously made.
3. Relationship of City and Contractor
The City and Contractor agree that Contractor is an
independent contractor and not an agent or employee of the City.
Contractor is not entitled to any rights or benefits generally
offered classified or unclassified City employees, including but
not limited to group insurance and pension, Florida Workers
Compensation, and sick or annual leave benefits.
4. Duration
Except as provided for in Paragraph 11 herein, this
Agreement shall remain in effect for a period of three (3) months,
commencing on June 18, 1992 and terminating on September 18, 1992 .
This Agreement may be extended on a month-to-month basis for an
additional period not to exceed three (3) months upon consent of
City and Contractor.
5. Hold Harmless
Contractor shall indemnify and hold the City harmless for
any and all liability, injury, damage or loss arising out of
Contractor' s work performance pursuant to this Agreement.
6. Limitation of City Liability
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 total due Contractor pursuant to paragraph "2"
above. 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 the total due Contractor pursuant to paragraph "2" above,
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 the total due Contractor pursuant to paragraph "2" above,
which amount shall be reduced by the amount actually paid bythe
Cityto Contractorpursuant to
this Agreement. Nothing contained
in this paragraph 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 Florida Statutes, Section 768. 28 .
7. Arbitration
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 uamages 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.
8. Agreement Not Assignable
This Agreement may not be assigned by City or Contractor
without the prior written consent of the other.
9. Other Employment
It is agreed that Mr. Morhaim will be able to participate
in other personal services agreements with any other agency or
individual which do not create any conflict of interest with his
work for the City of Miami Beach.
10. Reimbursement of Expenses
Direct expenses incurred by the Contractor shall be
approved in advance by the City. Reimbursable expenses shall
include, but shall not be limited to, airfare, lodging
accommodations, meals, auto travel at 0. 28/mile, long-distance
telephone, clerical and secretarial services, courier, postage,
fax, reprodution, printing and purchase of materials or services
directly necessitated by the assignment. Direct expenses, upon
City approval, shall be reimbursed at cost upon submission and
approval by the City of appropriate invoices and receipts.
2
11. Entire Agreement - Amendments
This Agreement contains the entire agreement between City
and Contractor and may not be altered, extended or amended except
by later written agreement signed by City and Contractor.
12. Termination
This Agreement may be terminated by either City or
Contractor upon thirty (3 0) days prior written notice to the other
party.
13. Enforcement
Exclusive venue for any legal action to enforce this
Agreement shall be in Dade County, Florida, with the prevailing
party receiving costs and reasonable attorney fees.
14. Severability
If any sentence, paragraph, subparagraph, clause, phrase
or provision of this Agreement shall be declared by a court of
competent jurisdiction to be invalid, the same shall not affect
this Agreement or any part thereof, other than the part so declared
invalid.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date stated above.
D I E MORHAIt4,!
,1 \1
/ \i(
CITY OF MqAMI BEACH
/- 7
By:
MAYOR
ATTEST:
CITY CLERK -T/1/52_
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FORM APPROVED
LEGAL DEPT.
•
By SaaAel, caned*
Date
6--l6
3
RESOLUTION NO. 92-20529
Authorizing the Mayor and City Clerk
to
execute an administrative service
agreement between Daniel Morhaim and the
City of Miami Beach for administrative
services to the Parking Department.
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