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
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CITY CLERK
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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.
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AGENDA R-"7-A
ITEM
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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.
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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
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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
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Witness C• •raft° Jorge Ma•tinez
Witness
APPROVED AS i O FORM:
City Attorney
DATE: /
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