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Resolution 94-21037 RESOLUTION NO. 94-21037 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXTEND THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JACK LUBIN FOR THE PURPOSE OF• PROVIDING ASSISTANCE TO THE CITY IN CONNECTION WITH THE PRIORITY ISSUES FOR FISCAL YEAR 1994 AND OTHER PROJECTS TO BE INITIATED BY THE CITY ADMINISTRATION. WHEREAS, the City of Miami Beach presented the priority issues for Fiscal Year 1994 and some were so approved by the City Commission on July 28, 1993; and WHEREAS, said Agreement between the City and Jack Lubin would be for a period of seven and one-half (7-1/2) months with a starting date of February 16, 1994, and a termination date of September 30, 1994, in the total amount of $43,750. ' NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission of the City of Miami Beach, Florida, that the City approve the attached Agreement between the City of Miami Beach and Jack Lubin, an independent contractor, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. PASSED AND ADOPTED this 2nd da; of Februar , 1994. r or MAYOR ATTEST: 0/// VLOA,A0 ci2a-vcrv _ CITY CLERK FORM APP' VED LEGA,T. Date ...421444, • '( • • 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. • TO: Mayor Seymour Gelber and - DATE: February 2, 1994 Members of the City Commission FROM: Roger M. City Manager • SUBJECT: EXTENSION OF PROFESSIONAL SERVICE AGREEMENT WITH JACK LUBIN. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission of the City of Miami Beach approve the attached resolution authorizing the extension of the Agreement between the City of Miami Beach and Jack Lubin, and authorizing the Mayor and City Clerk to execute the Agreement on 'behalf of the City of Miami Beach. BACKGROUND: The agreement between the City of Miami Beach and Mr. Jack Lubin should be extended for a period of seven and one-half (7I) months with an effective starting date of - February 16, 1994, through September 30, 1994. This will be an extension of the original contract to the end of this fiscal year. This Agreement is a continuance of the contract that. we have had with Mr. Lubin, in which he has been providing the Administration with assistance in a variety of projects including: Coordination - He has provided the coordination to finish the parking lot on 117th Street that was vitally needed for the Christmas holidays and for the major events taking place during the winter season. Public Safety - He has been involved in the implementation of the Community Policing Program in North Beach. He has been involved in the Police sub-station for North Beach. Normandy Isle - The North Shore Safe Neighborhood Plan, including the writing, implementation, budgeting, meetings with homeowners, receiving state approval, etc. , a primary project assigned to Kaslyn Mohamed and assisted by Mr. Lubin. Charter Revision - Prior to the last election, Mr. Lubin attended numerous public meetings explaining the new charter. He was very effective in explaining the complex document to citizens groups. 4 AGENDA. ITEM I DATE a— I L, COMMISSION MEMORANDUM PAGE TWO FEBRUARY 2, 1994 North Beach - He has coordinated the painting of the 63rd Street flyover, insuring the citizens in the area and all interested City committees were informed. He has worked very closely with the president, Board of Directors and the executive director of the North Beach Development Corporation coordinating the City's efforts with the needs and plans of the North Beach.area. This includes the forthcoming Master Plan which is being developed at this time. Special Projects - Mr. Lubin has been supportive of special events, such as Art Deco Weekend, to insure that the efforts of the City were accomplished in a timely, successful fashion. • Because of his experience, Mr. Lubin is involved in the implementation of a new fueling program for City vehicles that will save the City thousands of dollars. He has been involved on Selection Committees for architectural services for the new garages, as well• as the major repair of existing facilities. Current Projects - Mr. Lubin is currently involved in the rebuilding of the 47th Street bridge as well as the Kimley Horne streetscape program for the North Beach area. Mr. Lubin is involved in the parking lot at Michigan Avenue and Flamingo Park and the landscaping of Michigan Avenue in the area around Flamingo Park. Mr. Lubin is supporting Assistant City Manager Mayra Diaz- • Buttacavoli and Commissioner Susan Gottlieb's effort to bring an additional supermarket(s) chain to Miami Beach. In the six months that he has been here, Mr. Lubin has demonstrated his ability to be of great assistance in tasks that he has been assigned. His support is necessary to complete these projects. Mr. Lubin's compensation will be on the same monthly basis as his previous contract. A recommendation regarding permanent employment will be reached as part of the Fiscal Year 1994/95 Budget process. CONCLUSION: The City Administration recommends that the City Commission of the . City of Miami Beach approve the attached resolution authorizing the extension of the Agreement between the City of Miami Beach and Jack Lubin, and authorizing the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. • 5 AGREEMENT THIS AGREEMENT, is made by and between the City of Miami Beach, a Florida municipal corporation (hereinafter referred to as "City") and Jack Lubin, and independent contractor (hereinafter referred to as "Contractor") , for a term of Seven and one half (7- 1/2) months with an effective starting date of February 16, 1994 and a termination date of September 30, 1994. This Agreement is for the purpose of providing continuing assistance to the City, through consideration with the Office of the City Manager, with regard to consultation services as to any priority issues for Fiscal Year 1993/94, such priority issues as to be defined by the Mayor and City Commission and recommendations thereto from the City Administration. The total compensation to Contractor for the term of this Agreement shall be the sum of $43,750. 00 and in addition, the City will contribute a social security match not to exceed $1400 and hospitalization payments not to exceed $700.00. Payment to Contractor shall be made on a monthly installment basis and shall be based upon Contractor's working an average of forty hour work weeks throughout the term of this Agreement, provided however, that Contractor shall not be required to meet this requirement during any week in which there are recognized City-wide holidays. Additionally, Contractor may be required to work additional hours at the request of the Mayor and City Commission. Payment shall be made on the first business day of each month for the period covering work over the previous month. The contractor shall be authorized two (2) weeks vacation during the period of the contract. 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 Services or Pension Ordinance of the city, or any rights generally afforded classified or unclassified employees. Furthermore, he shall not be deemed entitled to Florida Workmen's Compensation benefits as an employee of the City or accumulation of sick or annual leave. There will be no expenses paid to Contractor in addition to aforestated emolument, unless these expenses are incurred in direct relationship to this Agreement for expenses and travel outside of Dade County, in which case all such expenses will be fully reimbursed as approved in writing by the Mayor and City Commission of the City of Miami Beach. The Contractor agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance No. 72-82, as amended, and by the City of Miami Beach Charter and Code which is incorporated by reference herein as if fully set forth herein, in connection with the terms of this Agreement. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct nor indirectly, which should conflict in any manner or degree with the performance of the services to be provided hereunder. The parties herein agree that Contractor will not be able to participate in other personal services agreements with any agency or individual which would create any direct, indirect or inferred conflict of interest with the City of Miami Beach during the term of this Agreement. Contractor represents herein that he is currently a party to a consultant agreement with TRIARC Corporation and further agrees that if any direct, indirect or inferred conflict of interest with the City of Miami Beach arises as a result of said agreement, he will immediately notify the City of same and either terminate said prior agreement with TRIARC Corporation or the Agreement herein. It is further agreed that this Agreement may be altered, extended and amended only upon the written consent of both parties. Contractor shall not assign, transfer or subcontract his rights and obligations under this Agreement. This Agreement may be terminated without cause for the convenience of either party at any time upon furnishing thirty (3 0) days' written notice to the other party. In the event of 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. 7 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, attorneys' 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 omission 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. The City shall agree to indemnify, defend and hold harmless the contractor from all non-negligent actions taken as part of the scope of services under this Agreement. 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 $45,850.00. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City of any damage action for breach of contract to be limited to a maximum amount of $45,850.00 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 $45,850. 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 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: JACK LUBIN 2151 S.W. 87th Court Miami, FL 33265 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 , - Wherefore, the partieshereby execute this Agreement on this P-,r ' day of 7ExJ�ir(AS A , 1994. CITY �,. MIAMI BEACH, - F orfda mun • • • . 1 corporati. / / B• i L ,F'YOR SE'OUR GELBER AT CIT K-010.AA- Y CLERK By . d&NTRACTOR JACK 6)1 C:Ilubincon.trk FORM APPROVED LEGAL DEPT. By ..1 C,S, Date z--11_sM I