95-21694 Reso Resolution No. 95-21694
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES 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.
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 with Jorge Martinez, an independent
contractor, to provide assistance in dealing with this serious
graffiti problem (the Agreement) ; and
WHEREAS, the Agreement will be for a period of twelve (12)
months with an effective date of September 30, 1995, and a
termination date of September 29, 1996, for a total amount of
$31, 581; 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 RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve the attached Professional Services 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 13th day of e•tember, 1995 /
• (yor Seymour Gelber
ATTEST: FORM APPROVED
LEGAL D T
Ci lerk By
Date _ �S
•
CITY OF MIAMI - BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. L l5
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: September 13, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: EMPLOYMENT A EMENT BETWEEN THE CITY OF MIAMI BEACH
AND JORGE MARTINEZ FOR A PERIOD OF 13 MONTHS BEGINNING
SEPTEMBER 30, 1995, AND ENDING SEPTEMBER 29, 1996
ADMINISTRATION RECOMMENDATION:
The Administration recommends the Mayor and City Commission approve to extend the Contractual
Agreement between Jorge Martinez and the City of Miami Beach to maintain the coordination of
the City's Anti-Graffiti Program.
BACKGROUND:
The City of Miami Beach has been faced in recent years with an increasing number of graffiti
incidents to City property throughout the entire City. While the Police Department responds to
specific complaints, files reports and enforces the law prohibiting defacing of private and pubic
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 Coordinator to
assess specific needs, conduct surveys, meet with property owners, attend Court Hearings and
respond to those needs as required by the Administration.
ANALYSIS:
The independent contractor has been involved in the coordination and implementation of the City's
Anti-Graffiti Program for the past 18 months; using City resources and a volunteer force. He will
continue to respond to all incidents of graffiti, conduct fact findings, coordinate with the Police
Department and a Court Referral Program that will provide ongoing court ordered individuals in
need of completing Community Service time as a means of keeping the City property graffiti free.
The terms of this agreement are the same as the existing agreement with the exception of a 10%
increase in compensation for a total of$2,420 per month; from the existing $2,200.00. The City
agrees to pay for one-half of the Social Security Payment to the Federal Government.
JGP:JP:blbm
Attachments
•
AGENDA ITEM C -1 '70
DATE 'it 3 'g�
AGREEMENT
This Agreement is entered into between Mr. Jorge Martinez
(Contractor) and the City of Miami Beach (City) , for a period of
12 months, with an effective starting date of September 30, 1995,
and a termination date of September 29, 1996.
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 regarding the results of the Anti-Graffiti Program.
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.
Twenty-six point one (26. 1) payments will be made in the
amount of $1, 210 bi-weekly for up to 12 months. Payment will be
made every two (2) weeks. This Contract will be in effect for a
period of 52 weeks, for a total amount of $31, 581 .
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
for up to one-half of the total Social Security Payment to the
Federal Government. Contractor will have access to a City
vehicle throughout the term of this 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 other party of 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 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.
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 $31, 581 . 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 $31, 581 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 $31, 581, 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 terms of this Agreement shall be sent
to the following:
CONTRACTOR: JORGE MARTINEZ
900 WEST AVENUE
MIAMI BEACH, FLORIDA 33139
CITY: CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
WITH COPIES TO:
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 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.
CITY OF MIAMI BEACH
A Florida Municipal Corporation
4 le ,
City Clerk -yor, •' ber
Gi2J
Witness o nez
C
Wi tness
JP:Agreement.JM FORM APPROVED
LE AL EP .
By il
L dte /Ps