93-20857 Reso
RESOLUTION NO.
93-20857
A RESOLUTION OF THE MAYOR AND CITY COMMISSIO~ 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 JACK LUBIN FOR THE PURPOSE OF
PROVIDING ASSISTANCE TO THE CITY IN CONNECTION WITH THE
PRIORITY ISSUES FOR FISCAL YEAR 1993/94 AND OTHER
PROJECTS TO BE INITIATED BY THE CITY ADMINISTRATION.
WHEREAS, the City of Miami Beach presented the priority issues
for Fiscal Year 1993/94 and same were so approved by the City
Commission on July 28, 1993; and
WHEREAS, the City is desirous of entering into the attached
Professional Services Agreement (Agreement) with Jack Lubin to
provide assistance for the development of the priority issues of
Fiscal Year 1993/94; and
WHEREAS, said Agreement between the City and Jack Lubin would
be for a period of six (6) months with an effective starting date
of August 15, 1993, and a termination date of March 14, 1994, in
the total amount of $35,000.
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 28th day of July , 1993.
~~
ATTEST:
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CITY CLERK
RJA: jm
FORM APPROVED
I LEGAL DEPT.
By Tc. 5)
c:\wp51\data\lubin.res
Date
1- ?. 3-'13
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. 1/1-13
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: July 28, 1993
FROM:
Roger M. Carlt~ J I.. tJ A
City Managercvw~
SUBJECT:
PROPBSSIONAL SERVICB AGRBBMBRT WITH JACK LUBIN
ADMINISTRATION RBCOMKENDATION:
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.
BACKGROUND:
An agreement between the City of Miami Beach and Mr. Jack Lubin has
been negotiated for a period of six (6) months with an effective
starting date of August 15, '1993, and a termination date of March
14, 1994.
This Agreement is for the purpose of providing the City Manager
with assistance in the analysis of priority issues for fiscal year
1993/94. Mr. Lubin will be involved in projects such as: .
Public safety - Review needs of the City relating to Police and
Fire Rescue Services.
North Beach - Determine improvements required to address the
current problems in the North Beach area relating to crime,
building code violations and overall deterioration of
neighborhoods. Work with the North Beach Development corporations'
Executive Director regarding various cooperative projects with the
City of Miami Beach.
Clean City - Review the current program to clean up the City.
Review includes public education and communication. Improvements
to City ordinances relating to violations and fines.
Special Taxing Districts - Meetings with North Beach concerning
development of a special taxing districts and meetings with South
Beach groups concerning operations of a special taxing district.
Normandy Isle - Meeting with community groups concerning placement
of gates and guard houses.
General Services Administration - Review of the General Services
Administration Fleet Management operations.
Mr. Lubins' compensation will be in the amount of $35,000 for the
six (6) month period. This emolument will be based on a minimum
40-hour work week and no fringe benefits will be paid.
CONCLUSION:
The City Administration recommends that the City Commission of the
City of Miami Beach approve the attached resolution authorizing 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. AGI~~~~ -1- G
RMC:MDB:ah
Attachment
DATE
1-2'6-.93
61
E){PERIENCE:
rM3 CORPORATION
1990~resent
1 9R1-pn~sent
1981-present
1980-1981
KESUl.1E
P~3- ?/fO
Jacl( IJJbiu
2151 S.w. 87th court
Miami, Florida 33265
President of NPC rsasing
corporation. NPC Leasing 1s l::Vl
affiliated ~ny of ~, and
one of the largest leasing
corrpanles in t.he United States,
with a fleet of over 12~OOO
vehicles.
Vice president of Purchasin9,
construction, Inventory control
and suildinq services of OWG
())Iporation and all affiliated
companies (approximatelY 200).
Vice president of purehasing
And construction, southeastem
PUblic service company.
Director of purchasing,
Southoasl:@rn publ i.~ F.ervice
(;Qq?any.
FLCRlDA PGiEll J\ND LIGllT c:oMPMY
1973-1980
supervieot of ~rojects
(Purchasing). Responsible for
the pur Clhacin9 of all maj(\r
e~ipment and parts requir~j
for the conatluotlon and
l.~lement:.ation of 011 the pcMet
plante, bo~h FOssll and
NUclear. Also responsible for
~ll contracts for required
subcontracting. supervised
group uf 3S profe&sionala.
'l1118 group was '4Iritten up in
the wall st[~et Journal for
having brought on line t:he
nrst an~ ooly tlolt:lear pOWer
Plant withln budget and ahead
of sche~ule.
FI9)l
62
JACK LUBIN
RESUME
PAGE 2
os DEPARTMENt OF COMMERCE NATIONAL OCEANIC AND A'lMOSPHERIC
AGENCY
1950-1980
Chief Navigator and Personnel
Officer. In addition~ did
research and development for
the U.S. Department of
Transportation (FAA) including
two Published papers on Doppler
Navigation and O1lega
Navigation. WOrked on the
development of Inertial
Navigation Systems and other
types of electronic
instrumentation.
UNITED STATES AIR FORCE
1959-1976
was in the Active Air FOrce
!leserve on f lying status.
Attained the rank of Lieutenant
COlonel in 1913. Last
assignment was Squadron
conrnander at Homestead Air
FOrce Base, Florida
1954-1959
Active
school.
Navigator
officer.
DUty including flying
Earned wings as a
and Electronics
EDUCATION:
tl'1dergraduate:
PUblic AdHdnistration 1954.
Uni ver s1 ty of rlor lda. SA in
Graduate:
prograrrrning.
University of Miami. C))~t.er
Miami Dade conmmity COllege.
courses 1n Business
Administration leading to MBA.
JACI< UJBIN
RESUME
. PAGE 3
63
POBLIC SERVICE:
1988-1989
Beach Chamber of Corrmerce
1987-1989
Israelite center f
1981-1986 ,
Beach Chamber of COII'INIrce
1982-19B4
1982
Recreation committee
1969-1981
1964-1966
'1'e1t1?le OC Olan
AWards:
197B
1972
1969
Boaed of Governors Miami
Executive V.P. - ~mp1e zion
Board of Governors Miami
C1 ty '.,.,lager of Miami Beach
Transport:ation COIlInittee
Dade County Transportation
Committee creation and
Development of Metro Rail
ContribUted articles \:0
SCience Journals
Member of Mayor's Financial
Advisory council, Miami Beach
City of Miami Beach park and
President - Te~1e Or C10m
president Brotherhood of
Named Man of the Year;
'!he Wall Street Journal
Recipient of superior
Achievement: Award; U.S.
Department of CCJ1l1\8rce
outstanding Achievement
Award, U. S. Department of
Connerce
64
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, an independent contractor (hereinafter
referred to as "Contractor"), for a term of six (6) months with an
effective starting date of August 15, 1993 and a termination date
of March 14, 1994.
This Agreement is for the purpose of providing 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 $35,000.00. Payment to Contractor
shall be made on a monthly installment basis and shall be based
upon Contractor's working a minimum average of forty hour work
weeks throughout the term of this Agreement, provided however, that
Contractor shall not be required to meet this minimum 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.
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
the 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 Consultant 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 DWG 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 DWG 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 (30)
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.
Contractor agrees to indemnify, defend and hold harmless, the City
2
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 Beac~ 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 wi th 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
3
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 $35,000.00.
contractor hereby expresses its
will ingness 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 $35,000.00 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 $35,000.00 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 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
4
Wherefore, the parties hereby execute this Agreement on this
L day of ~ ,1993.
CITY OF MIAMI BEACH, a Florida
municipal orpo at ion
By
MARTIN SHAPIRO,
ATTEST:
~~~ ~r~
CITY CLERK 8/q/~3
BYU~
(!fCK L , CONTRACTOR
jm:c:\wp51\data\Lubin.agr)
FORM APPROVED
LEGAL DEPT.
.".-~.~
By ~ c")
Date l ~ 2.b~~ ~
5