97-22476 RESO
RESOLUTION NO.
97-22476
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
EXTENSION OF THE PROFESSIONAL SERVICES AGREEMENT
FOR THE SERVICES OF THE CITY'S PROCESS SERVER,
ROBERT TAYLOR, FOR A PERIOD OF ONE YEAR,
COMMENCING ON JULY 18,1997, AND ENDING ON JULY 17,
1998
WHEREAS, the City Attorney's Office and the Finance Department have been successfully
using Robert Taylor's professional process server for four years which has resulted in an increase
in collection in resort tax revenues to the City; and
WHEREAS, on July 17,1996, the Mayor and City Commission adopted Resolution No. 96-
2060, approving a Professional Services Agreement (Agreement) to continue to retain process
server Robert Taylor for resort tax matters, up to and including a fee of $20,000 per year with an
option for renewal on a yearly basis; and
WHEREAS, the City Attorney's Office and the Administration would herein recommend that
the Mayor and City Commission renew the attached Agreement, for a term of one year, upon the
same terms and conditions set forth above.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein renew the
attached Professional Services Agreement to continue to retain the services of process server,
Robert Taylor, on a yearly basis, at a fee of up to $20,000.00 per year; said Agreement
commencing on July 18, 1997, and ending on July 17, 1998.
PASSED AND ADOPTED thi
day of
,1997.
ATTEST:
Ro LvJ fCM-~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECunON
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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. ~C}.,
TO:
Mayor Seymour Gelber and
Members of the City Commission
FROM: Murray Dubbin, City Attorney ^~~ ~
Jose Garcia-Pedrosa, City Man~g'er
DATE: July 16, 1997
SUBJECT: A RESOLUTION APPROVING THE EXTENSION OF THE PROFESSIONAL
SERVICES AGREEMENT FOR THE SERVICES OF THE CITY'S PROCESS
SERVER, ROBERT TAYLOR, FOR A PERIOD OF ONE YEAR, COMMENCING
ON JULY 18, 1997, AND ENDING ON JULY 17, 1998
Recommendation
Approve the resolution.
Contract Amount and Funding
$20,000.00. Funding is available from the Resort Tax Fund.
Background
It is in the best interest of the City to retain Robert Taylor in his present capacity as process server
for resort tax prosecutions. Prior to obtaining Robert Taylor's services, other process servers were
used. These process servers did not expend maximum effort to serve the defendants. Moreover,
when service was secured, returns were not provided timely. Often, the returns were incomplete.
The quality of overall service was poor and inconsistent. Thus, the City's ability to prosecute and
collect resort tax revenue was adversely impacted.
The City Attorney's Office and the Finance Department (Resort Tax) have been using the services
of process server, Robert Taylor, for four years. Mr. Taylor has been very successful in serving
hard to reach defendants. Mr. Taylor's successful service of process has allowed the City to
increase its collections and prosecutions in this area, which has resulted in an increased and
regular flow of revenue to the City. Therefore, the City Attorney's Office and the Administration
recommend that the Mayor and City Commission authorize the Mayor and City Clerk to continue
C1M
.
Agenda Item
Date
to retain the services of Robert Taylor for a fee up to $20,000.00 a year with an option to renew on
a yearly basis.
In light of the above, the City Attorney's Office and the Administration jointly recommend that the
Mayor and City Commission waive the competitive bidding requirements for process server, Robert
Taylor.
PDW/cp
F:IFINAI$DIRIWPWIN60\ 1997ICITYCOMMIPROCSVR. 97
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND ROBERT TAYLOR AS PROCESS SERVER
FOR THE CITY'S RESORT TAX COLLECTION PROSECUTIONS
THIS AGREEMENT made this 16th day of July ,1997 by and between the CITY
OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and Robert Taylor (Consultant).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Consultant.
City Manager:
"City Manager" means the Chief Administrative officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Fee:
Amount paid to the Consultant to allow for its costs and margin of profit.
Project
Coordinator:
An individual designated by the City to coordinate, direct and review on
behalf of the City all technical matters involved in the Scope of Work and
Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center Drive,
Third Floor, Miami Beach, Florida 33139.
Services:
All services, work and actions by the Consultant performed pursuant to or
undertaken under this Agreement described in Section 2.
Termination:
Termination of Consultant Services as provided in Section 4.8 of this
Agreement.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
2.1 SCOPE OF SERVICE
Robert Taylor, an appointed private process server, shall perform as the City's process
server in Resort Tax matters. The selection and assignment of cases shall be controlled by the
Resort Tax Department of the City of Miami Beach.
SECTION 3
COMPENSATION
3.1 FEE
Consultant shall be compensated for providing the Services as set forth in Section 2.1 as
follows: A fee of up to $20,000.00 per year; said fee based upon the service required for the
number of Resort Tax collection cases, as determined by the City's Resort Tax Department, but
in no event to exceed $20,000 per year of this Agreement.
4.1
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that degree
of skill, care, efficiency and diligence normally exercised by recognized professionals with respect
to the performance of comparable Services. In its performance of the Services, the Consultant
shall comply with all applicable laws and ordinances, including but not limited to applicable
regulations of the City, County, State, Federal Government, ADA, EEO Regulations and
Guidelines.
4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by
Consultant.
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4.3 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of one year from the date of its adoption
by Resolution of the Mayor and City Commission. The City may, at its sole option and discretion
renew the Agreement on a yearly basis, subject to the same terms and conditions set forth herein.
4.4 OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership by the
City. Any reuse shall be approved by the City.
4.5 INDEMNIFICATION
Subject to the limitation set forth in the proceeding section, Consultant agrees to indemnify
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,
errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-
consultants, or any other person or entity acting under Consultant's control, in connection with the
Consultant's performance of the Services pursuant to this Agreement; and to that extent, the
Consultant shall pay all such claims and losses and shall pay all such costs and judgements which
may issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys fees expended by the City in the defense of such claims and losses, including appeals.
The parties agree that one percent (1 %) of the total Compensation to the Consultant for
performance of this Agreement is the specific consideration from the City to the Consultant for the
Consultant's Indemnity Agreement.
The Consultant'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.
4.6 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all insurance
required under this Section has been obtained and such insurance has been approved by the City's
Risk Manager. The Consultant shall maintain and carry in full force during the term of this
3
Agreement and throughout the duration of this project the following insurance:
onsultant General Liability in the amount of $500
---~.~--
~ Manager prior to commencement. ~_____
Worl(9ri Comp8nsation & Eml'loyer3 LiC1uilily ~s required pursuant to t-Ionda statule. ~
~
copy of the
must be filed and approved by the
2.
3.
e~--rr
e
da s written notice of cancellation or substantial m
5.
~QID.paIly-:---
The insurance must be furnished by insurance companies authorized to do businesm the
St e of Florida and approved by the City's Risk Manager. -~
Origina rtificates of insurance for the above coverage must be s itted to the City'; 1 {
Risk Manager approval prior to any work commencing. Th e certificates will be kept
on file in the office 0 e Risk Manager, 3rd Floor, Cit
The Consultant is responsil:5 for obtaining and su itting all insurance certificates for their
consultants.
4.
6.
ompanies authorized to do business under the
ted no less than "B+" as to management
and not less than "Class VI" to strength by the late edition of Best's Insurance Guide,
any, Oldwick, New Jersey, or its eq . alent, subject to the approval
of the City's Risk Mager. Compliance with the foregoing require nts shall not relieve the
liabilities and obligations under this Section or under an ther portion of this
Agreeme ,and the City shall have the right to obtain from the Consultant specime
insw:a11'ce policies in the event that submitted certificates of insurance are inadequate to
compliance with required overage.
4.7.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.7.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any services
pursuant to this Agreement until the City has received and approved, in writing, certificates of
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TERMINATION. SUSPENSION AND SANCTIONS
Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant shall
fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or
stipulations material to this Agreement, the City shall thereupon have the right to terminate the
Services then remaining to be performed. Prior to exercising its option to terminate for cause, the
City shall notify the Consultant of its violation of the particular terms of this Agreement and shall
grant Consultant five (5) days to cure such default. If such default remains uncured after five (5)
days, the City, upon three (3) days' notice to Consultant, may terminate this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the
City may reasonably withhold payments to the Consultant for the purposes of set off until such time
as the exact amount of damages due the City from the Consultant is determined.
4.8.2 Termination for Convenience of City
The City may, for its convenience and without cause, terminate the Agreement at any time
by giving written notice to Consultant of such termination, which shall become effective three (3)
days following receipt by Consultant of the written termination notice. In that event, all finished or
unfinished documents and other materials as described in Section 2 shall be properly delivered to
the City. If the Agreement is terminated by the City as provided in this Section, the City shall
compensate the Consultant for all Services actually performed by the Consultant and reasonable
direct costs of Consultant for assembling and delivering to City all documents. Such payments
shall be the total extent of the City's liability to the Consultant upon a Termination as provided for
in this Section.
4.8.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event the Consultant is
placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of
creditors. In such event, the right and obligations for the parties shall be the same as provided for
in Section 4.8.2.
insurance showing that the requirements of this Section (in its entirety) have been met and
provided for.
4.8
4.8.1
5
4.8.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, the City shall impose such Sanctions as the City or the State of Florida may determine
to be appropriate, including but not limited to withholding of payments to the Consultant under the
Agreement until the Consultant complies and/or cancellation, termination or suspension of the
Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to
this Section the rights and obligations of the parties shall be the same as provided in Section 4.8.2.
4.8.5 Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorized
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time
of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement
which is affected by said Notice. The City shall not reimburse the Consultant for the cost of
preparing Agreement change documents, written Notices to Proceed, or other documentation in
this regard.
4.9 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.10 EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION
POLICY
In connection with the performance of this Agreement, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, religion, ancestry, sex,
age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take
affirmative action to ensure that applicants are employed and that employees are treated during
their employment without regard to their race, color, religion, ancestry, sex, age, national origin,
place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or termination; recruitment or
recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and
selection for training, including apprenticeship.
Consultant agrees to adhere to and be governed by all applicable requirements of the laws
listed below including, but not limited to, those provisions pertaining to employment, provision of
programs and services, transportation, communications, access to facilities, renovations, and new
construction.
6
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104
Stat 327, 42 D.S.C. 12101-12213 and 547 D.S.C. Sections 225 and 611
including Title I, Employment; Title II, Public Services; Title III, Public
Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 D.S.C. Section 794.
The Federal Transit Act, as amended: 49 D.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Consultant must complete and submit the City's Disability Non-Discrimination Affidavit
(Affidavit). In the event Consultant fails to execute the City's Affidavit, or is found to be in non-
compliance with the provisions of the Affidavit" the City may impose such sanctions as it may
determine to be appropriate, including but not limited to, withholding of payments to Consultant
under the Agreement until compliance and/or cancellation, termination or suspension of the
Agreement in whole or in part. In the event, the City cancels or terminates the Agreement pursuant
to this Section, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of Consultant's breach of the Agreement.
4.11 CONFLICT OF INTEREST
The Consultant 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 are incorporated by reference herein as if fully set forth herein, in connection with
the contract conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall knowingly be employed by the Consultant. No member of or
delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising therefrom.
4.12 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
7
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
4.13 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager appointed by Consultant and the Project Coordinator designated by the City. The
Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon
commencement of the Services.
All other notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Consultant and the City listed below or may be
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the
city of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT:
ROBERT TAYLOR
TO CITY:
Office of The City Manager
Attn: Jose Garcia-Pedrosa, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch,
on the day following the date mailed; and if mailed to an address outside the city of
dispatch on the seventh day following the date mailed.
8
4.14 LITIGATION JURISDICTION
Any litigation between the parties, arising of, or in connection with this Agreement, shall be
initiated in the court system of the State of Florida.
4.15 ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or written
with reference to the subject matter hereof that are not merged herein and superseded hereby.
The Scope of Services are hereby incorporated by reference into this Agreement to the extent that
the terms and conditions contained in the Scope of Services are consistent with the Agreement.
To the extent that any term in the Scope of Services is inconsistent with this Agreement, this
Agreement shall prevail.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City Commission of the
City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State of
Florida.
4.16 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the 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 $5,000.00.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of
$5,000.00.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of $5,000.00, 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 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 Section 768.28, Florida Statutes.
9
4.17 This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any terms and conditions herein,
exclusive venue for the enforcement of same shall lie in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
By:~b~r~
By /\o><<vt:4 ~':'J (,1e
Vice Mayor (
"
FOR CONSULTANT:
ATTEST:
ROBERT TAYLOR
~
By:
Witness
~ ~'4~
Corporate Seal:
F:\FINA \$DIR\WPWIN60\1997\CITYCOMMIPROCSVR.AGT
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
10
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