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HomeMy WebLinkAboutR-77-0932RFC/rb 12/6/77 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FAUSTO GOMEZ, FOR HIS PROFESSIONAL SERVICES, AS ADMINISTRATIVE ASSISTANT TO THE MAYOR, FOR THE PERIOD FROM JA: UARY 1, 1978 THROUGH DECEMBER 31, 1978, SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED CONTRACT; WITH FUNDS THEREFOR I N • THE AMOUNT OF $ ALLOCATED FROM CODE 1190 "OFFICE OF THE MAYOR" OF TIIF 1977-78 FISCAL YEAR BUDGET, UPON ITS ADOPTION. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF t iIAMI, FLORIDA: Section 1. The City Manager is hereby authorized 0 enter into an agreement with FAUSTO GOMEZ, for his profes- sional services, as Administrative Assistant to the Mayor, for the period from January 1, 1978 through December 31, 1978, subject to the terms and conditions contained in the contract, attached hereto and made a part hereof, with $ hereby allocated from Code 1190 "Office of the Mayor" of the 1977-78 Fiscal Year Budget, upon its adoption. PASSED AND ADOPTED this 15 day of DECEMBER 1977 . MAURICE A. FERRE MAURICE A. FERRE, '1 A Y 0 R ATTEST: (7, c.:l.. (_ _ ✓ C- . �. RALI 1 G. NGIE, CITY CLERK 6/ PREPARED AND APPROVED BY: ROBERT 1' CLERK, ASSISTANT CITY ATTORNEY A P 1,:-R 6 V I? jl) AS TO FORM AND' L'rt3R E C T N E S S: GEORG!' . KNOX, JR. , CITY ATT/JRNEY "DOCUMENT, INDEX ITEM NO .. "SUPPORTIVE DOCUMENTS LL OW" CITY COMMISSION MEETING OF DEC ,1977 THIS AGREEMENT is made and entered into this day of , 1976, by and between the CITY OF MIAMI, Florida, (hereinafter referred to as the "CITY"), and FAU'STO GO:1EZ, (here- inafter referred to as the "ASSISTANT TO THE MAYOR"). IN C0NSIDERATION of the mutual covenants and agreements here- inafter set forth, the parties hereto covenant and agree as follows: I. T E RM The term of this Agreement for the services of the ASSISTANT TO THE MAYOR shall be for a period of one (1) year commencing January 1, 1978, and terminating on December 31, 1978, subject to the right of either party hereto to cancel this contract upon giving thirty (30) days prior written notice. I I . COMPENSATION A. The ASSISTANT TO THE MAYOR shall receive compensation for his services at the rate of $14,000 per year, payable in equal bi- weekly installments. Said amount shall constitute full compensation to be paid the ASSISTANT for the professional services and work product stated herein; however,it is agreed that deductions for Social Security Membership will be matched by the CITY; and it is further agreed that the CITY will deduct applicable Federal With- holding Taxes. B. In the event either party cancels this Agreement, the compensation shall be paid only to the effective date of cancellation. C. The ASSISTANT is entitled to he paid sick leave not to exceed a total of thirty (30) days during the period of this Agreement. D. The ASSISTANT TO THE MAYOR shall be entitled to two (2) weeks vacation from the duties prescribed in this Agreement and shall be paid according to the regular biweekly payment of compensation during such vacation period. 110 1 D r \ f-r" ,1 t�J! , ✓t I r ' f? ,,L.,,J, '.i .' n r 1 j�1� FOLLY vv'' E. The ASSISTANT TO THE MAYOR shall be deemed to be an indep- endent contractor and not :in agent or employee of the CITY, :and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees, except he may he provided health insurance under the CITY'S policy'; further he shall not he deemed to be entitled to Florida workmen's Compensation benefits as an employee of the CITY; the CITY shall exercise no control over the manner or means whereby the services of the ASSISTANT TO THE MAYOR are performed, except (1) as to the ultimate accomplishment of the objective as herein set forth; and (2) he shall devote his entire time and attention to such duties, and shall not engage in any other business, profession, or commercial activity. III. PERFORMANCE The ASSISTANT'S professional services and work product shall consist of the following: A. Receive on behalf of the Mayor inquiries or complaints from private citizens; B. Prepare at the request of the Mayor, letters, memoranda, or other documents as may be required by the Mayor. If the Mayor desires, these may be prepared for the Mayor's signature. In the event the Mayor requests the ADMINISTRATIVE ASSISTANT to affix his signature to any letter or document, the ADMINISTRATIVE ASSISTANT will indicate that he has affixed the Mayor's signature by placing his initials beside the signature of the Mayor that he has affixed to the letter or document; C. Represent the Mayor at public meetings only when requested to do so by the Mayor. In such case, when the ASSISTANT is represen- ting the Mayor at any public meeting, the ASSISTANT shall make no representation of any kind whatsoever which could be considered by any person or other official at the public meeting to obligate the CITY in any fashion; L , •_p iS OW" D. Make necessary arrangements for the Mayor involving appointments; E. Perform such other duties which may be specifically requested by the Mayor. IV. CONDITIONS A, The ASSISTANT TO THE MAYOR shall have no authority or control over any officer, employee or department of the City of Miami. B. The ASSISTANT TO THE MAYOR shall not enter into any written contracts, documents or legal instruments or make any oral represen- tations that bind or obligate the City of Miami. C. All State and County laws and those provisions regarding conflict of interest in Section 4(c) of the Charter of the City of Miami, Florida, and the provisions of the conflict of interest ordinance of the City of Miami are applicable to the ADMINISTRATIVE ASSISTANT and he shall be bound by these provisions. D. In the event of cancellation of this contract by either party hereto, the aforementioned thirty (30) day notice of such cancellation shall be given in writing addressed to the other party as follows: City Manager, Joseph R. Grassie City of Miami, City Ha 3500 Pan American Drive Miami, Florida or Fausto Gomez 303 Northwest 43rd Avenue Miami, Florida 33126 "SUPPORTIVE DOCUMENTS FOLLOW„ 7• 7 9 3 2 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names by the persons thereunto legally qualified and authorized, all as of the day and year first above written. ATTEST: CITY CLERK WITNESS WITNESS PREPARED AND APPROVED BY: Cit.( JUDITH E. HOLLANtiDER ASSISTANT CITY ATTORNEY 4 CITY OF MIAMI, a municipal corporation of the State of Florida By APPROVES TO FORM AND CORRECTNESS: GLfbRuE F . KNOX JR. , CITY ATTORNEY . CITY MANAGER FAUSTO GOMEZ