RESOLUTION 93-20787 RESOLUTION NO. 93-20787
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SIX (6) MONTH ADMINISTRATIVE
SERVICES AGREEMENT BETWEEN PAULA BERLINSKY AND
THE CITY OF MIAMI BEACH FOR THE CUMULATIVE
AMOUNT OF $12,500, OR $2 ,083 MONTHLY, FOR
SUPERVISORY SERVICES IN THE HEALTH AND
WELLNESS AREAS TO THE CITY OF MIAMI BEACH
POLICE DEPARTMENT.
WHEREAS, the Mayor and City Commission have reviewed the
attached Agreement between Paula Berlinsky and the City of Miami
Beach; and
WHEREAS, Mrs. Berlinsky has agreed to provide supervisory
services in the Health and Wellness Areas to the City of Miami
Beach Police Department; and
WHEREAS, City Administration has agreed to compensate Mrs.
Berlinsky at the rate of $2 , 083 . 00 per month for six (6) months,
effective April 4 , 1993 through September 30, 1993 ; and
WHEREAS, funding for this position is available in the
Confiscation Trust Fund; and
WHEREAS, the City Administration has recommended execution of
the Agreement, and the City Attorney has approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Clerk be authorized to execute the Agreement attached hereto
as Exhibit "A" between Paula Berlinsky and the City of Miami Beach
for supervisory services in the Health and Wellness Areas to the
City of Miami Beach Police Department.
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PASSED and ADOPTED this 5th day if May , 1993 .
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FORM APPROVD
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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. D33-93
TO: Mayor Seymour Gelber and DATE: May 5, 1993
Members of the City Commission
FROM: Roger M. Ca
City Manager
SUBJECT:
ADMINISTRATIVE SERVICES AGREEMENT FOR PAULA BERLINSKY
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Clerk execute
the attached Administrative Services Agreement with Paula Berlinsky
for the cumulative sum of $12,500 for six (6) months ($2,083
monthly) , beginning April 4, 1993 and ending September 30, 1993 .
Mrs. Berlinsky's Agreement from 10/1/92 through 3/30/93 was
approved pursuant to Resolution 92-20641.
BACKGROUND:
Mrs. Berlinsky has a Bachelor and Master's degree in the field of
Leisure Services with an emphasis on Corporate Fitness. She has
worked in fitness and wellness programs for Ryder and The
Fountainbleau Spa. She then opened her own private personal
training center. For the past year and a half, she has been the
Fitness Coordinator for the Miami Beach Police Department. Mrs.
Berlinsky's background and experience has made her a valuable asset
in this position. She has had the responsibility of addressing the
unique physical requirements of the police force and has initiated
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numerousP rograms; among them programs for hypertension, obesity,
stress management, cholesterol checks, and nutritional counseling.
It was her leadership efforts and initiative that made these
programs possible.
Due to the thoroughness of her programs, Mrs. Berlinsky has
discovered health problems (some serious) among the officers and
has saved the City many thousands of dollars in health costs due to
the preventative nature of her programs.
ANALYSIS:
Funding for Mrs. Berlinsky' s services is provided from the
Confiscations Account, without negative impact on the City Budget.
Mrs. Berlinsky is an independent contractor receiving no employee
benefits such as overtime, platoon level time or any other fringe
benefit. Her present salary of $2 , 083 a month is well below the
salary of a Police Sergeant and is a savings to the City.
Her integrity and trustworthiness has been well-known throughout
the organization, and her dealings with all personnel has always
been considered very professional.
a:le9 al\berlin.cm) 69
AGENDA
ITEM
DATE 5-S- S
AGREEMENT
THIS AGREEMENT, made this i2-# day of I41Ui) , 1993 ,
by and between the City of Miami Beach, a Florida municipal
corporation (hereinafter referred to as "City") and Paula
Berlinsky, an independent contractor (hereinafter referred to as
"Contractor") , for a term of six (6) months with an effective
starting date of April 4 , 1993 and a termination date of September
30, 1993 . This Agreement may continue on a month to month basis
for a period not to exceed a twelve (12) month additional period
from the termination date.
This Agreement is for the purpose of providing supervisory
services in the Health and Wellness Areas to the City of Miami
Beach Police Department.
The total compensation to Contractor for the term of this
Agreement shall be the sum of $12 , 500 . Contractor shall be paid
such sum in the amount of $961. 54 bi-weekly. This emolument will
be based on a maximum 40-hour work week. Hours worked over 40 per
week will not be compensated. In the event Contractor does not
work a 40-hour weekly increment within a one week period, $12 . 01
per hour will be deducted from the bi-weekly allocation. Payment
will be made on a bi-weekly basis, as set forth above, to coincide
with the City of Miami Beach pay schedule.
For the purpose of this Agreement, Paula Berlinsky
(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, she shall not be deemed
entitled to Florida Workmen' s Compensation benefits as an employee
of the City or accumulations of sick or annual leave.
There will be no expenses paid to Contractor in addition to
her monthly emolument, unless these expenses are incurred in direct
relationship to this Agreement in which case all such expenses will
be fully reimbursed as approved in writing by the Department
Director.
It is the intention of this Agreement that Contractor work a
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full 40-hour week. However, at her discretion, and with the prior
written approval of the Department Director, she may determine the
appropriate working hours.
The parties herein agree that Contractor will be able to
participate in other personal services agreements with any agency
or individual which does not create any direct, indirect or
inferred conflict of interest with the City of Miami Beach.
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 her 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 her
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 and hold harmless, the City,
the Miami Beach Police Department, and their 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 aamage 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 her
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, Miami Beach Police Department
and their 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,
Miami Beach Police Department and their officers, employees and
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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 allmatters 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 $12 , 500. 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 $12 , 500, 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 $12 , 500 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
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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 e a waiver of
the limitation placed upon City' s liability as set forth in Florida
Statutes Section 768 . 28 .
All notices under the term of this Agreement shall be sent to
the following:
CONTRACTOR: PAULA BERLINSKY
567 N. E. 96TH STREET
MIAMI SHORES, FL 33138
CITY: CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
WITH COPIES TO:
MIAMI BEACH POLICE DEPARTMENT
1100 WASHINGTON AVENUE
MIAMI BEACH, FL 33139
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
7-
CIT OF MIAMI i:EA0H, a Florida
municipal corp. a •ion
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CITY CLERK 31413
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By Jf
PAULA BERLINSKY, CONTRACTOR
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FORM APPROVL
LEGAL DEPT.
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Date s
4
UKIUINAL
RESOLUTION NO. 93-20787
Authorizing the Mayor and City Clerk to
execute a six (6) month administrative
services agreement between Paula BErlinsky
and the City of Miami Beach for the
cumulative amount of $12,500, or $2,083
monthly, for supervisory services in the
health and wellness areas to the City of
Miami Beach Police Department.
OF