93-20947 Reso •
RESOLUTION NO. 93-20947
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
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 BERNARD
STEIN FOR THE PURPOSE OF PROVIDING TRAINING
FOR CENTRAL STORES WAREHOUSE PERSONNEL
WHEREAS, Bernard Stein retired from the City of Miami Beach
effective October 1, 1993, after more than nineteen years of
service; and
WHEREAS, the City is desirous of entering into the attached
Professional Services Agreement with Bernard Stein to provide
assistance in the training of Central Stores Warehouse personnel;
and
WHEREAS, said Agreement between the City and Bernard Stein
would be for a period of two (2) months, on a part-time basis, with
an effective starting date of October 27, 1993, and a termination
date of December 17, 1993, in the total amount of $3,840.
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
Bernard Stein, an independent contractor, and authorize the Mayor
and City Clerk to execute the Agreemen on behalf of the City of
, J Miami Beach.
PASSED AND ADOPTED this 20th • day of October , 199;, .
‘rrYOR
ATTEST
L(*ZedLCLAA--
CITY CLERK
MDB:jf
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FORM APPROVED
LEGAL DEPT.
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By
Date
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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. .5 -q3
TO: Mayor Seymour Gelber and DATE: October 20, 1993
Members of the City Commission
FROM: Roger M. Cant if
City Manager
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PROFESSIONAL SERVICE AGREEMENT WITH BERNARD STEIN •
SUBJECT:
ADMINISTRATION RECOMMENDATION:
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. Bernard Stein has
been negotiated for a period of two (2) months••with an effective
starting date of October 27, 1993, and a termination date of December
17, 1993.
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This Agreement is for the purpose of providing training of personnel
and supervisory services at the Central Stores Warehouse until the
position of Warehouse Supervisor is filled.
Mr. Stein will be working three days per week (Wednesday, Thursday, and
Friday) , and compensation will be in the amount of $3,840 for the two
(2) month period. This emolument will be based on a 24-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 Bernard Stein, and
authorizing the Mayor and City Clerk to execute the Agreement on behalf
of the City of Miami Beach.
• RMC:MDB:jf
Attachment
169
AGENDA R-`�
ITEM
- DATE I 0 ;7P `i3
AGREEMENT
THIS AGREEMENT, made this 20th day of October , 1993,
by and between the City of Miami Beach, a Florida municipal
corporation (hereinafter referred to as "City") and Bernard M.
Stein, an independent contractor (hereinafter referred to as
"Contractor") , for a term of approximately two (2) months with an
effective starting date of October 27, 1993 and a termination date
of December 17, 1993.
This Agreement is for the purpose of providing supervisory and
training services to the City of Miami Beach Central Stores
Warehouse under the General Services Administration (GSA)
Department.
The total compensation to Contractor for the term of this
Agreement shall be the sum of $3,840. Contractor shall be paid
such sum in the amount of $960.00 bi-weekly. This emolument will
be based on a maximum 24-hour work week, such hours to be worked on
Wednesday, Thursday and Friday. Hours worked over 24 per week will
not be compensated. In the event Contractor does not work a 24-
hour weekly increment within a one week period, $20. 00 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, Bernard M. Stein
(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 accumulations of sick or annual leave.
There will be no expenses paid to Contractor in addition to
his 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 City Manager or
his designee.
It is the intention of this Agreement that Contractor work a
full 24-hour week. However, at his discretion, and with the prior
written approval of the City Manager or his designee, he may
determine the appropriate working hours.
The parties 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 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 ten (10)
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 and hold harmless, the City,
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 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
employees and agents. The parties each agree to give the other
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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 $3,840. 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 $3,840, 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 $3,840
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
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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: BERNARD M. STEIN
12902 S.W. 112 PLACE
MIAMI, FL 33176
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
CITY ' MIAMI BEACH , a Florida
muni•ip41 corporate•
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ATTEST:
CITY CLERK
bkBy �J1 Il
BERNARD . STEIN, CONTRACTOR
A:\STEIN.AGRV/14
FORM APPROVED
LEGAL DEPT.
By `CGS
Date M "`- C3
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