HomeMy WebLinkAboutR-98-0561J-98-596
5/29/98
RESOLUTION NO. " 8 " 6 `'
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE FLORIDA INSTITUTE OF GOVERNMENT AT
FLORIDA INTERNATIONAL UNIVERSITY, TO PROVIDE
CITYWIDE EMPLOYEE TRAINING AND LEADERSHIP
DEVELOPMENT FOR THE DEPARTMENT OF HUMAN RESOURCES,
ON A CONTRACTUAL BASIS FOR AN INITIAL TERM OF
FIFTEEN MONTHS WITH THE OPTION TO EXTEND FOR TWO
ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED COST
NOT TO EXCEED $272,400 FOR THE INITIAL TERM OF
FIFTEEN MONTHS AND $224,000 ANNUALLY THEREAFTER;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL
OPERATING BUDGET OF SPECIAL PROGRAMS AND ACCOUNTS,
ACCOUNT NO. 001000-921202.6.410; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
SERVICES.
WHEREAS, the Blue Ribbon Task Force recommended that the
City undertake a significant review of training and leadership
development; and
WHEREAS, pursuant to the recommendation of the Blue Ribbon
Task Force, the Department of Human Resources conducted a
training needs assessment survey of City departments; and
WHEREAS, the Florida Institute of Government at Florida
International University has been identified to address employee
training and leadership development needs; and
WHEREAS, funding is available for the payment of
compensation, in an amount not to exceed $272,400 for the initial
ATTACHMENT O
CONTAINED
CITY COM]MSION
MEETING OF.
JUN 0 9 1998
Reoolutim No.
98- 561
term of fifteen months and $224,000 annually thereafter, from the
General Operating Budget of Special Programs and Accounts,
Account Code No. 001000.921202.6.410;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by references
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, with
the Florida Institute of Government at Florida International
University, to provide Citywide employee training and development
for the Department of Human Resources, on a contractual basis for
an initial term of fifteen months, with the option to extend for
two additional one-year periods, at an estimated cost not to
exceed $272,400 for the initial term and $224,000 annually
thereafter, with funds therefor hereby allocated from the General
Operating Budget of Special Programs and Accounts, Account Code
No. 001000.921202.6.410.
Section 3. The City Manager is hereby authorized to
instruct the Chief Procurement Officer to issue a purchase order
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for said services.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of June , 1998.
JOE CAROLLO, MAYOR
In accardance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation nnvl
becomes effective with the elapse ofte
nssicn act :regarding same, without the Mayor eATTEST:
lerk
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:t1l
RAFAEL 0. DIAZ
ASSISTANT CITY
APPROVED AS
W2"5 : BSS
AND CORRECTNESS:
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of
19_, by and between the City of Miami, a municipal
corporation of the State of Florida, hereinafter referred to as
"CITY", and the Florida Institute of Government at Florida
International University, hereinafter referred to as "PROVIDER."
R E C I T A L:
WHEREAS, the CITY is desirous of entering into an agreement
with the Florida Institute of Government at Florida International
University for the purpose of securing a firm to provide training
and leadership development; and
WHEREAS, this service will be used by the Department of
Human Resources to address employee training and leadership
development training needs; and
WHEREAS, funding is available in the operating budget of the
Special Programs and Accounts;
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
agree as follows:
I.
The term of this Agreement shall be from the 1st day of July
1998 through September 30, 1999 at the same prices, terms and
98- 56.E
conditions. This Agreement may be renewed upon mutual agreement
of the parties hereto for two (2) additional one year periods at
the same terms and conditions. Renewals subject to the
availability of funds.
II.
SCOPE OF SERVICES:
PROVIDER will provide the services included in Attachment
"A" as incorporated herein.
COMPENSATION:
A) CITY shall pay PROVIDER, as maximum compensation for the
services required pursuant to Paragraph II hereof, two hundred
seventy-two thousand, four hundred dollars ($272,400). The
annual compensation will vary as the number of training sessions
requested will vary annually.
B) Such compensation shall be paid on the following basis:
1) Payment shall be made monthly for work performed the
previous month upon submission of properly certified invoices.
C) CITY shall have the right to review and audit the time
records and related records of PROVIDER pertaining to any
payments by the CITY.
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IV.
COMPLIANCE MITE FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
V.
ORNERAT. CONDITIONS:
A) All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing and shall
be delivered by personal service, or by registered mail addressed
to the other party at the address indicated herein or as the same
may be changed from time to time. Such notice shall be deemed
given on the day on which personally served; or, if by mail, on
the fifth day after being posted or the date of actual receipt,
whichever is earlier.
CITY OF MIAMI PROVIDER
Angela R. Bellamy
Director
City of Miami
Department of Human Resources
P. 0. Box 330708
Miami, FL 33233-0708
Carol Comarcho
Asst. Director, Training
Florida Institute of Government
College of Urban & Public Affairs
Florida International University
3000 N.E. 145th Street
Academic One, Room 218
North Miami, Florida 33181
B) Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C) In the event of conflict between the terms of this
98 - 561
Agreement and any terms or conditions contained in any attached
documents, the terms in this Agreement shall rule.
D) No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the same or
any other provision hereof, and no waiver shall be effective
unless made in writing.
E) Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a court of
competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City
of Miami, such provisions, paragraphs, sentences, words or
phrases shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
VI.
OWNERSHIP OF DOCUMENTS:
All documents developed by PROVIDER under this Agreement
shall be delivered to CITY by said PROVIDER upon completion of
the services required pursuant to paragraph II hereof and shall
become the property of CITY, without restriction or limitation on
its use. PROVIDER agrees that all documents maintained and
generated pursuant to this contractual relationship between CITY
and PROVIDER shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any
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information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by CITY to PROVIDER
pursuant to this Agreement shall at all times remain the property
of CITY and shall not be used by PROVIDER for any other purposes
whatsoever without the written consent of CITY.
VII.
That the obligations undertaken by PROVIDER pursuant to this
Agreement shall not be delegated or assigned to any other person
or firm unless CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
VIII.
CITY reserves the right to audit the records of PROVIDER
pertaining to the work and payments related to this project at
any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
IX.
PROVIDER warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agrbement
and that it has not offered to pay, paid, or agreed to pay any
person employed by the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting
98- 561
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from the award of this Agreement.
X.
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
XI.
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XII.
PROVIDER shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of PROVIDER's activities under this
Agreement, including all other acts or omissions to act on the
part of PROVIDER, including any person acting for or on its
behalf, and, from and against any orders, judgments, or decrees
which may be entered and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
XIII.
A) PROVIDER covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
6
98- 561
- -
interests, direct or indirect, with CITY. PROVIDER further
covenants that, in the performance of this Agreement, no person
having such conflicting interest shall be employed. Any such
interests on the part of PROVIDER or its employees, must be
disclosed in writing to CITY.
B) PROVIDER is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2, Article V), Dade
County Florida (Dade County Code Section 2-11.1) and the State of
Florida, and agrees that it shall fully comply in all respects
with the terms of said laws.
XIV.
INDEPENDENT CONTRACTOR:
PROVIDER and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further he/she shall not be
deemed entitled to the Florida Workers' Compensation benefits as
an employee of CITY.
XV.
TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
paragraph II hereof without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
PROVIDER, who shall be paid for those services performed prior to
the date of its receipt of the notice of termination. In no
98- 561
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case, however, will CITY pay PROVIDER an amount in excess of the
total sum provided by this Agreement.
It is hereby understood by and between CITY and PROVIDER
that any payment made in accordance with this Section to PROVIDER
shall be made only if said PROVIDER is not in default under the
terms of this Agreement. If PROVIDER is in default, then CITY
shall in no way be obligated and shall not pay to PROVIDER any
sum whatsoever.
XVI.
NANi] T S CR TMTNn T T ON
PROVIDER agrees that it shall not discriminate as to race,
sex, color, creed, national origin, or handicap in connection
with its performance under this Agreement.
Furthermore, that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed, national
origin, or handicap, be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
XVII.
MINORITY PROCUREMENT COMPLIANCE:
PROVIDER acknowledges that it has been furnished a copy of
Ordinance No. 10062, as amended, the Minority Procurement
Ordinance of the City of Miami, and agrees to comply with all
applicable substantive and procedural provisions therein,
including any amendments thereto.
98- 561
WM
XVIII.
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
XIX.
In the event that PROVIDER shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
CITY, as its sole option, upon written notice to PROVIDER may
cancel and terminate this Agreement, and all payments, advances,
or other compensation paid to PROVIDER by CITY while PROVIDER was
in default of the provisions herein contained, shall be forthwith
returned to CITY.
XX.
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of each
to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
_ 9 _ 98 - 561
XXI.
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
ATTEST:
WALTER J. FOEMAN
City Clerk
ATTEST:
Corporation Secretary
APPROVED AS TO INSURANCE
REQUIREMENTS:
Mario Soldevilla
Risk Management Administrator
CITY OF MIAMI, a municipal
Corporation of the State of
Florida:
By:
JOSE GARCIA-PEDROSA
City Manager
PROVIDER:
By
(Title)
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
ALEJANDRO VILARELLO __74e
City Attorney
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ATTACHMENT A
CITY OF MIAMI
PROPOSED TRAINING BUDGET
JULY 1998 THROUGH SEPTEMBER 1999
DESCRIPTION
COST
# PAR TICIPANTWESSIONS
Writing Skills- Grammar
$ 18,000
350/10
Computer Concepts &
Applications I
18,000
350/10
Customer Service — ~
18,000
350/10
Computer Concepts &
Applications for Managers
9,000
175/5
Performance Measurements
9,000
175/5
Professionalism & Ethics
32,400
630/18
Sexual Harassment &
Diversity
28,800
560/16
Computer Concepts &
Applications II
18,000
350/10
Basic Accounting
7,200
140/4
Benchm rking
9,000
175/5
Technical Writing
18,000
350/10
Professional Development/
Office Professional Module
9,000
175/5
Stress Management
18,000
350/10
Supervisory Training
18,000
.350/10
Conflict Resolution
18,000
350/10
Executive Development
24,000
70/2
TOTAL
$272,400
4,900/140
98- 561
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: 40(
H. Warshaw
City Manager
RECOMMENDATION
DATE : June 9, 1998
CA=13
SUBJECT: Employee Training
REFERENCES:
ENCLOSURES:
FILE:
It is respectfully recommended that the City Commission authorize the City Manager to
execute the attached Professional Services Agreement with the Florida Institute of
Government at Florida International University to provide Citywide employee training
and leadership development, as reviewed and approved by the City Attorney, and to
instruct the Chief Procurement Officer to issue a purchase order for these services.
BACKGROUND
Pursuant to the Blue Ribbon Task Force's recommendation for the City to undertake a
significant review of training and leadership development, the Department of Human
Resources conducted a training needs assessment survey of City departments.
In response to the City's needs assessment, the Institute of Government at Florida
International University is prepared to provide Citywide employee training in the areas of
leadership and organizational development, staff training, and performance management.
The training sessions to be offered to City employees are intended to provide the genesis
of a comprehensive employee development program, designed to ensure a well
coordinated, dynamic program to effectively address the extensive training needs of
employees.
Funding for employee training and leadership development in an amount not to exceed
$272,400, for the initial fifteen -month term, is available in the General Operating Budget
of Special Programs and Accounts, Account Code No. 00 1000. 921202.6.410.
98- 561
OI`Y OF 101AM! =;_ORi A
INTER -OFFICE MEMORANDUM
71 Jose Garcia -Pedrosa D,, May 26, 1998
City Manager
SUS.JECr Training
AtFROM Ange R. Bell y REFERENCES
Director
Department of Human Resources ENCLOSURES.
Pursuant to the Five -Year Plan, this is to provide you with a status report on the City of
Miami's training and leadership development efforts to date, as well as,a proposal for future
training.
In August 1997, the Department of Human Resources conducted a training needs assessment
survey. This survey, which was forwarded to all department directors, including those hired
subsequent to that date. Recurring requests for training were in the areas of (1) customer
service, (2) stress management, (3) conflict resolution, (4) business writing, (5) computer
training, (6) time management, and (7) miscellaneous specialized training (e.g., inspections,
commercial driver license, etc.).
Through April of this fiscal year, training has been provided for approximately 6,900 partici-
pants. However, such training has primarily been coordinated by individual departments -
specifically, the Departments of Fire -Rescue and Police.
With the reestablishment of the citywide training function, the Department of Human
Resources will be able to effectively address the City's training needs. The training initiative
commenced with a seminar entitled Governmental and Not -for -Profit Accounting for Finance
Department employees. This was followed by training in the areas of Supervisory Manage-
ment and Sexual Harassment for supervisors in various departments.
It is recommended that all employees attend seminars on Professionalism and Ethics, Sexual
Harassment and Diversity, and Customer Service. Based on departmental needs assessments,
designated employees will be offered training in Writing Skills/Grammar. The City's
computer training classes will be augmented with sessions on Computer Concepts and
Applications 1 & H,, and Professional Development/Office Professional Module. First line
supervisors will receive Supervisory Management training. Professional development wi!l
also be offered in the form of Computer Concepts and Applications for Managers. To
successfully address the development of mid -level managers, sessions will be offered in
Leadership Development, Performance Measurement, and Benchmarking. A formal,
structured Leadership Identification and Development Program will also be developed.
Other critical areas to be addressed include Time Management, Stress Management and
Conflict Resolution.
98- 561
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Jose Garcia -Pedrosa
May 26, 1998
In an effort to identify those individuals and/or organizations best equipped to address the
training needs of City employees, a series of meetings have been held with prospective
trainers. In response to the City's needs assessment, the Institute of Government at Florida
International University is prepared to provide training in the areas of leadership and organi-
zational development, staff training, and performance management. In addition to being
cost-effective, the training offered by the Institute of Government will enable employees to
obtain graduate and undergraduate academic credits and/or Continuing Education Units
(CEUs). It is anticipated that an initial contract will be established for 15 months (through
September 30, 1999), with two one-year options to renew.
The attached proposal outlines training for 4,900 participants at ah estimated cost of
$272,400. The proposal was compiled as a result of the Citywide training needs survey
which was conducted in 1997; however, we will be working closely with department heads to
verify their most pressing needs so that we can adjust the schedule accordingly. The program
as set out is designed to ensure that all employees attend several required seminars and, as
needed, specialized workshops related to specific job duties. Such additional specialized
training may be provided by other vendors at reasonable costs to be determined.
The employee training needs of the City of Miami are extensive; however, the proposal
outlined in this memorandum will serve to greatly enhance employee development. This
proposal is intended to provide the genesis of a comprehensive employee development
program which will continue with the addition in October 1998 of two staff persons (one
coordinator and one clerical support, as requested in the FY '98-99 budget) to ensure a well
coordinated, dynamic program designed to serve the needs of the City and its employees.
The goal is to build a learning organization.
Specific funds in the amount of $224,000 were allocated for this training program in Special
Programs and Accounts for FY 1998. As of today's date, the balance remaining is $221,668,
inclusive of a donation of $21,500 from the Blue Ribbon Task Force. The amount allocated
for FY 1999 is $224,000.
Should you approve the proposed training program, appropriate legislation and
documentation will be submitted for inclusion on the June 9, 1998, City Commission
Agenda. Training sessions would begin in July 1998.
To
SAPPROVED:(4naola
---- -"�" Date: (AVArr
H. Warshaw
City Manager
CMC/ARB/RSJ
Attachment
98- 561
CITY OF MIAMI
PROPOSED TRAINING BUDGET
JULY 1998 THROUGH SEPTEMBER 1999
DESCRIPTION
COST
Writing Skills- Grammar
$ 18,000
Computer Concepts &
Applications I
18,000
Customer Service
18,000
Computer Concepts &
Applications for Managers
9,000
Performance Measurements
9,000
Professionalism & Ethics
32,400
Sexual Harassment &
Diversity
28,800
Computer Concepts &
Applications II
18,000
Basic Accounting
7,200
Benchmarking
9,000
Technical Writing
18,000
Professional Development/
Office Professional Module
9,000
Stress Management
18,000
Supervisory Training
18,000
Conflict Resolution
18,000
Executive Development
24,000
TOTAL
$272,400
# PARTICIPANTS/SESSIONS
350/10
350/10
350/10
175/5
175/5
630/18
560116
350/10
140/4
175/5
350/10
175/5
350/10
350/10
350/10
70/2
4,900/140
98- 561