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HomeMy WebLinkAboutR-94-0803U-94-905 11/2/94 RESOLUTION NO. 94- 803 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH PUBLIC POLICY RESEARCH INSTITUTE, INC., AND THE CENTER FOR BUSINESS AND INDUSTRY OF MIAMI-DADE COMMUNITY COLLEGE (WOLFSON CAMPUS) j FOR PROFESSIONAL SERVICES AS SUPERVISORY TRAINING PROGRAM CONSULTANTS; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, FROM SPECIAL PROGRAM AND ACCOUNTS, NO. 921003-270. WHEREAS, the City of Miami wishes to continue and advance the labor-management partnership concept already implemented by the City and employee organizations; and WHEREAS, the City has requested proposals for the design and delivery of a series of training programs to provide a comprehensive and intensive review of the skills required to be an effective supervisor for the City; and WHEREAS, Public Policy Research Institute, Inc. and Miami - Dade Community Colleges Center for Business and Industry (Wolfson Campus) have offered to provide professional services in strengthening the abilities of supervisors (both sworn and non - sworn), to confidently direct workers and to recognize and respond to potential labor-management or worker -worker conflicts; and 'A IN T (S I1,p°' tF, CITY C©rMSSION MEETING OF N 011 1 7 1994 Resolution No. 94- 803 WHEREAS, the total cost of said professional services will not exceed $25,000 to be allocated in the following manner: payment for professional services to Public Policy Research Institute, Inc. will be based upon $1,218 per program day, not to exceed 16 program days, in an amount not to exceed $19,500, with the residual amount, to be paid to the Center for Business and Industry of Miami -Dade Community College for the presentation of supervisory seminars and workshops; WHEREAS, said funding is available from Special Program and Accounts, No. 921003-270; 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 incorporated by reference thereto and adopted as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an agreements, in substantially the attached forms, with Public Policy Research Institute, Inc. and the Center for Business and Industry of Miami -Dade Community College (Wolfson Campus) for professional services as supervisory training program consultants, with funds therefor hereby allocated, in an amount not to exceed $25,000, from Special Program and Accounts, No. 921003-270. Section 3. This Resolution shall become effective immediately upon its adoption. 04- 803 -2- PASSED AND ADOPTED this 17th day of November 1994. STfPHEN P. CLAjk, MAYOR ATTEST: MATTY HIRAI CITY CLERK BUDGETARY REVIEW AND APPROVAL: 4RTME S. SURANA, DIRECTOR NT OF BUDGET REVIEWED AS TO ACCOUNTING AND TREASURY REQUIREMENTS: CA GARCIA, DIRECTOR DEPART ENT OF FINANCE PREPARED AND APPROVED BY: e OLGA MIREZ-SEIJAS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A.' QiITNN S , CITY ATTMX8Y ORS:osk:W'4745 94- 803 MOM PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of 1994, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and Public Policy Research Institute, Inc., a corporation, hereinafter referred to as "CONSULTANT." I TERM: The term of this Agreement shall be from date of execution to the date that CONSULTANT completes the professional services required hereunder, and said services are accepted as complete by CITY. II SCOPE OF SERVICES: CONSULTANT shall provide the services described in CONSULTANT's letter dated September 29, 1994, and the Proposal attached thereto, copies of which are attached hereto as Exhibit "A" and are by this reference being made a part of this Agreement. III COMPENSATION: A. The amount of compensation to be paid by the CITY to 94- 803 CONSULTANT, for the services described in Paragraph 2 above, shall be calculated on a "Per Program basis". The cost of each program shall be One Thousand Two Hundred Eighteen Dollars ($1,218.00); provided, however, that the maximum amount payable under this Agreement shall be Nineteen Thousand Five Hundred Dollars ($19,500.00). B. CITY shall have the right to review and audit the records of CONSULTANT pertaining to any payment made by the CITY hereunder. IV COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Government. ►7 GENERAL 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 messenger service, or by registered mail, I i addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall �I be deemed given on the day after being posted or the date of actual receipt, whichever is earlier. CONSULTANT CITY OF MIAMI Public Policy Research Institute, Inc. City Manager 6123 North West 163rd Lane 3500 Pan American Drive Hialeah, Florida 33015-5623 Miami, Florida 33133 _2_ 94- 803 B. Title and paragraph headings are for convenient reference and are not part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall rule. D. Should any provision, paragraph, sentence, word or phrase 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 provision, paragraph, sentence, word or phrase 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 CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT 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. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. 94- 803 -3- It is further understood by and between the parties that any information, writings, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT, pursuant to this Agreement, shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. VII NONDELEGABILITY: The obligations undertaken by CONSULTANT 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 AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. IX AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and 04- 803 -4- that it has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XI SUCCESSORS AND ASSIGNS% This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII INDEMNIFICATION: CONSULTANT shall indemnify and save the CITY harmless from i and against any and all claims, liabilities, losses, and causes of action, which may arise out of CONSULTANT'S activities under i this Agreement, including all acts or omissions to act on the i part of CONSULTANT, 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, attorney's fees, expenses and liabilities incurred in the defense of any -5- 94- 803 such claims, or in the investigation thereof. XIII CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with CITY. CONSULTANT 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 the CONSULTANT or its employees, must be disclosed in writing to the CITY. B. CONSULTANT 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 will fully comply in all respects with the terms of said laws. XIV INDEPENDENT CONTRACTOR: CONSULTANT 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 the CITY, or any rights generally afforded classified or unclassified employees; further, CONSULTANT shall not be deemed entitled to the Florida Workers' 94- 803 -6- Compensation benefits as an employee of the 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 CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payments made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, the CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVI NONDISCRIMINATION: CONSULTANT agrees that it shall not discrimination as to race, color, sex, religion, age, handicap, marital status or national origin, in connection with his performance under this Agreement. Furthermore, that no otherwise qualified individual shall, -7- 94- 803 solely by reason of his/her race, sex, color, age, religion, marital status, 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: CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, 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. XVIII CONTINGENCY CLAUSE: 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 DEFAULT PROVISION: In the event that CONSULTANT 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 94- 803 WE CITY, at its sole option, upon written notice to CONSULTANT, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XX ENTIRE AGREEMENT: 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. XXI AMENDMENTS 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 their respective officials thereunto duly authorized, this the day and year above written. 94- 803 ATTEST: By CITY OF MIAMI, a municipal Corporation of the State of Florida MATTY HIRAI CESAR H. ODIO City Clerk City Manager CONSULTANT: WITNESSES: PUBLIC POLICY RESEARCH INSTITUTE, INC. By President APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: FRANK ROLLASON, DIRECTOR A. QUINN JONES, III Risk Management City Attorney ORS/et/M519 -10- 94- 803 EXHIBIT "A" ATTACHED LETTER FROM CONSULTANT DATED SEPTEMBER 29, 1994 TOGETHER WITH CONSULTANT'S PROPOSAL. 94- 803 -11- PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of 1994, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and Miami -Dade Community College, hereinafter referred to as "CONSULTANT." I TERM: The term of this Agreement shall be from date of execution to the date that CONSULTANT completes the professional services required, and said services are accepted as complete by CITY. II SCOPE OF SERVICES: CONSULTANT shall provide the services described in CONSULTANT's letter dated October 5, 1994, and the Proposal attached thereto, a copy of which is attached to this Agreement as Exhibit "A" as by this reference is incorporated herein. III COMPENSATION: A. The amount of compensation to be paid by the CITY to CONSULTANT, for the services described in Paragraph 2 above, shall be calculated on a "Per Program basis" for a maximum compensation of Five Thousand Five Hundred Dollars ($5,500.00). 94- 803 The cost of each program shall depend on the type of program selected by the CITY as described in CONSULTANT's letter attached hereto as Exhibit "A". B. In the event additional funds become available to the CITY, the CITY shall have the right to request additional programs from CONSULTANT whereupon the amount of compensation to CONSULTANT shall be increased accordingly and such increase in compensation shall be evidenced by an amendment executed by the parties hereto. C. CITY shall have the right to review and audit the records of CONSULTANT pertaining to any payment made by the CITY hereunder. IV COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Government. V GENERAL CONDITIONS: j 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 messenger service, or by registered mail, addressed to the other party at the address indicated herein or i as the same may be changed from time to time. Such notice shall be deemed given on the day after being posted or the date of actual receipt, whichever is earlier. -2- 94- 803 CONSULTANT Miami -Dade Community College Wolfson Campust 163rd Lane The Center for Business & Industry 300 N.E. Second Avenue Miami, Florida 33132 CITY OF MIAMI City Manager 3500 Pan American Drive Miami, Florida 33133 B. Title and paragraph headings are for convenient reference and are not part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall rule. D. Should any provision, paragraph, sentence, word or phrase 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 provision, paragraph, sentence, word or phrase 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 CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT 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. CONSULTANT agrees that all documents maintained and -3- 94~- 803 generated pursuant to this contractual relationship between CITY and CONSULTANT 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 information, writings, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT, pursuant to this Agreement, shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. VII NONDELEGABILITY: The obligations undertaken by CONSULTANT 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 AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. -4- 04- 803 IX AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XI SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII INDEMNIFICATION: CONSULTANT shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes I of action, which may arise out of CONSULTANT's activities under this Agreement, including all acts or omissions to act on the part of CONSULTANT, including any person acting for or on its -5- 94-- 803 v.� behalf, and, from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. XIII CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with CITY. CONSULTANT 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 the CONSULTANT or its employees, must be disclosed in writing to the CITY. B. CONSULTANT 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 will fully comply in all respects with the terms of said laws. XIV' I INDEPENDENT CONTRACTOR: CONSULTANT 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 the CITY, or any rights -6- 94- 803 generally afforded classified or unclassified employees; further, CONSULTANT shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the 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 CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payments made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, the CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVI NONDISCRIMINATION: CONSULTANT agrees that it shall not discrimination as to race, color, sex, religion, age, handicap, marital status or national origin, in connection with his performance under this Agreement. 94- 803 Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, age, religion, marital status, 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: CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, 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. XVIII CONTINGENCY CLAUSE: 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 DEFAULT PROVISION: In the event that CONSULTANT 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 04- 803 MM CITY, at its sole option, upon written notice to CONSULTANT, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XX ENTIRE AGREEMENT: 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. XXI AMENDMENTS: 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 their respective officials thereunto duly authorized, this the day and year above written. ATTEST: CITY OF MIAMI, a municipal Corporation of the State of Florida By MATTY HIRAI CESAR H. ODIO City Clerk City Manager 0`- 803 MM WITNESSES: APPROVED AS TO INSURANCE REQUIREMENTS: FRANK ROLLASON, DIRECTOR Risk Management ORS/et/M520 CONSULTANT: MIAMI-DADE COMMUNITY COLLEGE By Isabel M. Rapp Director APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III City Attorney 94- 803 -i0- y EXHIBIT "A" ATTACHED LETTER FROM CONSULTANT DATED OCTOBER 5, 1994 TOGETHER WITH CONSULTANT'S PROPOSAL. -11- 04- 803 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=19 TO : Honorable Mayor and Members DATE : NOV of the City Commission 3- 1g94 FILE SURJECT : City -Wide Supervisor Training Program FROM : Cesa io REFERENCES: City ger ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution authorizing the City Manager to enter -:into professional service agreements with Public Policy Research Institute, Inc. and the Center for Business and Industry of Miami -Dade Community College for "Supervisory Training Programs",• in an amount not to exceed $25,000. BACKGROUND: In continuance and advancement of the labor-management partnership concept the City Administration has requested proposals for the design and delivery of a series of training programs to provide a comprehensive and intensive review of the skills required to be an effective supervisor for the City of Miami. The supervisor training programs will improve performance, productivity and motivation as the front line supervisor gains a clearer understanding of his or her role. The sessions will be geared to strengthening the abilities of supervisors to confidently direct workers and to recognize and respond to potential labor-management or worker -worker conflicts. Public Policy Research Institute, Inc. will conduct mandatory one day training programs for both sworn and non -sworn supervisors which will apply educational leadership concepts and proven labor-management relations standards to the supervisory problem - solving process. Additional half -day workshops aimed at promoting specific supervisory skills will be conducted by Miami - Dade Community College's Center for Business and Industry (Wolfson Campus). The projected cost in provision of this training from both agencies will not exceed $25,000 and will be taken from Special Programs and Accounts; 921003-270. 04- 803 CX19' l