Loading...
HomeMy WebLinkAboutR-89-0893J-89-24 9/29/89 RESOLUTION NO. 89--833 A RESOLUTION WITH ATTACHMENTS AUTHORIZING ThE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE ATTACHED FORM WITH F.F. SANDS ASSOCIATES FOR AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000), TO PROVIDE CONSULTING SERVICES TO THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS IN CONNECTION WITH THE DEVELOPMENT OF AN AFFIRMATIVE ACTION PROGRAM PLAN AND ALLOCATING FUNDS FROM SPECIAL PROGRAMS AND ACCOUNTS, TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500) AND DEPARTMENT OF INTERNAL AUDITS AND REVIEWS FY'89-90 BUDGET, TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500). WHEREAS, the Department of Internal Audits and Reviews is desirous of obtaining consultant services to facilitate the development of an updated Affirmative Action Program Plan; and WHEREAS, the Affirmative Action Program Plan requires technical assistance to identify problem areas and appropriate remedies; and WHEREAS, the City Manager has determined that certain efficiencies can be obtained through the acquisition of personnel services on a contractual task -related basis in lieu of hiring full-time or part-time employees; and WHEREAS, funds are appropriated in Special Programs and Accounts and the Department of Internal Audits and Reviews FY'89- 90 Budget to engage a consultant firm specialized in Affirmative Action Program planning; CITY COMMISSION MEETING OF OCT 122 19889 RESOLUTION No.89-893. } J-89-24 9/29/89 RESOLUTION NO. 89--833 A RESOLUTION WITH ATTACHMENTS AUTHORIZING T4 CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE ATTACHED FORM WITH F.F. SANDS ASSOCIATES FOR AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000), TO PROVIDE CONSULTING SERVICES TO THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS IN CONNECTION WITH THE DEVELOPMENT OF AN AFFIRMATIVE ACTION PROGRAM PLAN AND ALLOCATING FUNDS FROM SPECIAL PROGRAMS AND ACCOUNTS, TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500) AND DEPARTMENT OF INTERNAL AUDITS AND REVIEWS FY'89-90 BUDGET, TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500). WHEREAS, the Department of Internal Audits and Reviews is desirous of obtaining consultant services to facilitate the development of an updated Affirmative Action Program Plan; and WHEREAS, the Affirmative Action Program Pi an requires technical assistance to identify problem areas and appropriate remedies; and WHEREAS, the City Manager has determined that certain efficiencies can be obtained through the acquisition of personnel services on a contractual task -related basis in lieu of hiring full-time or part-time employees; and WHEREAS, funds are appropriated in Special Programs and Accounts and the Department of Internal Audits and Reviews FY'89- 90 Budget to engage a consultant firm specialized in Affirmative Action Program planning; f CITY COMMISSION MEETING OF OCT 12 1989 NOW, THEREFORE, BE IT RESOLVED BY THE COMPASSION OF THE CITY OF NIANI, FLORIDA: Section 1. The City Manager is hereby authorized to enter / in substantially the attached form, into an agreement,Tn an amount not to exceed twenty-five thousand dollars ($25,000) provided from Special Programs and Accounts, twenty-two thousand five hundred dollars ($22,500) and the Department of Internal Audit and Reviews FY '89-90 Budget, two thousand five hundred dollars ($2,500), with F.F. Sands Associates for the purpose of providing technical assistance in the development of an updated Affirmative Action Plan. Section 2. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 12th day of REVIEWED AND APPROVED: -DEP TMENT OF BUDGET REVIEWED AND APPROVED: 6 r" - DEP TMENT OF FINANCE October , 1989. Ll PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CI Y ATTORN Y -3- PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 19890 by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and F. F. Sands & Associates, hereinafter referred to as "CONSULTANT". W I T N E S S E T H WHEREAS, the CITY recognizes not only a legal obligation, but also an ethical and moral responsibility to provide fair and equitable consideration of applicants and employees, without regard to race, color, religion, sex, age, national origin, marital status or physical or mental handicap; and WHEREAS, to achieve this end requires the development of a written Affirmative Action Plan to recruit, hire, promote, and otherwise quarantee equal employment opportunity for minorities and women in all job groups and at all levels of the workforce; and WHEREAS, the CITY desires to update, enhance and strengthen the Affirmative Action Plan; and WHEREAS, it is necessary to conduct a Utilization Analysis and to identify problem areas; and WHEREAS, the CITY requires professional services of a consultant with specialized knowledge and skills to design, facilitate and monitor the development of the C ITY' s Affirmative Action Program Plan (AAPP); and WHEREAS, the undersigned CONSULTANT has the expertise to carry out the aforementioned project and has expressed a desire to perform the required services for the CITY; NOW, THEREFORE, in consideration of the mutual convenants and obligations herein contained, and subject to the terms and conditions herein stated, the parties hereto understand and agree as follows: 1. TERM: This Agreement shall commence the 1st day of November, 1989 and shall terminate on the 31st day of October, 1990. 2. BASIC SERVICES: The CONSULTANT shall provide advisory and coordinating and development services to the Affirmative Action Planning Committee and City Task Forces as requested by the Director of Internal Audits and Reviews, not limited to; a) Consultant will design and facilitate the process for developing a Voluntary Affirmative Action Program Plan for the CITY. b) Train and provide analysis formats for appointed Task Forces. c) Assist in the coordination and facilitation of all Department activities designed to analyze the representation of minorities and female employees by job category. d) Assess and interpret workforce utilization analysis data. e) Organize, edit and prepare the preliminary and final drafts of the Written Affirmative Action Program Plan (AAPP) for the CITY. The CITY's Department of Internal Audits and Reviews shall provide staff support to the CONSULTANT as required. f E• 3. COMPENSATION: The CITY shall pay the CONSULTANT, as maximum compensation for the services required pursuant to Paragraph 2 hereof, a fee of $25,000. Such compensation shall be paid on the following basis: CONSULTANT shall be paid $5,000. upon execution of the agreement and three (3) $5,000 increments billed quarterly thereafter. A final payment of $5,000 shall be paid upon completion of the agreement per Paragraph 2A through E above. 4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and Local Government. 5. GENERAL CONDITION: 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 City of Miami Department of Internal Audits and Reviews 3006 Aviation Avenue Miami, Florida 33133 CONSULTANT Dr. Franklin F. Sands F.F. Sands b Associates 3255 Franklin Avenue Suite #1 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 terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall rule. 3 0. 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 provision, 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, 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. 5. 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 property of the 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 provision of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, 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. • 0 6. NONDELEGAgILITY: That 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. 7. 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 one year after final payment is made under the Agreement. 8. AWARD OF AGREEMENT: CONSULTANT warrants that he/she has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that he/she 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 from the award of this Agreement. 9. CONSTRICTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. 10. SUCCESSORS AND ASSIGN: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. 1*0 11. INDEMNIFICATION: CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT's activities under this Agreement, including all other acts or omissions to act on the part of CONSULTANT, including any person acting for on his/her behalf, and, from and against any orders, judgements, 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. 11. CONFLICT OF INTEREST: A. CONSULTANT convenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct of indirect, in the work product of the Agreement with the CITY. CONSULTANT further convenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees, must be disclosed in writing to 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 shall fully comply in all respects with the terms of said laws. 12. 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 CITY, or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of CITY. 13. 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 his/her receipt of 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 payment made in accordance with this Section to CONSULTANT is not in default. IF said CONSULTANT is in default then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. 14. NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, or national origin or handicap in connection with his/her performance under this Agreement. 15. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that he/she 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 amendments thereto. R 16. DEPART 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 CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advance, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. 17. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto 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. 18. 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 the respective officials thereunto duly authorized, this the day and year first above written. 8 %0 ATTEST: MATTY HIRAI, CITY CLERK APPROVED AS TO INSURANCE REQUIREMENTS:-_� INS' APPROVED AS TO FORM AND CORRECTNESS: 4CIT ATTOR EY CITY OF MIAMI, a municipal corporation of the State of Florida Y: CESAR A. ODIO, CITY MANAGER CONSULTANT: Franklin F. Sa Witness as to Dr. Franklin F. Sands' Signature d I r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=19 TO: The Honorable Mayor and DATE: OCT - 3 1989 FILE: Membe s- of the - C-i-ty Commi ssi on- sunjEcT: Agenda Item C&H?-.I(O 4 1 o Contract for FROM: City Manager REFERENCE - F. Sands Associates ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute a professional services agreement with F.F. Sands Associates for an amount not to exceed twenty-five thousand dollars ($25,000), to provide consulting services to the Department of Internal Audits and Reviews in connection with the development of an updated Affirmative Action Program Plan. Funds for this activity were allocated in Special Programs and Accounts for Fiscal Year 1989- 90. BACKGROUND The existing Affirmative Action Plan in effect since 1978 was designed to ameliorate problems which existed at that time. It is appropriate in 1989 to assess progress and identify current conditions which continue to hinder employment opportunities for minorities and women. The City's efforts must continue and intensify if we are to fully achieve our goals. Accordingly, the Department of Internal Audits and Reviews proposes to update the Affirmative Action Plan. The proposal provides for a workforce utilization and availability analysis by department and assessment of employment procedures. This data will provide the groundwork. for the development of goals, timetables and actions to incorporate in the affirmative action design. Specifically, F.F. Sands and Associates will design and, coordinate the activities of eight (8) Task Forces engaged in evaluating City policies and procedures as they relate to employment opportunities for minorities and women. The consultant will also organize, prepare and edit the preliminary and final drafts of the written Affirmative Action Program Plan. The involvement of technical experts in the affirmative action planning process is critical. The consultants will insure that the plan developed be based upon a thorough and objective s Honorable Mayor and Members of the City Commission Page 2 analysis of the workforce and employment practices. This enhances the defensibility of any remedial actions proposed and insures that strategies address specific problems. Therefore, I am recommending the execution of the attached contract for F.F. Sands Associates to perform these services.