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HomeMy WebLinkAboutR-85-040185-401_ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE TOURISM INDUSTRY COALITION COVERING THE TRANSFER AND ASSIGMENT OF SEVEN CITY EMPLOYEES FOR THE PERIOD OF ONE YEAR, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached, with the Tourism Industry Coalition covering the transfer and assigment of seven City employees to said agency for the period of one year. PASSED AND ADOPTED this 11 day of April , 1985. ATTEST: Maurice A. Ferre MAURICE A. FERRE, MAYOR _ ��.7.� .01 PH G. ONGIE City Clerk PREPARED AND APPROVED BY: �r, i ROBERT F. CL� ? ARK Chief Deputy City Attorney APPROVED AS Lug. an n. uvvv City Attorney FORM AND CORRECTNESS: CITY COMMISSION MEETING OF APR Ilicl L-1 LOANED EXECUTIVE AGREEMENT At THIS AGREEMENT is made and entered into between the CITY OF MIAMI (herein "Miami") and Tourism Industry Coalition of Greater Miami, Inc. (herein sometimes referred to as "TIC" or "Greater Miami Convention and Vistors Bureau"). RECITATIONS A. As of October 1, 1984 the Greater Miami Con- vention Consortium (the "Consortium") was created by an Interlocal Agreement between Dade County, City of Miami Beach and village of Bal Harbour, which Interlocal Agreement is recorded in Official Records Book 12329, Page 278 of the Public Records of Dade County, Florida. Said Interlocal Agreement was amended by Amendment to Interlocal Agreement executed as of October 1, 1984, recorded in Offical Record Book 12400, Page 473 of the Public Records of Dade County, Florida, under which the City of Miami joined the Consortium (the initial Interlocal Agreement and Amendment thereto being herein referred to collectively as the "Interlocal Agreement"). B. Pursuant to the terms of the *Interlocal Agreement, the Consortium entered into an agreement with Tourism Industry Coalition of Greater Miami, Inc. ("TIC"), dated as of October 1, 1984, under which TIC is to manage, operate and carry out the convention marketing, promotion and sales activities of the Consortium (said Agreement being herein referred to as the "Convention Bureau Agreement"). TIC intends to operate under the name "Greater Miami Conven- tion and Vistors Bureau" (herein the "Bureau"). C. Under the Convention Bureau Agreement, in carrying out its functions on behalf of the Consortium, the Bureau has the authority to contract with any Public Agency participating in the Consortium for the loaning of executives from the Public Agency to the Bureau, which executives will be employed in convention or tourism related activities of the Bureau. Based upon this authorization, Miami and the Bureau have determined to enter into the Loaned Executive Program described in this Agreement, under which certain employees of Miami will be transferred to the supervision, management and operation of the Bureau, in order to partici- pate in and enhance the convention marketing, sales and promotion activities of the Bureau. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 8S-401. 4t 1. The following employees of Miami (herein the "Transferred Employees"), with their current positions and salaries stated opposite their names, shall be a part of the Loaned Executive Program set forth in this Agreement: Name Position Current Salary Kay Hollander Convention Sales Trevor Sessine Convention Sales Karen Sakolsky Convention Sales Ruth Platoff Administrative Aide Ruby Dixon Secretary Maria Montero Secretary Willy Farians Clerk and Admini- strative Staff 2. Miami shall be responsible, until the Termi.- nation Dade (herein defined) as to each employee, for the payment of salaries and benefits of the Transferred Employees. Miami agrees that it will not, without the prior written consent of the Board of Directors of the Convention Bureau, 'F. increase or modify in any manner the level of salary and benefits paid or granted to such Transferred Employees, with the exception of the standard employee salary increase granted to all other City employees commencing with the fiscal year October 1, 1985. The Bureau shall repay Miami every six months during the term of this Agreement for such salaries, payroll taxes and normal direct employee -related benefits, the first such repayment to be made on September 15, 1985 (or within•10 days thereafter). 3. All employee -related benefits currently enjoyed by the Transferred Employees, including vacation time, hospitalization insurance, pension programs (where applicable), sick leave, FICA and holidays will continue for the duration of this Agreement, although the scheduling of vacation days of Transferred Employees shall be subject to the general operating policies of the Bureau. J1 4. All employer decisions concerning the assign- ment of day-to-day duties and responsibilities of Trans- ferred Employees, the management of the Transferred Employee's Hs. activities, the policy direction and control of such activi- ties, job descriptions, designation of titles, position and ~' all other matters relating to office policies, procedures and practices, including the direction and supervision of ' the Transferred Cmployees functions, shall be within the sole management discretion of the Bureau, and such Trans- ferred Employees, with the exception of the salaries and =; benefits mentioned above, shall be deemed, in all respects, to be employees of the $U1:02,l11 for the purpose of said ..:. management, supervision and control. 85-401_ 5. The duration of. this Agreement, with respect to each Transferred Employee, shall by for a period of one year (365 calendar days) from and after the -date each such Transferred Employee commences his or her activities with the Bureau. The one year period shall be 365 calendar days, notwithstanding approved leave time, sick time and maternity leave time. After such one year period (the "Termination Date" as applicable to each Transferred Employee), the Trans- ferred Employee shall no longer be an employee of Miami, and such Transferred Employee shall thereafter serve at the plea- sure of the Bureau, with such rights and responsibilities as are invested in said Transferred Employee by the Bureau. After the Termination Date Miami no longer shall have any responsi- bility for the Transferred Employee (except vested rights under employee -related benefits), except that Miami shall keep and maintain personnel records regarding such Trans- ferred Employee for a period of at least one year after the Termination Date. The Convention Bureau shall not be responsi- ble for the maintenance of a Civil Service or Merit system for any Transferred Employee after the Termination Date. 6. If, at any time during the term of this Agreement (prior to the Termination Date as applicable to each Transferred Employee), the Bureau is disbanded, or its activities are terminated by the Greater Miami Convention Consortium, or in any other manner it becomes impossible for the Bureau to continue to carry out its activities as con- templated by the Convention Bureau Agreement, then the Transferred Employee so affected shall be transferred back to Miami, and each affected Transferred Employee would assume such designated responsibilities, rights and privileges as are assigned to him or her by Miami. IN WITNESS WHEREOF the parties have hereunto caused this Agreement to be duly executed by and through their authorized officers or representatives. CITY OF MIAMI By City Manager Attest: City Clerk TOURISM INDUSTRY COALITION OF GREATER MIAMI, INC. (The Greater Miami Convention Consortium) By President Attest: Secretary 85-401... at; CITY OF MIAMI. FLORIDA i �- 29 INTER -OFFICE MEMORANDUM TO Randolph B. Rosencrantz OATE: April 3, 1985 RILE: Acting City Manager SUBJECT: Loan Executive Agreement - Tourism Industry Coalition FROM, Cesar H. Od i o ! REFERENCES! Assistant City Manager 1 ENCLOSURES: It is recommended that the City Commission authorize the City Manager to enter into an agreement with the Tourism Industry Coalition of Greater Miami for the transfer of certain employees from the City of Miami Convention Bureau on a Loaned Executive Basis for the period of one year (365 calendar days) from the date of transfer. As of October 1, 1984 the Greater Miami Convention Consortium was created by an Interlocal Agreement between Dade County, City of Miami, City of Miami Beach and Village of Bal Harbour. According to Section 2.03, Phase Two: Coordinated Sales, of the subject Interlocal Agreement "the existing City of Miami Convention Bureau will remain under the City of Miami with no transfer of personnel taking place unless otherwise mutually agreed between the City of Miami and the Tourism Industry Coalition". Pursuant to these terms, the Consortium is proposing to enter into an agreement with the City of Miami Convention Bureau on a Loaned Executive Basis for a period of one year (365 calendar days). Copy of the proposed Loaned Executive Agreement is attached. 85-401.