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RESOLUTION 90-19948 RESOLUTION NO. 90-19948 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MELISSA CLOUD, TO SERVE AS CHIEF DEVELOPMENT OFFICER FOR THE BASS MUSEUM OF ART WHEREAS, the City wishes to have professional services performed at the Bass Museum of Art; and, WHEREAS, the City is desirous of retaining Melissa Cloud, to serve as Chief Development Officer for the Bass Museum of Art; and, WHEREAS, Melissa Cloud agrees to perform these services for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach City Commission approves the attached Professional Services Agreement between the City of Miami Beach and Melissa Cloud, and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. PASSED and ADOPTED this 4th day of April , 1990. / / / Ati. Ad Aka" MA •R ATTEST: CITY CLERK RWP:CBT: jh FORM APPROVED LEGAL DEPARTMENT Date: Ly; //k Eeeild . et:0 (6m • PM!:kii FLORIDA 3 3 1 3 9 (4::).,...IN 77ORATED )*.,i�. "VAC'ATIONL4ND U. N. A. Cy26__- OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 7 Cip COMMISSION MEMORANDUM NO. I/ - April 4, 1990 DATE: TO: Mayor Alex D.:• • and Members • the City Co ► i-. •n 1) '11A FROM: Rob W. Pa 'ns 1 /� City Manager #, i SUBJECT: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MELISSA CLOUD FOR DEVELOPMENT OFFICER SERVICES AT THE BASS MUSEUM The Bass Museum has received State Grants to provide for development and fund raising for the expansion of the Museum. Under this agreement, the following services will be provided: development and implementation of a capital campaign plan for fund raising; management of membership; head volunteer groups and special fund raising events; supervise other staff involved in the capital campaign; and, perform other duties for the Museum that are required in order to assure a successful fund raising campaign. Ms. Cloud comes highly recommended and has the recommendation of the Friends of the Bass Museum as well as the Adminstration's. Funds for this position are available from the State Grants received for the expansion for the last two years. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve the attached Resolution for the Professional Services Agreement between the City of Miami Beach and Ms. Melissa Cloud. RWP:CBT: jh Attachments 11. AGENDA ITEM 0- L.1- C. DATE . 41_ L--(_ Ct 0 PROFESSIONAL SERVICES AGREEMENT Agreement made on April 24, 1990 between the CITY OF MIAMI BEACH, FLORIDA, (hereinafter referred to as "City" ) and Melissa Cloud , 5838 Collins Avenue Apartment 15G; Miami Beach, Florida, 33140, (hereinafter referred to as "Contractor" ) . In consideration of the mutual promises set forth herein, it is agreed by and between the City and Contractor : 1. That the City wishes to have the following services performed: Contractor to serve as Chief Development Officer for the Bass Museum of Art. 2. Contractor agrees to perform these services for the City under the terms and conditions set forth in this contract. 3. DESCRIPTION OF WORK The Contractor shall perform the following services: a) Develop and implement capital campaign plans, fund-raising concepts, solicitation procedures, and donor contacts . b) Manage membership, public relations, volunteer groups, and special fund-raising events . c) Supervise Assistant Development Officer, Administrative Assistant (Development) , Museum Information Officer , and other development division support staff as may be assigned; and d) Perform those duties and responsibilities specified in Attachment "A" to this Agreement. Said duties and responsibilities are subject to revision upon mutual agreement by both parties. The contractor shall execute all of those services in accordance with the lawful directions of the City Manager . 4. PAYMENT City shall pay Contractor the totalsum of $50, 000 per annum for the work to be performed . Monthly payments of $4,166.66 shall be made to the Contractor on the last business day of each month. In the event Contractor fails to fully perform under this contract, the City shall be under no obligation to make any payments whatsoever . 5. RELATIONSHIP OF PARTIES The parties to this agreement agree that Contractor is an independent contractor and not an employee of the City and is not entitled to any employee benefits provided by the City, including but not limited to group insurance and pension plan, nor shall Contractor 's services or employees be covered by the City 's liability insurance or workman 's compensation policies . The City may, during the term of this agreement, engage other independent contractors to perform the same work that Contractor performs hereunder . Contractor is providing temporary and specialized services to City which are not equivalent to any positions which exist under the City 's Civil Service System. 6. TERMINATION OF AGREEMENT a) Right to Terminate The City may terminate this Agreement for cause in the event that: (1) the Contractor willfully violates any provisions of this agreement or performs same in bad faith, or (2) unreasonably delays the performance of her work , upon notice to the Contractor in writing fourteen (14) days prior to termination. Payment for work satisfactorily performed shall then be made on a per diem basis in accordance with paragraph 4 herein . b) Termination by City for Convenience The City, in addition to the rights and options to terminate given above, or any other provisions set forth in this agreement, retains the right to terminate this agreement at its sole option, upon notice to the Contractor in writing thirty (30) days prior , without cause and without penalty, when in its sole discretion, it deems such termination is in the best interest of the City. Payment for services satisfactorily performed shall then be made on a per diem basis in accordance with paragraph 4 herein. One month's severance pay shall also be due and payable to Contractor . c) Termination by Contractor for Convenience The Contractor may terminate this agreement at any time for convenience upon thirty (30) days prior written notice to the City. Payment for services satisfactorily performed shall be made at the time of termination on a per diem basis in accordance with paragraph 4 herein. 7. DU RAT I QN OF AGREEMENT Except as provided in paragraphs 6. a. , b. , c . above, the agreement shall otherwise remain in force from April 1, 1990, through March 31, 1991. Upon mutual consent of both parties, this Agreement may be extended for additional one-year periods, with terms and conditions mutually agreeable. 8. LIABILITY Contractor shall indemnify and hold harmless the City for any and all liability, injury, damage or loss arising in any way out of Contractor 's or Contractor 's employees ' and agents ' performance or non-performance of this agreement. 9. ASSIGNMENT This agreement may not be assigned by either party without prior written consent from the other party. Contractor acknowledges that the City is entering into this agreement for the purpose of securing Contractor 's unique services . 10. ENTIRE AGREEMENT This agreement contains the entire agreement between the parties and may not be modified except by later written agreement signed by both parties. 11. ENFORCEMENT This agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Dade County, Florida. 12. NOTICES All written notices given to the City by Contractor shall be addressed to the Executive Director of the Bass Museum at 2121 Park Avenue, Miami Beach, Florida, 33139. All written notices given by the City to Contractor shall be addressed to Contractor at the above-stated address. IN WITNESS WHEREOF, the parties have executed this Agreement at April 24, 1990 , the day and year first above written. ATTEST: Ir 40&." CITY CLERK MAYOR FORM APPROVED WITNESSES: LEGAL DEPT. Date 3/2 Y96 k,:€27 r L • • (� SIGNATURE WITNESSES: / l ac' ATTACHMENT A Duties and Responsibilities Assist in development of a comprehensive five-year fundraising plan and related annual action plans. Assist in the development and implementation of the capital campaign plan. Assist in the development anr1 i mpl Pmentat-i on of a comprehensive annual giving program. Perform prospect research with emphasis on corporations and foundations. Perform grant and proposal writing . Develop financial reporting system. Establish lines of communication with foundation directors and corporate giving officers. Assist in planning a program to enhance and broaden the Museum's membership base. Provide support to the Financial Development Chair and fundraising committees of the Board responsible for the annual giving plan. Assist in the development of fundraising aids such as a case statement, data management system, and training materials for volunteers to support the fundraising plan. Assist in the development of programs for gift clubs and recognition factors for non-Board or Trustee volunteers to encourage participation in the solicitation and fundraising program. Work with civic and business groups in the community to encourage participation in the Museum's fundraising efforts. Assist Executive Director in developing a public relations plan which will increase the profile of the Museum throughout the community and south Florida. Work with representatives of the City of Miami Beach to coordinate possible joint marketing and public relations efforts. Assist the Executive Director in developing and maintaining an informational network to support the Museum's fundraising plan and requests. Work with representatives of the City of Miami Beach to maximize efforts relative to the State Legislature. Supervise Assistant Development Officer , Administrative Assistant I (Development) , Museum Information Officer , and other development division support staff as may be assigned . Perform other activities as requested by Executive Director . ORIGINAL RESOLUTION NO. 90-19948 Authorizing the Mayor and the City Clerk to execute the professional services agreement between the C.M.B. and Melissa Cloud, to serve as Chief Development Officer for the Bass Museum of Art.