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RESOLUTION 91-20382 RESOLUTION NO 91-20382 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH EMBASSY MARKETING & CONSULTING SERVICES FOR THE PURPOSE OF IMPLEMENTING, MONITORING, AND REPORTING ON THE CITY'S AFFIRMATIVE ACTION PLAN. WHEREAS, on October 23, 1991, the City Commission of the City of Miami Beach adopted a finding of fact that there is evidence that supports an inference that minorities and women have not proportionately shared in employment opportunities within the work force of the City of Miami Beach and established a policy to promote their increased participation; and, WHEREAS, based on such finding of fact, the City Commission of the City of Miami Beach, on October 23, 1991, reaffirmed the City's commitment towards equal employment opportunity by Declaration of an Affirmative Action Policy, by placing the responsibility for Affirmative Action in the Office of the City Manager, and, by outlining the duties and powers of that function; and, WHEREAS, the City Commission and the Administration desire the speedy implementation of an effective Affirmative Action Plan; and, WHEREAS, Milton Vickers, of Embassy Marketing & Consulting Services, possesses the necessary experience and skills to assist the City in the expeditious implementation of this program; and, WHEREAS, Embassy Marketing & Consulting Services, at the request of the City has indicated a willingness to provide the necessary services of Milton Vickers, as outlined in the attached cUII Li act, at a total cost not to exceed Sixty Thousand Dollars ($60,000) ; and, WHEREAS, funding for such affirmative action services is available in the City Manager's budget approved for the 1991/92 fiscal year. NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby authorizes the City Manager to execute the attached Professional Services Agreement with Milton Vickers, Embassy Marketing & Consulting Services, in an amount not to exceed Sixty Thousand Dollars ($60,000) for the period of November 1 , 1991 to October 31, 1992. PASSED and ADOPTED this 23rd day of October, 1991 . (\ nA-0"&4;446.- -i) Attest: VICE - MAYOR City Clerk Approved as to form: /°/04q/ Legal Department Funding Approved: agement and Budget PFL:me Viefami Eead aPM4 FLORIDA 3 3 i* INCORP ORATED)*) " .4 CA /JOS'v L.4 NU U. S. A. .* 2.61 -1c;:zss OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 6737010 COMMISSION MEMORANDUM NO. October 23, 1991 DATE: TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talarico edp City Managers 1:402- SUBJECT: PROFESSIONAL SERVICES CONTRACT WITH EMBASSY MARKETING&CONSULTING SERVICES FOR IMPLEMENTING A CITYWIDE AND DEPARTMENTAL AFFIRMATIVE ACTION PLAN FOR THE CITY OF MIAMI BEACH BACKGROUND Mr. Milton Vickers, of Embassy Marketing & Consulting Services, is well known and respected in our community for his expertise and work in the area of affirmative action, equal employment opportunity and minority business development. He was formerly Director of Affirmative Action with Metro-Dade and Director for Minority Business Development, also with Metro-Dade. As Director of Affirmative Action, Mr. Vickers is the author of Metro-Dade's first Affirmative Action Ordinance; included also, was the development of departmental affirmative action programs. He has also successfully negotiated settlement agreements in three separate class action civil suits pertaining to employment discrimination. Mr. Vickers has completed a review of the City's existing Affirmative Action policy and legislation, relevant Federal , State and local laws, and current work force statistics, and has made recommendations for the City to implement an effective Affirmative Action Program. A report on the findings and recommendations made by Mr. Vickers has been presented to you in an accompanying resolution. PROPOSAL In order to continue the expeditious implementation of the Affirmative Action Program and to ensure its success, the Administration requested that Mr. Vickers develop a proposal to implement the program, along with a method for monitoring , and reporting its progress. A copy of the proposed Professional Services Agreement with Embassy Marketing & Consulting Services is attached. Compensation for Embassy Marketing & Consulting Services under this Agreement is limited to a maximum of Sixty Thousand Dollars ($60,000) and i s dependent on the type of services required by the City. Funding for .this Agreement is available in the City Manager's budget approved for the 1991/92 fiscal year. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached resolution authorizing the City Manager to enter into a Professional Services Agreement with Embassy Marketing & Consulting Services, to develop a program to implement and monitor the City's Affirmative Action Program as outlined 'in the attached Agreement. Wo. PFLame8J AGENDA /? ITEM DATE 02 3-V PROFESSIONAL SERVICES AGREEMENT Agreement made on this 1st day of November , 1991 between the City of Miami Beach (hereinafter referred to as "City") and Embassy Marketing and Consulting Services, 300 Biscayne Boulevard Way, Suite 1014, Miami , FL 33131, (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 . SCOPE OF SERVICES - That the City wishes to have the following services performed: A. Implementation of a citywide and departmental Affirmative Action Plan; B. Development and implementation of a process to monitor and report on the City's Affirmative Action Plan; C. Review of relevant Federal , State, local laws to ensure compliance by the City of Miami Beach; D. Act as a research resource, in personnel procedures and labor relations matters, as they relate to the City's Affirmative Action Plan; E. Assist the City to recruit, evaluate and select a candidate to be employed by the City as the Affirmative Action Officer. 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, including but not limited to: To provide �i. r.w�7 e'►j'^Mn� +r� the ��/'1l�v�l�1 T!'Y��Y�T ��„ll'+1!�^T 1!'1N and selection A. pI o it I de ass 1 s lance i n i.he � ec u � 1 m=n C., e�a 1 u7t�o:n, of a candidate to be employed by the City as the designated Affirmative Action Officer; B. Until such times as the City employs and/or designates an Affirmative Action Officer, to perform all the duties and responsibilities required by the City's Affirmative Action Officer, as outlined in the Resolution No. 91-20382 adopting and establishing the City's Affirmative Action function in the Office of the City Manager; C. To provide technical assistance and support, as required, by the City's Affirmative Action Officer, relating to the implementation of the City's Affirmative Action plan; D. To provide assistance for the development and implementation of an orientation and training program for departmental Affirmative Action Officers; E. To provide assistance for the development and implementation of an orientation and training program for Department Directors and other managerial and supervisory level employees; F. To provide assistance for the development and implementation of an Affirmative Action awareness program for all City employees; G. To assist in the development and implementation of a monitoring and reporting system for the City's Affirmative Action Plan; H. To continue to review all related Federal , State, and local laws as Page - 1 - they impact on the City's Affirmative Action Plan; I . To review the City's current procedures to determine whether there are intentional , systemic, unintended, or institutional discrimination on the basis of age, gender/sex, marital status, national origin, physical handicap, race/color, or religion; and, J. At the discretion of the City Manager, to provide all other duties and responsibilities, consistent with the City's Affirmative Action Plan. The contractor shall perform all of those services in accordance with the lawful directions of the City Manager. 4. PAYMENT - City shall pay Contractor for the work to be performed as set forth in the following schedule, up to a maximum total of sixty thousand dollars ($60,000) . A. For the period that the Contractor is required to perform all the duties and responsibilities of the City's Affirmative Action Officer, as required under paragraphs 3A and 3B, above, the Contractor shall be paid for work performed the amount of five thousand dollars ($5,000) per month, payable on the first day of each month. B. Following the employment/designation by the City of an Affirmative Action Officer at which time the Contractor shall no longer be required to perform services specified in paragraphs 3A and 3B, above, monthly payments to the Contractor shall be in the amount of three thousand five hundred dollars ($3,500) , payable on the first day of each month. C. If the City employs/designates an Affirmative Action Officer during any month, any such payment due to the Contractor for duties performed pursuant to paragraphs 3A and 3B, above, shall be prorated. 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 worker'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. 6. TERMINATION OF AGREEMENT A) Right to Terminate The City may terminate this Agreement for cause in the event that the Contractor fails to comply with any provisions of this Agreement, fails to perform duties set forth in this Agreement, performs same inadequately or in bad faith, or unreasonably delays the performance of 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 set Page - 2 - forth in paragraph 6A, 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 interests of the City. Payment for services satisfactorily performed shall then be made on a per diem basis in accordance with paragraph 4 herein. 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. DURATION OF AGREEMENT - Except as provided in paragraphs 6. A. , B. , C: , above, the agreement shall otherwise remain in force from November 1, 1991 through October 31, 1992. 8. RENEWAL - This Agreement may be renewed for a one-year term, at the option of the City Commission with a maximum fee adjustment of no more than five percent, (5%) . 9. 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 on this agreement. 10. ASSIGNMENT - Contractor acknowledges that the City is entering into this Agreement for the purpose of securing Milton Vickers' unique services,' This agreement may not be assigned by either party without prior written consent from the other party. 11 . 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. 12. 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. 13. NOTICES - All written notices given to the City by Contractor shall be addressed to City Manager, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 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 on the 25 th day of October , 1991 . Attest: —11--(:DkaskAIL City Clerk City Manager Form Approved: 5gAdAt.),/: 5,6/0 io/i7 9/ City Attorney r ♦u" /�' Qf Embassy Marketing & f � Consulting Services j Page - 3 - ORIGINAL RESOLUTION NO. 91-20382 Authorizing the City Manager to enter into a professional services agreesient with Embassy Marketing & Consulting Services for the purpose of implementing, monitoring, and reporting on the City's Affirmative Action Plan.