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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-2451 F--j r1 Temp. Reso. #8020 October 9, 1997 Revision #1 — 10/6/97 Revision #2 — 10/7/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97 aZ45 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND MATHIS AND ASSOCIATES AS FACILITATOR FOR PHASE 1 - THE DESIGN AND DEVELOPMENT OF AN EARLY RETIREMENT PROGRAM AT A COST NOT TO EXCEED $7,500 FOR PROFESSIONAL SERVICES PLUS RELATED EXPENSES; AUTHORIZING A TRANSFER OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is considering enacting an early retirement program benefiting eligible City employees; and WHEREAS, planning and evaluation of the impact to the organization are important prerequisites to approval and implementation of an early retirement program; and WHEREAS, it is contemplated that the Early Retirement Program (ERP) would consist of three phases including Phase 1 (Plan Design), Phase 2 (Introduction to City Plan), and Phase 3 (Implementation Phase); and Temp. Reso. #8020 October 9, 1997 Revision #1—10/6/97 Revision #2 — 10/7/97 WHEREAS, the City has determined that an early retirement program facilitator will be effective in planning and evaluating the measured impact and setting goals and objectives of the early retirement program; and WHEREAS, the City's Purchasing Division solicited informal proposals from qualified firms through a request for letters of interest for the design, facilitation and implementation of a voluntary early retirement program distributed and publicly advertised on September 7 and 14, 1997; and WHEREAS, one letter of interest was received from Mathis and Associates of Napa, California; and WHEREAS, an administrative review committee found the firm's proposal for facilitating an early retirement program responsive; and WHEREAS, Phase 1 would provide for the design of an ERP to ensure that the program is cost effective and legally defensible to also include an actuarial analysis; and WHEREAS, projected costs of the Facilitator's services have been estimated for each phase of the project based on preliminary eligibility criteria including for Phase 1, Plan Design (up to $7,500 plus expenses), for Phase 2, Introduction of Plan (up to $12,000 plus expenses), and for Phase 3, Implementation (up to $25,000 plus expenses); and WHEREAS, an updated actuarial study will be required as a part of Phase 1 at a cost estimated up to $10,000; and 2 1 Temp. Reso. #8020 October 9, 1997 Revision #1 -- 10/6/97 Revision #2 — 10/7/97 WHEREAS, separate analyses have been completed by the City's Finance Department and the City's actuaries, Gabriel, Roeder, Smith and Company, with first year savings of a preliminary early retirement program projected at a minimum of $175,000 and recurring annual savings of at least $50,000 based on full replacement of those retiring; and WHEREAS, the cost for professional services including those for Facilitator and Actuaries services are estimated to be offset by net savings from implementation of the early retirement program; and WHEREAS, Phase 1 would take up to thirty working days for completion, and would not obligate the City to subsequent phases; and WHEREAS, available funds exist in the General Fund Budget, contingency — special projects, for Phase 1 of the project; and WHEREAS, the City Manager and review committee recommend entering into agreement with Mathis and Associates for the planning phase or Phase 1 of the project; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the firm of Mathis and Associates as facilitator for Phase 1 for development of an early retirement program. 3 1 Temp. Reso. #8020 October 9, 1997 Revision #1—10/6/97 Revision #2 — 10/7/97 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to execute an agreement with Mathis and Associates for Phase 1, attached hereto as Exhibit A, in an amount not to exceed $7,500 for professional services plus expenses for developing an early retirement program proposal. SECTION 3: Authority for transfer of funds for funding Phase 1 of the project from the contingency -special projects account (General Fund) to appropriate operating accounts is hereby granted for correct accounting purposes. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 4 Temp. Reso. #8020 October 9, 1997 Revision #1—10/6/97 Revision #2 — 10/7/97 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of ,1997. ATTEST: CAROL A. EVANS, CMC, CITY CLERK I HEREBY CERTIFY that I have Approved this RESOLUTION as to form. MO RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/11 MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 61 (Z-Ci7-avS- Exhibit A AGREEMENT Between the City of Tamarac And Mathis and Associates For the Design and Development of an Early Retirement Program THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into this Q day off ,1997 by and between the City of Tamarac, a municipal corporation, with offices located at 7525 N.W. 88t" Avenue, Tamarac, FL 33321 (the "CITY") and Mathis and Associates with offices located at 3435 Valle Verde Drive, Napa, California 94558 (the "Facilitator") for activities related to the design of a voluntary Early Retirement Program (ERP). WITNESSETH WHEREAS, The City is considering a voluntary early retirement program benefiting eligible City employees; and WHEREAS, the City has determined that an early retirement program Facilitator will be effective in planning and evaluating the measured impact of early retirement to the organization; and WHEREAS, the Facilitator is experienced and well qualified in assisting local governments in the development, facilitation and implementation of early retirement programs and has agreed to provide professional services to assist the City in the initial phase (Phase 1) for developing an early retirement program; and WHEREAS, the Facilitator shall furnish related professional services to the City. NOW, THEREFORE, it is agreed as follows: TERMS 1. Recitals. The recitals and all statements contained therein are hereby incorporated into and made a part of this Agreement. 2. Services to be performed by the Facilitator. The Facilitator shall, in conjunction with the general direction of the office of the City Manager, or his • representative designees, provide the professional services described in the Scope of Services attached hereto as Appendix A in order to assist the City in the development of an Early Retirement Program (ERP). Exhibit A 3. Term of the Agreement and Time Requirements. This Agreement shall become effective upon the signature by the duly authorized representative of the City and the Facilitator for developing the ERP proposal and implementation plan and shall remain in effect until terminated by the City pursuant to written notice, or completion of the objective of this Agreement which is to formulate for implementation an Early Retirement Program which is financially and legally defensible. The Facilitator shall promptly begin and diligently provide the professional services contemplated herein generally in accordance with the Project Schedule attached hereto as Appendix B so that the City may achieve its objective. Accordingly, time is of the essence of this Agreement. In the event of termination prior to the completion of the development of the Early Retirement Program provided for by this Agreement, such termination shall in no way prejudice the payments due to the Facilitator for services rendered, provided that the termination is not due to a default on the part of the Facilitator. The City, at its sole option, may decide not to move forward at any time, with only the professional fees and expenses actually incurred through the date the Facilitator is notified of termination then being due and payable. 4. Schedule of Fees. For services to be provided hereunder by the Facilitator, the Facilitator shall work under a not to exceed $7,500 professional services fee arrangement described in the Scope of Services in Appendix A on the percent completed basis described in the Project Schedule in Appendix B. In addition to the above specified fee, the City shall periodically reimburse the Facilitator for all actual costs incurred, including by way of example and not limitation, photocopies, long distance telephone charges, overnight delivery services, and travel expenses. All such expenses shall be reasonable and directly related to the project; such costs are not estimated to exceed $2,500. The Facilitator shall seek prior approval from the City for any costs exceeding such estimate. For ease of administration, any request for reimbursement will come via a single invoice, together with copies of appropriate back up documentation. 5. Cooperation of the City. It shall be the obligation of the City to timely provide the Facilitator with all reasonable required information, data and records necessary to complete the Early Retirement Program proposal. 6. Documents. All documents, computer, media, and other data developed by the Facilitator in connection with the project shall be reproduced and made available to the City by the Facilitator at any time upon request of the City. When any work contemplated under this Agreement is completed or for any reason terminated prior to completion, all of the above data shall be timely reproduced and delivered to the City upon written request. 2 c 7 ;Z y5- Exhibit A 7. Termination. The City reserves the right to terminate this Agreement at any time, by written notice. In which event the Facilitator shall be entitled to the professional fees on an hourly basis from the last percentage of the project completed and expenses for actual costs incurred for work performed hereunder through the date the Facilitator is notified of termination. 8. Default Provision. In the event that the Facilitator shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions herein, then the City, in addition to all other remedies available by law, at its sole option and upon written notice to the Facilitator, may cancel and terminate this Agreement. 9. Conflict of Interest. The Facilitator covenants that no person under their employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, with the City. The Facilitator further covenants that, in the performance of this Agreement, no person having such conflicting interests shall be employed. 10. Award of Agreement. The Facilitator warrants that it has not employed or retained any company or person to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, or gifts or any other consideration contingent upon or resulting from the award or making of this Agreement. The Facilitator also warrants that to the best of its knowledge and belief no officeholder or employee of the City is interested directly or indirectly in the profits or emoluments of this Agreement. 11. Entire Agreement. This Agreement represents the entire and integrated agreement between the City and the Facilitator and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument executed by the City and the Facilitator. The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. 12. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, legal representatives, successors and assigns. 13. Insurance. The Facilitator shall maintain during the terms of this Agreement professional liability insurance in a minimum amount of $500,000 covering all liability arising out of the terms of this Agreement. e . � ? -,9- K Exhibit A • 14. Nondiscrimination in Employment. The Facilitator shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, handicap or marital status. The Facilitator shall take affirmative action to ensure that applicants are employed, without regard to their race, color, religion, sex, age, national origin, handicap or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Facilitator agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by its personnel officer setting forth the provisions of this equal opportunity clause. 15. Independent Contractor. The Facilitator and their employees and agents and any sub -consultants and their employees and agents, shall be deemed to be independent contractors and not agents or employees of the City; and shall not attain any rights or benefits generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the City. 16. Non-Delegability. It is understood and agreed that the obligations undertaken by the Facilitator pursuant to this Agreement shall not be delegated or assigned to any other person or firm without the City's prior written consent, which may be withheld at City's sole discretion. 17. Indemnification. The Facilitator covenants and agrees to indemnify and hold harmless the City, its officers, agents and employees from any and all claims, losses, damages, costs, charges or expenses arising out of or in connection with the negligent acts, actions, or omissions of the Facilitator's performance under this Agreement, or that of any of its officers, agents, employees or sub -consultants, whether direct or indirect; provided, however, that the Facilitator shall not be liable under this Section for damages or injury arising out of or directly caused by or resulting from the negligence of the City or any of its agents, officers or employees. The indemnity provided herein is not limited by reason of any particular insurance coverage in this Agreement. 18. Notices. 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 (return receipt requested) or the date of actual receipt, whichever is earlier. 4 Exhibit A CITY OF TAMARAC: FACILITATOR: Robert S. Noe R. William Mathis, Ph. D. City Manager Mathis and Associates 7525 N.W. 88t" Avenue 3435 Valle Verde Drive Tamarac, Florida 33321 Napa, CA 94558 (954) 724-1321/fax (707) 252-1349/fax With copy to: Mr. Mitchell S. Kraft City Attorney 7525 N.W. 88t" Avenue Tamarac, Florida 33321 (954) 724-2454/fax 19. Amendments. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 20. Miscellaneous Provisions. A. Title and paragraph heading are for convenient references and are not a part of this Agreement. B. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any other documents, the terms in this Agreement shall rule. C. 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. D. Should any provision, paragraph, sentence, work 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 Tamarac, 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. 61 Exhibit A IN WITNESS WHEREOF, the parties hereto have, through their proper and duly authorized officials, executed this Agreement, the day and year first above set forth. • ATTEST: 6- zo�'� L , Carol A. Evans, CMC City Clerk APPR XDVLID,AS TO FORM II S. Kraft, City(Attorney is MATHIS AND ASSOCIATES Ilk R. William Mathis, Ph.D. CITY OF TAMARAC, a municipal corporation of the State of Florida Robert S. Noe City Manager By: , Joe Schreiber, Mayor [1 Exhibit A • • • APPENDIX A PHASE I SCOPE OF SERVICES 1) Assist in the development of an Early Retirement Program (ERP) for the City which is financially and legally defensible and includes consideration of a standard early retirement benefits package versus a cafeteria selection of early retirement benefits. Assist the City in developing eligibility factors and listing of employees qualifying for participation in the Early Retirement Program. Prepare ERP proposal. 2) Review and advise on financial and actuarial estimates of the Early Retirement Program's costs/savings. Advise and assist with legal requirements for the adoption of an early retirement program 3) Develop appropriate instrumentation such as survey forms for measuring participation levels to ensure meeting financial and personnel objectives of the Early Retirement Program. 4) Facilitate meetings and discussions with Commission, staff, employees and with public groups, as necessary, on the goals, objectives, and merits of the Early Retirement Program. 5) Develop enacting legislation for the Early Retirement Program and review applicable amendments necessary to the City's Pension Ordinance and requiring approval of the City Commission. 6) Assist the City in measuring the projected organizational impact of the Early Retirement Program and develop an accompanying program implementation schedule. 7) Provide blueprint strategy and documentation assuring eligible employees receive those services designed to meet their personal and assessed needs including assessment interview, individualized out placement plan and progress reports on activities of employees receiving services. 7 Exhibit A • APPENDIX A (continued) Fee and Costs For services provided by Mathis and Associates, the fee for professional services for the proposed scope of services for Phase I of the Early Retirement Program will not exceed $7,500. The fee will be due and payable under the following schedule under a percent complete basis. The fee for professional services will include a minimum of two on -site visits by representatives of Mathis and Associates consisting of a minimum four days for planning and meeting activities and one day of plan presentation. Site visits or meetings in excess of those contemplated (together with any actual costs associated therewith) may be negotiated from the Facilitator's standing hourly rate. In addition to the above fee for professional services, Mathis and Associates may seek periodic reimbursement for actual costs incurred, such as photocopies, long distance telephone charges, overnight delivery services, and related travel expenses. Requests for reimbursement shall be limited to $2,500. E:3 Exhibit A • C� APPENDIX B PHASE DEVELOPMENT ACTIVITIES OF EARLY RETIREMENT PROGRAM ACTIVITY Development of ERP Strategy/Outline First Site Visit for Planning Session w/ Staff & Meeting with Commissioners (four business days) Review of Eligibility Factors and Listing of Qualifying Employees Development of Survey/ Eligibility instruments Out Placement Services Strategy First draft of ERP Proposal Review of Financial/ Actuarial Analyses Final Draft of ERP Proposal Second Site Vi0 sit; Presentation to Commission of ERP (one business day) SCHEDULE/DUE DATE October 13 October 20-23 October 21 October 22 October 27 October 31 November 3 November 6 November 10 PAYMENT up to 25% of fee plus expenses up to 50% of fee plus expenses up to 100% of fee plus expenses expenses M TAM'�� R C9 Robert S. Noe, Jr. City Manager City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 • Facsimile (954) 724-2454 October 13, 1997 Dr. R. William Mathis, Ph.D. Mathis and Associates 3435 Valle Verde Drive Napa, CA 94558 Dear Dr. Mathis: I am pleased to advise you that at its meeting on October 8, 1997, the Tamarac City Commission approved a resolution to execute an agreement with Mathis and Associates as the Facilitator for an Early Retirement Program. Enclosed is a copy of the approved Resolution for your records. The Director of Finance, Mr. Stanley D. Hawthorne, will be your contact for all issues. Please feel free to telephone him at (954) 724-1310. If there should be any problems of a serious consequence, I expect you to advise me directly and immediately. The City looks forward to working with you in this important project. c. Director of Finance Attachment Very truly yours, >>-e Robert S. Noe, Jr. Em