HomeMy WebLinkAboutCity of Tamarac Resolution R-97-2451
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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
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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.
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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.
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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
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(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.
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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.
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Exhibit A
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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.
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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.
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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.
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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
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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.
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Exhibit A
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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.
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Exhibit A
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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