HomeMy WebLinkAboutCity of Tamarac Resolution R-97-274Temp. Reso. #8049
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November 12, 1997
Revision #1 11/10/97
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97 .2 7q
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 PHASES 2 AND 3 OF THE EARLY
RETIREMENT PROGRAM AT A COST NOT TO
EXCEED $37,000 PLUS RELATED EXPENSES;
AUTHORIZING A TRANSFER OF FUNDS;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has considered enacting an early retirement program
benefiting eligible City employees; and
WHEREAS, on October 8, 1997, the City Commission approved Phase 1
of the three phases which constitute the Early Retirement Program (ERP); and
WHEREAS, Phase I consisted of the plan design, the products of which
are the development of a comprehensive ERP proposal and engagement of a
program facilitator; and
WHEREAS, Phase 2 (Introduction to City Plan) would consist of official
notifications and offers to eligible City employees; and
WHEREAS, Phase 3 is the implementation phase for effecting employee
separations and changes to the organization; and
Temp. Reso. #8049
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November 12, 1997
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WHEREAS, the City has determined that an early retirement program
facilitator will be effective in introducing and otherwise effecting the
implementation 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 has provided for the design of an ERP to ensure that
the program is cost effective, actuarially sound, and legally defensible; and
WHEREAS, projected costs of the facilitator's services have been
estimated 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, A cost benefit analysis has been completed by the City's
Budget Office, with net one time savings estimated to equal $ 339,000 assuming
potential costs and benefits of the ERP; and
WHEREAS, the cost for professional services including those for the
facilitator are estimated to be offset by net savings from implementation of the
early retirement program; and
Temp. Reso. #8049
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November 12, 1997
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WHEREAS, available funds exist in the General Fund and other Funds
budget, contingency -special projects, for Phases 2 and 3 of the project; and
WHEREAS, the City Manager recommends entering into agreement with
Mathis and Associates for the introduction and implementation phases 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 Phases 2 and 3 for
introducing and implementing an early retirement program.
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 Phases 2 and 3, attached
hereto as Exhibit B, in an amount not to exceed $37,000 for professional services
plus expenses for introducing and assisting in the implementation of an early
retirement program.
SECTION 3: Authority for transfer of funds for funding Phases 2 and 3 of
the project from the contingency -special projects account (General and other
Temp. Reso. #8049
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November 12, 1997
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Funds budget) 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.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this /a
ATTEST:
CAROL A. EVANS, CMC, CITY CLERK
I H EBY CERTIFY thnf I have
pr vea this REWLUWN form.
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day of Nam- ,1997.
RECORD OF COMMIS;
MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4:—COMM. ROB RT
VOTE
Exhibit B
AGREEMENT
Between the City of Tamarac
And Mathis and Associates
For the Introduction and Implementation of an
Early Retirement Program
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered
into this day of ,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
introduction and implementation of a voluntary Early Retirement Program (ERP).
WITNESSETH
WHEREAS, The City has considered a voluntary early retirement program
benefiting eligible City employees; and
A& WHEREAS, the City has determined that an early retirement program Facilitator
will be effective in introducing to the organization and otherwise effecting the
implementation of early retirement; 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 introducing and implementing 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
10 Scope of Services attached hereto as Appendix C in order to assist the City in
the introduction and implementation of an. Early Retirement Program (ERP).
Exhibit B
C7
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 effecting the ERP proposal and implementation
plan and shall remain in effect until terminated by the City pursuant to written
notice, or completion of the objectives of this Agreement which are to introduce
and implement 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 $37,000 professional
services fee arrangement described in the Scope of Services in Appendix C on
the percent completed basis described in the Project Schedule in Appendix D.
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 $12,000.
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 requirements.
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 B
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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 B
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.
16. 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. Governing Law and Venue. This Agreement shall be governed by the
laws of the State of Florida. Should any legal action be required pursuant to this
Agreement, venue shall be in Broward County, Florida.
19. 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 B
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1J
CITY OF TAMARAC:
Robert S. Noe, Jr.
City Manager
7525 N.W. 88th Avenue
Tamarac, Florida 33321
(954) 724-2454/fax
With copy to:
Mitchell S. Kraft
City Attorney
7525 N.W. 88th Avenue
Tamarac, Florida 33321
(954) 724-2454/fax
FACILITATOR:
R. William Mathis, Ph. D.
Mathis and Associates
3435 Valle Verde Drive
Napa, CA 94558
(707) 252-1349/fax
20. Amendments. No amendments to this Agreement shall be binding on
either party unless in writing and signed by both parties.
21. 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 B
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:
Carol A. Evans, CMC, City Clerk
APPROVED AS TO FORM
Mit l�if S. Kraft,
r�
u
MATHIS AND ASSOCIATES
By.
R. William Mathis, Ph.D.
CITY OF TAMARAC, a municipal
corporation of the State of Florida
By:
J e Schreiber, Mayor
Robert S. Noe, Jr.
City Manager
101
Exhibit B
is
APPENDIX C
PHASES 11 - III
SCOPE OF SERVICES
The general scope of services for Phases II and III shall involve the following:
Assist in the introduction and implementation of an Early Retirement Program
(ERP) for the City which is financially and legally defensible and includes a
cafeteria selection of early retirement benefits; Review and advise on financial
and actuarial impact of the Early Retirement Program; Advise and assist with
legal requirements for the introduction and implementation of an early retirement
program. Develop measurements of participation levels to ensure meeting
financial and personnel objectives of the Early Retirement Program. 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. Assist the City in measuring the projected organizational
impact of the Early Retirement Program and advise on appropriate organizational
behavior goals including conducting up to two planning retreats with staff and/or
with the Commission. Provide assistance to eligible employees designed to meet
their personal and assessed needs including retirement and financial counseling
and individualized out placement plans. Provide progress reports on activities of
employees receiving services identified in scope #6.
PHASE II - INTRODUCTION TO THE CITY PLAN
Activities
General announcement of the plan/opportunity
Setting initial appointments with facilitator (1 hour initial time
per employee)
Examine options, needs of employees. Facilitator to
schedule next appointment if interest and opportunity exists.
Estimation of time for this phase is 7 Y2 days of professional
time.
Note: 1/2 day of time with Finance Director in setting up
benefits, cost tables, and scheduling.
0 Estimated Cost: $12,000 plus expenses
rl
Exhibit B
0 APPENDIX C (continued)
is
PHASE III — IMPLEMENTATION OF CITY PLAN
Activities
Planning sessions with employees on retirement or transition
Follow up testing and consultation by phone
Concluding offers
Planning sessions with City staff on transitions and
organizational impact
Estimated Cost: $1,600 day plus expenses
Fee and Costs
For services provided by Mathis and Associates, the fee for professional services
for the proposed scope of services for Phases 2 and 3 of the Early Retirement
Program will not exceed $37,000. 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 five on -site visits by representatives of Mathis
and Associates consisting of a minimum twenty days for introductory and
implementational activities. Fees will be based on an assessment of actual time
spent at standard rates as follows:
R. William Mathis, Ph.D $200.00/Hour
Associates 156.50/Hour
Support Services 40.00/Hour
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 $12,000.
E:3
Exhibit B
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APPENDIX D
PHASES II - III
INTRODUCTION/IMPLEMENTATION OF
EARLY RETIREMENT PROGRAM
ACTIVITY
SCHEDULE/DUE DATE
PAYMENT
November 12
Commission Resolution authorizing an
agreement with Mathis and Associates for
Phase 2 (Introduction) and Phase 3
(Implementation) of the Early Retirement
Program.
December 1-10
Initial appointments with Dr. Mathis
up to 33% of fee
(1 hour initial time per employee)
plus expenses
January 5-9
Follow up testing and consultation by
up to 50% of fee
Dr. Mathis
plus expenses
January 26-27
Concluding offers with Dr. Mathis
up to 66% of fee
plus expenses
February 16-19
Transitional consultation
up to 85% of fee
plus expenses
March 23-26
Organizational impact consultation
up to 100% of fee
plus expenses
NOTE: All dates are tentative
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