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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-274Temp. Reso. #8049 Page 1 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 Page 2 November 12, 1997 Revision #1 11/10/97 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 Page 3 November 12, 1997 Revision #1 11/10/97 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 Page 4 November 12, 1997 Revision #1 11 /10/97 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. 1 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. 2 Exhibit B • 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. 3 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. 4 Exhibit B • 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. 5 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. • 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 r� 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 11