HomeMy WebLinkAboutReso 2000-295
RESOLUTION NO. 2000 - 6.9..S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A CONTRACT
BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND
CHOICE HIRE FOR HUMAN RESOURCES SERVICES AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO, IN AN
AMOUNT NOT TO EXCEED $21,850.00; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE SAID CONTRACT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is a fully operational city, providing essential
health and welfare services to its residents, and
WHEREAS, in its mission to provide said services, the staff of Sunny Isles Beach has
grown to a level of one hundred plus (100+) full and part time employees; and
WHEREAS, it has been determined that at this time the City is in need of various human
resources services; and
WHEREAS, Choice Hire has represented that it has substantial expertise in field of
human resources and has agreed to provide certain human resources services to the City, as
outlined in the attached Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Contract. The contract by and between the City of Sunny Isles Beach
and Choice Hire, in an amount not to exceed Twenty-One Thousand Eight Hundred Fifty Dollars
($21,850.00), for various employment services as outlined in Exhibit "A" attached hereto, be, and
the same, is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized do all
things necessary to effectuate the agreement.
Section 3.
Effective Date. This Resolution shall become effective upon adoption
PASSED AND ADOPTED this 14th day of Decemb r,2000.
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Choice Hire Employment Services Agreeement - Res
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Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Vote: 5-0
Mayor Samson
Vice Mayor Kauffman
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
Choice Hire Employment Services Agreeement - Res
Moved by:
Seconded by:
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CITY OF SUNNY ISLES BEACH
EMPLOYMENT SERVICES AGREEMENT
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THIS Consulting Agreement (hereinafter referred to as the "Agreement") is made in
duplicate, this \{X- day of ~~, 2000, by and between the CITY OF SUNNY
ISLES BEACH, Florida, (hereinafter referred to as the "City"), and CHOICE HIRE, a Florida
corporation (hereinafter referred to as the "Consultant").
RECITALS
WHEREAS, Choice Hire, (the "Consultant") is primarily in the business of providing
employment consulting services; and
WHEREAS, the Consultant has represented that it has substantial expenence III
preparation of employee materials and programs for municipalities; and
WHEREAS, Consultant desires to enter into an agreement with the City (the "City") to
perform the services included in the Scope of Services attached hereto as Attachment A;
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
I. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and
made a part hereof for reference.
2. CONSULTING SERVICES. Consultant shall provide to the City, consulting services
and advice in connection with the preparation of a Human Resource Audit as more particularly
described in Attachment "A" attached hereto and made a part hereof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 8 hereunder, the term of this Agreement shall begin upon the execution of this
agreement and shall end upon the completion of services described in Attachment "A", and may
be extended as necessary, in writing by the parties hereto
4. COMPENSATION. As the entire compensation to the Consultant for its services to the
City under and during the term of this Agreement, in whatever capacity rendered, the City shall
pay to the Consultant the sum as TWENTY-ONE THOUSAND EIGHT HUNDRED FIFTY
DOLLARS ($21,850.00). Payment of said compensation shall be made in the following manner:
a. One-third (1/3) of balance ($7,283.33) due upon commencement.
b. One-third (1/3) of balance ($7,283.33) due 45 days from date of commencement.
c. Balance ($7,283.34) due upon completion of the last project.
5. ADDITIONAL SERVICES. If the need for additional work or changes under this
Agreement is identified by Consultant during the course of performing its obligations hereunder,
Consultant shall set forth such additional work and the cost thereof in a proposed Work Order
Employment Services Agreement - Choice Hire
and submit such Work Order for approval by the City. No such additional work shall be done or
paid for without the specific prior written approval ofthe City.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent
contractor and shall be treated as such for all purposes. Nothing contained in this agreement or
any action of the parties shall be construed to constitute or to render the consultant an employee,
partner, agent, shareholder, officer or in any other capacity other than as an independent
contractor other than those obligations which have been or shall have been undertaken by the
City. Consultant shall be responsible for any and all of its own expenses in performing its duties
as contemplated under this agreement. The City shall not be responsible for any expense
incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or
pay Social Security taxes and that such obligations shall be that of the Consultant, other than
those set forth in this agreement. Consultant shall furnish its own transportation, office and other
supplies as it determines necessary in carrying out its duties under this agreement.
7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the
Consultant pursuant to this agreement and related services to this agreement are intended and
represented for the ownership of the City only. Any other use by Consultant or other parties
shall be approved in writing by the City.
8. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its
officers, agents, employees from, and against any and all claims, actions, liabilities, losses and
expenses including, but not limited to, attorney's fees for personal, economic or bodily injury,
wrongful death, loss of or damage to property, at law or in equity, which may arise or may be
alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the
Consultant, agents or other personal entity acting under Consultant's control in connection with
the Consultant's performance of services pursuant to that agreement and to that extent the
Consultant shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses including wrongful termination
or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees
expended by the City in defense of such claims and losses including appeals. The parties agree
that ten percent (10%) of the total compensation is a specific consideration from the City to the
Consultant for this indemnity.
9. TERMINATION.
A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a
timely manner or otherwise violate any of the covenants, agreements or stipulations material to
this agreement, the City shall have the right to terminate the services then remaining to be
performed. Prior to the exercise of its option to terminate for cause, the City shall notify the
Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10)
days to cure such default. If the default remains uncured after ten (10) days the City may
terminate this agreement
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant (and sub consultant(s)) shall be
delivered to the City and the City shall compensate the Consultant for all
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Employment Services Agreement - Choice Hire
services satisfactorily performed pnor to the date of termination, as
provided in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the
agreement by Consultant and the City may reasonably withhold payments
to Consultant for the purposes of set-off until such time as the exact
amount of damages due the City from the Consultant is determined.
B. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience
and without cause terminate the services then remaining to be performed at any time by given
written notice which shall become effective ten (10) days following receipt by Consultant. The
terms of Paragraphs A(i) and (ii) shall be applicable hereunder.
C. TERMINA TION FOR INSOLVENCY. The City also reserves the right to terminate the
remaining services to be performed in the event the Consultant is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
10. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Consultant shall not
subcontract, assign or transfer any work under this agreement with the prior written consent of
the City. Should the Consultant subcontract any services under this agreement, it shall be done
with continued liability for the Consultant. The Consultant shall remain responsible for services,
responsibilities and liabilities of the subcontractor or any person or entity acting under
Consultant.
11. TIME OF COMPLETION. The services to be rendered by the Consultant shall be
commenced upon execution of this contract and shall be completed within the time specified in
this agreement. A reasonable extension of time shall be granted in the event the work of the
Consultant is delayed or prevented by the City or by circumstances beyond the reasonable
control of the Consultant including weather conditions of acts of God which render the
performance of the Consultant's duty impracticable.
12. INSURANCE REQUIREMENTS. Consultant shall maintain workmen's compensation
insurance as required by Florida law and shall furnish a copy of insurance certificate to the City.
13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder, then, such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration. And their
respective attorneys' fees as may be determined by the court on confirmation.
14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of
this Agreement or any time for a period of TEN (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
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Employment Services Agreement - Choice Hire
person or entity, other than in the discharge of the duties of the Consultant under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Consultant of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for
violating such provisions.
15. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City, shall be addressed to it, to the attention of the City Manager for the City
of Sunny Isles Beach, at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160
with a copy to the City Attorney at the same address. If the notice is intended for the Consultant,
it shall be addressed to Larry L. Van Dusseldorp, President & CEO, ChoiceHire, 3111 Stirling
Road, Suite 307, Fort Lauderdale, Florida 33312.
16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
17. AUDIT. The Consultant shall make available to the City or its representative all required
financial records associated with this Agreement for a period of THREE (3) years.
18. NON-DISCRIMINA nON. The Consultant agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act
of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause.
The Consultant agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the
Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City
of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully
set forth herein, in connection with the Agreement conditions hereunder.
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Employment Services Agreement - Choice Hire
..
The Consultant covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of the
services. The Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall knowingly be employed by the Consultant. No member of, or
delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising therefrom.
20. MISCELLANEOUS. The Consultant shall provide the City with a copy of all of its
finished work-product(s), including the finished report, on an IBM-compatible operating system
computer disk(s).
21. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly
incorporated herein by reference, contain the entire agreement of the parties, and may be
amended, waived, changed, modified, extended or rescinded only by a writing signed by the
party against whom any such amendment, waiver, change, modification, extension andlor
rescission is sought.
IN WITNESS HEREOF, the parties hereunto set their hands and seals as of the date
first above written.
Witness:
Witness:
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Employment Services Agreement - Choice Hire
By:
Larry
CIT~NYIS~~H:
By: ~/
Christopher J. Russo, City Manager
APPROVAL AS TO LEGAL FORM
AND S FFICIENCY.
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
5
Chei
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Hire'"
November 8th, 2000
Mr. Christopher Russo
City Manager
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach. Florida 33160
Dear ?vIr. Russo:
As usual, it was a pleasure meeting with you and your staff. What follows is a revised
proposal based on our discussions. For the sake of simplicity, those items that were
deferred do not appear below.
PROJECTS
STEP 1
I
Preparation of Job Descriptions & Conduction of Surveys:
S 8,800.00
· Conducting Job Analysis
· Preparing Job Descriptions for approximately 45 jobs
Identification and Development of Standards of Pe rform ana
Inclusion of same in Job Descriptions
Conduction of Surveys
n Revision of Employee Handbook &
Creation of Operations l\lanual:
S 9,300.00
.
Determination of what is to be included and addition of policies not currently addressed
in Employee Handbook (jointly in advisement with CSIB management)
Determination of what is to be in the policies and procedures and
creation/revision/addition of what is to be included in Human Resources Policies and
Procedures section of the document (jointly in advisement with CSIB management)
Preparation of draft and final document of both sections
.
.
m New Employee Orientation Program:
S 3,750.00
.
.
Determination of material to be included
Preparation of documentation and supporting audiovisuals
Preparation of checklists. acknowledgements and testing materials
Training ofindividual(s) to present program
.
.
3111 Stirling Road, Suite 307, Fort Lauderdale, Florida 33312
1-800-825-0244 · Fax 954-964-9026 · WVV'N.choicehire.com
Proieet Duration:
All of the projects quoted can be completed concurrently within three months from
commencement of the projects subject to the 3\<lllability of information and required contact
pcrsolUlcl, the response time of information sources and the speed with which the City desires
the completion of these projects.
FEE Schedule:
Projects are payable in three installments; the day the projects begins, 45 days from the date of
project initiation, and at the time documentation associated with the last project is presented.
We can start immediately. However, as an example, should the project start on No....-ember 15th
payments would be due on November 15th (113: $7,280), December 31st (1/3: $7,280), and
February 15th (Balance: $7,290).
If there are any questions or items that need clarification, please don't hesitate to contact me at
1-800-825..0244.
Sincerely,
L. Pujol, SPHR
eni or Consul tant
ChoiceHire
cc: James DeCocq. Assistant City Manager/ City of Sunny Isles Beach
Alyce L. Hanson, Administrative Services Director/City of Sunny Isles Beach
.;'Lynn Dannheisser, City Attorney
Jean Watson, Finance Director/City of Sunny Isles Beach
Larry VanDusseldorp, President & CEO/ChoiceHire