Loading...
HomeMy WebLinkAboutReso 2004-677 RESOLUTION NO. 2004- ~ 71 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND BENNETT YARGER & ASSOCIATES, INC., FOR AN ORGANIZATION STUDY, IN THE AMOUNT OF $31,500.00, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; 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 a consultant to prepare an organization study for an analysis of the City's departments; and WHEREAS, proposals were solicited from three firms specializing in the provision of these services for the public sector and staff has reviewed the proposals and the City Manager now wishes to enter into a Professional Services Agreement with the firm of Bennett Yarger & Associates, Inc.; and WHEREAS, the firm of Bennett Yarger & Associates, Inc., has substantial expertise in this field and has conducted similar organization studies for numerous government agencies and has submitted a proposal for services, attached hereto as Exhibit "A" in the amount of Thirty-One Thousand Five Hundred Dollars ($31,500.00); and WHEREAS, the professional service requested under the aforementioned contract is exempt from the competitive bidding requirements under Ordinance No. 2000-101. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving of Professional Services Agreement. The City Commission hereby approves the Professional Services Agreement between the City and Bennett Yarger & Associates, Inc., attached as Exhibit "A", to prepare an organization study. Section 2. Authority of City Manager. The City Manager is hereby authorized to enter into a Professional Services Agreement and to take whatever action is required to effectuate the proposed terms and conditions contained in said Exhibit "A", in the of $31,500.00. R2004. Bennett Yarger Assoc., Inc., Prof. Srvs. Agmt 1 Section 3. Effective Date. This Resolution will become effective upon adoption. ...; ~ , 'ATfE$'t: / , .) \. ,,' \. . ~ . -..,' . :~. Jane~A. Hiries, it.y,Clerk '-. .~".:; I ~,.,' (~../. "I ;:;. ~ "< ..../ APPROVED AS TO FORM AND LEGAL SUFFICIENCY Seconded by: Ch'\YY'\.\ ~ S 'OlOt_~:rGLf S (B:f C'J) m )'YV\S~ \i)N'tt2.. T HALuc Moved by: Vote: $.-0 Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis J. Thaler --LL~es) --c;R: es) ~c.Yes) ~S) _(Yes) _(No) _(No) _(No) _(No) _(No) R2004- Bennett Yarger Assoc" Inc., Prof. Srvs. Agmt 2 '. CITY OF SUNNY ISLES BEACH CONSUL TANT AGREEMENT CONTRACT NO. 04-97362-01 THIS CONSULTANT AGREEMENT made and entered into this ~ Q4 day of -YY\ ''Pry 2004, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City") and Bennett Yarger Associates, authorized to do business in the State of Florida, (hereinafter referred to as "Consultant") . WHEREAS, the Consultant is a qualified management consultant firm; and WHEREAS, the City wishes to employ Consultant to advise and assist with a strategic analysis of several departments of the City including Administrative Services, Code Enforcement, Cultural & Human Services, Finance, Human Resources, Public Works, Planning, the City Attorney's Office, and the City Clerk's Office for the Staffing Study Project as well as other tasks as more specifically described in Exhibit "A," attached hereto and made a part hereof; and, WHEREAS, the Consultant is qualified, willing and able to provide the desired services on the terms and conditions set forth herein; NOW THERFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference. 2. SERVICES TO BE PERFORMED. Consultant shall perform the following services: a. Specialized assistance for identifying short term savings and process improvement that will be consistent with and support well thought out long term budgetary and organizational strategies of the City over the next five (5) to ten (10) years including the development of a Municipal Services Master Plan for the City of Sunny Isles Beach, which will set the basis for long term as well as immediate actions for the City to consider as it meets current budgetary and demand for service challenges as well as those services more particularly described in Exhibit "A" attached hereto and made a part hereof. b. Consultant will prepare and present oral/written reports as needed or as requested on a periodic basis while engaged in the project. Consultant shall provide, a draft report containing the Consultant's initial findings. Recommendations shall include specific actions the City can take in the current budgetary cycle. These recommendations should also be taken in the context of a framework for longer-term changes. The Consultant shall also provide a detailed final narrative report to the City Manager delineating all services provided by the Consultant in the project. Each report required herein will be submitted to the attention of the City Manager. 10 Exhibit" A" SIB City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax c. The total price for these services inclusive of all out of pocket expenses (including travel, meals, lodging, and other direct expenses necessary to carry out the project) is Thirty One Thousand Five Hundred Dollars and 00/100 ($31,500.00), payable as invoiced. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 10 hereunder, the term of this Agreement shall be from May 21, 2004 to completion, not to exceed September 30, 2004, and shall begin within ten (10) days after notification to proceed. Any change in fee, terms or conditions shall be accomplished by written amendment to this contract. 4. COMPENSATION. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any and other additional charges, if not properly included on this final invoice are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 2 Bennett Yarger Consulting Agreement Attorney/Agreements 5113/2004N SIB City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to Consultant. Upon termination, the City may bid/re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed conditions. 6. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant 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 Consultant 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 services 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. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below: I:J Comprehensive General liability insurance -- including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. I:J Workmen's Compensation, with no less than $100,000 for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City, its agents, employees and officials. I:J Errors and Omission -- Consultant shall carry a minimum of $500,000 coverage for errors and omissions. I:J Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for limits of not less than $500,000 per occurrence, Combined Single Limit or its equivalent. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. 3 Bennett Yarger Consulting Agreement Attorney/Agreements 5/13/2004 SIB City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy (ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub-consultants providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. 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. Consultant shall deliver to the City for approval and acceptance, and before being eligible for final payment or any amounts due, all documents and materials prepared by, and for, the City under this Agreement. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the City, or at its expense, will be kept confidential by the Consultant and will not be disclosed to any other party, directly or indirectly, without the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Agreement for, or at the City's expense, shall be and remain the City's property and may be reproduced and reused at the discretion of the City. The City and Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 4 Bennett Yarger Consulting Agreement Attorney/Agreements 5/13/2004 SIB '. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 9. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, and 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. 10. 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. 1. 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 services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. 11. 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. Ill. After receipt of a Termination Notice and except as otherwise directed by the City, the Consultant shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 5 Bennett Yarger Consulting Agreement Attorney! Agreementsi51l3/2004 SIB City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. Transfer all work in process, completed work and other materials related to the terminated work to the City. 4. Continue and complete all parts of that work that have not been terminated. b. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed in the event the Consultant is placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit of creditors. c. Termination 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. 11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement without 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 any person or entity acting under Consultant. 12. 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. 13. AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City prior to commencement of work under this Agreement. 14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the work, including alterations, reductions or additions thereto. Upon receipt of the City's notification of a contemplated change, the Consultant shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the contemplated change shall affect the Consultant's ability to meet the completion dates or schedules of this Agreement. 15. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be Thomas J. Acquaro, Human Resources Director, telephone number 305/947-0606. Consultant shall not respond to requests for services under this Agreement unless the request is received directly from Thomas J. Acquaro or Christopher 6 Bennett Yarger Consulting Agreement Attorney/Agreements 5/1 3/2004 SIB City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax J. Russo, City Manager, or designated personnel. Any requests received from other City departments/divisions shall be referred to the City Manager's Department representative designated above. Services performed without authorization shall be considered unauthorized and shall not be compensated/paid by the City. 16. 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. The non-prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the parties 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. 17. 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 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. 18. 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 to Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and, if intended for Consultant, shall be addressed to Bennett Yarger Associates Attention: Donald I. Jacobs. 19. GOVERNING LAW. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 20. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 21. NON-DISCRIMINATION. 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 I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with 7 Bennett Yarger Consulting Agreement Attorney/Agreements 5/13/2004 SIB " City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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/family 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. 22. 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 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. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance of the services. 23. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. 24. MISCELLANEOUS. a. The rights granted to Consultant hereunder are nonexclusive, and the City reserves the right to enter into agreements with other persons or firms to perform services including those provided hereunder. b. Consultant and its employees shall promptly observe and comply with applicable provisions of all published federal, state and local laws, rules and regulations which govern or apply to the services rendered by Consultant hereunder, or to the wages paid by Consultant to its employees. c. Consultant shall obtain and keep in force during the term of this Agreement all necessary licenses, registrations, certificates, permits and other authorizations as are required by law in order for Consultant to render the service(s) required hereunder. 8 Bennett Yarger Consulting Agreement Attorney/Agreements 5/1 3/2004 S\B City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax d. Consultant shall not use the name or official seal of the City in any promotional material without the prior written consent of the City. e. Except as expressly provided for in this Agreement, Consultant is not authorized to act as the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder, either in Consultant's relations with sub-Consultants, or in any other manner whatsoever. 25. ENTIRE AGREEMENT. This Agreement and Attachment Exhibit "A," which is expressly incorporated herein by reference, shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 26. AMENDMENT. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting granting such waiver. 27. 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. Consultant shall deliver to the City for approval and acceptance, and before being eligible for final payment or any amounts due, all documents and materials prepared by, and for, the City under this Agreement. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the City, or at its expense, will be kept confidential by the Consultant and will not be disclosed to any other party, directly or indirectly, without the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Agreement for, or at the City's expense, shall be and remain the City's property and may be reproduced and reused at the discretion of the City. The City and Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 9 Bennett Yarger Consulting Agreement Attorney/Agreements 5/13/2004 SIB City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. WITNESS: ~~ Print Name: ceti LtoI'1/Javrs. Prin~~KY A nEST. '. ~.. ".....:' ~';"'~':'('y, U {"i: .~ . ,~ J; .') - "_.. ,- - J j, ,_'_ "_,'_ ..._ _#- ..,,. "__' _ .' (" \., J ~......" ",'. ". >.' . ~..:';' ':.. ". . "'{.in ',..:c ..,'. ~_'. _~ :, ~/'6~if., Hinrj' Ply Clerk ' {.~ \:', .. ; i;'J' \.. 'I I" \ ( ) ... .:-..... ',r, ~l ~":r _ .~'...;J ~ ~. ..\, t ,F BENNETT YARGER ASSOCIATES Print/type CITY OF SUNNY ISLES BEACH BY:~~ Christopher 1. Russo, City Manager APPROVED AS TO FORM ANDL A I NCY Attachments: Exhibit A . , Resolution No. Q.,OO"t- ~ 1 '1 10 Bennett Yarger Consulting Agreement Attorney/Agreements 5/14/2004 SIB ') Bennett Yarger & Associates, Inc. Serving the Nation's Local Governments Since 1953 APR 1 6 2004 City of IuM~ Ic'nleloh OffICe of the City ~ Request for Proposal Organizational Study Proposal For the City of Sunny Isles Beach, Florida Contact Person Don 1. Jacobs Senior Managing Associate Bennett Yarger and Associates, Inc. (508) 829-2254 ) Eastern and Corporate Headquarters Office 335 Washington Street Suite 12 Norwell, MA 02061 Telephone: (703) 560-6900 FAX: (703) 698-7084 Southern Office 7 Drayton Street Suite 214 Savannah, Georgia 31401 Telephone: (912) 233-4343 Fax: (912) 233-5353. Western Office 11167 Cartridge Street Boise, Idaho 83713 Telephone: (208) 672-0040 FAX: (208) 672-0060 April 15, 2004 ) Exhibit" A" ') Table of Contents Transmittal Letter Executive Summary: Our Understanding of the Project 1 BenneWYarger Experience 2 Staffing Plan: Project Management Team 3 Project Methodology 5 Strategic Master Plan 9 Client References 10 ) Cost Basis for Proposal 11 Project Time Schedule 12 ) Bennett Yarger & Associates, Inc. Serving the Nation's Local Governments Since 1953 Letter of Transmittal April 15, 2004 Mr. Christopher J. Russo City Manager City Hall 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Dear Mr. Russo: Thank you for the opportunity to respond to your request for proposal (RFP) to conduct a study to conduct an analysis of several municipal departments including administrative services, code enforcement, human services, finance, human resources, planning, legal and city clerk. Bennett Yarger & Associates, Inc., (BY A) is one of the nation's most experienced local government consulting firms specializing in position classification, compensation, performance evaluation and related management and organization studies. Since the founding of Yarger and Associates, Inc in 1953 and the founding of Bennert Associates, Inc. in 100\ (subsequently merged), we have conducted more than 100 organization and analysis studies for local g\. ./tnments and special-purpose districts throughout the nation. We appreciate the opportunity to present Ouf qualifications for providing the City with a comprehensive review of its municipal services. As a Senior Managing Associate and subject to the final approval of BY A President and Chief Executive Officer, Richard Bennett, I am the person with the authority to negotiate and contractually bind BY A with regard to this proposal. My name, title, address, and telephone number are shown on the cover of this Proposal. I am also the person who can be contacted for prompt contract administration upon contract award and will personally serve as our firm's project director throughout the course of the project. I will be the responsible party for all project operations and activities on a day-to-day and overall basis. As project director, I will be on-site for all major project activities, including initial briefings, and project updates for the City's project coordinator, and other designated City personnel, the distribution of information, questionnaires, employee interviews (i.e., field audits), review of our draft report, regular project progress ! reports and presentations of recommendations to appropriate parties. These responsibilities will not be delegated to other staff members or associates subsequent to the signing of a contract. Based on BY A's 50+ years of experience and continuing service to local governments in conducting municipal organization and service studies we have a thorough understanding of the City's goals and objectives for the study. ) Prominent features of our proposal include those listed below: OJ ) '.."". ) . Extensive efforts are devoted early and throughout the project to ensure a thorough understanding of City's proj ect objectives and all related past, present as well as future issues, to ensure quality recommendations and to ensure quality control over all components of the project; · Easy and rapid access to the City's Project Manager, department heads and designed others to ensure that project stakeholders are able to personally interact with me and other project staff team members and to have their questions and concerns addressed without significant delays. The office and home telephone numbers and email address of me and the other members of our consulting team will be provided to the City's Project Director to enhance quick and easy communications on important project issues. Such close communication is required not only to tract project progress but also to establish a quick rumor response on project issues; · Bi-weekly written project progress reports to the City's Project Director and department heads as applicable to keep track of our progress in conducting and completing the study; . Conducting personal interviews with a statistically valid number of employees in each class of positions, plus all supervisory employees, all employees identified by the City or BY A for targeted attention, any employee requesting an interview and others selected by us to ensure quality interaction and communication with all involved employees and to secure adequate information for making sound recommendations affecting internal operations and external competitiveness. It is our experience that BY A will personally interview at least 70% of all employees included in the study in both individual and group interviews. While conducting an organization or service study is an analytical process, it is also a human process that usually is of great interest and concern to employees and other local interested parties. We believe that it is critical to establish and maintain good communications with employees and all other local parties that have a vested interest in the outcome of the study to provide credibility for our subsequent recommendations; · Working closely with all management and supervisory personnel to better understand current and potential future operational and administrative difficulties and organizational requirements so that the final plan has relevance for both short-term and long-term organizational and management needs. · The assignment of senior associates with extensive experience in the development and successful implementation of all of our projects. All of our senior associates have a bachelor's and/or master's degrees in public administration or closely related fields and practical hands-on experience in the provision of municipal services in communities of comparable size to the City of Sunny Isles Beach. All of our senior associates have extensive experience in conducting organizational service studies for town and City governments and are familiar with the work of all of the positions in this study; ') We have a successful record of conducting and implementing organization studies for our local government clients that result in improved efficiency, cost savings and staff accounta~ility. .We welcome the opportunity to work with you and your staff on this challenging project. Please do not hesitate to let me know if you need any additional information. Sincerely, Donald 1. Jacobs Senior Managing Associate Cc. Enclosure ) ) ') Executive Summary: Our Understanding oftbe Project The City of Sunny Isles Beach, Florida is seeking to conduct a strategic analysis of several departments of the City including Administrative Services, Code Enforcement, Human Services, Finance, Hwnan Resources, Public Works, Planning, Legal, and City Clerk. While significant short term budgetary pressure is an issue, the City is interested in identifying short term savings and process improvement that will be consistent with and support well thought out long term budgetary and organizational strategies of the City over the next five- (5) to ten- (10) years. Accordingly, it is our understanding that the development of a Municipal Services Master Plan will set the basis for long term as well as immediate actions for the City to consider as it meets current budgetary and demand for service challenges. ') A key element of this project is the presentation of a draft report containing the consulting team's initial findings. These recommendations, to be useful, must include specific actions the City can take in the current budgetary cycle. However, these recommendations should also be taken in the context of a framework for longer-term changes. Summary: This is a project that needs to be completed on time, establish both a short and long term context for possible substantive organizational change and most importantly, contain practical recommendations that can be implemented by the City of Sunny Isle. ) 1 -) BennettlY arger Experience Bennett/Yarger Associates has been providing services to municipalities throughout the Country since 1981. Dwing that period, it has completed over 500 projects. The firm has two- (2) lines of business: Management Consulting and Executive Recruitment. Bennett Associates has worked with numerous municipalities throughout the country in evaluating their organizational structure and operating capacities. Our methodology and completeness of the work makes us a leading provider of this type of consulting. The most relevant consulting engagements have included: Hartford, CT Population 160,000. In 2003, we completed a comprehensive review and assessment of five- (5) specific municipal functional areas including Housing, Administrative Services, Inspection Services, Financial, and Human Services. The client was a multi ethnic city, the work needed to be completed with in a defmed period of time and the City was undergoing a change in government structure due to a charter change. .-) ./ Brockton, MA. Population 100,000. In 2000, we completed a comprehensive review of six- (6) specific municipal function areas. These included Community and Economic Development, Administrative Services, Planning and Zoning Administration, Human resources and Financial Services. The client was a complex multi-ethnic city, the work needed to be completed with a two- (2) month period and the precise scope of service was determined after the contract was awarded in close consultation with City officials. Salisbury, MA. Population 12,000. In 2003 we completed a comprehensive review of financial services including Accountant, Treasurer, Collector and Assessor functions. The outcome of this study resulted in the establishment of a Finance Department under the direction of a new Finance Director position. Westfield, MA. Population 40,000. In 2001 we completed an analysis of the City's audit department including the procurement function. The outcome of this study resulted in the consolidation of auditing and procurement functions in to one- (10 department and the development of a City-wide Procurement Manual foral! municipal departments. South bridge, MA. Population 20,000, In 2002, we completed a study of the Town's Public Works Department including the provision of highway, water, sewer, building and grounds maintenance services. The outcome of this study resulted in the re-organization of the department to improve supervisory services and the continued outsourcing of water and sewer treatment services. ) 2 ) The experience of Bennett/Yarger Associates as an Executive Recruiter is relevant to our qualifications for this task. We work as recruiters in the public sector. In most of our engagements, we are hired because a municipality is facing some kind of severe crisis or difficulty and new leadership is required. In order to be effective recruiters we must understand and articulate the problems a new executive will face as well as specify the kinds of skills he/she will require. As a result, the typical recruitment project involves diagnosing organizational problems, so that a pool of candidates with relevant skills can be presented. We have recently performed recruitments for the City of Washington D.C. (three- (3) cabinet level positions) and the City of Boston Regional Planning Agency (Executive Director for an organization facing severe budgetary issues). In addition to our consulting experience, the way we staff our consulting engagements is relevant. We use senior, experienced managers and practitioners to staff our engagements. This provides our clients with very high levels of expertise from seasoned professional who have served as top executives in complex organizations. ) Of particular relevance to this project are the skills and client consulting experience brought by Richard Bennett, Donald Jacobs, Mike Lafave and Frank Culross. All of these senior consultants are recognized leaders in enhancing municipal management, organization efficiency and employee performance. Staffing Plan: Project Management Team The consulting team for this project consists of three- (3) senior consultants. Each of these consultants has extensive knowledge of municipalities in Florida and with municipal utilities. Our approach to this engagement is the designation of project leaders to oversee the diverse elements of the business plan analysis and development Management. Dick Bennett. Principal of Bennett/Yarger Associates will be the overall project manager. He will oversee all aspects of the project and ensure quality control. Working collaboratively, Dick Bennett and Donald Jacobs will draft and manage the work plan, coordinate and schedule the project team members, perform consulting work and serve as a reviewer and editor of all elements of the project. Donald I. Jacobs, Senior Associate, will work on the project in Sunny Isles Beach to ensure project continuity and serve as the on-site representative of the firm. ) 3 ') WeJ,lIlticipateusing the following consultants in carrying out the project: Donald Jacobs has extensive experience in all aspects of municipal management. He served as Town Manager of Plymouth and Southbridge, Massachusetts; overseeing all aspects of municipal administration, strategic planning, financial and capital planning. While in Plymouth, he initiated and implemented activity and program-based performance measurement standards, and reorganized the town's organizational structure (18 departments) resulting in increased performance and organizational efficiencies. As a Senior Associate with Bennett/Yarger Associates since 1998, Mr, Jacobs has extensive consulting expertise in human resources, labor matters, organizational analysis, financial planning, management training, classification and compensation services. Mr. Jacobs has recently completed several municipal organization and operational studies including the Town of Salisbury, MA (Finance Department), Town of Sterling, MA. (financial services), City of Brockton, MA (financial services), and the Town of Southhridge, MA. (Public Works). ') Mr. Jacobs holds a Bachelor's of Arts degree from the George Washington University in Washington D.C. and a Master's Degree in Business and Urban Planning from Columbia University in New York. Michael LaFave, Michael J. Lafave is President and founder of Michael J. LaFave Associates, a firm that provides Human Resources and Organizational Management Consulting services. In addition to over fifteen- (15) years of Human Resources Consulting in organizational development, leadership and management development, career development, outplacement, employment and human resources outsourcing, Michael has over twenty years in Corporate Human Resources Management. His broad corporate human resources background includes positions for a number of well-known regional and national fmns including GTE Corporation. Michael's background includes international and domestic human resources experience, having dealt with programs in Europe, Africa, Asia and the Middle East. In the last several years, Mike has completed performance organization studies for a number of municipalities including the Town of Plymouth, MA, Town of Canton, MA, Town ofWilbraham, MA, Village of Os we go, Illinois, City of Rochester, New Hampshire, and the Rhode Island Economic Development Corporation. ) 4 ') ) ) FrankCu/ross,isformerly.theCity Manager of Rye, New York. Heis an expert in all forms of organization analysis, work process measurement and budget management. Project Team Member Responsibilities: As noted above, Mr. Jacobs will serve as the project team manager on-site and will participate in all aspects of the project. All staff consultants will be involved in project meetings, preparation of status and topical reports and recommendations related to their specific responsibilities. Responsibilities of staff consultants assigned to the project are as follows: Donald Jacobs. Senior Associate (Proiect Manager) Review of organizational structure, planning and facilitation workshops, financial and capital planning, interviews with City staff, performance measurement systems, annual reporting of operations and fmances, and preparation of assessment report, draft management plan and final management plan. Michael Lafave and Frank Culross Review of department organizational structure, automation and information systems, communications systems, performance measurement systems, station location analysis, administrative policies, capital planning, interviews with City staff and regulatory agencies, and preparation of assessment report and the final strategic management report. Project Methodology We believe that in order to be effective the project methodology or "process" used must be viewed as being fair, Wlbiased, and comprehensive in scope. In addition, the process must establish and maintain clear lines of communication between the consulting team and the City Administration as well as employees of the City throughout the course of the project. As reflected in the enclosed outline of the proposed organizational process, we plan to conduct a minimum of five- (5) progress meetings with the City Administration during the course of the study. We propose to utilize several different means of collecting specific departmental data and general information about the city. These methods will include holding a series of individual and group interviews with department heads, employees and City Commissioners and the utilization of a confidential employee survey. Please see the enclosed sample employee survey form. 5 <J ) ') <./ The completion of these initial tasks will enable the consultants to compile an in depth profile of each department's operations reflecting each respective department's staffmg, procedural and operational practices and the city from an overall perspective. At the conclusion of this task, the consultants will present their initial findings to the City and discuss specific areas in which we believe there is potential for the most significant improvement. Based upon the comments that we receive from this workshop, the consulting team will proceed to refine their findings, and to identify operational areas with the highest return for management improvements. These fmdings will be presented to the City in the Final Report. As outlined above, we have identified four- (4) major tasks or objectives for this project: 1. Data Collection and Review 2. Employee Interviews and Administration of Employee Confidential Survey 3. Current Department Performance Level Assessment 4. Strategic Master Plan Typically in evaluating the performance of municipal Departments, we utilize the following type of benchmarking information that is based on nationally recognized data points, 1. 2. 3. 4. 5. 6. 7. 8. Department-wide and individual work activity levels Organizational and staffing structure Administrative procedures, practices, and policies Analysis of communications systems Automation and information management Analysis of capital improvement program (if applicable) Review of the condition and suitability of equipment and facilities Review of budgetary operations and personnel administration (staff accountability- department and individual employee goals and objectives Review annual reporting of operations and finances~ and Evaluate potential consolidation and/or outsourcing opportunities Employee attendance records Geographical profile (population, square miles, road miles, industry/commercial profile) 9. 10. 11. 12. 6 ') -DataCollectionand..Review ) ) This task will consist of interviews with department staff and internal clients of the department within the City of Sunny Isles Beach. Interviews will be scheduled with department personnel, public safety users, and state/federal regulatory agency officials for acquiring an understanding of issues and concerns related to the department objectives. In addition, we will interview "internal clients" of the department. Theses clients will consist of representatives of other City departments (Police, DPW, Inspections etc.) The results of these interviews, combined with the data review described herein, will form the basis for the completion of a general review of the City and the departments included in the study and serve as a basis for a preliminary discussion with City officials regarding our preliminary findings. During our records and data review, we will examine: . The City's Charter, Ordinances, and related local and state rules and regulations that prescribe the legal basis for the administration and operation of the various department. All current labor and/or employment agreements The organizational structure focusing on operating procedures, reporting relationships, evaluation of work performance, establishment of department and individual employee goals and objectives, and department staffing responsibilities, Department operating and [mancial planning budgets and forecasts for the purpose of determining the use of performance management tools in the budgeting and forecasting process, and capital budgets to identify methods used to prioritize, rank, and fund capital projects. Automation and information management system practices with an emphasis on how these support the department's business and service operations; examining the financial system (general ledger, subsidiary ledgers, accounts payable, cash disbursements) and the link to operational activity records management; and integration with the City's financial system; the equipment and fixed asset inventory system and integration with the City's system; and the work order system and integration with the City's financial system. Business performance measurement systems, examining in particular existing internal management reports; public safety programs and activity structure; program and activity budget allocations; work schedules and how work hours are recorded by program or activity. Current department goals, objectives or performance targets; existing measures of . . . . . . 7 ') ~ --program-and activity budget allocations; work schedules and how work hours are recorded by program or activity. Current department goals, objectives or performance targets; existing measures of input, output, outcome and efficiency; and employee performance management Reporting of operations and finances including an examination of current financial reports to determine basis of reporting (modified accrual or accrual) and to determine if fixed assets are recorded and depreciated; determine if financial reports are capable of reporting the Budget Comparison (budgetary basis), Fund Statements (modified accrual) and Government-wide statements (accrual basis) under the new General Accounting Service Bureau (GASB) financial reporting model. Review of activity levels over the past five- (5) years to determine current work levels including projected future work levels. ~ ~ Current Performance Level Assessment ) Based upon the results of the data and information collection process as stated above, we will present the City with a detailed qualitative and quantitative assessment of current performance and efficiency relative to each department's business practices, processes, and operations. The assessment will be presented in a report that summarizes performance and efficiency by eachfunctional area as requested by the City. This assessment will prioritize improvement areas and list administrative and operational policies, goals and objectives necessary to implement improvements. We believe that the City's ability to implement effective and meaningful improvements to a department's performance and efficiency will be enhanced if key City and department personnel are committed to implementing any recommended changes. We anticipate that the results of this assessment will therefore be discussed with key City staff on an ongoing basis throughout the course of this project, and will be summarized and discussed in a workshop setting with department heads and other local officials. In reference to: -) 8 ') -Strategic MasterPlan Subsequent to presentation of our findings and recommendations as well as the consensus developed for a management improvement plan, we will develop a management plan in draft form for review by the City, and in final form. The management improvement plan will be organized by sections that detail project scope and background of the organization that describes the process used to perfonn each task, the results of each performed task, findings, recommendations, and implementation schedules. ) The strategic master plan will provide: ~ A list of prioritized improvements; ~ The cost and time line to implement these improvements; ~ Evaluation factors to measure the level of efficiency in implementation; ~ Work process, technology, and labor improvements necessary for implementation; )i> Cost allocation procedures necessary to identify program and activity costsl; ~ Financial planning, forecasting, and budgetary procedures necessary to implement these improvements; ~ Management, administrative, and operations staff modifications necessary to effectively implement these recommendations, addressing as necessary reporting relationships, duties, authorities and responsibilities of affected staff; )i> Employee training with an emphasis on skill based modeling to develop the management skills required for the City to implement the improvements recommended on both a short and long-term basis. These procedures would identify costs associated with the following: employee costs for service including salaries, available work days, insurance and fringe benefits; equipment costs for service including acquisition, depreciation, insurance and maintenance; and administrative costs including supervisory and staff support, accounting and automated support services; and operating expenses. ) Page 9 ') Client References 1. City of Westfield, MA Ms. Deborah Strycharz, Auditor (413) 572-6216 2. City of Hartford, CT Mr. Lee Erdmann, Chief Operating Officer (860) 543-8500 3. Town of South bridge, MA Mr. Michael Coughlin (508) 234-2095 4. Town of Salisbury, MA Mr. Neil Harrington, Town Manager (978) 465-2310 ) 5. Town of Yarmouth, MA: Mr. Robert Lawton, Town Manager (508) 398-2231, ext. 271 6. Town of Salisbury, MA: Mr. Neil Harrington, Town Manager (978) 465-2310 7. City of Brockton, MA Mr. Robert Martin (508) 580-7123 .J Audit/procurement Study August, 2001 Organization study September 2003 DPW organization study October 2001 Finance Department study August, 2003 Finance Department Study August 2003 Finance Department Study September 2003 Organization Study October, 2001 Page 10 ) Cost Basis for Proposal The following is a breakdown by task of a fixed fee price for the provision of consulting services as requested in the City's RFP. Please note that our fixed fee price is inclusive of all out of pocket expenses including travel, meals, lodging, and other direct expenses necessary to carry out the project. ) Task Hours Cost I. Consultation 32 $4,800 Development of Final Work Plan II. Data gathering 180 $20,000 and Analysis Progress Review 20 3,000 III, Refine Recommendation 32 1,000 IV. Final Report 32 2,700 Total 174 $31,500 J 11 ) ProjectTime Schedule Tim e S che dule I I I I 0 10 20 30 40 50 Project Days II Task 1 .. T as k 2 D Task3 II Task 4 ) ) 1? ) Project Tim e Schedule Tim e S che dule o 10 20 30 Project Days 40 50 II Task 1 D Task 3 II Task 2 II Task 4 ) ,) 1?