HomeMy WebLinkAboutReso 2006-991
RESOLUTION NO. 2006-3.91
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
AN AGREEMENT WITH COLIN BAENZIGER AND
ASSOCIATES TO CONDUCT A CITY ENGINEER
SEARCH, IN THE AMOUNT OF SIXTEEN THOUSAND
SEVEN HUNDRED FIFTY DOLLARS ($16,750.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THE AGREEMENT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the fiscal year 2006/2007 budget creates the position of City Engineer; and
WHEREAS, it is desirable to conduct a nationwide search for this position, as licensed
engineers are in great demand in Southern Florida; and
WHEREAS, the firm of Colin Baenziger and Associates has performed admirably in the
past for the City of Sunny Isles Beach; and
WHEREAS, the City would again like to utilize the services of Colin Baenziger and
Associates, more specifically to conduct a nationwide search for a City Engineer; and
WHEREAS, Colin Baenziger and Associates has submitted a proposal to conduct said
City Engineer search, in an amount not to exceed Sixteen Thousand Seven Hundred Fifty Dollars
($16,750,00), attached hereto as Exhibit "A"; and
WHEREAS, the professional services to be performed by Colin Baenziger and
Associates are exempt from the provisions of the City's competitive bidding requirements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Agreement with Colin Baenziger and Associates,
Inc, to conduct a City Engineer search, in an amount not to exceed Sixteen Thousand Seven
Hundred Fifty Dollars ($16,750,00), attached hereto as Exhibit "A", be, and the same, is hereby
approved,
Section 2, Authorization of Mavor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of Citv Manager, The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
R2006-Baenziger City Engineer Search Agrmt
/
Section 4,
Effective Date, This Resolution will become effective upon adoption,
PASSED and ADOPTED this 28th da
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AS TO FORM
ICIENCY
VOTE AS FOLLOWS: S-O
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
R2006-Baenziger City Engineer Search Agrmt
an S, Edelcup,
Moved by: ~~~ I(!;,us/if)
Second by: VI C~ ty\~ t)'R~2J1lJ
<-> no
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CITY OF SUNNY ISLES BEACH
CONSULTANT AGREEMENT
CONTRACT NO. C0506-78
THIS AGREEMENT, entered into this ;:;(~ day of ~2006, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and Colin
Baenziger and Associates (hereinafter referred to as the "Consultant").
RECITALS
WHEREAS, the City is in need of certain consultant services; and
WHEREAS, the Consultant represents that it has expertise in recruiting executive
officers and related activities,
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:
1. 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
advice in connection with the services 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 9 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. Payment to Consultant for all charges and tasks under this
Agreement shall be in accordance with this Agreement and a schedule of charges reflected in
Attachment "A", The 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.
5. 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
I
C0506-78 Collin Baenziger & Associates Consulting Agreement
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
6. INSURANCE, (a) 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, contractors or employees, as more particularly set
forth below:
General liability insurance, including broad form contractual liability coverage for
bodily injury and property damage liability with limits of One Million Dollars
($1,000,000) combined single limit occurrence.
Such insurance shall not diminish Consultants indemnification obligations hereunder.
The insurance policy shall be issued by such company, in such forms and with such limits of
liability and deductibles as are acceptable to the City and shall be endorsed to be primary over
any insurance, which the City may maintain. 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 appropriately endorsed for contractual
liability with the City named as an 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) calendar days prior written notice to the City's Risk Management Department. 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,
7, OWNERSHIP OF DOCUMENTS AND EOUIPMENT, 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
2
C0506-78 Collin Baenziger & Associates Consulting Agreement
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 services satisfactorily
performed prior 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 seven (7) days following receipt by Consultant. The terms
of Paragraphs A(i) and (ii) shall be applicable hereunder,
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,
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 any person or entity acting under Consultant.
3
C0506-78 Collin Baenziger & Associates Consulting Agreement
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
II. 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, WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly,
voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any
action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in
counection with this agreement or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of either of party.
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
person or entity, other than in the discharge of the duties ofthe 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 one to A. John Szerlag, City Manager and one to Hans Ottinot, City
Attorney, at City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida
33160, and if intended for the Consultant, shall be addressed to Colin Baenziger, Principal, at
Colin Baenziger & Associates, 12970 Dartford Trail, Suite 8, Wellington, Florida 33414.
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COS06-78 Collin Baenziger & Associates Consulting Agreement
S\\3
City of Sunny Isles Beach
18070 Collins Avenue, Suuny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
16. GOVERNING LAW, This Agreement shall be governed by and construed in accordance
with the laws ofthe State of Florida,
17, 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,
18, 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 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,
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,
5
C0506-78 Collin Baenziger & Associates Consulting Agreement
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
20, CONFLICTING PROVISIONS, The terms and conditions in this agreement supersede
any other conflicting provisions that are contained in any other document.
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 and/or
rescission is sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above,
WITNESSES:
BY:
olin Baenziger, Princ
Colin Baenziger & A
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FORM AND
6
COS06.78 Collin Baenziger & Associates Consulting Agreement
S/8
COLIN BAENZIGER & ASSOCIA TES
(561) 793-2624
12970 DARTFORD TRAIL. SUITE 8
WELLINGTON, FL 33414
September 20, 2006
Mr. John Szerlag
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 3 I 60
RE: Proposal and Engagement Letter to Recruit a City Engineer
Dear Mr. Szerlag:
First, I would like to thank you for the opportunity to submit this proposal and engagement letter
to assist Sunny Isles Beach in finding a City Engineer. In addition to this letter, I have attached a
description of our firm and a list of many of our recent searches. One that we have undertaken
recently but is not discussed in that attachment is the Deputy County Engineer for Martin
County. The County is currently interviewing our recommended candidates for this position and
we anticipate completion in the next two weeks.
As specified in our proposal, we will perform the following tasks in finding individuals to fill
these two positions.
$ Meet with the City's key officials and develop a description of the ideal candidate and a
target compensation package for each position. At the same time, we will finalize the
project schedule. We may also make recommendations to the City concerning whether or
not it can reasonably expect to find who it is looking for given the position's placement in
the organization and the compensation level.
$ Develop an advertisement and submit it to appropriate publications.
$ Actively search for, identify and recruit outstanding candidates who are well suited for
the position.
$ Receive resumes from applicants resulting from advertisements as well as from our
recruitment efforts,
$ Screen the resumes and narrow the list of finalists to top six to ten candidates,
$ Conduct thorough reference and background checks of the most qualified applicants.
$ Recommend the top three to five candidates for interview,
$ Attend and coordinate the interview process.
$ Assist in evaluating the candidates after the interviews,
$ Work with the City officials, if requested, to negotiate a contract.
SIB
Attachment "A"
Letter to John Szerlag, September 20, 2006
Page 2
The price for each of these searches will be $16,750 and will include all the costs except those
associated with bringing the candidates for interviews, These costs will be paid by the City,
This price is substantially below what our competitors would charge for a similar search,
Assuming you agree that this letter provides a basic understanding ofthe work to be performed
in this engagement, please indicate the City's acceptance by signing below so that we can begin
our efforts. Should you have any questions, please feel free to contact me at (561) 707-3537.
Sincerely,
Ck6~
Colin Baenziger
Principal
Agreed to For Sunny Isles Beach by:
Signature
Title
Printed Name
Date
SIB
City Commission
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Lewis J. Thaler
Commissioner
A. John Szerlog
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
October 3, 2006
Colin Baenziger, Principal
Colin Baenziger and Associates
12970 Dartford Trail, Suite 8
Wellington, Florida 33414
Re:
City Engineer Search Services Agreement
Dear Mr. Baenziger:
At its regular meeting of September 28, 2006, the City Commission adopted
Resolution No. 2006-991, which approved an agreement with Colin Baenziger and
Associates, to conduct a search for a City Engineer. Attached are an executed, original
agreement and a copy of the approving resolution for your files.
Thank you.
Very truly yours,
~W~
Priscilla Walker, CMC
Deputy City Clerk
:pw
Attachment
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney (w/o attachments)
Jean Watson, Finance Director
Shaun S. Gelvez, Contracts Coordinator
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Engr Agrmt W-Colin Baenziger Trans Ltr
..
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin. Vice Mayor
Lewis J. Thaler, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable City Commission A
A. John Szerlag, City Ma ger ~
September 28, 2006
RECOMMENDATION TO ENGAGE COLIN BAENZIGER & ASSOCIATES
TO RECRUIT A CITY ENGINEER
Attached is a proposal and engagement letter from Colin Baenzinger & Associates to conduct a
nationwide search for City Engineer. The price for this service is $16,750.00 and includes all
costs except those associated with bringing in candidates for interviews. The specific scope of
work from the consultant is contained in his attached letter.
Funding source: funds are available account 529-5120 (salaries) and will be transferred to
account 529-5315 (Professional Services) as needed during Fiscal Year 2006/07.
As always, please feel free to contact me should you have any questions.
AJSliw
Attached
cc: Jorge L. Vera, Assistant City ManagerlService Division
Douglas M. Haag Assistant City ManagerlFinance Division
Hans Ottinot, City Attorney
Thomas Acquaro, Human Resources Director
Colin Baenziger
Date
38
cr~'2<t- Dl.o
Agenda Item
Commission - Colin Baenziger Funding Account Number.Doc