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HomeMy WebLinkAboutItem #03 Approval of Execution of Contract with the City of Ocoee and James Carnicella ire ce nter of Good Li A OC O EE AGENDA ITEM COVER SHEET Meeting Date: February 1, 2011 Item # 3 Reviewed By: A Contact Name: Robert Frank Department Director : ' Contact Number: 407 - 905 - 3111 City Manager: ! 'l, Subject: Execution of Contract with the City of Ocoee and James Carnicella Background Summary: As a result of a reorganization of the Human Resources /Risk Management Department, the City Manager recommends executing a contract with James Carnicella to provide Risk Management services on a contract basis for $64,900 per year. Mr. Carnicella would step down as Human Resources Director and assume the position of contract Risk Manager in the department. The City Manager has identified one position to eliminate within the City Manager's office to fund this change; therefore execution of this contract will not have an impact on the FY 10/11 Budget. Issue: Should the City Commission approve the contract with James Carnicella to provide contract Risk Management services to the City for an annual cost of $64,900. Recommendations Staff recommends the City Commission approve the contract with James Carnicella and authorize the Mayor to execute same. Attachments: Contract\ Financial Impact: Contract is for $68,900 per year with a payment of $4,000 from the Contractor for the use of City property in completing his duties. Total annualized cost is $64,900 which will be offset by general fund personnel reductions. of Item: lease mark with an `x" Type o (P 1 Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A CITY OF OCOEE RISK MANAGEMENT SERVICES AGREEMENT THIS AGREEMENT is entered into this 6th day of March 2011 (the "Effective Date "), by and between the City of Ocoee, Florida (hereinafter the "CITY ") and James E. Carnicella (hereinafter the "CONTRACTOR "). WHEREAS, the CONTRACTOR has served as an employee of the CITY in the capacity as director of the City's Human Resources /Risk Management Department; and WHEREAS, the CONTRACTOR will no longer be an employee of the CITY as of the effective date of this Agreement; and WHEREAS the CITY desires to have professional, high level risk management services provided in the future, and wishes to ensure a smooth transition from past to future management within the Human Resources /Risk Management Department, and the CONTRACTOR and CITY believe that the provisions of this Agreement shall provide for the same. NOW THEREFORE, in consideration of the mutual promises and benefits set forth herein, the CITY and the CONTRACTOR agree as follows: Section I. General CONTRACTOR agrees to provide professional level Risk Management services and carry out the main functions and duties of the City of Ocoee's Risk Management program. The CONTRACTOR shall report to the City Manager and the Human Resources Director. The CONTRACTOR shall be expected to be on site and /or available in person, or electronically, or telephonically for approximately 1000 hours per year, and shall be present on site in the Human Resources Department for an average of 16 hours per week. In consultation with the CITY Human Resources Director, the CONTRACTOR shall endeavor to adjust his schedule to be present for necessary meetings scheduled in advance. The CONTRACTOR shall provide a monthly log of all hours worked on CITY matters to the Human Resources Director. Section II. Scope of Services The CONTRACTOR agrees to provide Risk Management services, including the negotiation of health care and other liability coverages and premiums, administering health center operations, associated budget preparations, labor relations, participate in collective bargaining issues in the capacity of chief negotiator, and benefits administration. Other duties will include responses to workers compensation issues, unemployment compensation and EEOC complaints, and other related duties as assigned by the City Manager and /or Human Resources Director. Section III. Compensation The CITY shall pay the CONTRACTOR an annual amount of $68,900.00, which shall be paid on the same bi- weekly basis used for the City payroll. Such payments shall not be based on the specific hours worked by the CONTRACTOR during any such bi- weekly pay period. ORLA_1682108.3 CONTRACTOR will be provided a 1099 and will be responsible for the payment of all local, state and federal taxes related to the compensation, including federal income tax and social security. Section IV. City's Obligations The CITY will provide equipment necessary to the CONTRACTOR to effectively administer his duties, including office space, a personal computer, and cell phone. The foregoing may be utilized by the CONTRACTOR only for the performance of his duties under this Agreement and for no other purposes. The CONTRACTOR shall reimburse the CITY for the value of the foregoing at a cost to be mutually agreed upon between the City Manager and the CONTRACTOR. The CITY agrees to provide the CONTRACTOR with the same physical and electronic access available to full time employees. All work products produced by CONTRACTOR shall be subject to applicable Florida public records laws. The CONTRACTOR shall maintain the confidentiality of all documents which are not subject to disclosure under the public records law. The CITY shall provide for general liability, and E &O insurance coverage on the CONTRACTOR. Such coverages shall be limited to actions performed for the CITY under the terms of this Agreement and shall not include any work performed by the CONTRACTOR for any third parties. The CONTRACTOR shall reimburse the CITY for the value of the foregoing at a cost to be mutually agreed upon between the City Manager and the CONTRACTOR. The CITY recognizes that this Agreement is a non - exclusive agreement and the CONTRACTOR may during the term of this Agreement provide similar services (whether as an employee or independent contractor) to any private management company or other public sector management representative entity(s) as long as the same does not interfere with the CONTRACTOR's performance of his duties under this Agreement. The CITY hereby waives any conflict in the event the CONTRACTOR is employed by or contracted to do work for Crowne Consulting or a related entity.. Further the CONTRACTOR may provide unrelated services to third parties as long as the same does not interfere with the CONTRACTOR's performance of his duties under this Agreement. Section V. Independent Contractor The CONTRACTOR is a self - employed person, is not an employee of the CITY and agrees that he is an independent contractor. As such, CONTRACTOR will determine his own work schedule, subject to the provisions of Section I of this Agreement. The CITY will not contribute to Florida Employment Insurance or provide workers' compensation to the CONTRACTOR. The CONTRACTOR shall not be eligible to enroll for and /or receive benefits under any employee benefit plan that is now, or hereafter may, be maintained by the CITY; however, as a former employee, he may enroll in such plans pursuant to COBRA should he so choose and provided further that the foregoing is not intended to affect any retirement or pensions benefits to which the CONTRACTOR may be entitled as a former employee of the CITY. 2 ORLA_1682108 3 it Section VI. Term of Agreement and Termination A. The term of this Agreement shall be from March 6, 2011 to March 5, 2012 (the "Initial Term ") and shall be automatically renewed for an additional six -month term commencing March 6, 2012 and ending on September 5, 2012 (the "Second Term "). Following the Second Term, this Agreement shall automatically be renewed for up to six (6) additional one (1) month periods (each being referred to as a "One -Month Renewal "), unless the CITY provides the CONTRACTOR with a notice of non - renewal at least thirty (30) days prior to the commencement of any such One -Month Renewal. In any event, this Agreement shall terminate no later than March 5, 2013. B. Except for the reasons set forth below, this Agreement may not be terminated by the CITY during the Initial Term and the Second Term. C. This Agreement may be terminated by the CONTRACTOR upon thirty (30) day written notice to the CITY in which case the compensation payable to the CONTRACTOR shall be prorated through the date of termination of this Agreement. D. This may Agreement be terminated by the CITY at anytime without notice g Y Y if CONTRACTOR is convicted of any criminal offense that is directly related to the services provided under this Agreement or the conviction is determined to have a nexus to the services provided under this Agreement. E. Should the CONTRACTOR fail to materially perform the obligations delineated in Section I and II hereof, then the CITY shall provide written notice to the CONTRACTOR stating with specificity the specific areas of non - performance. CONTRACTOR shall have 30 days to respond and correct any deficiencies identified by the CITY. If the CONTRACTOR fails to correct the specified deficiencies within 30 days from receipt of such notice [or if such deficiencies cannot reasonably be corrected within 30 days, fails to show a good faith effort to commence the correction of such deficiencies], then this Agreement may thereafter be terminated by the CITY without any further notice. F. In the event this Agreement is terminated by the CITY as provided herein or in the event the CITY provides a notice of non - renewal with respect to any One -Month Renewal, then the annual compensation payable to the CONTRACTOR shall be prorated through the date of termination or the date of expiration of any such One -Month Renewal. Section VII. Notices Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered to the official hereinafter designated, or (ii) the next business day after being sent by nationally recognized overnight delivery service for next business day delivery, all addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. 3 ORLA_1682108.3 CONTRACTOR: James E. Carnicella CITY: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 Section VIII. Governing Law and Venue The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the Sate of Florida. Any action involving matters or disputes arising out of or relating to this Agreement shall be brought in Orange County, Florida. Section IX. Entire Agreement, Representations and Prior Agreements: There are no representations, warranties or covenants other than those set forth in this Agreement, which sets forth the entire understanding between the CITY and CONTRACTOR, and supersedes any previous arrangements or agreement, whether written or oral, between them. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CITY OF OCOEE, FLORIDA CONTRACTOR By: S. Scott Vandergrift, Mayor James E. Carnicella ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY Beth Eikenberry, City Clerk this day of , 2011. (SEAL) FOLEY & LARDNER LLP APPROVED ON , 2011 By: UNDER AGENDA ITEM NO. City Attorney 4 ORLA_1682108.3