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HomeMy WebLinkAboutItem #06 Execution of Contract with the City of Ocoee and James Carnicella / JVC Consulting i r e cen ter of Good Li. AGENDA ITEM COVER SHEET Meeting Date: October 2, 2012 Item # Lp Reviewed By: Contact Name: Robert Frank Department Director: ,, Contact Number: 407 - 905 -3111 City Manager: i"'"•�.. Subject: Execution of Contract with the City of Ocoee and James Carnicella/JVC Consulting Background Summary: The City Manager recommends executing a contract with James Carnicella /JVC Consulting to provide Union Negotiations and Risk Management services on a contract basis of $39,500 per year. Issue: Should the City Commission approve the contract with James Carnicella /JVC Consulting to provide contract Risk Management service to the City for an annual cost of $39,500. Recommendations: Staff recommends the City Commission approve the Contract with James Carnicella /JVC Consulting and authorize the Mayor to execute same. Attachments: Contract Financial Impact: Contract is for $39,500 per year. Type of Item: ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading IN 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 I 1 N/A Reviewed by Finance Dept. _ 1 N/A Reviewed by ( ) N/A RISK MANAGEMENT SERVICES AGREEMENT THIS AGREEMENT entered into on October 2, 2012, between the City of Ocoee, Florida (hereinafter the "CITY ") and JVC Consulting /James E. Carnicella (hereinafter the "CONTRACTOR "). Whereas, the CONTRACTOR has served the CITY in a part-time Consulting role since March 6, 2011 and has assisted in the transition for the new Human Resources Director to become familiar with the day -to -day operation of the HR functions, Whereas, the CITY would want to secure the services of the CONTRACTOR on a limited, as needed basis for at least the FY 12/13 period, to provide high -level labor relations, as the City's Chief Negotiator and professional risk management services, Now Therefore, in consideration of the mutual promises and benefits set forth herein, the CITY and CONTRACTOR agree to amend the original agreement as follows, Section I. General: CONTRACTOR agrees to provide professional level Risk Management services and act as the City's Chief Negotiator for labor relations. The CONTRACTOR shall be available to the City Manager and the Human Resources Director for up to forty (40) hours per month. In consultation with the Human Resources Director, the CONTRACTOR shall endeavor to adjust his schedule to be present for necessary meetings scheduled in advance. The CONTRACTOR shall remain available seven days per week telephonically and electronically. Section II. Scope of Services: The CONTRACTOR agrees to provide Risk Management services, including the negotiation of health care and other liability coverage's and premiums, administering health center operations, labor relations, collective bargaining in the capacity as Chief Negotiator and associated budget preparations, and will provide assistance for UC and EEOC appeals. Section III. Compensation: The CITY shall pay the CONTRACTOR an annual amount of $39,500., which shall be paid in twenty four equal, twice monthly payments ($1,645.83) by the 15 and 30 of each month effective October 01, 2012. Such payments will not be based on the number of hours worked by the CONTRACTOR during any monthly period. CONTRACTOR will be provided a 1099 and shall be responsible for all local, state, and federal taxes, including federal income and social security. Section IV. CITY'S Obligations: The CITY shall provide the same laptop and cell phone as in the past so the CONTRACTOR may be available, in accordance with Section I of this amended agreement. The city shall continue to provide E &O coverage on the CONTRACTOR. All work product shall be subject to applicable Florida public records laws, but CONTRACTOR shall maintain the confidentiality of all documents, which are not subject to disclosure under the public records laws. The CITY recognizes this Agreement is a non - exclusive agreement and the CONTRACTOR may during the term of this Agreement provide similar services to any private management company or other public sector management entity's as long as the same allows the CONTRACTOR to be available to perform the duties relative to 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, from JVC Consulting. As such, CONTRACTOR will determine his own work schedule, subject to the provisions in Section I of this Agreement. The CITY shall not contribute to Florida Employment Insurance or provide workers compensation or any other benefit(s) to the CONTRACTOR (except for those in IV above). The Reimbursement Agreement, between the parties, dated March 6, 2011 shall be terminated upon execution of this new Agreement. Section VI. Term of Agreement and Termination: A. The term of this Agreement shall be from October 1, 2012 to September 30, 2013. B. This Agreement may be terminated by the CONTRACTOR or CITY upon thirty (30) day written notice to the other party. C. This Agreement may be terminated by the CITY at any time, without notice, 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. 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 address as the party shall have specified by written notice to the other party delivered in accordance herewith. CONTRACTOR: JVC Consulting James Carnicella 905 Cool Spring Circle Ocoee, FL 34761 CITY: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, FL 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 State 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, Representation 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 the 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: I%//LL/ E ./ _,_/1/ S. Scott Vandergrift, Mayor 4 ames E. Carnice a 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 , 2012 (SEAL) APPROVED ON , 2012 By: UNDER AGENDA ITEM NO. City Attorney