RESOLUTION 92-20577 •
RESOLUTION NO. 92-20577
A RESOLUTION TO RATIFY THE INDEPENDENT
CONSULTANT AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH, AND CAREERWORKS, INC., AN
INDEPENDENT CONSULTING FIRM, FOR CAREER
TRANSITION AND OUTPLACEMENT SERVICES
WHEREAS, the City Manager has submitted for ratification by the City Commission
of the City of Miami Beach, the Independent Consultant Agreement by and between the
City of Miami Beach and CareerWorks, Inc.; and
WHEREAS, the City Manager has recommended that the City Commission ratify
said Independent Consultant Agreement on behalf of the City of Miami Beach; and
WHEREAS, the City Commission is familiar with the terms of the Agreement and
finds and determines that the entry into and the execution thereof for and in the name of
the City of Miami Beach is in the best interest of the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the aforesaid Independent Consultant Agreement
is hereby ratified in the name of and on behalf of the City of Miami Beach, and that the
financial officers of the City be and they are hereby directed to make the disbursements
called for by said Independent Consultant Agreement from funds of the City available for
such purposes, and that the Mayor and City Clerk are hereby authorized to execute the
Agreement on behalf of the City.
PASSED and ADOPTED this 2nd day 0 Septembe , 199
Al )114
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ATTEST:
kc.AA
bity Clerk i/i-6 L
FORM APPROVED
LEGAL DEPT.
DRM:Ig
:COMM MEM08l92 By
CARERWRKAGR
Date
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CITY OMIAMI 8EACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. ,
- 2-
TO:
Mayor Seymour Gelber and DATE: September 2 , 1992
Members of the City Commission
FROM: Roger M. Canto /"�
City Manager
'V
SUBJECT: RESOLUTION TO RATIFY THE INDEPENDENT CONSULTANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CAREERWORKS, INC.
RECOMMENDATION:
The Administration recommends that the City Commission adopt the
attached resolution so as to ratify the attached Independent
Consultant Agreement, entered into by the City Manager on behalf of
the City of Miami Beach, with CareerWorks, Inc. , an independent,
professional, human resources consulting firm that specializes in
career transition and outplacement services.
BACKGROUND:
The attached Independent Consultant Agreement between the City of
Miami Beach and CareerWorks, Inc. provides career transition and
outplacement services to those eight (8) executive employees who
were affected by the City's reorganization and downsizing.
The Administration requested proposals from three (3) local
companies, which specialized in career transition and outplacement
services. After reviewing the proposals that were submitted, it
was determined that CareerWorks, Inc. was the company that offered
quality programs, workshops, and services at the most reasonable
price.
Consistent with Commission Memorandum No. 451-92 , which was
presented to the City Commission at the July 22 , 1992 , Commission
Meeting, the City Manager entered into the attached Independent
Consultant Agreement with CareerWorks, Inc. Further, in accordance
with Commission Memorandum No. 451-92, the attached resolution to
ratify the Independent Consultant Agreement is now being presented
for adoption by the City Commission.
ANALYSIS:
The attached Independent Consultant Agreement is a three-month
agreement. The initial cost is $8, 000, due and payable within
thirty (30) days following the assignment of the Clients to the
Consultant. Further, monthly payments in the amount of $1, 500 are
due each month, for three (3) months, for a total cost of $12 , 500.
continued. . .
I
AGENDA
ITEM f\
DATE � - 2- Z
r +
COMMISSION MEMO Page 2 September 2 , 1992
Further, in the event that the participating clients should need
additional services at the end of the three (3) months, this
Agreement provides the City with the right to extend the services
for a period of up to an additional three (3) months, at a cost not
to exceed $1, 500 per month.
CONCLUSION:
The adoption of the attached resolution to ratify the Independent
Consultant Agreement between CareerWorks, Inc. and the City of
Miami Beach is recommended.
RMC:DRM: lg
Attachments
a:COMM-MEMO8/92
CARERWRX.AGR
2
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INDEPENDENT CONSULTANT AGREEMENT
BETWEEN
CITY OF MIAMI BEACH AND CAREER WORKS, INC.
THIS AGREEMENT entered into thisPidayof Cd 1992between theCityof Miami Beach,
, eac ,
1700 Convention Center Drive, Miami Beach, Florida, 139 ("City") and CareerWorks, Inc., 7850 N.W. 146
Street, Miami Lakes, Florida, 33016, ("Consultant").
IN CONSIDERATION of the mutual promises made herein, and for the other good and valuable
consideration, the parties hereby agree as follows:
SERVICES:
During the term of this Agreement, Consultant will furnish outplacement services and career transition
consulting as requested by the City for eight(8) terminated employees ("Clients"). The services and advice
to be rendered by Consultant in a competent and professional manner will relate to the following:
a) Group Workshop to develop career transition skills to be delivered during
first two (2) weeks of program.
b) Group Workshop to develop and practice interviewing skills to be
delivered within first six(6) weeks of program.
c) Scheduled office space and secretarial services on the Consultant's
premises to include telephones, fax, and copy machine for a period of
three (3) months.
d) Individual career transitio;i consulting for each Client until placed.
e) Group meetings for review and networking to be held on regular basis
until all Clients are placed.
f) Each Client will have access to CareerWorks computers and research
information, including production ' ccver letters and resumes midi
placed.
COMPENSATION:
As consideration for Consultant's services, Consultant shall be compensated as follows:
An initial payment of$8,000 due and payable within thirty(30) days following assignment
of Clients to Consultant.
Monthly payments of $1,500 each month, for three (3) months following assignment of
Clients to Consultant, for office space and services.
continued...
INDEPENDENT CONSULTANT AGREEMENT Page 2
Total cost for outplacement services as described above not to exceed$12,500 provided,
however, that the City shall have the right to extend the service for up to an additional three
(3) months, at a cost not to exceed$1,500 per month.
INDEPENDENT CONSULTANT RELATIONSHIP:
The Consultant is an independent contractor, and is not an employe, agent,partner, or joint venturer of the
City or any of its employees. The City is not responsible for withholding, and shall not withhold FICA or
taxes of any kind from any payments which it owes to the Consultant. Neither the Consultant, nor its
employees, shall be entitled to receive any benefits which employees of the City are entitled to receive,and
shall not be entitled to workers' compensation. unemployment cc mpensation, medical insurance, life
insurance, paid vacations,paid holidays, pension benefits, profit sharing, or social security on account of
their work for the City under this Agreement
EMPLOYEES OF CONSULTANT:
The Consultant shall be solely responsible and liable for paying its employees. The Consultant shall be
solely responsible for paying any/all taxes, FICA, workers' compensation, unemployment compensation,
medical insurance, life insurance,paid vacations, paid holidays, pension contributions,profit sharing, and
other benefits for the Consultant and its employees, and agents.
ARBITRATION:
Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach
hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American
Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and
subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related
thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot
agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgment upon the
award rendered may b ' entered into any court having jurisdiction, or application may be made to such
court for an order of enforcement. Any^ontroversy c' im other Than u controversy or claim for money
damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or
claim relating to the right to specific performance, shall be settled by litigation and not arbitration. The
provisions of this subparagraph shall survive the Closing coextensively with other surviving provisions of
this Agreement
LIMITATION OF LIABILITY:
The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's
liability for any cause of action for mc ney damages due to an alleged breach by the City of this Agreement,
so that its liability for any such breach'never exceeds the sum of$12,500. Consultant hereby expresses
its willingness to enter into this Agreement with the Consultant's recovery from the City for any damage
action for breach of contract to be limited to a maximum amount of$12,500 less the amount of all funds
actually paid by the City to consultant pursuant to this Agreement
continued...
INDEPENDENT CONSULTANT AGREEMENT Page 3
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees
that the City shall not be liable to Consultant for damages in an amount in excess of$12,500 which amount
shall be reduced by the amount actually paid by the City to the Consultant pursuant to this Agreement, for
any action or claim for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's
liability as set forth in the Florida Statutes, Section 768.28.
COMPLIANCE WITH LAW:
The Consultant hereby warrants and represent'.'he !* has complied, and shall hereafter comply with all
laws, rules, ordinances, and regulations of federal, state, and local governments, and all agencies and
subdivisions thereof. The Consultant further represents, warrants, and covenants, that it now holds in good
standing, and shall continue to hold in good standing, al licenses required to fully perform this Agreement.
ENTIRE AGREEMENT:
This Agreement is the entire agreement between the parties and supersedes all prior agreements and
understandings between the parties relating to the subject matter herein. This Agreement may not be
modified or amended except by a writing signed by the party against whom enforcement is sought.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates shown
above.
CITY OF MIAMI BEACH CAREERWORKS, INC.
By: 6ilaBy.c (eee
, , i
lk , -a-t-tL---
(.
Title: City 1Hana r Title: President
Attest:
Ma r ,—\/"/ APPROVED
LEGAL DEPT. --- ,caokAci .rP8,--voi
DRM:I City Clerk e/is Gl
a•DRM WO 92 / //
CARF.ERWR. GR gy 5i-Li51.4r1.......,-
Date � Z
'.ESOLuTIoN NO. 92-20577
To ratify the independent consultant
agreement between the City of Miami Beach,
and Careerworks, Inc. , an independent
consulting firm, for career transition and
outplacement services.
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