HomeMy Public PortalAbout2004-15 Agreement with Star Human Resources GroupRESOLUTION NO. 2004-15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
AND APPROVING PROFESSIONAL SERVICES
AGREEMENT BETWEEN STAR HUMAN RESOURCES
GROUP (THE "CONSULTANT") AND THE VILLAGE OF
KEY BISCAYNE TO PROVIDE FOR PROFESSIONAL
PERSONNEL CONSULTING SERVICES; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Manager has recommended that the Village retain the professional
services of Star Human Resources Group (the "Consultant") to provide certain personnel consulting
services for the Village; and
WHEREAS, the Village Council finds that approval of the Professional Services Agreement
between Consultant and the Village is in the best interest of the Village.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Agreement Approved. That the Professional Services Agreement, in
substantially the form attached hereto, between Star Human Resources Group and the Village is
hereby approved and the Village Manager is authorized to execute the Agreement, once the
Agreement has been approved by the Village Attorney as to form and legal sufficiency.
Section 3. Implementation. That the Village Manager is hereby authorized to take any
necessary action to implement this Resolution and the Agreement.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 23rd day of March , 2004.
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MAYOR ROBERT OLDAKOWSKI
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIEN
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VILLAGE ATTORNEY
103.001/Resolutions/professional services agreement with Star Human Resources Group 3.16.04
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VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of March, 2004, by and
between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and STAR HUMAN
RESOURCES GROUP (the "CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional
personnel services as specifically described in the proposal which is provided in Exhibit "A" to this
Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services.
In consideration of the mutual covenants set forth in this Agreement, the parties agree as
follows:
1. SCOPE OF SERVICES
The CONSULTANT agrees to provide the Specified Services upon written request from the
Village Manager..
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for the Specified Services which are
provided by CONSULTANT, in accordance with the fee schedule set forth in Exhibit "A", for a
total fee of Twenty Five Thousand ($25,000.00) Dollars.
3. TERM
The duration of the term of this Agreement is 120 days unless extended by the Village
Manager or earlier terminated pursuant to paragraph 8.
4. RECORDS
All original details, reports, work papers and other documents and plans that result from the
CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon
termination of this Agreement or upon request of the VILLAGE during the term of this Agreement,
any and all such documents shall be delivered to the VILLAGE by the CONSULTANT.
5. INSURANCE
Unless revised in writing by the Village Manager, the CONSULTANT shall at all times
carry professional liability insurance, worker's compensation insurance (if applicable) and
automotive liability insurance, each with minimum policy limits in the amount of Three Hundred
Thousand ($300,000.00) Dollars per occurrence, single limit for bodily injury and property damage
combined, except that the amount of worker's compensation insurance, if applicable, shall be as
provided by law. The Village shall be named as an additional insured on all of the above insurance
policies to the extent authorized by law. Each insurance policy shall state that it is not cancelable
without written notice to the VILLAGE 30 days prior to the effective date of said cancellation.
6. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT.
7. PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person(s), company, corporation,
individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement.
8. TERMINATION
This Agreement may be terminated by the VILLAGE upon twenty days written notice with
or without cause and by the CONSULTANT upon 45 days written notice with or without cause. If
this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions
of Exhibit "A" and Paragraph 2 above, for all acceptable work performed up to the date of
termination, and any unearned fees which have been advanced by VILLAGE shall be refunded
upon demand by Village.
9. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONSULTANT pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to
perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole
and absolute discretion.
10. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of the parties. The
Village Manager shall act for VILLAGE hereunder.
11. WARRANTIES OF CONSULTANT
The CONSULTANT hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws necessary to perform the Specified Services.
12. NOTICES
All notices and communications to the VILLAGE or CONSULTANT shall be in writing
and shall be deemed to have been properly given if transmitted by registered or certified mail or
hand delivery. All notices and communications shall be effective upon receipt. Notices shall be
addressed as follows:
Village: Jacqueline Menendez
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
With a copy to:
Consultant:
13. GOVERNING LAW
Village Attorney
Weiss Serota Hel.finan Pastoriza
Guedes Cole & Boniske, P.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Star Human Resources Group
900 Wren Avenue
Miami Springs, Florida 33166
This Agreement shall be construed in accordance with the laws of the State of Florida.
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.
CONSULTANT:
STAR HUMAN RESOURCES GROUP
900 Wren Avenue
Miami Springs, FL 33166
By:
VILLAGE:
VILLAGE OF KEY BISCAYNE
88 West McIntyre Street
Key Biscayne, FL 33149
Vi ` age A ; ey
Village Clerk
proved as to Legal Sufficiency:
F:\100\103001\Agreements\Professional Services With Star Human Resources Group 3.16.04