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HomeMy WebLinkAbout2018 Professional Services AgreementPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made this _SW -day o� 018, by and between the CITY OF SEBASTIAN, a municipal corporation of t State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and Janet Graham, of 97 Overlook Drive, Sebastian, FL 32976 ("Technical Writer.") WHEREAS, the City desires to engage a Technical Writer to act as a Recording Consultant and Transcriptionist, and, WHEREAS, the Consultant represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant in accordance with the requirements of law; and, WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1. Recitals. The above recitals are incorporated herein as if set forth in their entirety. 2. Agreement: The Consultant and the City understand and agree that this Agreement shall cover services, as described in the Job Description (Exhibit A), which is attached hereto and incorporated herein by this reference. 3. Employment of Consultant: The City hereby agrees that it may engage the Consultant and the Consultant hereby agrees to perform professional services for the City in accordance with this Agreement. The Consultant's services are described in the Scope (Exhibit B). Unless otherwise specifically requested by the City Clerk or other Manager, the Consultant will not provide a direct transcription of all communications within a meeting for which consultant is engaged, but will provide meeting minutes which accurately summarize discussion and record actions and decisions made by the Board or Committee, consistent with the style and length of the Board or Committee's minutes on file with the City for the last calendar year. 4. Project Schedules: The Consultant shall perform the services during the meeting as outlined herein and/or in the Job Description (Exhibit A). The City shall, at least monthly, provide Consultant with a schedule of meetings for which Consultant shall provide the services, and shall update the Consultant with any cancellations of meetings. Consultant shall deliver an electronic draft of official minutes in Microsoft Word to the City Clerk and the electronic recording of the meeting within 7 calendar days of the meeting, unless the City Clerk specifically requests early delivery of minutes, in which case Consultant shall deliver such draft minutes within 3 calendar days of the meeting. 5. Joint Cooperation: Close collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of Work and of the details thereof. The City shall furnish to the Consultant all pertinent existing information deemed necessary by the Consultant to be relevant to the execution of the Work. The City will have the right to inspect the Work of the Consultant at any time. 6. Termination: The provisions of this Agreement may be terminated by the City with or without cause. If terminated without cause by the City, at least thirty (30) days written notice of such termination shall be given to the Consultant. a. In the event the City without cause abandons, terminates or suspends this Agreement, the Consultant shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and documents generated by the Consultant shall remain the property of the City as outlined in Paragraph 12. b. In the event the Consultant terminates this Agreement without cause, all reports, information, and data prepared by the Consultant under this Agreement shall be considered property of the City. The Consultant should give a minimum of two week notice if terminating the contract. The City may enter into an agreement with others for the completion of the work under this Agreement and the Consultant will be held harmless for the work of others. 7. Compensation: The City will pay the Consultant $16.00 per page of single spaced transcription with 1 inch margins as described in Exhibit B. 8. Payments: The Consultant shall submit monthly statements for services rendered. The monthly statement shall list the meeting name, meeting date, number of pages and amount due for each individual meeting. 9. Reimbursement of Costs: The Consultant's expenses are included within the agreed hourly rate and no additional expenses shall be reimbursed without written amendment of this Agreement. 10. Term: This Agreement shall commence on the day it is executed until it is terminated by either party. 11. Personnel: The Consultant represents that it will secure at its own expense all personnel and sub -Consultants required for services which are necessary as described under Exhibit "A" of this Agreement. All services described under Exhibit "A" of this Agreement shall be performed by the Consultant. 12. Responsibility of the Consultant: a. The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and recordings and reports and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his reports and other services. b. The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law. 13. Compliance with the Law: The Consultant expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 14. City's Responsibilities: a. The City shall designate the City Clerk to act on the City's behalf with respect to the Job Description, Duties and Responsibilities. The City or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. Prompt written notice shall be given by the City to the Consultant if the City becomes aware of any fault or defect in any transcription or summary of meetings. b. In the event of termination not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination. 15. All Work, including but not limited to recordings of meetings and meeting minutes files, are the property of the City of Sebastian, and Consultant hereby assigns, and agrees to assign all right, title, and interest in such to the City of Sebastian, Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): Tl�1,UWLa� anette Williams, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: 1 Cynthia V. Hall Interim City Attorney THE CITY OF SEBBAST�IA,N By: { Joe Griffin, City Manager Technical Writer Janet Graham By: 1i�irh/ Job Title: Department/Group, Lowtlon: Level/Salary Range: Job Description SEsmmT" HOME OF PELICAN ISLAND Technical Writer City Hall 1225 Main Street, Sebastian, FL N/A Contract GENERAL DESCRIPTION OF DUTIES Exln&4 A Date: 111/21/17 Job Code: Travel Required: Position Type: Contract Responsible for composing meeting summaries in the form of official minutes for various City boards and committees, recording all actions and discussion through an automated note -taking and audio recording system. The Incumbent in this classification must possess excellent compositional skills in order to accurately interpret and summarize discussions and actions for inclusion in permanent City records. Incumbents perform essential functions as outlined herein according to assigned meetings and perform related work as required. EssENTIAt Jos FUNCTIONS I. Composes meeting minutes which accurately summarize discussion and record actions through the use of automated notes and audio recordings made while attending meetings of the boards and committees as assigned. 2. Reviews preliminary materials provided for upcoming meetings in order to gain an understanding of the sjbjects to be discussed; this includes contacting various staff professionals for additional background information, if needed. 3. Attends assigned meetings for the purpose of recording proceedings for preparation of minutes and taking roll ca;1 .c;r;. f last meetings are evening meetings. 4. Operates and moritors r ecording equipment during meetings. 5. Enters. direct computer input of discussion and actions in order to prepare annotated agendas (where required) and meeting minutes. 6. Organizes and completes final official meeting file including, but not limited to, written and electronic materials. 7. The list of essential functions, as outlined herein, is intended to be representative of the tasks performed within this classification. It is not necessarily descriptive Of any one position in the class. The omission of an essential function does not preclude management from assigning duties not listed herein if such functions are a logical assignment to the position. MARGINAL FUNCTIONS While the following tasks are necessary for the work of the unit, they are not an essential part of the purpose of ' this position and may also be performed by other unit members. Performs related duties as directed. QUALIFICATIONS Knowledee. Abilities and Skilk� ! • Ability to provide clerical support. • Ability to review, classify, categorize, prioritize and/or analyze data and/or information. • Ability to be discrete; keep information confidential. • Ability to clarify information and details. • Ability to communicate effectively, orally and in writing. — • Ability to establish and maintain effective working relationships. • Ability to exercise independent judgement. SEBASSTLAJ� HOME OF MICA\ Desired Traits: • Is Customer Focused; • One Who Values and Respects Others; • Drives to Excel; • Believes in Teamwork and Collaboration; • Believes in Continuous Learning; • Demonstrates Ethical Behavior; and is • , Supportive of Change. EDUCATION AND EXPERIENCE GUIDELINES Two years of previous experience that includes composition of documents to the extent that excellent writing and grammatical skills can be demonstrated; keyboard/typing proficiency equivalent to 40 words per minute; or an equivalent combination of education, training, and experience. PERFORMANCE APTITUDES: Data Utilization: Requires the ability to compile, assemble, copy, record and/or transcribe data and/or information according to a prescribed schema or plan. includes judging whether readily observable functional, structural or compositional characteristics are similar to or divergent from prescribed standards, procedures or routines. Human Interaction: Requires the ability to exchange information for the purpose of obtaining information or clarifying details. Performs such within well -established policies, procedures and standards. Equipment Machinery. Tools. and N:areriafa utilizetinn, Regsir-s the abin;y to start, slop, ^re,are and monitor the functioning of equipment, machinery, tools, and/or materials used iD performing essential functions. Verbal Aptitude: Regaires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division. Functional Reasoning: Requires ability to apply principles of rational systems. Ability to interpret instructions furnished in written, oral, diagrammatic, or schedule form. Ability to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the abitity to exercise the judgment, decisiveness and creativity in situations involving a variety of generally pre -defined duties which are often characterized by frequent change. ADA COMPLIANCE Physical Ability: Tasks involve the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require visual, hearing perception and discrimination. Environmental Factors: Tasks are regularly performed without exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature and noise extremes, machinery, vibrations, electric currents, traffic hazards, animals/wildlife, toxic/poisonous agents, violence, disease, or pathogenic substances. The City of Sebastian is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City of Sebastian will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. SEA ;,." HOME OF PELICAN ISLAND ADDITIONAL NOTES Boards: Planning & Zoning - meets Thursday, twice a month — 6:00 PM Citizens Budget Review Advisory Board — meets Monday, once or twice a month, from January to August — 6:00 PM Construction Board - meets Tuesday, once a month or as needed — 6:00 PM Parks & Recreation Advisory Committee — meets Monday, once a month — 6:00 PM Natural Resources Board —meets Tuesday, once a month —6:00 PM Police Pension Board — meets Tuesday mornings, quarterly or as needed —10:00 AM Disabilities Advisory Committee — meets quarterly or as needed — 3:00 PM Las: By Cynthia Watson Asst. Admin. Services Dir/HR l�f rKr^ 5,.nature I n.� �I Date I Kneth Killgore, L_ Administrative.e,vices D rector LC:_ CL, Jeanette Wi!Ilaali. City Cle,t i I i A-- - i' — ---- --- I Joe Griffin, City Manager 7 3 Exhibit B - Scope Additional Duties and Responsibilities Attend meeting and act as a recording Consultant. Perform all duties that a staff member would, i.e. turn recording system on and call roll as necessary for voice votes. A list of meeting dates and times will be provided. An agenda package will be sent out for review prior to, and use during the meeting to assist with transcription purposes. The minutes should be transcribed in summary format, consistent with the board minutes on file with the City for the last calendar year. Continuity is important. Page margins are to be one inch top, bottom and both sides; 12 point Aerial font. Single spacing will be used within topics, double spacing between topics and within a topic for readability or change in speaker. Each page following the first will have a header containing the board name at the left margin with meeting date. The page number will be at the right margin. Video recordings will be available via the City's YouTube channel, archived on the City's website or by a DVD. Audio recordings would be available upon request. Draft minutes would be spell checked, printed and proofed prior to delivery to the City. A hard copy of the draft minutes would be delivered for the City to review and correct. Upon notification that the draft is ready, it will be picked up, corrections made and the final minutes will be transmitted to the City via email or hard copy. All necessary supplies and related expenses are covered by the contractor's rate. The contractor agrees to maintain full confidentiality related to the individuals and business at hand. Storage of the transcriptions and backup material will be in a safe, secure location as long as they are in the contractor's possession.