Exh 8dAGENDA ITEM #SD
DECEMBER 8, 2003
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Contract for IT. Employee
DATE: December 1, 2003
,,,,~~.!
SUBMITTED BY: David E. Thoirlpson, Chief of Police/DPS
BACKGROUND:
In the 2003-04 city budget for Information Technology, three (3) positions were
approved by the City Commission. There were two (2) people already on staff, and this
created an opening for hiring a new person to work on Information Technology issues for
the city. After advertising, screening, and interviewing applicants for the position, Jim
Bantique was identified as the best individual for the position.
The selected candidate was referred to Atlantic Beach through Modis Consulting, which
is an employment company that helps to place personnel. As a result, the City of Atlantic
Beach cannot simply hire the applicant as a city employee. For the first three (3) months,
the City of Atlantic Beach will pay Modis Consulting for the services of the applicant.
At the end of three (3) months, Atlantic Beach may hire the applicant as a city employee.
Due to the total costs of the contract, based on fulltime services over a period of three (3)
months, the expenses will exceed the $10,0001imit for the City Manager's approval. As
a result, the approval of the three (3) month contract needs City Commission approval.
BUDGET: The money necessary to fund this contract has already been allocated in the
personnel budget for Information Technology. The funding will be transferred to a
Contractual Services account to cover these expenses.
After calculating all of the cxpenses associated with hiring a fulltime employee for this
position, the Modis Consulting total expenses are slightly less than the total expenses the
City of Atlantic Beach would incur during the same timeframe.
RECOMMENDATIONS: To approve the attached contract with Modis Consulting for
the services of Jim Bantique as a PC Technician.
ATTACHMENTS: Modis Consulting Contract
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
AGENDA ITEM #8D '
DECEMBER 8, 2003
modis
Staffing Confiri~a-~ation Letter
1. 1Wioclis employee Jim Banti~ue is contracted to performwork for Client City ofAtlanticBeach
beginning November 17, 2003 at a rate of $26.00 per hour ("Modis Employee's bill rate"),
to perform the following services: PC Technician .
2. The Modis Employee shalt report to work at the following Location: Ciiy of Atlantic Beacbz
3. S00 Seminole Road, Atlantic Beach, FL 32233 904-247-5856
4. Modis shall send invoices for sei~rices provided (to: Chief David'I'hompson, City ofAtlantic
Beach, 804 Seminole Road Atlantic Beach, FL 32233
5. Modis requires a four (4) hour minimum charge (unless unsatisfactory performance by the
associate is immediately acknowIedged). The customer will be invoiced for the four-hour
minimum charge if the associate arrives before the order is canceled. This condition also applies
to associates on assignments lasting less than four hours,
6. Indemnification: Modis shall be indemni$ed and held harmless against any and all claims, actions;
suits, proceedings, costs, expenses, damages, and liabilities, including attorney's fees, and/or'
court costs of whatsoever nature, arising out of, connected with, or resulting from Modis'
performance as a supplier of any services to the customer.
7. Disclaimer: Modis expressly disclaims and excludes any express or implied warranties, including
any warranty of merchantability or fitness ofparticular purpose. Neither party shall be liable to
the other, or any third party or person, for any special, consequential, punitive or exemplary
damages, under any legal or equitable theory whatsoever, including without limitation, any
damages for loss ofprofits, loss ofopportunity, loss of data, or loss of use ofdata whether or not
placed on notice of any such damages. +
8. Invoice Terms: Modis' terms for payment are net upon receipt. Invoices outstanding after thirty
(30) days are assessed at the lesser of 1'/Z% interest charge per month (18% APR}, or the highest
interest rate allowed by law. In addition, should an attorney or third party collection agency be
consulted to collect on past due amounts, the customer will be responsible for attorneys' fees,
collection costs and court costs.
9. Scope of Work: Modis provides qualified technical support personnel to work for your company
under your direction and supervision. These services are provided as needed for the location and
length of time requested by you.
1
AGEI~IDA ITEM #8D
DECEMBER 8, 2003
10. Regular Hours: The fixst 40 hours worked in the workweek, Monday though Sunday, are paid to
the contractor and billed to you as "straight time."
l l .Overtime Hours: As stated by Wage and Hour Labor. Laws, any person working over 40 hours in
one work week period will be compensated with one and one-half times their regular hourly rate.
Consequently, you are billed at agate of one and one-halfthe regular bill rate for overtimehours.
Exempt employees are paid and billed at straight time for all hours worked.
12. Time Cards: Time sheets are presented each week for your approval of the contractor's hours.
This must be signed before payment is made to the contractor or invoices are processed to you.
13. Conditions: Client recognizes that the employee is the employee of Modis, and will not hire or
utilize the services of the employee directly or indirectly for a period of three months from the
start of hisTher assignment through Modis.
14: Payment: Payment is due net upon receipt of invoice each week.
15. EOE: Modis is an Equal Opportunity Employer and stands behind our Affirmative Action
Program.
Modis Client
("modis") City of Atlantic
BY: Gale Dozier SIGNATURE
TITLE: Business Development Mang er TITLE
1
DATE: 11-13-2003 DATE
11/13/03
2