R05-0201
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
!9
20
21
22
23
24
25
26
27
28
29
30
RESOLUTION NO. R05-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING THE AWARD OF
RFP #015-1610-05/CJD TO MGT OF AMERICA, TO
PROVIDE A CLASSIFICATION AND
COMPENSATION STUDY FOR THE CITY OF
BOYNTON BEACH; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE PARTIES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 5, 2005, Procurement Services opened and tabulated
:leven (11) proposals to the RFP "Classification & Compensation Study"; and
WHEREAS, after review and evaluation it has been determined appropriate by staff
to recommend award of this RFP to MGT of America of Tallahassee, Florida whose RFP
was overall responsive and responsible proposer; and
WHEREAS, upon recommendation of staff, the City Commission of the City of
Boynton Beach does hereby approve the award of RFP No.015-1610-05/CJD to MGT of
America of Tallahassee, Florida, with an estimated expenditure of $66,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the award of RFP No. 015-1610-05/CJD to MGT of America of Tallahassee,
Florida, for a Classification & Compensation Study with an estimated expenditure of
S:\CA\RESO~Agreements\Bid Awards~Award of RFP - MGT Class & Pay study.doc
1
2
3
4
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
5
$66,000.00.
Section 3. That the City Manager is hereby directed to execute an Agreement
between the City of Boynton Beach and MGT of America of Tallahassee, Florida, a copy of
which is attached hereto.
Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this I ~' day of February, 2005.
\TTEST:
erk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
~_~mmissioner
~:\CA\RESO~Agreements\Bid Awards~Award of RFP - MG7 Class & Pay study.doc
ATTACHMENT "B"
CONSULTANT AGREEMENT FOR
CLASSIFICATION AND COMPENSATION STUDY
THIS AGREEMENT is entered into betwema the City of Boynton Beach, hereinafter referred to
as "the City", and MGT of America, hereinafter referred to as "the Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated CLASSIFICATION
AND COMPENSATION STUDY.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required to develop recommendations and timetable for
implementation including a four (4) year plan to maintain and keep the plan competitive and
current unless an extension of such time is granted in writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
Payment for the work provided by Consultant shall be made as provided on Exhibit "A"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$66~000.00 without express written modification of the agreement signed by the City.
The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years alter final payments. Copies shall be made available upon request.
CA-1
ATTACHMENT "B"
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attomeys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
iNDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
CA-2
ATTACHMENT "B"
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (I0) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
MGT OF AMERICA
2123 CENTRE POINTE BLVD.
TALLAHASSEE, FL 32308-4930
ATTN: W.K. BOUTWELL
CA-3
ATTACHMENT "B"
17. INTEGRATED AGREEMENT. This agreemem, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATEDthis iff dayof l .bco, a.r,./ ,20o -.
CITY OF BOYNTON BEACH
City Managog v
Attest/Authenticated:
MGT OF AMERICA
Consultant
Clerk
(Corporate Seal)
Approved as to Form:
Attest/Authenticated:
Office of the City Attorney
Secret~ ~
Rev. 1/22/91
CA-4
EXHIBIT "A"
SCOPE OF SERVICES
The following indicates the major objectives of the project.
1. Assist the Administration and Board of City Commissioners in target market identification.
Review all position classifications, comparing internally within the City as well as externally
with other selected local government entities both in Palm Beach County and those of similar
size within the Southeastern region of Florida and the private sector, making detailed
recommendations (collapsing classes, creating new classes, developing career ladders, etc.)
as appropriate.
Evaluate current salary structure, comparing with other local government entities in Palm
Beach County and those of similar size within the Southeastern region of Florida, and the
private sector, making recommendations (broadening our bands, using market indices,
addressing compression, internal equity, skills based salary systems,) as appropriate.
4. Perf°rm an analysis of all positions and identify essential duties, ADA requirements. Review
and revise the descriptions for each position, specifically including FLSA designations.
o
Review current compensation and classification procedures and recommend necessary
changes, including executive and management compensation programs, and incentive and
assignment pay programs. Further develop electronic administrative resources necessary to
maintain Human Resources Compensation and Classification system on an in-house basis.
6. Provide a detailed cost analysis report for implementing the recommended changes.
Develop a revised Pay Plan, collapsing the four pay schedules into one pay schedule,
demonstrating that the information used as benchmarks is appropriate to the City of Boynton
Beach and current with relation to the market.
8. Recommend resources necessary to maintain Human Resources Compensation and
Classification systems (on-line, in-house).
9. Update and create job specifications as needed in electronic format.
10. Develop recommendations and timetable for implementation including a four (4) year plan to
maintain and keep the plan competitive and current.
11. Develop a communications plan encompassing the entire project, informing the organization
of their involvement in the process, monthly progress reports, final results and
implementation plan.
12. The awarded consultant will provide five copies of the initial written draft of the study's
conclusions and recommendations submitted to the Director of Human Resources for review.
Following the City's review and revision of the report, 12 copies of the final arritten report,
and one electronic copy, will be submitted to the City Commission.
13. At the conclusion of the study, the awarded consultant will make a formal presentation to
City management and officials, describing methodology, findings and recommendations.
This presentation will be scheduled after the final report has been submitted.
The recommended system changes must meet all legal requirements, be nondiscriminatory and
provide for compliance with all pertinent federal, state and local regulations.