R98-063RESOLUTION NO. R98-~,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES TO THE
CITY OF BOYNTON BEACH BETWEEN THE CITY OF
BOYNTON
ASSOCIA'!
COMPREH
CLASSIFIC
BOYNTON
DATE.
WHEREAS, the
comprehensive compen.
WHEREAS, Davi(
with personnel kno~
BEACH AND DAVID M. GRIFFITH &
ES, LTD., PROVIDING FOR A
_:NSIVE COMPENSATION AND
ATION STUDY FOR THE CITY OF
BEACH; AND PROVIDING AN EFFECTIVE
City of Boynton Beach (City) is desirous to obtain a
;ation and classification study; and
M. Griffith &N Associates, Ltd., (Consultant) is staffed
ledgeable and experienced in compensation and
classification studies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY. OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute an
Agreement to Provide Professional Consulting Services to the City of Boynton
Beach, providing for a comprehensive compensation and classification study said
agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~' day of April, 1998.
ATTEST:
Ci~ Clerk
wpXresoXag re~! ~l~g~ass Study
3/27/98
CITY OF BOYNTON BEACH, FLORIDA
Vice MaY,¢~' ,// . ~
Commissioner
)MG
DAVID M. GRIFFITH & ASSOCIATES, LTD.
Professional Services for the Public Sector
1280 West Peachtree Street, Suite 200
Atlanta. Georgia 30309
404-874.6696 Fax: 404.874-5S90
March 23, 1998
Mr. Axthur Lee
City of Boynton Beach
Human Resource Departmem
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Dear Arthur:
Enclosed are two originals of the contract for David M. Griffith & Associates, Ltd.
(DMG) to conduct a Classification and Compensation Study for the City of Boynton
Beach. Each is signed by Donald A. Carter, DMG Vice President, and notarized. After
approval by council, please have each signed and attested per your procedures, and
forward one original to me.
Please call me or Don Carter at (404)874-6696 if you have any questions. We are very
much looking forward to beginning this study for the City of Boynton Beach.
Sincerely,
Sheryl A. Dallas, Manager
Human Resource Management Division
enclosures
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES TO
CITY OF BOYNTON BEACH
THIS AGREEMENT, entered into this day of , 1998, and
effective immediately by and between David M. Griffith & Associates, Ltd. (hereinafter called the
"Consultant") and The City of Boynton Beach, Florida (hereinafter called the "CITY"), WITNESSETH
THAT:
WHEREAS, the City is interested in obtaining a comprehensive compensation and classification
study and
WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in
compensation and classification studies and
WHEREAS, the City desires to engage the Consultant to develop a comprehensive compensation
and classification study,
NOW THEREFORE, the parties hereto mutually agree as follows:
1. Employment of Consultant. The City agrees to engage the Consultant and the Consultant
hereby agrees to perform the following services.
2. Scope of Services. The Consultant shall do, perform and carry out in a professional manner the
services set forth in the attachment to the letter of February 24, 1998, as amended, attached hereto as
Exhibit A and incorporated herein by reference.
3. Time of Performance. The services to be performed hereunder by the Consultant shall be
undertaken and completed in such sequence so as to assure their expeditious completion and best carry out
the purposes of the Agreement. The City and Consultant will select mutually agreeable dates for
interviews. Consultant shall perform all services and provide all work product required by this Agreement
by 150 days from the date written notice to prOceed is given unless an extension is granted in writing by
the City.
4. Compensation. The City agrees to pay the Consultant a total sum of $45,250 for completed
work and services rendered pursuant to the agreement. The total amount of payment to Consultant shall
not exceed 45~250 without the express written modification of the Agreement signed by both parties.
In the event Consultant is required to provide documents or testimony in response to claims,
demands er actions by third parties, Consultant shall bill the City for services rendered based on then
current professional fees and expenses incurred. No tasks shall be undertaken without prior notification to
the Cit3'. This provision is intended to apply only to third party actions based on the City's implementation
of Consultant's report and findings.
5. Method of Payment. The Consultant shall be entitled to payment in accordance with the
provisions of this paragraph. The Consultant's total fee is due and payable as follows:
Delivery of Draft Classification Plan (Internal Equity)
Delivery of Class Descriptions
Delivery of Draft Pay Plan
Delivery of Final Reports
$25,500
10,250
7,500
2.000
Total
$45,250
5. Method of payment cont'd. The Consultant's records and accounts pertaining to this agreement
are to kept available for inspection by representatives of the City and State for a period of three (3) years
after final payment. Copies shall be made available upon request.
6. ~. The City may, from time to time, require changes in the scope of the services of the
Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the
City and the Consultant, shall be incorporated in written amendment to this agreement.
7. Services and Materials to be Furnished by The City. The City shall furnish the Consultant
with all available necessary information pertinent to the execration of this agreement. The City shall
cooperate with the Consultant in scheduling and carrying out the work herein.
8. te Consultant shall fail to fulfill in
the City shall thereupon have the right to
terminate this agreement with or without cause, by giving written notice to the Consultant of such
incurred
member, 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, section shall not be a bar to renegotiations of this
agreemem and the Cityi if the citY so chooses.
9. Indemnification.
to that
and other
in Consu
harmless:
virtue Of ~
Each party shall be responsible for its own acts and will be responsible for all
~ut of the performance of this Agreement and which are due
and other unlawful conduct and the negligence, tortious acts
agents} officers and employees. In the absence of negligence
~ity Shall defend, indemnify. and hold Consultant free and
damages, expenses, fees and liabilities arising by
third parties Which are related in any way to
findings.
10. Limitation of Liability. The City agrees that Consultant's total aggregate limit of liability
hereunder (whether contract, s.tatutr}ry, in tort Or otherWise) for damages on any one or more or all claims
(regardless of the number of different or other claimg,, claimants or occurrences) shall not exceed the total
of professional fees paid under this contract. The City further agrees that Consultant shall not be liable to
the City .for any indirect, incidental~ special :or consequential damages, any lost profits or any claim or
demand agamst the C~ty:by any :other party, arising out of or m connection with the performance of
services hereunderi '
11. Non-Discrimination. 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. Governing Laws. Any dispute out of the terms or conditions of this agreement shall be
adjudicated within the courts of Palm Beach County, Florida. Further, this agreement shall be construed
under Florida law.
13. Copyright. The City acknowledges that the appraisal forms, job description formats,
comprehensive position questionnaire, compensation and classification plan and reports to be provided by
Consultant are copyrighted. The City agrees that all ownership rights and copyrights thereto lie with the
Consultant. The City retains the ownership of all documents, reports and plans produced pursuant to this
agreement and the Consultant retains the copyrights to the forms and methods used during performance of
the agreement. The City may use them solely for and on behalf of the City's operations.
13. Copyright cont'd The City agrees that it will take appropriate action by instruction,
agreement or otherwise with its employees to satisfy its obligations with respect to use, copying, protection
and security. The City shall be permitted to reiai~ coPies of all materials, reports, documents, and other
work produced by Consultant pursuant to this agreement.
14.
Consultant shall, at such time and in: form as the City
the statfis of
tO
15.
inspect all
steps
carried on w ~.
17
the Will
with the
mg
or remed, y
in
of
The invalidity
or eh:
A
reform the Agreement to replace
possible to the intent of the stricken
forth in
or'
the occurrence
the validity
be deemed
if the
agree to
res as close as
of the several sections, subsections, and paragraphs set
reference only and shall be disregarded in construing
19. ComPleteness of Contract. This contract and any additional or supplementary document or
documeflts: incorporated herein bY gpeCific reference contain all the terms and conditions agreed upon by
the parties hereto,' and no other a~reements, oral or otherwise, regarding the subject matter of this contract
or any part thereof shall have any validity or bind any of the parties hereto.
~ shall not be obligated or liable hereunder
to any
21. When Rights and Remedies Not Waived. In no event shall the making by the City of any
payment to the Consultant constitute or be construed as a waiver by the City of any breach of covenant,.or
any default which may then exist, on the part of the Consultant, and the making of any such payment ~y
th6 City while any su[:h breach or default exists shall in no way impair or prejudice any right or rem_ e.a.y
available to the City in respect to such breach or default. Waiver by the City of any provision of th~s
agreement or any time limitation provided for in this agreement shall not constitute waiver of any other
provision.
22. Perso,nnel. The Consultant represents that it has, or will secure at its own expense, all
personnel required in performing the services under this agreement. Such personnel shall not be
employees of or have ahy contractual relationship with the Cify. All of the services required hereunder
will be Performed by the ~2onsultant or under its sfiPervision and all personnel engaged in the work shall be
fully qualified to P~orm such services. The ConSultant and City agree that Consultant is an independent
contractor with respect to services provided Under this agreement.
22. Personnel cont'd, Neither Consultant nor any employee of Consultant shall be entitled to
any benefits accorded employees of the City. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security for the Consultant or Consultant's employees.
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. FOr breach or violation of this warranty, the
City shall be the without liability or, in its discretion to deduct from the co~ttract
price or consideration, or otherwise recover, the full amount of such fee, commission, percentage or
brokerage fee, giR or contingent fee.
The Consultant shall not sublet or assign any of the services covered by this agreement
without the express Written consent of the City.
The Consultant shall in performing the services contemplated by this agreement, faithfully
observe and comply with all federal, state and lOcal laws, ordinances and regulations that are applicable to
services to be rendered under this agreement.
23. Certificate of Insurance. Prior to the performance of services hereunder, Consultant shall
obtain insurance in accordance with the Insurance AdVisory Form attached hereto as Exhibit "B". Policies
of General Liability shall name City as additional'insured and shall prohibit cancellation of said policy
except upon thirty (30) days prior written notice to City.
24. Notices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if
sent by the parties hereto in the United states mail, postage paid, to the addresses noted below.
For the City of Boynton Beach:
Arthur Lee
City of Boynton Beach
100 E Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Donald A. Carter, Regional Vice President
David M. Griffith & Associates, Ltd.
1280 West Peachtree Street, Suite 200
Atlanta, Georgia 30309
IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first
written above.
CITY OF BOYNTON BEACH
ATTEST:
By:
Gerald Taylor, Mayor
Sue Kmse, City Clerk
DAVID M. GRIFFITH & ASSOCIATES, LTD.
Donald A. Carter, Regional Vice President
Sworn to and subscribed before me ,~.~ ~~lJ?rcj ,a _Notary Public, thisq~l~l~tay of
. .~, ..4~ A.; 199~.. My commission expires ?- .)~_,,-~. _.~')Xl---~ .
EXHIBIT A
The cost to the City of:BoyntOn Beach for the services and products as
described in the proposal submitted by David M. Griffith & Associates, Ltd. to
cc on
OW:
Data Gathering $ 8,500
EValuation / AnalySis 17,000
Development of Class Specifications .- 10,250
Salary Survey and Pay Plan Development
(includes custom survey and one imp ementation/cost
option) : 7,500
Final Reports 2,000
Implementation Plan Options
(one scenario, including cost projections, is included) $800
DMG is pleased to offer plan maintenance after the completion of the study.
This service is not part of this estimate, but-is provided for your future
consideratiOn.
Many clients use DMG to evaluate new positions, re-evaluate positions that
have changed, and write and/or edit class specifications. This service maintains
the objectivity that clients and their employees prefer. The costs for these
services are as follows:
Evaluate new or changed positions
Write Class Specifications
$75.00
$75.OO
The fees listed do not include services provided by the Consultant following
submission of its final report and recommendations. In the event DMG is
required to provide documents or testimony in response to claims, demands or
actions by third parties, DMG shall bill the City for services rendered based on
then-current professional fees and expenses incurred, including reasonable
attorney's fees. No tasks shall be undertaken without prior notification to the
City. This provision is intended to apply only to third-party actions based on the
City's implementation of DMG's report and findings.
City of Boynton Beach
Risl¢ Management Department
EXHIBIT B
INSUI~ .CE ADVISORY FOR~
Under the r~m~s and ¢~ndifio~s of ~il contracts. I~.ses. and agreem~n~ thc City. ,'~[uims ai~ropria~c coverages
l isdn by providing ~ Cenific.~e of ln~ur-~nc~ lisdn8
~he Cit~ Holder~
{NOTE: An insurance
~qui~d by ~he Ci~: (NOTE: Thh ~ot ail Inclusive, ~d the ~ ~. ~e right to ~uire
additional ~yF~ of
.TYPE
General
(Occurrence Based Only)
Liability.
Commercial General L/~bili~
O~ners & Con~'~or's P~t.
Liquor Li~b/lity
Professional Liability.
Ernploye~s & Officers
Poilut/on Liability
A.sbesros Abatement
~ Paint Aba~em~at
Brc~d Form Vendors
Un~d Explosion ~ Collapse
Products Campl~ed G'perdfions
Con~-~-:ual
Independ~t Couh~-'ior~
Broad Form Property Damage
Fira L~g~l Liabilir!
Buildeffs Risk (Limits based on Projc,~ Cost)
MINIMUM :LIM~ REOUIRIrD
G~ncr~l Ag~r~ga~ $1,0~.~.~
~du~~ A~ S 1,~,~
Pe~ & A~. ~j~ $ l,OOO,~.~
~h ~,~,~ S i.~,~.00
Firc D~e (~y one ~) S ~,~.00
Med. E~ (~y one ~oa) S 5,0~.00
Automobile Liabili~
Any Auto
All Ow~-d Autos
Scheduled Auras
Hired Autos
Non-Owr~i
G~ L~bil~
Any A~
G~e K~ L~i~
Excess Li~bili~
Umbr~l{s Form
Combined Single Limit
Bodily Inju~ (per person)
Bodily Injm-y f{~ accident)
Trailer
mba d~,~:'mir~d
to b~ d~g'rmined
to b~ d~'.~rm/ned
$
Aura O~ly, ~c,h A~id.'nt $1,0~0,0fl0.00
0~l~ A~o Only $
~ ^¢cidem $ l,~0,0fl0.00
Aggregate $1.0~0,0fl0.0fl
Eu:h Occurr~nc.~ to b~ dec.mined
Aggrcg,~te to b~ dcterm/ncd
Wo~er's Compensation
Employer's Li~biti~
Limit ~ .~OO,OOO.O0
Empiuyee $
Othgr. As Risk Identified to t~ d~t~trnin~l :I~,~.~
R~-~Lt RA~C.~,AOV1~.OR'y'FO RMO2 R~.L~e~ 0~7
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES TO
CITY OF BOYNTON BEACH
THIS AGREEMENT, entered into this ,/~' day of ~,~eY., , 1998, and
effective immediately by and between David M. Griffith & Associates, Ltd. (hereinafter called the
"Consultant") and The City of Boynton Beach, Florida (hereinafter called the "CITY"), WITNESSETH
THAT:
WHEREAS, the City is interested in obtaining a comprehensive compensation and classification
study and
WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in
compensation and classification studies and
WHEREAS, the City desires to engage the Consultant to develop a comprehensive compensation
and classification study,
NOW THEREFORE, the parties hereto mutually agree as follows:
1. Employment of Consultant. The City agrees to engage the Consultant and the Consultant
hereby agrees to perform the following services.
2. Scope of Service~. The Consultant shall do, perform and carry out in a professional manner the
services set forth in the attachment to the letter of February 24, 1998, as amended, attached hereto as
Exhibit A and incorporated herein by reference.
3. Time of Performance. The services to be performed hereunder by the Consultant shall be
undertaken and completed in such sequence so as to assure their expeditious completion and best carry out
the purposes of the Agreement. The City and Consultant will select mutually agreeable dates for
interviews. Consultant shall perform all services and provide all work product required by this Agreement
by 150 days from the date written notice to proceed is given unless an extension is granted in writing by
the City.
4. Compen~a~[i0n. The City agrees to pay the Consultant a total sum of $45,250 for completed
work and services rendered pursuant to the agreement. The total amount of payment to Consultant shall
not exceed 45,250 without the express written modification of the Agreement signed by both parties.
In the event Consultant is required to provide documents or testimony in response to claims,
demands or actions by third parties, Consultant shall bill the City for services rendered based on then
current professional fees and expenses incurred. No tasks shall be undertaken without prio, notification to
the City. This provision is intended to apply only to third party actions based on the City's implementation
of Consultant's report and findings.
5. Method of Payment. The Consultant shall be entitled to payment in accordance with the
provisions of this paragraph. The Consultant's total fee is due and payable as follows:
Delivery of Draft Classification Plan (Internal Equity)
Delivery of Class Descriptions
Delivery of Draft Pay Plan
Delivery of Final Reports
$25,500
10,250
7,500
2.0o0
__ Toml $45,250
5. Method of Payment cont'd. The Consultant's records and accounts pertaining to this agreement
are to kept available for inspection by representatives of the City and State for a period of three (3) years
after final payment. Copies shall be made available upon request.
6. Changes. The City may, from time to time, require changes in the scope of the services of the
Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the
City and the Consultant, shall be incorporated in written amendment to this agreement.
7. Services and Materials to be Furnished bv The City_. The City shall furnish the Consultant
with all available necessary information pertinent to the execution of this agreement. The City shall
cooperate with the Consultant in scheduling and carrying out the work herein.
8. Rights to Terminate Contract. If, through any cause, the Consultant shall fail to fulfill in
timely and proper manner its obligation under this agreement, the City shall thereupon have the right to
terminate this agreement with or without cause, by giving written notice to the Consultant of such
termination at least five (5) days before the effective date of such termination. In the event of termination
pursuant to this paragraph, Consultant shall be entitled to compensation for services rendered and expenses
incurred through date notice of termination is received bY Consultant. 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 l~ereby 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 the surviving members oi;the Consultants and the City, if the City so chooses.
9. Indemnification. Each party shal'~
damages, costs, fees and expenses which aris
to that party's own negligence, tortious acts
and other unlawful conduct of its respective
in Consultant's performance hereunder, the
harmless from and against any claims, dema~
virtue of any and all claims, demands or act
City's implementation of Consultant's recorm
be responsible for its own acts and will be responsible for all
i out of the performance of this Agreement and which are due
and other u~lawful conduct and the negligence, tortious acts
!gents, officers and employees. In the absence of negligence
City shah defend, indenmify and hold Consultant free and
ids, actions, damages, expenses, fees and liabilities arising by
ons brought by third par:ties which are related in any way to
aendations and f'mdings.
10. Limitation of Liabili~. The City agrees- that Consultant's total aggregate limit of liability
hereunder (whether contract, statutory, in togor otherwise) for damages on any one or more or all claims
(regardless of the number of different or other claims, claimants or occurrences) shall not exceed the total
of professional fees paid under this contract./The City further agrees that Consultant shall not be liable
to
the City for any indirect, incidental, special] or consequential damages, any lost profits or any claim or
demand against the City by any other party, arising out of or in connection with the performance of
services hereunder.
11. Non-Discrimination. 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. Governin~ Laws, Any dispute out of the terms or conditions of this agreement shall be
adjudicated within the c~urts of Palm Beach County, Florida. Further, this agreement shah be construed
under Florida law.
13. ~ The City acknowledges that the appraisal forms, job description formats,
comprehensive position questionnaire, compensation and classification plan and reports to be provided by
Consultant are copyrighted. The City agreeSthat all ownership rights and copyrights thereto lie with the
Consultant. The City retains the ownership of all documents, reports and plans produced pursuant to this
agreement and the Consultant retains the copyrights to the forms and methods used during performance of
the agreement. The City may use them solely for and on behalf of the City's operations.
13. Copyright cont'd The City agrees that it will take appropriate action by instruction,
agreement or otherwise with its employees to satisfy its obligations with respect to use, copying, protection
and security. The City shall be permitted to retain copies of all materials, reports, documents, and other
work produced by Consultant pursuant to this agreement.
14. Information and Renorts. The Consultant shall, at such time and in such form as the City
may require, furnish such periodi~ reports concerning the status of the project as may be requested by the
CitT. The Consultant shall furnish the City, upon request, with copies of all documents and o~her materials
prepared or developed in relation with or as part of the project.
15. Records and lnsnections. The Consultant shall maintain full and accurate records with respect
to all matters covered under-this agreement. The City shall have free access at ali proper times to such
records and the right to examine and audit the same and to make transcripts therefrom, and to inspect all
program data, dOcuments, proceedings and activities.
16. Accomnlishment of Proiect. The Consultant shall commence, carry on, and complete the
project with all practicable dispatch, ]na sound economical and efficient manner, in accordance with the
provisions thereof and all applicable laws. In accomplishing the project, the Consultant shall take such
steps as are appropriate to insure that the work involved is properly coordinated with related work being
carried on within the City.
17. Provisions Concerning Certain Waivers. Subject to applicable law, any right or remedy
which the City may have under this contract may be waived in writing by the City by a formal waiver, if, in
the judgment of the City, this contract, as so modified, will still conform to the terms and requirements of
pertinent laws.
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence
of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity
or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties fitrther agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
18. Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set
forth in this contract are inserted for convenience of reference only and shall be disregarded in construing
or interpreting any 0fthe provisions of this contract.
19. Completeness of Contract. This contract and any additional or supplementary document or
documents incorporated herein by specific reference contain all the terms and conditions agreed upon by
the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract
or any part thereof shall have any validity or bind any of the parties hereto.
20. The City_ not Obligated to Third Parties. The City shall not be obligated or liable hereunder
to any party other than the Consultant.
21. When Rights and Remedies Not Waived. In no event shall the making by the City of any
payment to the Consultant constitute or be construed as a waiver by the City of any breach of covenant, or
any default which may then exist, on the part of the Consultant, and the making of any such payment by
the City while any such breach or default exists shall in no way impair or prejudice any right or remedy
available to the City in respect to such breach or default. Waiver by the City of any provision of this
agreement or any time limitation provided for in this agreement shall not constitute waiver of any other
provision.
22. Personnel. The Consultant represents that it has, or will secure at its own expense, all
personnel required in performing the services under this agreement. Such personnel shall not be
employees of or have any contractual relationship with the City. All of the services required hereunder
will be performed by the Consultant or under its supervision and all personnel engaged in the work shall be
fully qualified to perform such services. The Consultant and City agree that Consultant is an independent
contractor with respect to services provided under this agreement.
22. Personnel cont'd, Neither Consultant nor any employee of Consultant shall be entitled to
any benefits accorded employees of the City. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security for the Consultant or Consultant's employees.
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. For breach or violation of this warranty, the
City shall be 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 or
brokerage fee, gift or contingent fee.
The Consultant shall not sublet or assign any of the services covered by this agreement
without the express written consent of the City.
The Consultant shall in performing the services contemplated by this agreement, faithfully
observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to
services to be rendered under this agreement.
23. Certificate of Insurance. Prior to the performance of services hereunder, Co~s,u, ltant shall
obtain insurance in accordance with the Insurance Ad;~isory Form attached hereto as Exhibit' B . Policies
of General Liability shall name City as additional insured and shall prohibit cancellation of said policy
except upon thirty (30) days prior written notice to City.
24. Notices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if
sent by the parties hereto in the United States mail, postage paid, to the addresses noted below.
For the City of Boynton Beach:
Arthur Lee
City of Boynton Beach
100 E Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Donald A. Carter, Regional Vice President
David M. Griffith & Associates, Ltd.
1280 West Peachtree Street, Suite 200
Atlanta, Georgia 30309
IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date fu'st
written above.
CITY OF BOYNTON BEACH
I>AVIl} M. GmmT}~ ASSOCtATES, LTl}.
ATTEST: ~
CITY ATtO R NEY
Sue ICruse, City Clerk
Donald A. Carter, Regional Vice President
Sw. oj:O_to and subscribed before me ~ ~E~f~ ,.a Notary Public, thi _S~'ay of
? ./~'_.A.. 199~' . M37commission expires ~'J'~A~. ~_ .
EXHIBIT A
The cost to the City of Boynton Beach for the services and products as
described in the proposal submitted by David M Griffith & Associates, Ltd. to
conduct a classification and compensation study for the City is based on
approximately 925 employees in 252 classifications, and is provided below:
Data Gathering $ 8,500
Evaluation / Analysis 17,000
Development of Class Specifications 10,250
Salary Survey and Pay Plan Development
(includes custom survey and one implementation/cost
option) 7,500
Final Reports 2,000
Implementation Plan Options
(one scenario, including cost projections, is included) $800
DMG is pleased to offer plan maintenance after the completion of the study.
This service is not part of this eStimate, but is provided for your future
consideration.
Many clients use DMG to evaluate new positions, re-evaluate positions that
have changed, and write and/or edit class specifications. This service maIntains
the objectivity that clients and their employees prefer. The costs for these
services are as follows:
Evaluate new or changed positions
Write Class Specifications
$75.00
$75. OO
The fees listed do not include servilces provided by the Consultant following
submission of its final report and recommendations, in the event DMG is
required to provide documents or testimony in response to claims, demands or
actions by third parties, DMG shall bill the City for services rendered based on
then-current professional fees and expenses incurred, including reasonable
attorney's fees. No tasks shall be undertaken without prior notification to the
City. This provision is intended to apply only to third-party actions based on the
City's implementation of DMG's report and findings.
Ci~ of BoynWn B~a¢~
EXHIBIT B
INSURANCE ADVISORY FOR~
Unck. r t. he rc-rms and c~didons or' ail ccmtz-acrs, leme.~, and ~emm~
lisfint ~c Ci~ of ~mn ~h ~ A~itio~l ~ ~h ~ ~e by Fov~g
the Ci~ ~ "C~fi~ ~old~ md ~e Ci~ of Bo~n B~ ~ A~nai
(N~: ~n i~a~ ca~r or b~ m~ ~. ~ ~ proof of i~.~
:elect/on of~) ~e fotlow~g is a list of~ of ~s~c= rg~imd of~n~,
mq~md by the C[~: (NO~: ~h Iht ~ not ail incl~ ~d th~ ~ ~ ~e ri~flt m ~uire
nddi~onai ~p~ of i~u~nc~ or m robe ~r bwer the s~ limit, ~ ~n
T'/'P~ (Occ~rmnc= Breed Only) ~lll~l~rlJM LI~
E~ploy~a & 0~ Me~ ~ (~y one
L~ P~t
Bm~ F~ V~
$ l,OOO.~O.C~]
$1,0~0,060.00
$
$
$
Collapse
AI
PruDery/Dama~
o~ Proj~ Cog)
PIP
Inmrmodal
Liabilk. y
Any Aam
~an~e K~'ts Lial~lit~
Exc~ Liabiliw
Umbrella Form
Combined Shg/e Limit
Bodily injury (per i~'mon)
Bod~y Injm"y (.per
Trailer lnt. e~v. hange
to ~
to ~e ale'.ermined
$
Auto Only, Etch Ac;id~t ~ l,O~O,O~.O0
A~ ~ 1.0~,~.~
m be d~m-mincd
Worker's C~mla~-m~n
Empley~. ~ Liabiii.'y
S~-um~y Limks
Enc.~ Ac~ide'at $ 100,000.00
Dis~. l~llcy L/mit
D/~.~ ~ E.'npioyec ~ IO0,C'O0.O0
0~. - As Risk ld~ified m be d~'mine~