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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~