Condrey and Associates, Inc. RFP 05-07/08
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
CONDREY AND ASSOCIATES INC.
FOR A JOB CLASSIFICATION AND COMPENSATION STUDY
PURSUANT TO REQUEST FOR PROPOSALS NO. 05-07/08
This Professional Services Agreement ("Agreement") is entered into this l~~ day of
,~J/9-IZt~ , 2008, between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of Florida ("City"), having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and
CONDREY AND ASSOCIATES, INC. (Consultant), a ~~ corporation, whose address
is 1210 Bent Creek Road Bogart, GA 30622.
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any
exhibits and amendments thereto.
City Manager: The Chief Administrative Officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement, as described in Section 2.
Fee: Amount paid to the Consultant to cover the costs of the Services as
more specifically described in Section 3.
Project: Project shall mean the Job Classification and Compensation Study, as
contemplated in this Agreement and the Proposal Documents,
including, without limitation all Services to be performed by Consultant.
The "Project", as defined herein, may also be referred to as the
"Study".
Proposal Documents: Proposal Documents shall mean the City Request for Proposals No.
05-07/08 for a JOB CLASSIFICATION AND COMPENSATION
STUDY, together with all amendments thereto, issued by the City in
contemplation of this Agreement (the RFP), and the Consultant's
proposal in response thereto (Proposal), all of which are hereby
incorporated by reference and made a part hereof; provided, however,
that in the event of an express conflict between the Proposal
Documents and this Agreement, the following order of precedent shall
prevail: this Agreement; the RFP; and the Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139, telephone number
(305) 673-7000, Ext. 6435, and fax number (305) 673-7023.
SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 Project Scope
The Consultant shall achieve the following objectives and provide the following services for
the City throughout the term of this Agreement.
2.1.1 Project Overview
The purpose of the Project is to examine the City's current classification schedule, and
appropriately update 388 job classifications (Classified and Unclassified) to ensure internal
equity and external competitiveness. The Project shall consist of an analysis of the City's job
descriptions and duties, compliance with Fair Labor Standards Act (ELBA) regulations and
Equal Employment Opportunity (EEO) Class Codes, and amarket-rate analysis of pay. In
addition, the Consultant shall recommend strategies to shift the paradigm to control future
escalation of personnel costs.
The Consultant shall develop practical and affordable solutions that are fair, impartial, and
effective to ensure that priority is given to the service delivered by the City to its residents
and businesses. The Consultant shall work primarily with a working group of City staff,
including, without limitation, representatives from the City's Human Resources Department,
Office of Budget and Performance Improvement, whom purpose shall be to gather
information and serve in afact-finding advisory capacity to the City Manager and the Mayor
and City Commission, respectively. The Consultant shall also work with and present its
findings to an advisory City steering committee, to be comprised of representatives from
operating and administration sectors of the City, as well as representatives from the City's
unions, the City's Budget Advisory Committee, the City's Personnel Board, and the
community, all as the City Manager may deem appropriate. In addition, the Consultant shall
present its findings and recommendation (s) to the City Manager, and subsequently to the
City Commission's Committee of the Whole, at least twice during the Project.
All work product produced by the Consultant for the Project is intended to be and shall
become the property of the City. This includes, without limitation, the job evaluation system,
job descriptions, position questionnaires, performance appraisal system, salary survey data,
and all training materials. These products will also be provided to the City in electronic form,
at no additional charge for this service.
2.1.2 Proiect Planning and Kick-off
Objectives:
• Confirm study objects and methodology.
Tasks:
1. The Consultant shall conduct interviews with the Mayor and the individual City
Commissioners and the City Manager, as well as the Project steering committee,
focusing on their expectations from the Study. In addition, these interviews will serve
to reinforce the Study objectives, methodology, and expected end results to City
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management and other stakeholders, as well as gain their support for the Study
effort.
2. The Consultant shall review and analyze documents provided by the City detailing the
current personnel policies and procedures, job classification system and pay, as well
as documents describing City services and programs.
2.1.3 Phase I
Objectives:
Review all classification titles, illustrative duties, knowledge, skills, and abilities
(KSA's), minimum requirements, and determine if positions are properly allocated to
the appropriate classifications.
o Develop and administer employee surveys and/or questionnaires
o Develop and conduct employee interviews
o Conduct on-site observation of work being performed
o Utilize other such methods as required
o Conduct internal review of maximums and minimums, time between steps,
and total compensation for all classifications in the City
o Conduct internal benchmarking of City positions throughout the organization
• Analyze exempt and non-exempt classification designations as mandated by the Fair
Labor Standards Act (ELBA) and recommend any changes as applicable.
• Analyze Equal Employment Opportunity (EEO) class codes for each classification
and recommend any changes as applicable.
Tasks:
1. The Consultant will conduct interviews with the City Manager, the Assistant City
Managers (and their respective departments, as appropriate), the Director of the
Office of Budget and Performance Improvement, the Chief Financial Officer, the
Director of Human Resources, the Police Chief, the Fire Chief, and the Assistant to
the City Manager, to obtain insight regarding unique challenges that may exist in
conducting surveys and interviews in different operating areas of City government.
2. Individual City employees will be apprised of Project activities through a series of
Project orientation sessions.
3. The Consultant shall develop a detailed job survey form to be completed. by position
incumbents. This data will serve as the basis for generating updated job descriptions,
job classifications, and job evaluations (ranking of jobs). The Consultant shall make
these forms available in Spanish as well as English. To the extent questionnaires are
required in other languages, the Consultant shall make these available also.
4. The Consultant shall conduct extensive interviews or desk audits with full-time
position incumbents (approximately 25% of the workforce). A minimum of one
employee will be interviewed in each classification. Proposed employees to be
interviewed will be reviewed with the Director of Human Resources and the Director
of Budget and Performance Improvement prior to implementation. This wilt help
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assure an accurate and internally equitable classification plan that is accepted by
management as well as the City's employees.
5. After the job survey, job audits, and interview data are analyzed, the Consultant shall
complete a properly formatted job description for each job. The written job
description will draw on four sources of information: (1) current job descriptions, (2)
information from the job survey, (3) supervisors' review and critique, and (4)
interviews and job audits. All job descriptions will be written specifically for the City of
Miami Beach. Only one writer and one editor shall be used to provide a set of job
descriptions that is consistent, content valid, and legally acceptable. These job
descriptions can be used as a basis for a new job-based performance appraisal
system the Consultant shall provide to the City. The appraisal system will also become
the property of the City of Miami Beach. The City may choose, at its sole option and
discretion, to select the Consultant to conduct related performance appraisal training
Deliverables
Updated descriptions for each job and a classification system based on job content
analysis
2.1.4 Phase II
Objectives:
Determine if classifications are appropriately compensated on an internally consistent
basis and relative to comparable municipalities and private sector agencies on a local
and national scale and determine market position (Internal and External Equity
Analysis)
o Conduct external review of maximums and minimums, time between steps,
and total compensation for all classifications in the City
o Conduct external benchmarking of City positions throughout the organization
Tasks:
The Consultant shall conduct a compensation survey of public and private
organizations specifically for this Project. Approximately 25 public and private
organizations will be invited to participate in the survey including, without limitation,
the following organizations in the region: Burger King, Ryder, Royal Caribbean,
Carnival, Wackenhut, Mount Sinai Hospital, Jackson Memorial Hospital, Miami-Dade
College, University of Miami, Humana, and the governments of Miami-Dade County,
and the cities of Fort Lauderdale, Miami, and other selected cities from the City's
standard list of comparable governments.
• The compensation survey will include both salary and other compensation
components, including: pension, health care, leave benefits, and other benefits,
well as compensation policies and prior practices regarding cost of living
adjustments, etc.
• The compensation survey component of this Project will be conducted by the
Florida Survey Research Center at the University of Florida (FSRC), which, for
the purpose of this Agreement, shall be deemed to be asub-consultant of the
Consultant.
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• The FSRC shall manage all components of survey research, from questionnaire
development and population sampling, to telephone interviewing and statistical
data analysis.
The FSRC shall be responsible for quality control for the survey, including
supervision, questionnaire pre-testing, extensive interviewer training, telephone
monitoring systems, and advanced computer programs to ensure high quality
results. The FSRC shall utilize a CATI (computer assisted telephone
interviewing) system, an interactive front-end computer system that aids
interviewers in asking questions over the telephone. Data shall be automatically
and instantaneously recorded into an ASCII format database. The data files shall
then be analyzed using the comprehensive statistical analysis package, the
Statistical Analysis System (SAS).
2. The Consultant shall collect, review, and format published comparable compensation
data covering relevant public and private organizations, including current and
historical data from published sources such as the U.S. Bureau of Labor Statistics,
Compensation 2008, published by the International City/County Management
Association; Compensation Report 2008, published by the International Public
Management Association for Human Resources, and other relevant and appropriate
published sources.
3. The Consultant shall analyze and format the survey data for use in establishing
competitive pay levels and trends.
4. After the survey data is compiled, the Consultant shall review all data generated to
this point with the Director of Human Resources and the Director of Budget and
Performance Improvement to determine what additional information needs to be
considered before recommending pay grades and classifications..
5. The Consultant shall utilize a modified version of the Factor Evaluation System (FES).
FES is the most widely utilized point-factor evaluation system and is the basis for
most all other point-factor job evaluation systems.
6. Training in FES application will be provided to the City's Human Resources staff.
Also, the Consultant will provide follow-up technical assistance to the City for one
year following implementation of Project recommendations (to include additional
training to insure that the system is properly maintained). All FES data calculations
shall be available in electronic format and the City shall not have any copyright or
royalty fees associated with its use.
7. The Consultant shall establish recommended pay grades based on the job evaluation
results and the wage survey.
8. The Consultant shall recommend a series of career ladders and lattices, as appropriate,
as an overlay to the classification system developed through the job evaluation system.
These career ladders shall provide avenues for managerial flexibility as well as individual
employee incentive and achievement.
9. The Consultant shall establish pay steps or ranges in each grade reflecting t the data
from Phases I and II.
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10. The Consultant shall meet with the working group of City employees referenced in
subsection 2.1.1 hereof, the City Manager, the steering committee and the
Committee of the UVhole to present findings from Phase I and Phase II, and
determine what additional information needs to be considered before moving to the
next Phase.
Deliverables
• A recommended pay plan based on job analysis, job evaluation, and salary survey
data
• A sustainable compensation and classification process that is not only technically
sound, but easily updated
• Training for designated personnel in each step of classification and pay plan
development to help insure the implementation and maintenance of the classification
process and pay plan
2.1.5 Phase III
Objectives:
• Identify best practices of other local jurisdictions across the country and private
entities used to control personnel costs.
• Develop practical strategies to control future escalation of personnel costs in the City
of Miami Beach.
• Assess the impact on proposed changes including community relations, morale, cost
impacts, and other support requirements.
• Review the results of key findings from each phase of the Study with the working
group referenced in subsection 2.1.1 hereof, the City Manager, the steering
committee, and Committee of the Whole prior to developing final recommendations
Tasks:
1. The Consultant shall conduct surveys of best practices and review of published
information for total compensation cost containment including approaches for cost of
living adjustments, pension increases, changes to benefits, etc. These may be done
separately or in conjunction with the compensation surveys to be conducted in
Section 2.1.3 (Phase II).
2. The Consultant shall provide the City with three implementation plans showing the
relative impact of differing funding levels on the compensation plan, including rules
and procedures for implementing and administering the classification and
compensation system. This will provide the City with a degree of flexibility in
implementing the Project. Back-up data will provide individual employee salary
calculations for placement in the new plan. Additionally, the Consultant shall detail
the cost of any equity adjustment necessary to ease employee pay compression.
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3. In addition, within three (3) months following implementation of Project
recommendations, the Consultant shall establish an internal process which would
provide employees with a mechanism for review of their individual classification in the
Study. The appeals process will provide employees an opportunity to provide written
justification for appealing their classification. The Consultant shall reply to all appeals
in writing and shall conduct telephone or onsite reviews to ascertain the nature of the
appeals. Notwithstanding the preceding, the aforestated internal process shall be
for the review of classifications as they appear in the Study, and shall be in no way,
either express or implied, be deemed to be a formal appeals or other process
pursuant to the policies and procedures of the City of Miami Beach employment
system.
4. Meet with the working group in subsection 2.1.1, the City Manager, the steering
committee, and the Committee of the Whole to present findings from Phase I, Phase
II and Phase III and determine what additional information needs to be considered
before moving to the next phase.
Deliverables
• A summary of Best Practices for benchmark organizations of potential strategies to
contain escalation of future personnel costs
• Estimated cost impact of the alternative pay plans
• Summary of potential morale issues and recommended strategies to address
2.1.6 Phase IV -Recommendations and Implementation
Objectives:
Finalize recommendations based on input received from the City Manager, the
steering committee, and the Committee of the Whole.
Submit final report, including final recommendations, to the City Manager, and
present same to the City Commission.
Provide steps and strategies necessary for implementation of recommendations.
Tasks:
1. The Consultant shall prepare a final report containing the resulting study
recommendations, implementation steps and strategies.
2. The Consultant shall provide a reasonable level of ongoing technical assistance
necessary to ensure successful implementation of Project recommendations.
3. The Consultant shall present its final report for the Project including final
recommendations) to the City Commission,.
2.1.7 Presentation of Results
The Consultant shall prepare briefings/presentations on the key findings from all Phases of
the Project and the final report, to the City Manager and his senior executive staff, the
steering committee, and the Mayor and individual City Commissioners. The presentations
shall include:
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~ Description of study methodology
~ Response rates for employee compensation questionnaires
~ Summary of compensation survey results
~ Estimated cost impacts of the alternative and recommended pay plans
~ A summary of Best Practices for benchmark organizations of potential strategies to
contain escalation of future personnel costs
~ Summary of recommended strategies to contain escalation of future personnel costs
~ Summary of potential morale issues and recommended strategies to address these
~ Final Report
Deliverable:
• Consultant shall provide electronic copies of PowerPoint Presentations and in-person
delivery to the City.
2.1.8 CONSULTANT'S PROJECT TEAM
Steve Condrey will serve as Project director and will coordinate all direct contacts with the
City in conjunction with Jan Hansford and Mark Knowles. He will also coordinate the
classification interview schedule, personally interview top administrative personnel, be
responsible for constructing the overall classification plan, direct the salary survey, calculate
project implementation costs, review the proposed classification plan with appropriate City
officials, conduct employee classification appeals (if any), and be available on an as-needed
basis for follow-up technical assistance and training during the year following the City
Commission's acceptance of the final report.
Jan Hansford and Mark Knowles will serve as the Consultant's assistant Project directors
and will assist Steve Condrey in the above outlined duties. They will also coordinate the
classification interviews in conjunction with other Consultant staff and sub-consultants
assigned to the Project.
Dr. Greg Reece and Chrissy Kolaya will comprise the writing team for the Project. Linda
Seagraves and Patrick Steed will coordinate salary data collection activities conducted by
the University of Florida as part of this Project and will calculate the costs of various Project
implementation plans. Dr. Jonathan West will assist in coordinating the Best Practices
survey and Ilka Decker will provide language/translation coordination. In addition, the
following individuals will serve as subject matter experts for specific classifications:
• Public Works: Mr. Edward Hand;
• Public Safety: Mr. Gene Mays;
• Fire: Mr. James E. Hansford;
• Social Services: Mr. Reuben Lasseter;
• Public Works/Presentations: Mr. Carl McCoy;
• Equity Analysis: Dr. Rex Facer; and
• Finance and Information Technology: Mr. Mike Mahathirath.
Exhibit "A" summarizes the relevant experience and expertise of the Consultant's aforestated
Project team. Changes in aforestated Project team members shall require the prior written
approval of the City Manager prior to implementation.
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2.1.9 Sub-Contractors
The Consultant shall be liable for the Consultant's services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-contractors,
and any other person or entity acting under the direction or controls of the Consultant.
When the term "Consultant" is used in this Agreement, it shall be deemed to include any
sub-consultants and any other person or entity acting under the direction or control of
Contractor. All sub-consultants must be approved of in writing prior to their engagement by
Consultant.
SECTION 3
TERM/PROJECT TIMELINE
3.1 TERM
The term of this Agreement shall commence upon execution of this Agreement by all
parties hereto, and shall terminate twelve (12) months from the date set forth on page 1 of
the Agreement (the Commencement Date), unless earlier terminated as otherwise provided
in this Agreement in Section 4.
3.2 PROJECT TIMELINE
Months
Activity 1 2 3 4 5 6 7 8 9
Project Orientation ~
Distribute Position
Questionnaires
Conduct Salary Survey
Return Position Questionnaires
Conduct Employee Interviews
Develop Preliminary Cost
Estimate _
Conduct Best Practice Review For
Cost Containment Strategies
Develop Recommendations for
Cost Containment & Morale
~
Present Preliminary Report
Publish Final Report ~
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SECTION 4
COMPENSATION FOR SERVICES
4.1 COST OF SERVICES
The cost charged by the Consultant for those Services, or portions thereof, satisfactorily
performed pursuant to this Agreement shall be as follows:
PHASE Price
Pro'ect Plannin & Kick-off $17,031.25
Phase L
.Sala Surve Pre aration & Administration $15,250.00
Position Interviews $65,625.00
Job Descri tion Pre aration $28,500.00
Phase II, Ill & IV $51,093.75
Subtotal $177,500.00
Estimated Travel Costs $17,500.00
4.2 INVOICING
Payments shall be made for Services satisfactorily rendered, pursuant to the Scope of Work
and Task Deliverables specified in Section 2.1, and upon completion of each Phase, within
thirty (30) days of the date of invoice, in a manner satisfactory to, and as reasonably
approved and received by, the City. Such Invoice shall include a detailed description of the
Services provided. Travel expenses will be billed as incurred based on supporting receipts
and invoices and at costs consistent with Florida Statutes.
Consultant shall mail all Invoices to:
City of Miami Beach
1700 Convention Center Drive
City Manager's Office - 4th Floor
Miami Beach, Florida 33139
Attn: Kathie G. Brooks, OBPI Director
4.3 METHOD OF PAYMENT
Within thirty (30) days of the approval by the City of an appropriately filed Invoice, the City
shall provide Consultant with a check for payment of the approved amount. Payments shall
only be made on approved invoices for Services (or portions thereof) satisfactorily
performed.
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SECTION 5
TERMINATION, SUSPENSION AND SANCTIONS
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates any of the
covenants, agreements, or stipulations material to this Agreement, the City shall
thereupon have the right to terminate the Services then remaining to be performed.
Prior to exercising its option to terminate for cause, the City shall notify the Consultant
of its violation of the particular terms of this Agreement and shall grant Consultant
fifteen (15) days to cure such default. If such default remains uncured after fifteen
(15) days, the City, upon three (3) days' notice to Consultant, may terminate this
Agreement and the City shall be fully discharged from any and all liabilities, duties
and terms arising out of/or by virtue of this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall additionally be entitled to
bring any and all legal/equitable actions that it deems to be in its best interest in order
to enforce the City's right and remedies against the defaulting party. The City shall
be entitled to recover all costs of such actions, including reasonable attorneys' fees.
To the extent allowed by law, the defaulting party waives its right to jury trial and its
right to bring permissive counter claims against the City in any such action.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE,
TERMINATE THE SERVICES THEN REMAINING TO BE PERFORMED AT ANY
TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO
CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE
FIFTEEN (15) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE
WRITTEN TERMINATION NOTICE. IF THE AGREEMENT IS TERMINATED BY
THE CITY AS PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID
FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY
THE CITY, AT ITS DISCRETION, UP TO THE DATE OF TERMINATION.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
5.4 SANCTIONS
In the event of the Consultant's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City or the
State of Florida may determine to be appropriate, including but not limited to,
withholding of payments to the Consultant under the Agreement until the Consultant
complies and/or cancellation, termination or suspension of the Services. In the
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event the City cancels or terminates the Services pursuant to this Subsection the
rights and obligations of the parties shall be the same as provided in Section 5..2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees and agents, from and against any and all actions, claims, liabilities, losses, and
expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or
bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may
arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful
conduct of the Consultant, its employees, agents, sub-Consultant, or any other person or
entity acting under Consultant's control, in connection with the Consultant performance of the
Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such
claims and losses and shall pay all such costs and judgments which may issue from any
lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees
expended by the City in the defense of such claims and losses, including appeals. The
parties agree that one percent (1 %) of the total compensation to the Consultant for
performance of the Services under this Agreement is the specific consideration from the City
to the Consultant for the Consultant's Indemnity Agreement.
The Consultant's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any actions or claims which arise or are alleged to have arisen from negligent acts or
omissions or other wrongful conduct of the City and its officers, employees and agents. The
parties each agree to give the other party prompt notice of any claim coming to its knowledge
that in any way directly or indirectly affects the other party.
6.2 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all insurance
required under this Section has been obtained and such insurance has been approved by
the City's Risk Manager. The Consultant shall maintain and carry in full force during the term
of this Agreement the following insurance:
1. Consultant General Liability in the amount of $1,000,000.
2. Consultant Professional Liability in the amount of $200,000.
3. Workers Compensation & Employers Liability as required pursuant to Florida statute.
4. The insurance must be furnished by insurance companies authorized to do business in the
State of Florida and approved by the City's Risk Manager.
5. Original certificates of insurance for the above coverage must be submitted to the City's
Risk Manager for approval prior to any work commencing. These certificates will be kept on
file in the office of the Risk Manager, 3`d Floor, City Hall.
6. The Consultant is solely responsible for obtaining and submitting all insurance certificates
for its sub-consultants.
All insurance policies must be issued by companies authorized to do business under the
laws of the State of Florida. The companies must be rated no less than "B+" as to
management and not less than "Class VI" as to strength by the latest edition of Best's
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Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
subject to the approval of the City's Risk Manager. Compliance with the foregoing
requirements shall not relieve the Consultant of the liabilities and obligations under this
Section or under any other portion of this Agreement, and the City shall have the right to
obtain from the Consultant specimen copies of the insurance policies in the event that
submitted certificates of insurance are inadequate to ascertain compliance with required
overage.
6.2.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
6.2.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any services
pursuant to this Agreement until the City has received and approved, in writing, certificates of
insurance showing that the requirements of this Section (in its entirety) have been met and
provided for.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Consultant and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement. Consultant shall specifically bind its employees, sub-consultants, and
agents to the provisions of this Agreement. This Agreement shall be construed in accordance
with the laws of the State of Florida.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, except for non-payment of services provided by
Consultant as a result of the City's request, for money damages due to an alleged breach
by the City of this Agreement, so that its liability for any such breach never exceeds the sum
of $1,000. Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $1,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount
in excess of $1,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement, except for non-payment of services provided by Consultant as a result of the
City's request. Nothing contained in this paragraph or elsewhere in this Agreement is in any
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way intended to be a waiver of the limitation placed upon the City's liability as set forth in
Section 768.28, Florida Statutes.
SECTION 9
ATTORNEY'S FEES
In the event that any party to this Agreement should seek legal or administrative recourse to
enforce the terms of this Agreement, the breaching party shall be obligated to pay the
prevailing party the reasonable attorney's fees and costs incurred by the prevailing party.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
At any time during normal business hours, and as often as the City may deem necessary, in
tis reasonable discretion, there shall be made available to the City and/or such
representatives as the City may deem to act on its behalf, to audit, examine and make
audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement. Consultant
shall maintain any and all records necessary to document compliance with the provisions of
this Agreement.
10.2 ACCESS TO RECORDS
Consultant agrees to allow access during normal business hours to all financial records
related to this Project to the City and/or such authorized representatives as it may deem to
act on its behalf, and agrees to provide such assistance as may be necessary to facilitate
financial audit by the City or its representatives when deemed necessary to insure
compliance with applicable accounting and financial standards. Consultant shall allow
access during normal business hours to all other records, forms, files, and documents
which have been generated in performance of this Agreement, to those personnel as may
be designated by the City.
10.3 ASSIGNMENT. TRANSFER OR SUBCONSULTING
The Consultant shall not sub-consult, assign, or transfer any work under this Agreement
without the prior written consent of the City. Neither this Agreement nor any term nor
provision hereof or right hereunder shall be assignable unless as approved pursuant to this
section, by any parties and any attempt to make such assignment(unless approved) shall
be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form
PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity
Crimes with the City's Procurement Division.
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10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, and national origin, place of birth, marital status, sexual
orientation or physical handicap. The Consultant shall take affirmative action to ensure
that applicants are employed and that employees are treated during their employment
without regard to their race, color, religion, ancestry, sex, age, national origin, place of
birth, marital status, physical handicap, or sexual orientation.
10.6 CONFLICT OF INTEREST
The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-
Dade County Code, and as may be amended from time to time; and by the City of Miami
Beach Charter and Code; both of which are incorporated by reference herein as if fully set
forth herein.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of
this Agreement, no person having any such interest shall knowingly be employed by the
Consultant. No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, except for
those of cancellation of assignments which are governed by subsection 2.2, may be
delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONTRACTOR: Condrey and Associates, Inc..
Attn: Stephen E. Condrey
PO Box 7907
Athens, Georgia 30604-7907
(706) 380-7107
TO CITY: City of Miami Beach
City Manager's Office - 4th Floor
Attn: Kathie G. Brooks, OBPI Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7010
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Notice may also be provided to any other address designated by the party to receive notice if
such altemate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an altemate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
ENTIRE AGREEMENT, AMENDEMENT, SEVERABILITY
12.1 ENTIRETY OF AGREEMENT
The City and the Consultant agree that this is the entire Agreement between the parties.
This Agreement supersedes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein, and there are no
commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Title and Paragraph headings are for
convenient reference and are not intended to confer any rights or obligations upon the
parties to this Agreement.
12.2 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
12.3 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.4 COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one and the same Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST
,~°
By: ~ Qu-(,~,t~.~ By;
Robert Parcher tti Herrera ower
City Clerk Mayor
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
OP this ~~day of
personally know to me o~-p~eed-a--
an oath and deposes and says, that they/he/she exe
acknowledged to me that they/he/she executed the sam
• eb
+r r MY COMMISSION # DD 628373
~'~, ~~'~~, Raided ThPruRNotery P~ Undenvdfere
FOR CONSULTANT:
2008, before me personally appeared,
~~of the City of Miami Beach, who is
-- nd who did take
cuted the above inst ment and they/he/she
e.
~~~~ ~~
NO ARY PUBLIC _
CONDREY AND ASSOCIATE INC.:
ATTEST
By: _ By: ~~ Ul, O • G~ ~
Signatur Signature
S~ ~~ ~. G~~ % ~Ctan tf . l-f-CZ,~s ~rd - l~tcp _ ~i'ieStc
Print Nam itle Print Name/Title
Corporate Seal
STATE OF F~ A )
G(R.r ) SS
COUNTY OF MI -DADE )
O this ~
day of 2008, before me personally appeared,
ho is personally know to me or
produced as identification and who did/did not take an oath
and deposes and says, that he/she executed the above instrument and he/she acknowledged to me
that he/she executed the same with lawful authority to do so.
NOTARY PUBLIC
Mls' COKiMISBI~iN EXPIRES:
C - ~ ~ ~ APPROVED AS TO
FORM & LANGUAGE
~ FOR TION
S 19 08
18 a
EXHIBIT "A"
RELEVANT EXPERIENCE OF KEY PROJECT STAFF
Dr. Stephen E. Condrey. Steve Condrey is Senior Associate and Program Director, Human
Resource Management Technical Assistance with the University of Georgia's Carl Vinson
Institute of Government and Adjunct Professor of Public Administration, where he teaches in
the Master of Public Administration program. He has over a quarter century of professional
experience in human resource management and has consulted nationally and internationally
with over 500 organizations concerning personnel-related issues. He presently serves as
Managing Editor of the Review of Public Personnel Administration, is on the editorial board of
Public Personnel Management, has served on the publications board of the American
Society for Public Administration, and on the editorial board of Public Administration Review.
Dr. Condrey is the editor of the Handbook of Human Resource Management in Government,
Jossey-Bass, (1998 and 2005), and Radical Reform of the Civil Service, Lexington Press,'
2001. He is the 1998 recipient of the University of Georgia's Walter Barnard Hill Award for
Distinguished Achievement in Public Service and Outreach and was named Hill Fellow by
the University of Georgia in 2004 (the University of Georgia's highest public service faculty
honor). Steve serves on the National Council of the American Society for Public
Administration (ASPA) and is the immediate past Chair of ASPA's Section on Personnel
Administration and Labor Relations. He holds the IPMA-CP designation from the
International Public Management Association for Human Resources.
Ms. Jan Hansford. Jan Hansford, Vice President of Condrey and Associates, is a Principal
Human Resource Management Consultant with the Vinson Institute and Assistant Human
Resources Director of Athens-Clarke County, Georgia, a consolidated government of over
1500 employees. With over 25 years of related experience, both as a practitioner and as a
consultant, Jan specializes in administrative classification issues, Fair Labor Standards Act
compliance, and payroll restructuring and administration. She is also well-versed in
communicating complex classification and compensation issues in a clear and
understandable fashion and will assist in communicating study results to department heads,
elected officials, and employees. Ms. Hansford has assisted in managing over 300
personnel-related projects. Jan holds the IPMA-CP designation from the International Public
Management Association for Human Resources.
Mr. Mark Knowles. Mark Knowles, Principal Consultant with Condrey and Associates, is the
founder of GovernmentBids.com - a leading online procurement monitoring system. Mark
has prior experience with the Georgia Municipal Association, where he provided technical
assistance to local governments. Mark has assisted with organizational management issues
related to technology in several communities including the cities of Rapid City, South Dakota,
and Auburn, Alabama. Mark has experience in performance benchmarking and assisted in
the design and implementation of systems in communities such as Lowndes County and
Dawson County, Georgia. Mark has over fifteen years of classification and compensation
experience and assisted with the Rapid City, South Dakota, Beaumont, Texas, Chapel Hill,
North Carolina, North Little Rock, Arkansas, Waterford, Connecticut, Orange County, North
Carolina, and Madison County, New York projects.
Dr. Grea Reece. Greg Reece, Principal Consultant with Condrey and Associates, is a
skilled technical writer, author and consultant. He holds graduate degrees from Vanderbilt
University (M.Div.) and Claremont Graduate University (Ph.D). He teaches courses in
Ethics at the University of Alabama, Birmingham.
Ms. Christine Koyala. Chrissy Kolaya, Senior Consultant with Condrey and Associates, is a
skilled technical writer, editor and author. She has a bachelor's degree in English from
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Loyola University Chicago and a Master's Degree in Creative Writing from Indiana
University.
Ms. Linda Seagraves. Linda Seagraves, Principal Consultant with Condrey and Associates,
is a Personnel Specialist with the Vinson Institute of Government. Ms. Seagraves
specializes in payroll restructuring and is skilled in calculating project implementation costs
so that accurate budget projections are provided to the client. Ms. Seagraves has consulted
with over 450 organizations.
Mr. Patrick Steed. Patrick Steed, Senior Consultant with Condrey and Associates, assists in
salary data collection activities and in calculating the costs of project implementation plans.
Patrick has consulted with over 30 organizations.
University of Florida The Florida Survey Research Center, located at the University of Florida,
was established to meet the growing need for top-quality survey research. The FSRC brings
together the broad range of skills and experience of University of Florida faculty, staff, and
graduate students who have years of experience and training in survey research. The FSRC has
implemented a large number of research projects involving telephone surveys, mail surveys,
intercept surveys, focus groups, and in-person interviews. Clients include the State of Florida,
Alachua County, the City of Gainesville, AvMed, Gainesville Regional Utilities, Georgia
Department of Community Affairs, Lockwood Greene Consulting, and Lee County, to name a few.
Jonathan P. West. Jonathan West, Senior Consultant with Condrey and Associates, is
professor of political science and Director of the MPA program at the University of Miami.
His research interests include human resource management, productivity, focal government,
and ethics. Professor West has published eight books and over 100 articles and book
chapters. His most recent books are co-edited with Bowman, American Public Service:
Radical Reform and the Merit System (Taylor & Francis) in 2007 and with Berman, The
Ethics Edge (ICMA) in 2006. Other recent books are Berman, Bowman, and Van Wart,
Human Resource Management: Paradoxes, Processes and Problems (2"d ed., Sage) in
2006 and The Professional Edge: Competencies in Public Service (Sharpe) in 2004. He is
the Managing Editor of Public Integrity. He taught previously at the University of Houston and
University of Arizona and served as a management analyst in the U. S. Surgeon General's
Office, Department of the Army, Washington, D. C.
Ms. Ilka Decker. Ilka Decker, Senior Associate with Condrey and Associates, is a Project
Manager with the Carl Vinson Institute of Government. She has a Masters of Public
Administration from the University of Georgia and is currently pursuing a doctorate in Human
Resources and Organizational Development. She serves as Associate Managing Editor of
the Review of Public Personnel Administration
Mr. Edward Hand. Ed Hand, Senior Consultant with Condrey and Associates, has over 30
years of public works and engineering experience. Eddie has assisted with the Jasper,
Alabama Waterworks and Sewer Board, Big Spring, Texas, Galveston County, Texas,
Moline, Illinois, Auburn, Alabama, Cape Girardeau, Missouri, and Selma, Alabama
Waterworks and Sewer Board, Wilson, North Carolina, Rutherford County, North Carolina,
Hickory, North Carolina, Muscatine Power and Water (Iowa), Gladstone, Missouri, Jasper,
Alabama, and Sheridan, Wyoming projects.
Mr. Gene Mavs. Gene Mays, Senior Consultant with Condrey and Associates, has over
twenty-five years of law enforcement experience as a Patrol Officer, Corporal, Juvenile
Officer, Detective, Sergeant, Internal Affairs Officer, and Captain with the Athens-Clarke
County Police Department. He presently serves as Chief Deputy of the Clarke County,
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Georgia Sheriff Department. In addition todirectly-related law enforcement experience,
Gene is a skilled law enforcement consultant, having consulted with numerous jurisdictions
concerning personnel-related issues (classification and compensation, job analysis, and
assessment centers). Gene coordinated the law enforcement interviews with the City of
Anniston, Alabama, Orange County, North Carolina, Jefferson City, Missouri, North Little
Rock and Jonesboro, Arkansas, Galveston County, Texas, Wilson, North Carolina, Auburn,
Alabama, Cape Girardeau, Missouri, Sheridan, Wyoming, Gladstone, Missouri and Jasper,
Alabama projects.
Mr. James E. Hansford. Jim Hansford, Principal Consultant with Condrey and Associates,
has over thirty-five years experience as a Firefighter, Lieutenant, Captain, Chief of Training
and Fire Chief of a consolidated government fire department. He recently retired as the
Executive Director of the State of Georgia Firefighter Standards and Training Council, where
he administered the certification program for all fire departments in the State of Georgia.
Jimmy is a member of the International Association of Fire Chiefs, Georgia Association of
Fire Chiefs, and the Georgia Firefighters Association. Mr. Hansford is a skilled consultant,
having assisted with over 100 personnel-related projects in various jurisdictions.
Mr. Reuben Lasseter. Reuben Lasseter, Senior Consultant with Condrey and Associates, is
the former Human Resources Director of the Georgia Department of Human Resources, the
22,000 person agency charged with delivering public health and social services to the state's
population. Mr. Lasseter has over 28 years experience in position classification and
compensation as well as other human resource management areas. Reuben was a primary
author of the 1996 legislation enacted to reform the Georgia State Merit System.
Mr. Carl McCoy. Carl McCoy, Senior Consultant with Condrey and Associates, is a Project
Director with the Carl Vinson Institute of Government. Mr. McCoy has over twenty years
experience in conducting classification and compensation studies. Carl specializes in
administrative and public works classification activities and assisted with the Anniston,
Alabama, Bowling Green Municipal Utilities (Kentucky), Galveston County, Texas, Orange
County, New York, Rapid City, South Dakota, Wilson, North Carolina, Auburn, Alabama, and
Hickory, North Carolina projects.
Dr. Rex Facer. Rex L. Facer II, Senior Consultant with Condrey and Associates, is an
Assistant Professor in the Romney Institute of Public Management in the Marriott School at
Brigham Young University where he teaches in the Master of Public Administration program.
While completing his doctorate at the University of Georgia, he worked as a research
coordinator at the Carl Vinson Institute of Government at The University of Georgia. He has
been involved in several applied research and technical assistance projects for local
governments and state agencies. He has publications in several peer-reviewed journals,
including American Review of Public Administration, Public Administration Review, Journal of
Public Affairs Education, and Review of Public Personnel Administration. His research
interests include local government management, changes in organizational systems, public
service motivation, and budgeting and public finance. Rex coordinates all salary equity
analyses for Condrey and Associates.
Mr. Mike Mahathirath. Mike Mahathirath, Senior Consultant with Condrey and Associates, is
co-founder of GovDirections -the leading online procurement monitoring service. Mike has
prior experience with the Georgia Municipal Association and the Georgia Department of
Community Affairs. Mike managed one of the largest lease-purchase pools in the United
States and implementation of a statewide uniform chart of accounts for Georgia Local
Governments. Mike has over twelve years experience working with local governments
throughout the United States.
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