2012-70 Consulting Serv Agrmt for Compensation StudyRESOLUTION 2012 -70
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A CONSULTING
SERVICES AGREEMENT WITH EVERGREEN SOLUTIONS, LLC TO
PERFORM A COMPENSATION STUDY IN ACCORDANCE WITH THE
PRICING ESTABLISHED BY STATE CONTRACT AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Administration wishes to perform a full market compensation study to
assess the Village's existing compensation and classification plan; and
WHEREAS, Village Administration recommended accepting a proposal submitted by Evergreen
Solutions, LLC by "piggybacking" an existing contract and utilizing pricing established by State
Contract No. 073 - 001 -06 -01 (Management Consulting Services), thereby realizing a significant
cost savings; and
WHEREAS, the Village Council determines that the acceptance of the proposal and the approval
of a Consulting Agreement with Evergreen Solutions, LLC is in the best interests of the Village
and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified and incorporated herein.
Section 2. The Village Council hereby approves the Consulting Services Agreement with
Evergreen Solutions, LLC to perform a compensation study for the Village, a copy of which is
attached hereto and incorporated herein, at a total cost not to exceed $10,800 utilizing budgeted
funds from Account No. A5005 -33190 (Human Resources — Professional Services). The Village
Council further authorizes the Mayor and Village Clerk to execute the Agreement on behalf of
the Village.
Section 3.
This Resolution shall take effect
PASSED AND ADOPTED THIS 8th DAY OF
(Village Seal)
ATTEST:
VILLAGE CLERK
Consulting Services Agreement
By and Between
Village of North Palm Beach
and
Evergreen Solutions, LLC
This Agreement (the "Agreement "), dated as of November 12, 2012, is made by and between
Evergreen Solutions, LLC, a Florida corporation ( "Evergreen" or "Consultant "), and Village of North
Palm Beach (the "Client ").
WHEREAS, Evergreen Solutions and the Client desire to enter into an agreement whereby Evergreen
will provide certain management consulting services for the Client based on pricing established by
State Contract No. 973 - 001 -06 -01 (Management Consulting Services) and pursuant to the terms and
conditions hereinafter set forth; and
WHEREAS, Evergreen Solutions is willing to provide such management consulting services for the
Client.
NOW, THEREFORE, the parties hereto agree as follows:
1. Engagement. Evergreen Solutions hereby agrees to provide such management consulting services
for the Client as may be reasonably requested by the Client in connection with the letter proposal
submitted by Evergreen Solutions on October 26, 2012, the terms of which are incorporated herein by
reference.
2. Extent of Services. Evergreen Solutions agrees to perform such services to the best of its ability and
in a diligent and conscientious manner and to devote appropriate time, energies and skill to those duties
called for hereunder during the term of this Agreement and in connection with the performance of such
duties to act in a manner consistent with the primary objective of completing the engagement.
Evergreen Solutions agrees to devote such time as is reasonably required to fulfill its duties hereunder.
Throughout the duration of this agreement, Evergreen Solutions will serve as an independent
contractor of the Client, As such; Evergreen Solutions will obey all laws relating to federal and state
income taxes, associated payroll and business taxes, licenses and fees, workers compensation
insurance, and all other applicable state and federal laws and regulations.
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In the successful completion of this engagement, Evergreen Solutions may utilize subcontractors, but
Evergreen Solutions shall remain completely responsible to the Client for performance under this
Agreement.
3. Term. The engagement of the Consultant hereunder by Client shall commence as of the date hereof
and shall continue through January 11, 2013, unless earlier terminated pursuant to Section 6 hereof.
4. Compensation.
(a) As compensation for the services contemplated herein and for performance rendered by Evergreen
Solutions of its duties and obligations hereunder, the Client shall pay to Evergreen Solutions an
aggregate fee equal to $10,800 (the "Consulting Fee "), earned and payable according to the following
invoice /payment schedule:
1/3 following project kick -off
1/3 following salary survey
1/3 following delivery of final report
(b) The Client's sole obligation shall be to pay Evergreen Solutions the amounts described in Section
4(a) of this Agreement. The parties agree and acknowledge that in performing the services pursuant to
this Agreement, Evergreen Solutions is acting as an independent contractor and shall not, under any
circumstances, be deemed an employee of the Client for any purpose.
5. Reimbursement for Expenses.
The contract price indicated in section 4 of this agreement is inclusive of all expenses borne by
Evergreen Solutions and therefore no expenses shall be reimbursed to Evergreen Solutions by the
Client for the duration of this agreement.
6. Termination. This Agreement shall be terminated as follows:
(a) 30 days after written notice of termination is given by either party at any time after effective date of
this Agreement, provided however, that if the Client shall terminate this Agreement pursuant to this
Section 6(a) for any reason other than Consultant's material breach of this Agreement (having given
prior notice of, and a reasonable opportunity not to exceed ten (10) calendar days for Consultant to
cure any such breach), Client shall pay to consultant in one lump sum an amount equal to that portion
of the aggregate Consulting Fee for which services have actually ben rendered and which has not been
paid to Consultant as of the effective date of such termination.
(b) On such date as is mutually agreed by the parties in writing.
(c) Upon expiration of the Term as set forth in Section 3.
If Client elects to terminate for material breach then Client shall pay to Consultant in one lump sum an
amount equal only to that for which services have been rendered through the expiration of the cure
period specified above.
7. Confidential Information. Evergreen Solutions shall not, at any time during or following expiration
or termination of its engagement hereunder (regardless of the manner, reason, time or cause thereof)
MM111t
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directly or indirectly disclose or furnish to any person not entitled to receive the same for the
immediate benefit of the Client any trade secrets or confidential information as determined by the
Client in writing.
8. Covenants. Evergreen Solutions agrees to (a) faithfully and diligently do and perform the acts and
duties required in connection with its engagement hereunder, and (b) not engage in any activity which
is or likely is contrary to the welfare, interest or benefit of the business now or hereafter conducted by
the Client.
9. Binding Effect. This Agreement will inure to the benefit of and shall be binding upon the parties
hereto and their respective successors or assigns (whether resulting from any re organization,
consolidation or merger of either of the parties or any assignment to a business to which all or
substantially all of the assets of either party are sold).
10. Entire Agreement. This Agreement, including the aforementioned RFP and proposal, contains the
entire agreement and understanding of the parties with respect to the subject matter hereof, supersedes
all prior agreements and understandings with respect thereto and cannot be modified, amended, waived
or terminated, in whole or in part, except in writing signed by the party to be charged.
11. Construction. While the parties hereto believe that the terms hereof are fair, reasonable and
enforceable in all respects, it is agreed that any provision of this Agreement which is held to be
prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent
of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any
such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable
such provision in any other jurisdiction. In addition to any other remedy which Client may have at law
or in equity, Client shall be entitled to injunctive relief for a breach of Sections 7 and 8 (b) of this
Agreement by the Consultant.
12. Notices. All notices required to be given under the terms of this Agreement or which any of the
parties desires to give hereunder shall be in writing and personally delivered or sent by registered or
certified mail, return receipt requested, or sent by facsimile transmission, addressed as follows:
(a.) If to Evergreen Solutions addressed to:
Evergreen Solutions, LLC
Attention: Dr. Jeff Ling, Executive Vice President
2852 Remington Green Circle, Suite 101
Tallahassee, Florida 32308
(b.) If to the Client addressed to:
Village of North Palm Beach
Attention: Ed Green, Village Manager
501 US Highway One
North Palm Beach, Florida 33408
Any party may designate a change of address at any time by giving written notice thereof to the other
parties.
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13. Indemnification. In the event a claim or lawsuit is brought against Client, its officers, employees,
servants or agents related to or arising out of arising out of Consultant's performance under the terms
of this Agreement, Consultant hereby agrees to indemnify, save, and hold harmless Client, its officers,
employees, servants or agents and to defend said persons from any claims, liabilities, causes of action
and judgments of any type whatsoever. This provision shall survive termination of the Agreement.
14. Enforcement Costs. It is hereby understood and agreed that in the event any lawsuit in the
judicial system is brought to enforce or interpret this Agreement, or if any administrative proceeding is
brought for the same purpose, the non - prevailing party will pay to the prevailing party reasonable
attorney's fees and costs, including appellate fees and costs.
15. Miscellaneous. This Agreement:
(a) shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and permitted assigns;
(b) may not (except as provided in Section 9 hereof) be assigned by either party hereto without the
prior written consent of the other party (any purported assignment hereof in violation of this provision
being null and void);
(c) may be executed in any number of counterparts, and by any party on separate counterparts, each of
which as so executed and delivered shall be deemed an original but all of which together shall
constitute one and the same instrument, and it shall not be necessary in making proof of this
Agreement as to any party hereto to produce or account for more than one such counterpart executed
and delivered by such party;
(d) may be amended, modified or supplemented only by a written instrument executed by all of the
parties hereto; and
(e) embodies the entire agreement and understanding of the parties hereto in respect of the transactions
contemplated hereby and supersedes all prior agreements and understandings among the parties with
respect thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
Evergreen Solutions, LLC
-------------------------------
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Attest:
Melissa Teal, Village Clerk
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Evergreen Solutions, LLC
2852 Remington Green Circle, Suite 101 - Tallahassee, Florida 32308
850.383.01 1 1 -fax 850.383.151 1
October 26, 2012
Loren Slaydon
Director of Human Resources
Village of North Palm Beach
Submitted via email: Slaydon, Loren <Islaydon @village - npb.org>
Dear Loren:
Evergreen Solutions, LLC is pleased to submit this quote in response to your request to conduct a
compensation study. We are excited about the opportunity of working with you and the Village. Our
response is based on your discussions with me, our understanding of your organization and its goals,
our experience in working with numerous Florida cities and counties; and our understanding of best
practices in human resource management.
Your Needs — Based our conversation, we have identified your needs as the following:
• Assess the current compensation and classification situation;
• Conduct a market survey of its market peers;
• Recommend changes to your pay plan and classification structure; and
• Provide a report.
Work Tasks: Our proposed work plan for updating your current compensation and classification
system consists of 11 work tasks. The primary work tasks appear in the table below:
TASK NUMBER
TASK
1
Project Kickoff
2
Assess Current Situation
1. Analyze the current placement and levels of employees.
2. Review personnel actions taken in the last two years.
3. Review updated job descriptions.
4. Conduct a focus group with senior managers to determine the strengths
and weaknesses of current system.
5. Identify major compensation concerns.
6. Identify any potential adjustments.
3
Determine Benchmarks and Targets
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i
Cost: Evergreen Solutions is committed to providing the highest quality consulting services to our
client partners for a reasonable price. We are prepared to conduct the proposed salary study for a
fixed fee, not -to- exceed cost of $10,800. We would utilize our State of Florida Management
Consulting Services (contract #973 - 001- 06 -1). This cost is all inclusive of professional fees, travel
costs, fringe benefits, indirect costs (overhead), and all other out of pocked expenses. We are willing
to negotiate the time, scope, and cost of the basic tasks, or any other options.
We appreciate this opportunity to provide our response to your request. If we can answer any
questions that you might have or offer additional information in any of the aforementioned areas,
please feel free to contact me at (850) 383 -0111 or email me at Jeff @consultevergreen.com.
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1.
Identify the benchmark jobs to be included in the survey.
2.
Identify the targets to solicit.
3.
Validate the targets.
4
Design and Collect Market Survey
1.
Create the survey.
2.
Gain client approval for the survey.
3.
Issue the survey and collect the results.
5
Analyze Results of Market Survey
1.
Analyze the survey results to determine the average minimum, midpoint,
and maximum.
2.
Assess the current position of the Village.
3.
Identify those jobs more than ten percent above or below the market.
6
Create
an Overall Solution
1.
Combine the classification and compensation data together to recommend
any changes to ranges and grades.
2.
Slot jobs into the appropriate grades.
3.
Discuss the results with the Village.
7
Develop
Implementation and Cost Plan
1.
Calculate the cost of various implementation scenarios.
2.
Determine the best implementation plan for the Village.
8
Develop
Draft and Final Report
1.
Create and issue the draft report.
2.
Discuss changes with the Village.
3.
Issue the final report.
Cost: Evergreen Solutions is committed to providing the highest quality consulting services to our
client partners for a reasonable price. We are prepared to conduct the proposed salary study for a
fixed fee, not -to- exceed cost of $10,800. We would utilize our State of Florida Management
Consulting Services (contract #973 - 001- 06 -1). This cost is all inclusive of professional fees, travel
costs, fringe benefits, indirect costs (overhead), and all other out of pocked expenses. We are willing
to negotiate the time, scope, and cost of the basic tasks, or any other options.
We appreciate this opportunity to provide our response to your request. If we can answer any
questions that you might have or offer additional information in any of the aforementioned areas,
please feel free to contact me at (850) 383 -0111 or email me at Jeff @consultevergreen.com.
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Sincerely,
OWW'
Dr. Jeffrey Ling
Executive Vice President
Evergreen Solutions, LLC
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