762-DMG Maximus-Salary Survey Agreement to Provide
Professional Human Resource Management Services
to
The City of Sanford, Florida
THIS AGREEMENT, entered this 41:h day of Hay ,1999 and effective immediately by
and between the Human Resource Management Division of DMG-MAXIMUS, INC. (hereinafter called the
"Consultant") and The City of Sanford, Florida (hereinafter called the "City"),
WITNESSETH THAT:
WHEREAS, the City is interested in updating the current compensation and classification plan for
employees of the City of Sanford, Flodda;
WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the
requirements of human resource consulting work;
WHEREAS, the City desires to engage the Consultant to develop a comprehensive compensation
and classification plan;
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 good and professional
manner such services as necessary to provide to the City an updated compensation and classification plan,
inclusive of:
Conduct a wage and salary survey for up to 40 benchmark positions;
Review designated positions (no more than 12) to insure internal equity;
Update employee database;
Utilize results from wage and salary data to update (regression analysis) the organization's
payline;
Establish a new pay table, which includes 15 steps;
Develop one (1) implementation model and generate appropriate reports.
3. Time of Performance. The services to be performed hereunder by the Consultant shall be
undertaken and completed in such sequence as to ensure their expeditious completion and best carry out the
purposes of the agreement. The project will be completed within forty-five to sixty days from the date of the
initial meetings.
4. Compensation. The City agrees to pay the Consultant a fee of eight thousand five hundred dollars
($8,500,00). The Consultant agrees to complete the project and all services provided herein for a said sum.
5. Method of Payment. The Client will be billed the first one-third ($2,833.33) of the total fee upon
contractual agreement to proceed. The second one-third ($2,833.33) will be payable upon presentation of
the draft report. The third and final one-third ($2,833.33) will be payable upon presentation of the final
reports.
6. Chanqes. 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 locally furnish the
Consultant with all available necessary information,I data, and material pertinent to the execution of this
agreement. The City shall cooperate with the Consultant in carrying out the work herein and shall provide
adequate staff for liaison with the Consultant.
8. Termination of AGreement for Cause. If, through any cause, the Consultant shall fail to fulfill
in timely and proper manner his obligations under this agreement, the City shall thereupon have the right to
terminate this agreement by giving written notice to the Consultant of such termination and specifying the
effective date thereof, at least five (5) days before the effective date of such termination.
9. Indemnification. Each party shall be responsible for its own acts and will be responsible for all
damages, costs, fees and expenses which arise out of the performance of this Agreement and which are due
to that party's own negligence, tortious acts and other unlawful conduct and the negligence, tortious acts and
other unlawful conduct of its respective agents, officers and employees. To the extent Consultant is not
negligent, the City shall defend, indemnify and hold Consultant free and harmless from and against any
claims, demands, actions, damages, expenses, fees and liabilities arising by virtue of any and all claims,
demands or actions brought by third parties.
· 10o Limitation of Liability. The City agrees that Consuitant's total aggregate limit of liability to the
City hereunder (whether contract, statutory, in tort or 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. Copyriqht. The City acknowledges that all forms. formats, questionnaires, plans, reports and/or
products to be provided by the Consultant are copyrighted. The City agrees that all ownership rights and
copyrights thereto lie with Consultant. The City may use them solely for and on behalf of the City's operations.
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.
12. Accomplishment of Project. The Consultant shall commence, carry on, and complete
the project with all practicable dispatch, in a 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 Client.
13. Provisions Concerninn 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 Client by a
formal waiver, if, in the judgement of the Client, this contract, as so modified, will still conform to the
terms and requirements of pertinent laws.
14. Matters to be Disregarded. The titles of the several sections, subsections, and
paragraphs set forth in this contract are inserted for convenience of the reference only and shall be
disregarded in construing or interpreting any of the provisions of this contract.
15. 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.
16. Client not Obliclated to Third Parties. The Client shall not be obligated or liable
hereunder to any party other than the Consultant.
17. When Riqhts and Remedies Not Waived. In no event shall the making of payments
by the Client or any payment to the Consultant constitute or be construed as a waiver by the Client
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 Client in respect to such breach or default.
18. Personnel. The Consultant represents that he has, or will secure at his 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 Client. All of the services required
hereunder will be performed by the Consultant or under his supervision and all personnel engaged
in the work shall be fully qualified to perform such services.
19. Notices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by
the parties by United States mail, postage paid, to the following address:
DMG-MAXIMUS, INC.
220 Executive Center Drive. Suite 210
Columbia, SC 29210
Or
The City of Sanford, Florida
Mr. Joe Danero
Human Resources Director
300 N. Park Avenue
Sanford, Florida 32772
IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first
written above.
Title: CITY. N1ANAGER Senior Manager
eve The People
April 5, 1999
Joe Danero
Human Resources Director
City of Sanford
300 N. Park Ave.
Sanford, FL 32772-t 788
Dear Mr. Danero:
Enclosed is a revised agreement outlining the scope of work requirements you and I agreed to
this morning. Please sign and return a copy to me as soon as possible.
In order to proceed, I will need a current copy of the organizations compensation and
classification plan, job descriptions for the bench mark positions, and a copy of your most recent
payroll indicating every employee by department, their current salary and title.
As I indicated in the contract, the project will be completed within 30-45 days of receipt of the
information. If you would like for me to come and personally present the results, it will cost an
additional $1,500.00 to cover my time and expenses.
If you have questions or concerns, please feel free to contact me at anytime. I look forward to
working with you.
SincerelY' ~r'~.,
~bell, Jr.
SeniorManager
121 Executive Center Drive, Suite 141 · Columbia, SC 29210 · 803.772.2014 ° FAX 803.772.2186