Res No 120-23-16053RESOLUTION NO. 120-23-160S3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN
AGREEMENT WITH EVERGREEN SOLUTIONS, LLC TO
CONDUCT A CLASSIFICATION AND COMPENSATION
STUDY FOR THE CITY; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami (the ucity") is in need of a classification and
compensation study (the "Services"); and
WHEREAS, the Services include, without limitation, updating the City's job descriptions,
and salary ranges, which is critical to the City's successful recruitment and retention of employees;
and
WHEREAS, Evergreen Solutions, LLC (the "Consultant"). specializes in and has a
particular expertise in conducting the Services for municipalities; and
WHEREAS, the Consultant submitted a proposal for the Services in the amount of
$32,500 (the "Proposal"); and
WHEREAS, in accordance with Article III, Section 5 of the City Charter, expert services
approved by the City Commission are not subject to competitive bidding requirements; and
WHEREAS the fee for the Services will be charged to the Personnel Division's
Contractual Services line item, where the Mayor and Commission approved an increase for FY24
to fund the study; and
WHEREAS, the City Commission desires to approve an agreement with the Consultant
for the Services, in substantially the form attached hereto as Exhibit "A," consistent with the
Proposal attached hereto and as Exhibit "B''; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Approval. That the City Commission hereby approves the Agreement with
Consultant for the Services, in substantially the form attached hereto as Exhibit "A," consistent
with the Proposal attached hereto as Exhibit "B."
Page 1 of2
Res. No. 120-23 -16053
Section 3. Authorization . T hat the City Commissio n h e re by authori zes the C ity
Mana ger to negotia te and execute th e Agreemen t, in s ub s ta ntia ll y t he fo nn a tt ached here to as
Exhib it "A," w ith t he Cons ul ta n t o n be ha l f of the City, subj ect to the approval as to fo 1111 an d legal
su fficiency by t he C it y Attorney.
Section 4. Implem e ntation. The C ity Ma nager is h ereby authori zed to take a ny and
a ll necessary ac ti o n to imple me nt th e purposes of this Reso luti on.
Section 5. Corrections. Confo m1ing language or technical scri vener-type correction s
may be mad e by th e C ity A ttorney fo r a ny con fo rmi ng a me ndme nts to be incorporated into the
fi na l resolut io n for signature.
Section 6. Severability. I f an y sec tion c lause, sente nce, o r p hrase of this R eso lution
is fo r any reaso n he ld invalid or uncon stituti o na l by a court of comp etent jurisdicti o n , th e holding
sh a ll no t affect th e valid ity of the r e mainin g po r tions of thi s R esolu tio n .
Section 7.
ad option.
E ffecti v e Date . T hi s Resolu tio n s ha ll become effective immedi ately upon
P ASSED AN D ADOPT ED thi s 191h day of Septemb er, 2023.
ATTEST :
READ AND A PPROVED AS TO FORM,
L ANGUAGE, LEGALITY AND
EXECU TION THEREOF
' ..
C ITY ATTOR NEY
Page 2 of2
APPROVED:
~
COMM ISSION VOTE:
Mayor Fern a ndez:
Vice Mayor Bonic h :
Commi ssio ner C all e:
Commiss ion e r Liebman:
5-0
Yea
Yea
Yea
Yea
Commissioner Corey: Yea
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
EVERGREEN SOLUTIONS, LLC
THIS AGREEMENT (thi s "Agreement") is made effective as of the 19th dav of September, 2023 (the
''Effective Date"), by and between the Cl1Y OF SOUTH MIAMI, a Florida municipal corporation, (hereinafter
the "City"), and EVERGEEN SOLUTIONS, LLC, a Florida limited liability company, (hereinafter, the
"Consultant").
WHEREAS, the City requires a consultant to perfonn a classification and compensation study; and
WHEREAS, the Consultant will perfonn services on behalf of the C ity, all as further set forth in the
Proposal dated June 23, 2023. attached hereto as Exhibit "A" (the "Services"); and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a fee for the Services;
and
WHEREAS, the City desires to engage the Consultant to perfonn the Services and provide the deliverables
as specified below.
NOW, THEREFORE, in cons ideration of th e mutual covenants and conditions contained herein, the
Consultant and the City agree as follows:
1. Scope of Services.
1.1. Consultant shall conduct a Classification and Compensation study and complete all task goals,
task activities, and key project milestones as outlined in Exhibit "B".
1.2. Consultant shall furni sh all reports , documents, and infonnation obtained pursuant to this
Agreement, and recommendat ion s during the tenn of this Agreement (hereinafter "Deliverables")
to the City.
2. Term/Commencement Date.
2 .1. The term of this Agreement shall be from the Effective Date through March 1, 2024, unless ear lier
terminated in accordance with Paragraph 8.
2.2. Consultant agrees that time is o f the essence and Consultant shall complete the Services within the
term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1. Compensation for Services provided b y Consultant shall be in accordance with the Price Proposal
attached hereto as Exhibit "B." Consultant shall be compens ated a flat rate lump sum fee in the
amount of $32.500.00.
3.2. Consultant shall deliver an invoice to City no more often than once per month detailing Services
completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each
·month, pursuant to Consultant's invoice, which shall be based upon the percentage of work completed
for each task invoiced, as outlined in Exhibit "B". The City shall pay the Consultant in accordance
with the Florida Prompt Payment Act after approval and acceptance of the Services by the City
Manager.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain
responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City Manager's
sole and absolute discretion.
5. City's Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and representatives, and
other data pertinent to the Services and in possession of the City, and provide criteria requested by
Consultant to assist Consultant in performing the Services.
5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to public
infonnation that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of
the Services as is ordinarily provided by a consultant under similar circumstances. If at any time
during the tenn of this Agreement or within two (2) years from the completion of this Agreement,
it is detennined that the Consultant's Deliverables or Services are incorrect, not properly rendered,
defective, or fail to confonn to City requests, the Consultant shall at Consultant's sole expense,
immediately correct its Deliverables or Services.
6.2. The Consultant hereby wanants and represents that at all times during the term of this Agreement it
shall maintain in good standing all required licenses, certifications and permits required under Federal,
State and local laws applicable to and necessary to perform the Services for City as an independent
contractor of the City. Consultant further warrants and represents that it has the required
knowledge, expertise, and experience to perform the Services and carry out its obligations under
this Agreement in a professional and first class manner.
6.3. The Consultant represents that as of the Effective Date, it is an entity validly existing, in good
standing under the laws of Florida, and authorized to business within the State. The execution,
delivery and performance of this Agreement by Consultant have been duly authorized, and this
Agreement is binding on Consultant and enforceable against Consultant in accordance with its
terms. No consent of any other person or entity to such execution, delivery and perfonnance is
required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of
this Agreement, provide any consulting services to any private sector entities ( developers,
corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the
City.
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar days
written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately stop work
on the project unless directed otherwise by the City Manager.
8.3. In the event oftennination by the City, the Consultant shall be paid for all work accepted by the
City Manager up to the date of tennination, provided that the Consultant has first complied with
the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and
data pertaining to the Services and the project to the City, in a hard copy and electronic format
within fourteen (14) days from the date of the written notice oftennination or the date of expiration
of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of such
types and in such amounts not less than those specified below as satisfactory to City, naming the
City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and
qualified to do business in the State of Florida. The insurance coverage shall be primary insurance
with respect to the City, its officials, employees, agents, and volunteers naming the City as
additional insured. Any insurance maintained by the City shall be in excess of the Consultant's
insurance and shall not contribute to the Consultant's insurance. The insurance coverages shall
include at a minimum the amounts set forth in this section and may be increased by the City as it
deems necessary or prudent.
9. I .1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000
per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the care, custody and control of
Consultant. The General Aggregate Liability limit and the Products/Completed Operations
Liability Aggregate limit shall be in the amount of $2,000,000 each.
9.1.2.Workers Compensation and Employer's Liability insurance, to apply for all employees for
statutory limits as required by applicable State and Federal laws. The policy(ies) must include
Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee,
subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this
Agreement who is not covered by Worker's Compensation insurance.
9.1.3.Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined
single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form
no more restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Service Office, and must include Owned,
Hired, and Non-Owned Vehicles.
9.1.4.Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City, reflecting the
City as an Additional Insured ( except with respect to Professional Liability Insurance and
Worker's Compensation lnsmance), no later than ten (10) days after award of this Agreement and
prior to the execution of this Agreement by City and prior to commencing Services. Each
certificate shall include no less than (30) thirty-day advance written notice to City prior to
cancellation, tennination, or material alteration of said policies or insurance. The Consultant shall
be responsible for assuring that the insurance certificates required by this Section remain in full
force and effect for the duration of this Agreement, including any extensions or renewals that may
be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifica11y to this Agreement and shall state that such insurance is
as required by this Agreement. The City reserves the right to inspect and return a certified copy
of such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed
with a provision that not less than thirty (30) calendar days' written notice shall be provided to the
City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is
subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, the City is to be specifically included as an Additional Insured for the
liability of the City resulting from Services perfonned by or on behalf of the Consultant in
performance of this Agreement. The Consultant's insurance, including that applicable to the City
as an Additional Insured, shall apply on a primary basis and any other insurance maintained by
the City shall be in excess of and shall not contribute to the Consultant's insurance. The
Consultant's insurance shall contain a severability ofinterest provision providing that, except with
respect to the total limits of liability, the insurance shall apply to each Insured or Additional
Insured (for applicable policies) in the same manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably
approved by the City. The Consultant shall be responsible for the payment of any deductible or
self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the tenn of this Agreement, Consultant shall not discriminate against any
of its employees or applicants for employment because of their race, color, religion, sex, or national
origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jory Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals,
law clerks and legal assistants, and including fees and expenses charged for representation at both
the trial and all appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT,
EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND
INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold hannless the City, its officers, agents and employees,
from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment
or damages, arising from Consultant's performance or non-performance of any provision of this
Agreement, including, but not limited to, liabilities arising from contracts between the Consultant
and third parties made pursuant to this Agreement. Consultant shall reimburse the City for all its
expenses including reasonable attorneys' fees and costs incurred in and about the defense of any
such claim or investigation and for any judgment or damages arising from Consultant's
perfonnance or non-performance of this Agreement
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City nor shall
anything included herein be construed as consent to be sued by third parties in any matter arising
out of this Agreement or any other contract. The City is subject to section 768.28, Florida Statutes,
as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and
shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified
mail with postage prepaid return receipt requested, or by a private postal service, addressed to the
parties ( or their successors) at the addresses listed on the signature page of this Agreement or such other
address as the party may have designated by proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by
the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be
proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or
written representations. No representations were made or relied upon by either party, other than
those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify or
amend the terms of this Agreement, unless executed with the same fonnality as this document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements, developments,
methods, designs, analyses, drawings, reports, compiled infonnation, and all similar or related
infonnation (whether patentable or not) which relate to Services to the City which are conceived,
developed or made by Consultant during the term of this Agreement ("Services Product") belong
to the City. Consultant shall promptly disclose such Services Product to the City and perform all
actions reasonably requested by the City (whether during or after the tenn of this Agreement) to
establish and confirm such ownership (including, without limitation, assignments, powers of
attorney and other instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession or control
in connection with Consultant's performance under this Agreement. The City Manager or her
designee shall, during the term of this Agreement and for a period of three (3) years from the date
of tennination of this Agreement, have access to and the right to examine and audit any records of
the Consultant involving transactions related to this Agreement. Consultant additionally agrees
to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records are transferred to the
City.
16.3. Upon request from the City's custodian of public records, Consultant shall provide the City
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,
or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited to reports,
surveys, and other data and documents provided or created in connection with this Agreement are
and shall remain the property of the City.
16.5. Upon completion of this Agreement or in the event oftennination by either party, any and
all public records relating to the Agreement in the possession of the Consultant shall be delivered
by the Consultant to the City Manager, at no cost to the City, within seven (7) days. All such
records stored electronically by Consultant shall be delivered to the City in a format that is
compatible with the City's infonnation technology systems. Once the public records have been
delivered upon completion or tennination of this Agreement, the Consultant shall destroy any and
all duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received as
provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall result in
the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701{2)(al, Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
NPayne@southmiamifl.gov
17. Nonassignabillty. This Agreement shall not be assignable by Consultant unless such assignment is first
approved by the City Manager. The City is relying upon the apparent qualifications and expertise of
the Consultant, and such firm's familiarity with the City's area, circumstances and desires.
18. Severabillty. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term
and provision of this Agreement shall be valid and be enforceable to the fullest extent pennitted by law.
19. Independent Consultant. The Consultant and its employees, volunteers and agents shall be and remain
an independent contractor and not an agent or employee of the City with respect to all of the acts and
services performed by and under the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint undertaking, enterprise or
venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and
in particular shall obtain all required pennits from all jurisdictional agencies to perform the Services
under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other which is in violation of the tenns of this Agreement shall not be
construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the
date of the term of the Agreement, shall survive tennination of the Agreement, shall remain in full force
and effect unless and until the terms or conditions are completed and shall be fully enforceable by either
party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation,
individual or firm, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, gift, or any other consideration, contingent upon or resulting from the award
or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287 .133, Florida Statutes
(Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference,
including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all
contractors doing business with the City to register with and use the E-V erify system to verify the work
authorization status of all newly hired employees. The City will not enter into a contract unless each
party to the contract registers with and uses the E-Verify system. The contracting entity must provide
its proofof enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's
participation/enrollment in E-Verify, please visit: https://www.e-verifv.gov/fag/how-do-i-provide-
proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Consultant
acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify
requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-
V erify affidavits from subcontractors; and has executed the required affidavit attached hereto and
incorporated herein.
[Remainder of page intentionally left blank.
Signature page and E-Verffy Affidavit follows.]
IN WITNESS WHEREOF, the parties hereto have cau sed thi s Agreement to be executed the day and year as first
stated above.
By: ----=---------a,<---_.
Genaro "Chip" Iglesias
City Manager
Attest:
e,CMC,FCRM
::pwvOO ~
Weiss Sero~P .L.
C ity Attorney
Addresses for Notice:
Genaro "Chip" Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiarnifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com ( email)
Addresses for Notice:
____________ (telephone)
____________ (facsimile)
____________ (email)
With a copy to:
____________ (telep hone)
____________ (facsimil e)
____________ (emai l)
ATTACHMENT B
DECLARATION/AFFIDAVIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need
to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-2206 ( c )(9), any person
who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation,
selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals
who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's
proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the
presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required
to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has
been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the
City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.S25(2), Florida Statutes, the undersigned, ______ • makes the following declaration under
penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents in
connection with Request for Proposals (RFP) No. ___ _
Please note; No penon may appear before any committee on behalf of anyone unless he or she has been listed
as part of the firm's presentation team punuant to this paragraph or unless he or she is registered with the
Clerk's office as a lobbyist and bas paid all applicable lobbyist registration fees.
TITLE
For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the
exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees.
The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is
submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true
and specifically that the persons listed above are the members of the presentation team of the entity listed below.
STATE OF FLORIDA
COUNTY OF ____ _
)
)
) ss:
The foregoing instrument was acknowledged before me by means of □ physical presence or □ online
notarization this ___ day of ________ _, 20_, by ____________ ~
on behalf of _____________________ . She/He □ is personally known to
me or □ has produced as identification.
Notary Public
Print Name
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, F lorida Statutes, the City requires all contractors doing business with the City
to register wit h and use the E-Verify system to verify the work authori zation status of all newly hired employees.
The City will not enter into a contract unless e ac h party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E -Verify. For instructions on how to provide
proofofthe contracting entity's participation/enrollment in £-Verify, please v isit: htt ps://www.e-
veri fy .l!ov/fa g/how-do-i-provide-p roo f-of-m, -partici pationenro l lm ent-i n-e-ver if y
By s igning below, the contracting entity acknowledges that i t has read Section 448.095 , Florida Statutes and will
comply with the E-Verify requirements imposed by it, in cl uding but not lim ited to obtaining E-Verify affidavits
from subcontractors.
~k here to co nfirm proof of enrollment in E-Verify bas been attached to this Affidavi,t.
Print Name: -:""~~f?::-1:f~~~~r----
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Entity Name: -t;-;:;dJ.4.!J,A-.U..11,,,f,.._...lt:n...4.Jl!,,d..JJ.LLL.:2,--Y
ACKNOWLEDGMENT
State ofFloriU
County of PM-
wledged bef Pfe.:fle by h s ical presence or D online notarization,
..o~~L-"""""'=->'------' 2~, by _..lL.l~->-U;..u--l'4'[,(.A~-___:___: __ (nam e of person)
as -4--.U:...~4-'W4::::...._ __________ (typ J (name
o f party on b ehalf of whom ins trument is executed).
/ Personall y known to me; or
___ Produced ide ntification (Type of Identificati on : ______________ -')
___ Did take an oath; or
--~Did not take an oath • Notary Public State of Florida ·•.
-. Jacqueline Bernes
j lmilumiml My Col)lmisslon HH-418038
Expires 10/23/2027 ~
I
EXHIBITB
PRICE PROPOSAL
Evergreen Solutions, LLC
2528 Barrington Circle • Unit #20 I • Tallahassee, Florida 32308
850.383.0 I I I • fax 850.383.151 I
June 23, 2023
Ms. Samantha Fraga-Lopez, Esq.
De puty Ci ty Manager
City of South M iami
6130 Su nset Dri ve
South Miami, Flo r ida 33143
SU BM ITT ED VIA EM AIL : SFraga-Lopez@southmiam ifl.gov
Dear Ms. Fraga-Lopez:
We appreciate t he opportu nity to s u bmit a lette r proposal to conduct a Classification and
Compe nsation Stu d y for t he City of South Miami. Based o n your scope of work, I have prepa red a
wo rk p lan outli ning the tasks, activities, and m il estones necessary t o accompl ish this study as we ll
as a proposed t i meline and cost. Note: Eve rgreen understands the City has approximately 124 fu ll-
and 35 part-time employees.
Deta il ed Work Plan
Task 1.0
Project Initiation
Page 1 of10
TAS K GOALS
• Finali ze the proj ect plan w ith t he City of South Miami (City).
• Gather all pertinent data.
• Fina li ze any remain ing contractua l negotiations.
• Establish an agreeable final time line for a ll project m ilestones and
del iverables.
TAS K ACTIVITIES
1 .1 Meet with the City's Project Manager (CPM) to discuss the
foll owing objectives:
• understa nd the City's mission and cu rrent compensati on
ph i losophy (if any);
• review our proposed methodology, approach, and project work
plan to identify any necessary re visi ons;
• reach agreeme nt on a schedule for the project including a ll
assignments and project m i lestones/del iverables;
www.ConsultEvergreen.com
18
Task2.0
Evaluate the Current
System
Page2 of10
• establish an agreeable communication schedule.
1.2 Identify potential cha ll enges and opportunities for t he study.
Discuss the strategic direction of the City and some of the short
and long-term priorities. This activity serves as the bas is for
assessing where t he City is going and what type of pay plan will
re inforce current a nd future goa ls.
1.3 Obta in relevant materials from the City, including:
• any previous projects, research , eva luations, or other studies
t hat may be re levant to this project;
• organizational charts for the departments and divisions, along
with related responsibility description s;
• c urrent position and classificat ion descriptions, salary
schedule(s), and c lassification system; and
• personne l policies and procedures.
1.4 Rev iew and ed it t he project work plan and submit a schedule for
the completion of each project task.
1.5 Provide status reports throughout the study to the CPM.
KEY PROJECT MILESTONES
• Comprehensive project management plan
• Comp rehens ive database of City employees
TASK GOAL
• Conduct a comprehens ive prelim in ary evaluation of the City's
ex isting compensation plan.
TASK ACT IVIT IES
2.1 Obtain t he existing pay structure and compe nsation ph il osophy.
Review the existing pay structure and loo k for pote nti al prob lems
to be resolved.
2.2 Dete rm ine t he strengths and weaknesses of the cu rrent pay
plan(s).
2 .3 Discuss any existing compression issues and possible resolutions.
2.4 Comp lete an assessme nt of current conditions t hat detai ls the
pros and cons of the current system as well as high lights areas for
potentia l improvement in the final adopted solution.
Task3.0
Collect and Review
Current Environment
Data
Task4.0
Evaluate and Build
Projected
Classification Plan
Page3 of10
KEY PROJECT MILESTONES
• Re view of existing compensation plan(s)
• Assessment of cu r rent cond it ions
TASK GOALS
• Conduct statistical and a necdota l research into the current
env ironm ent within t he City .
• Gu id e subsequent analytica l tasks.
TASK ACTIVITIES
3 .1 Schedu le and co nduct employee orientation sessions.
3 .2 Meet with department heads to obtain relevant information and
statisticaljanecdotal data on specific compensation issues and
policies. Obtain i nsight into perceived cu rre nt compensation
system strengths an d weaknesses.
3 .3 Ho ld focus groups with a sample of employees to obtain
a ddit io nal re levant information and statistical/anecdotal data on
s pecific compensati on issues and po li c ies.
3.4 Work with the CPM to adm i nister the Job Assessment Tool (JAT)
a nd th e Management Issues To o l (MIT). Our staff utilizes a web-
based too l for data co ll ection, but we ca n prov id e paper co pies as
we ll as t hose for classifi cations without com pu ters or Internet
access. We will seek approval from the CPM before dist ribution
of t he JAT /MIT questionnaire.
3.5 Rev iew any data prov id ed by the City that may prov ide additional
relevant insight.
KEY PROJECT MILESTONES
• JAT and MIT distribution
• Department head interviews
• Emp loyee orientatio n sessions and focus groups
TASK GOALS
• Ident ify the c lass ifi cation of ex isti ng pos it ions uti li zing Evergreen
Solutions' j ob eva lu ation system .
• Rev iew JAT responses.
Task 5.0
Identify List of
Market Survey
Benchmarks and
Approved List of
Targets
Page4of10
• Characterize i ntern a l equity relationshi ps wit hin the City.
TASK ACTIVI TIES
4.1 En su re t hat a ll draft class specifications have been prov ided to
Evergreen by the CPM.
4.2 Revi ew the work performe d by each classification and score.
Rev i ew includes eva l uation of supervisory comme nts.
4.3 Review JAT scores and identify the classification of positions.
4.4 Sched ul e and co ndu ct add itional follow up wit h employees for jobs
where uncertainty exists over data obtained from t he JATs .
4 .5 Deve lop preliminary recommendations for th e classification
structu re. Th e c lass ificatio n system designed at t his point would be
based so lely on interna l eq uity relationships and wou ld be guided
by the JAT scores for eac h classification. Essentia lly, a structure of
c lassif ications would be established, and classifications with
similar sco ri ng would be grouped into pay grades. Spac ing
between jobs would be determined , and each classification would
be assigned to a pa y grade. Final deci sion on the minimums and
maxi mums of the pa y grades would be determined after the
market data has be en co ll ected.
4.6 Rev iew recommendations with the CPM .
KEY PROJECT MILESTONES
• JAT sco res by class
• Recommended c lass ification changes
• Preli m inary job stru cture based on internal equity
TASK GOALS
• Id e nt ify positions t o benchmark for t he market salary survey.
• Id en t ify and develop a comprehensive list of targets for con du ctin g
a successful externa l labor market salary assessment.
TASK ACTIVI TIES
5.1 Identify a nd review w it h the CPM t he classificat ions that w ill be
used as ben chmarks for t he market salary survey. Note:
Evergre en wi ll wo rk with t he CPM to select up to 60
class ificatio ns to serve as benchmarks for t h e ma rket salary
s u rvey .
Task 6.0
Conduct Mar1<et
Salary Survey and
Provide External
Assessment
Summary
Page s of10
5 .2 Fi na lize t h e l ist of be nchmark pos itions.
5.3 Rev iew with t he CPM up to 20 peer orga ni zatio ns t hat s hou ld be
inc l ude d in the market sa lary s urvey.
5.4 Deve lop a pre li minary list of orga ni zations for the exte rn al labor
ma rket s urvey, placin g a co m parative emphas is o n
c ha racteri stics such as:
• s ize of the organ ization;
• geographi c proxi mi ty to the So uth Miami area;
• economic and budget cha racteristics; and
• other d emographic data.
5 .5 Develop a list of s urvey ta rgets by employee group. De velop a
system for use of secondary data, including potential sources and
weighting of secondary data , if necessary.
5 .6 Review survey methodo logy w ith t he CPM a nd refine survey
methodo logy prior to di stribution of s u rvey.
5.7 Afte r app rova l of survey methodology, deve lop contact l ist of peer
o rgan izatio ns and notify pee rs of impe nd i ng survey.
KEY PROJECT MILESTONES
• In itia l list of survey peers
• Survey methodology
• Final list of survey organ iza t ions and contacts
TASK GOALS
• Conduct t he externa l labor ma r ket salary survey.
• Prov ide a summary of the s urvey resu lts to t he CPM for rev iew.
TASK ACTIVITIES
6.1 Pr epare a cust om ized externa l labor market salary survey for t he
CPM's ap prova l. Disc uss t he questions to i nc lude in t he survey
wit h the CPM .
6 .2 Co ntact the ta rgets for electronic completion of t he survey.
Prov ide pa per cop ies by fa x, if request ed.
6 .3 Conduct necessary fo ll ow-up t hrough e-mails, faxes, and phone
calls.
Task 7.0
Develop Strategic
Positioning
Recommendations
Page6of10
6 .4 Co ll ect and enter survey results into Evergreen Solutions'
electronic data ana lysis tools.
6.5 Val idate all data submitted .
6.6 Devel op summary report of external labor market salary
assessment results.
6. 7 Submit summary report of external labor market sa lary
assessment results to the CPM .
KEY PROJECT MILESTONES
• Market survey instr ument
• Summary report of externa l labor market salary assessment
resu lts
TASK GOALS
• Assess t he appropri ateness of the City's current compensation
philosophy.
• Dev el op a plan for all emp loyees, providing issue areas and
preli minary recommendations for strategic improvement.
TASK ACTIVI TIES
7 .1 Id ent ify the compensation philosop hy and accompanying
thresholds.
7 .2 Using the market salary data collected in Task 6.0, as well as the
classification data reviewed in Task 4 .0, create a new pay plan for
t he City including number of grades, steps, and ranges , if
appropriate.
7.3 Produce a pay plan for the City that best meets its needs from an
internal equity and externa l equity standpoint.
KEY PROJECT MILESTONES
• Prop osed compensation strategic direction , ta king into account
internal and externa l equ ity
• Plan for addressing unique, highly competitive pos itions
Task 8.0
Conduct Solution
Analysis
Task9.0
Develop and Submit
Draft and Final
Reports
Page7of10
TASK GOALS
• Conduct analysis comparing JAT values.
• Survey results fo r the benchmark positions.
• Produce seve ral possible solutions for implem entation.
TASK ACTIVITIES
8.1 Conduct regression ana lysis or other appropriate techniques to
properly slot each classification into the proposed pay plan.
8.2 Place all class ifi catio ns into pay grades based on Task Activity 8 .1 .
Sort a lphabetic a ll y by job class title, in descending order by range,
a nd by old class title and new class spec ificat ions.
8.3 Create implementation solu tions for cons ideration that take into
account the current position of the organization as well as the
findings from the classification and compensation ana lysis.
Id entify and prepare a range of compensation policy alternatives.
8.4 Discuss with the CPM potential so lu tions.
8.5 Determine t he best solution to meet the City's needs in the short-
term and long-term.
8 .6 Document the accepted solution.
KEY PROJECT MILESTONES
• Init ial regression ana lysis
• Potential sol utions
• Documented fi na l solution
TASK GOALS
• Develop and su bmit a draft and final reports of the Classification
and Compensation Study for the City of South Miami.
• Present final report.
TASK ACTIVITIES
9 .1 Produce a comp rehensive draft report t hat captures the results
of each previous step. The report will include any detailed costs
assoc iated with all recommendations as well as implementation
strategies.
Task10.0
Develop
Recommendations
for Compensation
Administration
Page8of10
9.2 Submit the compre hensive draft report to the CPM for review and
approva l.
9.3 Make edits and submit necessary cop ies of the final report to the
CPM.
9.4 Present the final report.
9.5 Deve lo p implementation database to communicate the process
and progress of th is project to the CPM.
9.6 Deve lop a plan for maintain ing recommendations over t ime.
KEY PROJECT MILESTONES
• Draft and final reports
• Fina l presentation
• Communication plan
• Implementation and maintenance database
TASK GOALS
• Dev elop recommendations for the continued administration by the
City's staff to sustain the recommended compensation a nd
c lass ification structure.
• Pro vide trai ning.
TASK ACTIVITIES
10.1 Devel op recommendations and guidelines for the continued
adm inistration and maintenance of t he classification and
compensation stru cture, in cluding recommendations and
guideli nes related to:
• how employees wi ll move through the pay struct ure/system as
a result of transfers, promotions, or demotions;
• how to pay emp loyees whose base pay has reached the
maximum of their pay range or va lu e of t heir position;
• the proper mix of pay a nd benefits;
• how often to adjust pay scales and survey the market;
• the tim in g of impleme ntation; and
• how to keep t he system fa ir and competitive over time.
Task 11.O
Provide Revised
Class Descriptions
and FLSA
Determinations
Page9 of10
10.2 Recommend recru itment/retention strat egies, where approp ri ate.
10.3 Present recomm endatio ns to t he CPM for re view .
10.4 Fi nali ze recommendations.
10.5 Provid e instructional information/training to Human Reso urces staff
to ensure that staff can co nduct aud its/adj ustments cons istent with
study methods until t he next formal study is cond ucted using
Evergreen's JobForce Managertool that will enable Huma n
Re sou rces staff to estimate f uture pay plan changes , update
ma rk et information, make determinations on reclassifications, and
create new jobs -allowing for streamli ning, and an increase in
fairness and transpa rency of regular co mpensation a nd
c lassi ficatio n tasks after so lution implementation .
KEY PR OJ ECT MILESTONES
• Recommendations for compensatio n administration
• Recommendations for recruitment/retention policies
TASK GOALS
• Update existi ng class descriptions.
• Create new class descriptions as needed, ensuring FLSA, EEO/ADA
requirement satisfaction.
• Provide final version of all class descriptions/specifications in
e lectron ic format (i.e ., MS Word) after approva l by the CPM.
TASK ACTIVITIES
11.1 Assess current class descriptions for form, conte nt, valid ity, and
ADA compli ance.
11.2 Discuss any necessary changes to the class description format
wit h the CPM.
11.3 Update class ifi cati on descriptions based on data gathered from
t h e JAT process and discuss with t he CPM.
11.4 Create any new class descriptions based on Evergreen 's proposed
c lass ifi cation structu re by leveragin g data from t he JAT process, if
available. Pro vide complete li sting of the a llocation of job classes
to salary range ass ignments.
11.5 Make FL SA determinations based on work performed and federal
requirements.
KEY PROJECT MILESTONES
• Updated cla ss desc ri ptions
• New class descriptions as ne eded
Cost and Timeline
Our total, not-to-exceed , fixed cost t o complete a ll tasks in our deta il ed work p lan is $32,500. Our cost
is all in c lus ive, and includes travel costs (mea ls and lodging), tra nsportation, fringe benefits, ind irect cost
(ov erhead), clerica l support, and all other out-of-pocket expe nses. Our cost incl udes two onsite visits to
the City to perform the requested wo rk as most of the work can be performed virtua lly. Evergreen wi ll
conduct the Class ification and Compensation Study in four mo nths from t he execution of a contract.
This assumes a tentative start dat e of October 1, 2023, a nd a completion date of January 31, 2024.
Our preferred method of invoicing is as follows:
• 25% -upon comp letion of Tasks 1 -2
• 25% -upon completion of Tasks 3 -4
• 25% -upon completion of Tasks 5 -6
• 15% -upon completion of Tasks 7 -11
• 10% -upon completion of Task 1 2
We wou ld love the opportunity to wo rk with t he City of So ut h Miami. If you have any questions or need
any additional information, please f eel free to contact me at (850) 383-0111 or via email at
jeff@consu lteverg reen .com .
Sincerely,
Dr. Jeffrey Li ng, President
Evergreen So lutions, LLC
Page10 of10
City Commission Agenda Item Report
Meeting Date : September 19, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
Agenda Item No:3 .
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, APPROVING AN
AGREEMENT WITH EVERGREEN SOLUTIONS , LLC TO CONDUCT A CLASS IFICATION AND
COMPENSATION STUDY FOR THE CITY; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTAT ION, CORRECTIONS , SEVERABILITY AND AN EFFE CTIVE DATE . 3/5 (CITY
MANAGER-HUMAN RESOURCES DEPT.)
Suggested Action:
Attachments:
CM_Memo_Compensation Study.docx
Resolution Approving Agreement with Evergreen for Classification and Compensation Study.DOCX
Exhibit A -PSA for Evergreen Compensation and Classification Study.DOCX
EGS Letter Pro posa I. pdf
1
To:
F ROM :
D ATE:
SUBJECT:
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Th e Hon o rab le M ay o r, Vice Ma yo r, and Mem
Genaro "Chi p" Iglesias, City Manager
Se ptembe r 19, 20 23
Co mp e nsatio n Study
RECOMMENDATION : St aff r ec omme nds approva l of the compensa t ion stu dy to be performed
by Evergreen So l ution s, LL C.
BACKGROUND : Th e City is recom m endi ng hi r i ng Everg r ee n So lutio ns, LL C to con duct a
Cl ass ific at io n and Compensat ion Study for the City.
To t he kno w ledge of cu r rent staff, th e Cit y has never co ndu ct ed a
co mpensatio n study (at least not w ithin the last 13 years). The City
prev ious ly had sa lar y ra nges with in each position but t he ranges an d step
pl ans we r e eli m in ated by t he Administr ation in 2014. It h as been
d et er m i ned thro ugh severa l sa lary surveys that the City may not be
co m pe titive as it r elates t o certa in positions. Everg r ee n So lu t ion s w il l
provide th e City wit h a ful l stu dy wh ich i ncludes a proposed pay p lan,
u p dat ed j ob descriptions and class ifications, a r ecommendation fo r
impleme ntatio n, and a plan fo r co ntin ued adm in ist r ation.
The Budget and Finance Committee supported the Co m pensa t ion Study in
the i r reco m me n da tions t o the Com miss io n duri ng t he City's Bu dget
wo r kshop.
The com pany specia li zes and h as parti cu la r ex p erti se in prepa r ing
classi fi cation and compensa ti on studies. Therefore, due to the special ized
ex pert se r v ices p rov id ed by Everg ree n So lutions, LLC, com petit ive
co n ditions sha ll be waived in accordance w ith the City Charter, Article Ill,
Section 5. "Powers and Du ties, 11 Subsection H. as the special ized se rvices
provid ed by Eve rgr ee n So lutio ns ar e considered "Ex pert Services ." Th e
referenced section in the City Charter is summarized below:
ARTICLE Ill, Se ction 5, Subsection H.
All purchases shall be approved after competitive conditions shall have
been main tained and competitive bids sought from at l east three different
sources of supply if available, such determination to be made by the
Commission, and, notwithstanding the foregoing, the City may make
p urchases t h rough other governmental agencies that have followed similar
bidding procedures. This subs e ct ion does not apply to the purchase of
FUNDING:
ATTACHMENTS:
TH E CITY O F PLEASANT LI VING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
legal and expert services that have been approved by the City
Commission. (Amended 2/8/00)
Not to excee d $32,500.00 charged to the Personnel Division's Contractua l
Services .
Resolution
Proposal
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: September 19, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN
AGREEMENT WITH EVERGREEN SOLUTIONS, LLC TO CONDUCT A CLASSIFICATION AND
COMPENSATION STUDY FOR THE CITY; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (CITY
MANAGER-HUMAN RESOURCES DEPT.)
Suggested Action:
Attachments:
CM_Memo_Compensation Study.docx
Resolution Approving Agreement with Evergreen for Classification and Compensation Study.DOCX
Exhibit A - PSA for Evergreen Compensation and Classification Study.DOCX
EGS Letter Proposal.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: September 19, 2023
SUBJECT: Compensation Study
RECOMMENDATION: Staff recommends approval of the compensation study to be performed
by Evergreen Solutions, LLC.
BACKGROUND: The City is recommending hiring Evergreen Solutions, LLC to conduct a
Classification and Compensation Study for the City.
To the knowledge of current staff, the City has never conducted a
compensation study (at least not within the last 13 years). The City
previously had salary ranges within each position but the ranges and step
plans were eliminated by the Administration in 2014. It has been
determined through several salary surveys that the City may not be
competitive as it relates to certain positions. Evergreen Solutions will
provide the City with a full study which includes a proposed pay plan,
updated job descriptions and classifications, a recommendation for
implementation, and a plan for continued administration.
The Budget and Finance Committee supported the Compensation Study in
their recommendations to the Commission during the City’s Budget
workshop.
The company specializes and has particular expertise in preparing
classification and compensation studies. Therefore, due to the specialized
expert services provided by Evergreen Solutions, LLC, competitive
conditions shall be waived in accordance with the City Charter, Article III,
Section 5. “Powers and Duties,” Subsection H. as the specialized services
provided by Evergreen Solutions are considered “Expert Services.” The
referenced section in the City Charter is summarized below:
ARTICLE III, Section 5, Subsection H.
All purchases shall be approved after competitive conditions shall have
been maintained and competitive bids sought from at least three different
sources of supply if available, such determination to be made by the
Commission, and, notwithstanding the foregoing, the City may make
purchases through other governmental agencies that have followed similar
bidding procedures. This subsection does not apply to the purchase of
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
legal and expert services that have been approved by the City
Commission. (Amended 2/8/00)
FUNDING: Not to exceed $32,500.00 charged to the Personnel Division’s Contractual
Services.
ATTACHMENTS: Resolution
Proposal
Page 1 of 2
RESOLUTION NO. 2023-1
A RESOLUTION OF THE CITY COMMISSION OF THE 2
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN3
AGREEMENT WITH EVERGREEN SOLUTIONS, LLC TO 4
CONDUCT A CLASSIFICATION AND COMPENSATION 5
STUDY FOR THE CITY; PROVIDING FOR 6
AUTHORIZATION;PROVIDING FOR 7
IMPLEMENTATION, CORRECTIONS, SEVERABILITY 8
AND AN EFFECTIVE DATE.9
WHEREAS, the City of South Miami (the “City”) is in need of a classification and 10
compensation study (the “Services”); and11
12
WHEREAS, the Services include, without limitation, updating the City’s job descriptions, 13
and salary ranges, which is critical to the City’s successful recruitment and retention of employees; 14
and15
16
WHEREAS,Evergreen Solutions, LLC (the “Consultant”), specializes in and has a 17
particular expertise in conducting the Services for municipalities; and18
19
WHEREAS, the Consultant submitted a proposal for the Services in the amount of 20
$32,500 (the “Proposal”); and21
22
WHEREAS,in accordance with Article III, Section 5 of the City Charter, expert services 23
approved by the City Commission are not subject to competitive bidding requirements; and24
25
WHEREAS the fee for the Services will be charged to the Personnel Division’s 26
Contractual Services line item, where the Mayor and Commission approved an increase for FY24 27
to fund the study; and28
29
WHEREAS, the City Commission desires to approve an agreement with the Consultant 30
for the Services, in substantially the form attached hereto as Exhibit “A,” consistent with the 31
Proposal attached hereto and as Exhibit “B”; and32
33
WHEREAS, the City Commission finds that this Resolution is in the best interest and 34
welfare of the City.35
36
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 37
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:38
39
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated 40
herein by this reference.41
42
Section 2.Approval.That the City Commission hereby approves the Agreement with 43
Consultant for the Services, in substantially the form attached hereto as Exhibit “A,” consistent 44
with the Proposal attached hereto as Exhibit “B.”45
4
Page 2 of 2
46
Section 3.Authorization.That the City Commission hereby authorizes the City 47
Manager to negotiate and execute the Agreement, in substantially the form attached hereto as 48
Exhibit “A,” with the Consultant on behalf of the City, subject to the approval as to form and legal 49
sufficiency by the City Attorney.50
51
Section 4.Implementation. The City Manager is hereby authorized to take any and 52
all necessary action to implement the purposes of this Resolution.53
54
Section 5.Corrections. Conforming language or technical scrivener-type corrections 55
may be made by the City Attorney for any conforming amendments to be incorporated into the 56
final resolution for signature.57
58
Section 6.Severability. If any section clause, sentence, or phrase of this Resolution 59
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 60
shall not affect the validity of the remaining portions of this Resolution.61
62
Section 7.Effective Date. This Resolution shall become effective immediately upon 63
adoption.64
65
PASSED AND ADOPTED this ____ day of _____________, 2023.66
67
ATTEST:APPROVED: 68
69
______________ 70
CITY CLERK MAYOR71
72
73
READ AND APPROVED AS TO FORM, COMMISSION VOTE:74
LANGUAGE, LEGALITY AND Mayor Javier Fernández:75
EXECUTION THEREOF Vice Mayor Lisa Bonich:76
Commissioner Steve Calle:77
Commissioner Joshua Liebman:78
_______________________________Commissioner Brian Corey:79
WEISS SEROTA HELFMAN COLE 80
& BIERMAN, P.L. 81
CITY ATTORNEY82
5
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
EVERGREEN SOLUTIONS, LLC
THIS AGREEMENT (this “Agreement”) is made effective as of the 19th day of September, 2023 (the
“Effective Date”), by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation, (hereinafter
the “City”), and EVERGEEN SOLUTIONS, LLC,a Florida limited liability company, (hereinafter, the
“Consultant”).
WHEREAS, the City requires a consultant to perform a classification and compensation study (the
“Services”), as further defined herein; and
WHEREAS, the Consultant will perform the Services on behalf of the City, all as further set forth in the
Proposal dated June 23, 2023, attached hereto as Exhibit “A”; and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a fee for the Services;
and
WHEREAS, the City desires to engage the Consultant to perform the Services and provide the deliverables
as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the
Consultant and the City agree as follows:
1. Scope of Services.
1.1.Consultant shall conduct a Classification and Compensation study and complete all task goals,
task activities, and key project milestones as outlined in Exhibit “A”.
1.2.Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter “Deliverables”)
to the City.
2. Term/Commencement Date.
2.1.The term of this Agreement shall be from the Effective Date through March 1, 2024, unless earlier
terminated in accordance with Paragraph 8.
2.2.Consultant agrees that time is of the essence and Consultant shall complete the Services within the
term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1.Compensation for Services provided by Consultant shall be in accordance with the Price Proposal
attached hereto as Exhibit “A.”Consultant shall be compensated a flat rate lump sum fee in the
amount of $32,500.00.
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3.2.Consultant shall deliver an invoice to City no more often than once per month detailing Services
completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each
month, pursuant to Consultant’s invoice, which shall be based upon the percentage of work completed
for each task invoiced, as outlined in Exhibit “A”. The City shall pay the Consultant in accordance
with the Florida Prompt Payment Act after approval and acceptance of the Services by the City
Manager.
4. Subconsultants.
4.1.The Consultant shall be responsible for all payments to any subconsultants and shall maintain
responsibility for all work related to the Services.
4.2.Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City Manager’s
sole and absolute discretion.
5. City’s Responsibilities.
5.1.City shall make available any maps, plans, existing studies, reports, staff and representatives, and
other data pertinent to the Services and in possession of the City, and provide criteria requested by
Consultant to assist Consultant in performing the Services.
5.2.Upon Consultant’s request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1.The Consultant shall exercise the same degree of care, skill and diligence in the performance of
the Services as is ordinarily provided by a consultant under similar circumstances. If at any time
during the term of this Agreement or within two (2) years from the completion of this Agreement,
it is determined that the Consultant’s Deliverables or Services are incorrect, not properly rendered,
defective, or fail to conform to City requests, the Consultant shall at Consultant’s sole expense,
immediately correct its Deliverables or Services.
6.2.The Consultant hereby warrants and represents that at all times during the term of this Agreement it
shall maintain in good standing all required licenses, certifications and permits required under Federal,
State and local laws applicable to and necessary to perform the Services for City as an independent
contractor of the City. Consultant further warrants and represents that it has the required
knowledge, expertise, and experience to perform the Services and carry out its obligations under
this Agreement in a professional and first class manner.
6.3.The Consultant represents that as of the Effective Date, it is an entity validly existing, in good
standing under the laws of Florida, and authorized to business within the State. The execution,
delivery and performance of this Agreement by Consultant have been duly authorized, and this
Agreement is binding on Consultant and enforceable against Consultant in accordance with its
terms. No consent of any other person or entity to such execution, delivery and performance is
required.
7. Conflict of Interest.
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7.1.To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of
this Agreement, provide any consulting services to any private sector entities (developers,
corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the
City.
8. Termination.
8.1.The City Manager, without cause, may terminate this Agreement upon five (5) calendar days
written notice to the Consultant, or immediately with cause.
8.2.Upon receipt of the City's written notice of termination, Consultant shall immediately stop work
on the project unless directed otherwise by the City Manager.
8.3.In the event of termination by the City, the Consultant shall be paid for all work accepted by the
City Manager up to the date of termination, provided that the Consultant has first complied with
the provisions of Paragraph 8.4.
8.4.The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and
data pertaining to the Services and the project to the City, in a hard copy and electronic format
within fourteen (14) days from the date of the written notice of termination or the date of expiration
of this Agreement.
9. Insurance.
9.1.Consultant shall secure and maintain throughout the duration of this agreement insurance of such
types and in such amounts not less than those specified below as satisfactory to City, naming the
City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and
qualified to do business in the State of Florida. The insurance coverage shall be primary insurance
with respect to the City, its officials, employees, agents, and volunteers naming the City as
additional insured. Any insurance maintained by the City shall be in excess of the Consultant’s
insurance and shall not contribute to the Consultant’s insurance. The insurance coverages shall
include at a minimum the amounts set forth in this section and may be increased by the City as it
deems necessary or prudent.
9.1.1.Commercial General Liability coverage with limits of liability of not less than a $1,000,000
per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the care, custody and control of
Consultant. The General Aggregate Liability limit and the Products/Completed Operations
Liability Aggregate limit shall be in the amount of $2,000,000 each.
9.1.2.Workers Compensation and Employer’s Liability insurance, to apply for all employees for
statutory limits as required by applicable State and Federal laws. The policy(ies) must include
Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee,
subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this
Agreement who is not covered by Worker’s Compensation insurance.
9.1.3.Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined
single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form
no more restrictive than the latest edition of the Business Automobile Liability policy, without
8
restrictive endorsements, as filed by the Insurance Service Office, and must include Owned,
Hired, and Non-Owned Vehicles.
9.1.4.Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City, reflecting the
City as an Additional Insured (except with respect to Professional Liability Insurance and
Worker’s Compensation Insurance), no later than ten (10) days after award of this Agreement and
prior to the execution of this Agreement by City and prior to commencing Services. Each
certificate shall include no less than (30) thirty-day advance written notice to City prior to
cancellation, termination, or material alteration of said policies or insurance. The Consultant shall
be responsible for assuring that the insurance certificates required by this Section remain in full
force and effect for the duration of this Agreement, including any extensions or renewals that may
be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Agreement and shall state that such insurance is
as required by this Agreement. The City reserves the right to inspect and return a certified copy
of such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed
with a provision that not less than thirty (30) calendar days’ written notice shall be provided to the
City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is
subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s
Compensation Insurance, the City is to be specifically included as an Additional Insured for the
liability of the City resulting from Services performed by or on behalf of the Consultant in
performance of this Agreement. The Consultant’s insurance, including that applicable to the City
as an Additional Insured, shall apply on a primary basis and any other insurance maintained by
the City shall be in excess of and shall not contribute to the Consultant’s insurance. The
Consultant’s insurance shall contain a severability of interest provision providing that, except with
respect to the total limits of liability, the insurance shall apply to each Insured or Additional
Insured (for applicable policies) in the same manner as if separate policies had been issued to each.
9.4. Deductibles.All deductibles or self-insured retentions must be declared to and be reasonably
approved by the City. The Consultant shall be responsible for the payment of any deductible or
self-insured retentions in the event of any claim.
9.5.The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination.During the term of this Agreement, Consultant shall not discriminate against any
of its employees or applicants for employment because of their race, color, religion, sex, or national
origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1.In the event of any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover its attorneys’ fees and costs, including the fees and expenses of any paralegals,
law clerks and legal assistants, and including fees and expenses charged for representation at both
the trial and all appellate levels.
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11.2.IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT,
EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND
INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY.
12. Indemnification.
12.1.Consultant shall indemnify and hold harmless the City, its officers, agents and employees,
from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment
or damages, arising from Consultant’s performance or non-performance of any provision of this
Agreement, including, but not limited to, liabilities arising from contracts between the Consultant
and third parties made pursuant to this Agreement. Consultant shall reimburse the City for all its
expenses including reasonable attorneys’ fees and costs incurred in and about the defense of any
such claim or investigation and for any judgment or damages arising from Consultant’s
performance or non-performance of this Agreement.
12.2.Nothing herein is intended to serve as a waiver of sovereign immunity by the City nor shall
anything included herein be construed as consent to be sued by third parties in any matter arising
out of this Agreement or any other contract. The City is subject to section 768.28, Florida Statutes,
as may be amended from time to time.
12.3.The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives.Any notices required by this Agreement shall be in writing and
shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified
mail with postage prepaid return receipt requested, or by a private postal service, addressed to the
parties (or their successors) at the addresses listed on the signature page of this Agreement or such other
address as the party may have designated by proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by
the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be
proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1.This writing contains the entire Agreement of the parties and supersedes any prior oral or
written representations. No representations were made or relied upon by either party, other than
those that are expressly set forth herein.
15.2.No agent, employee, or other representative of either party is empowered to modify or
amend the terms of this Agreement, unless executed with the same formality as this document.
16. Ownership and Access to Records and Audits.
16.1.Consultant acknowledges that all inventions, innovations, improvements, developments,
methods, designs, analyses, drawings, reports, compiled information, and all similar or related
information (whether patentable or not) which relate to Services to the City which are conceived,
developed or made by Consultant during the term of this Agreement (“Services Product”) belong
to the City. Consultant shall promptly disclose such Services Product to the City and perform all
actions reasonably requested by the City (whether during or after the term of this Agreement) to
establish and confirm such ownership (including, without limitation, assignments, powers of
attorney and other instruments).
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16.2.Consultant agrees to keep and maintain public records in Consultant’s possession or control
in connection with Consultant’s performance under this Agreement. The City Manager or her
designee shall, during the term of this Agreement and for a period of three (3) years from the date
of termination of this Agreement, have access to and the right to examine and audit any records of
the Consultant involving transactions related to this Agreement. Consultant additionally agrees
to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records are transferred to the
City.
16.3.Upon request from the City’s custodian of public records, Consultant shall provide the City
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,
or as otherwise provided by law.
16.4.Unless otherwise provided by law, any and all records, including but not limited to reports,
surveys, and other data and documents provided or created in connection with this Agreement are
and shall remain the property of the City.
16.5.Upon completion of this Agreement or in the event of termination by either party, any and
all public records relating to the Agreement in the possession of the Consultant shall be delivered
by the Consultant to the City Manager, at no cost to the City, within seven (7) days. All such
records stored electronically by Consultant shall be delivered to the City in a format that is
compatible with the City’s information technology systems. Once the public records have been
delivered upon completion or termination of this Agreement, the Consultant shall destroy any and
all duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.
16.6.Any compensation due to Consultant shall be withheld until all records are received as
provided herein.
16.7.Consultant’s failure or refusal to comply with the provisions of this section shall result in
the immediate termination of this Agreement by the City.
16.8.Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address:6130 Sunset Drive
South Miami, FL 33143
Telephone number:305-663-6340
Email:NPayne@southmiamifl.gov
11
17. Nonassignability.This Agreement shall not be assignable by Consultant unless such assignment is first
approved by the City Manager. The City is relying upon the apparent qualifications and expertise of
the Consultant, and such firm’s familiarity with the City’s area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term
and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law.
19. Independent Consultant. The Consultant and its employees, volunteers and agents shall be and remain
an independent contractor and not an agent or employee of the City with respect to all of the acts and
services performed by and under the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint undertaking, enterprise or
venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and
in particular shall obtain all required permits from all jurisdictional agencies to perform the Services
under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this Agreement shall not be
construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the
date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force
and effect unless and until the terms or conditions are completed and shall be fully enforceable by either
party.
23. Prohibition of Contingency Fees.The Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation,
individual or firm, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, gift, or any other consideration, contingent upon or resulting from the award
or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes
(Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference,
including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts.In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all
contractors doing business with the City to register with and use the E-Verify system to verify the work
authorization status of all newly hired employees. The City will not enter into a contract unless each
party to the contract registers with and uses the E-Verify system. The contracting entity must provide
its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s
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participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-
proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Consultant
acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify
requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-
Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and
incorporated herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.]
13
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City
to register with and use the E-Verify system to verify the work authorization status of all newly hired employees.
The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide
proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-
verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will
comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-Verify affidavits
from subcontractors.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization,
this day of , 20 , by (name of person)
as (type of authority) for (name
of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
CONSULTANT
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
15
ATTACHMENT B
DECLARATION/AFFIDAVIT OF REPRESENTATION
This affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need
to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-2206 (c)(9), any person
who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation,
selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals
who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's
proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the
presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required
to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has
been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the
City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under
penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents in
connection with Request for Proposals (RFP) No. .
Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed
as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the
Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
NAME TITLE
For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the
exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees.
The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is
submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true
and specifically that the persons listed above are the members of the presentation team of the entity listed below.
STATE OF FLORIDA )
) ss:
COUNTY OF ________________)
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization this day of , 20 , by ,
on behalf of . She/He is personally known to
me or has produced as identification.
Notary Public
Print Name
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EXHIBIT B
PRICE PROPOSAL
17
Page 1 of 10
June 23, 2023
Ms. Samantha Fraga-Lopez, Esq.
Deputy City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Ms. Fraga-Lopez:
SUBMITTED VIA EMAIL: SFraga-Lopez@southmiamifl.gov
We appreciate the opportunity to submit a letter proposal to conduct a Classification and
Compensation Study for the City of South Miami. Based on your scope of work, I have prepared a
work plan outlining the tasks, activities, and milestones necessary to accomplish this study as well
as a proposed timeline and cost. Note: Evergreen understands the City has approximately 124 full-
and 35 part-time employees.
Detailed Work Plan
Task 1.0
Project Initiation
TASK GOALS
• Finalize the project plan with the City of South Miami (City).
• Gather all pertinent data.
• Finalize any remaining contractual negotiations.
• Establish an agreeable final time line for all project milestones and
deliverables.
TASK ACTIVITIES
1.1 Meet with the City’s Project Manager (CPM) to discuss the
following objectives:
• understand the City’s mission and current compensation
philosophy (if any);
• review our proposed methodology, approach, and project work
plan to identify any necessary revisions;
• reach agreement on a schedule for the project including all
assignments and project milestones/deliverables;
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Page 2 of 10
• establish an agreeable communication schedule.
1.2 Identify potential challenges and opportunities for the study.
Discuss the strategic direction of the City and some of the short
and long-term priorities. This activity serves as the basis for
assessing where the City is going and what type of pay plan will
reinforce current and future goals.
1.3 Obtain relevant materials from the City, including:
• any previous projects, research, evaluations, or other studies
that may be relevant to this project;
• organizational charts for the departments and divisions, along
with related responsibility descriptions;
• current position and classification descriptions, salary
schedule(s), and classification system; and
• personnel policies and procedures.
1.4 Review and edit the project work plan and submit a schedule for
the completion of each project task.
1.5 Provide status reports throughout the study to the CPM.
KEY PROJECT MILESTONES
• Comprehensive project management plan
• Comprehensive database of City employees
Task 2.0
Evaluate the Current
System
TASK GOAL
• Conduct a comprehensive preliminary evaluation of the City’s
existing compensation plan.
TASK ACTIVITIES
2.1 Obtain the existing pay structure and compensation philosophy.
Review the existing pay structure and look for potential problems
to be resolved.
2.2 Determine the strengths and weaknesses of the current pay
plan(s).
2.3 Discuss any existing compression issues and possible resolutions.
2.4 Complete an assessment of current conditions that details the
pros and cons of the current system as well as highlights areas for
potential improvement in the final adopted solution.
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Page 3 of 10
KEY PROJECT MILESTONES
• Review of existing compensation plan(s)
• Assessment of current conditions
Task 3.0
Collect and Review
Current Environment
Data
TASK GOALS
• Conduct statistical and anecdotal research into the current
environment within the City.
• Guide subsequent analytical tasks.
TASK ACTIVITIES
3.1 Schedule and conduct employee orientation sessions.
3.2 Meet with department heads to obtain relevant information and
statistical/anecdotal data on specific compensation issues and
policies. Obtain insight into perceived current compensation
system strengths and weaknesses.
3.3 Hold focus groups with a sample of employees to obtain
additional relevant information and statistical/anecdotal data on
specific compensation issues and policies.
3.4 Work with the CPM to administer the Job Assessment Tool (JAT)
and the Management Issues Tool (MIT). Our staff utilizes a web-
based tool for data collection, but we can provide paper copies as
well as those for classifications without computers or Internet
access. We will seek approval from the CPM before distribution
of the JAT/MIT questionnaire.
3.5 Review any data provided by the City that may provide additional
relevant insight.
KEY PROJECT MILESTONES
• JAT and MIT distribution
• Department head interviews
• Employee orientation sessions and focus groups
Task 4.0
Evaluate and Build
Projected
Classification Plan
TASK GOALS
• Identify the classification of existing positions utilizing Evergreen
Solutions’ job evaluation system.
• Review JAT responses.
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Page 4 of 10
• Characterize internal equity relationships within the City.
TASK ACTIVITIES
4.1 Ensure that all draft class specifications have been provided to
Evergreen by the CPM.
4.2 Review the work performed by each classification and score.
Review includes evaluation of supervisory comments.
4.3 Review JAT scores and identify the classification of positions.
4.4 Schedule and conduct additional follow up with employees for jobs
where uncertainty exists over data obtained from the JATs.
4.5 Develop preliminary recommendations for the classification
structure. The classification system designed at this point would be
based solely on internal equity relationships and would be guided
by the JAT scores for each classification. Essentially, a structure of
classifications would be established, and classifications with
similar scoring would be grouped into pay grades. Spacing
between jobs would be determined, and each classification would
be assigned to a pay grade. Final decision on the minimums and
maximums of the pay grades would be determined after the
market data has been collected.
4.6 Review recommendations with the CPM.
KEY PROJECT MILESTONES
• JAT scores by class
• Recommended classification changes
• Preliminary job structure based on internal equity
Task 5.0
Identify List of
Market Survey
Benchmarks and
Approved List of
Targets
TASK GOALS
• Identify positions to benchmark for the market salary survey.
• Identify and develop a comprehensive list of targets for conducting
a successful external labor market salary assessment.
TASK ACTIVITIES
5.1 Identify and review with the CPM the classifications that will be
used as benchmarks for the market salary survey. Note:
Evergreen will work with the CPM to select up to 60
classifications to serve as benchmarks for the market salary
survey.
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Page 5 of 10
5.2 Finalize the list of benchmark positions.
5.3 Review with the CPM up to 20 peer organizations that should be
included in the market salary survey.
5.4 Develop a preliminary list of organizations for the external labor
market survey, placing a comparative emphasis on
characteristics such as:
• size of the organization;
• geographic proximity to the South Miami area;
• economic and budget characteristics; and
• other demographic data.
5.5 Develop a list of survey targets by employee group. Develop a
system for use of secondary data, including potential sources and
weighting of secondary data, if necessary.
5.6 Review survey methodology with the CPM and refine survey
methodology prior to distribution of survey.
5.7 After approval of survey methodology, develop contact list of peer
organizations and notify peers of impending survey.
KEY PROJECT MILESTONES
• Initial list of survey peers
• Survey methodology
• Final list of survey organizations and contacts
Task 6.0
Conduct Market
Salary Survey and
Provide External
Assessment
Summary
TASK GOALS
• Conduct the external labor market salary survey.
• Provide a summary of the survey results to the CPM for review.
TASK ACTIVITIES
6.1 Prepare a customized external labor market salary survey for the
CPM’s approval. Discuss the questions to include in the survey
with the CPM.
6.2 Contact the targets for electronic completion of the survey.
Provide paper copies by fax, if requested.
6.3 Conduct necessary follow-up through e-mails, faxes, and phone
calls.
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6.4 Collect and enter survey results into Evergreen Solutions’
electronic data analysis tools.
6.5 Validate all data submitted.
6.6 Develop summary report of external labor market salary
assessment results.
6.7 Submit summary report of external labor market salary
assessment results to the CPM.
KEY PROJECT MILESTONES
• Market survey instrument
• Summary report of external labor market salary assessment
results
Task 7.0
Develop Strategic
Positioning
Recommendations
TASK GOALS
• Assess the appropriateness of the City’s current compensation
philosophy.
• Develop a plan for all employees, providing issue areas and
preliminary recommendations for strategic improvement.
TASK ACTIVITIES
7.1 Identify the compensation philosophy and accompanying
thresholds.
7.2 Using the market salary data collected in Task 6.0, as well as the
classification data reviewed in Task 4.0, create a new pay plan for
the City including number of grades, steps, and ranges, if
appropriate.
7.3 Produce a pay plan for the City that best meets its needs from an
internal equity and external equity standpoint.
KEY PROJECT MILESTONES
• Proposed compensation strategic direction, taking into account
internal and external equity
• Plan for addressing unique, highly competitive positions
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Task 8.0
Conduct Solution
Analysis
TASK GOALS
• Conduct analysis comparing JAT values.
• Survey results for the benchmark positions.
• Produce several possible solutions for implementation.
TASK ACTIVITIES
8.1 Conduct regression analysis or other appropriate techniques to
properly slot each classification into the proposed pay plan.
8.2 Place all classifications into pay grades based on Task Activity 8.1.
Sort alphabetically by job class title, in descending order by range,
and by old class title and new class specifications.
8.3 Create implementation solutions for consideration that take into
account the current position of the organization as well as the
findings from the classification and compensation analysis.
Identify and prepare a range of compensation policy alternatives.
8.4 Discuss with the CPM potential solutions.
8.5 Determine the best solution to meet the City’s needs in the short-
term and long-term.
8.6 Document the accepted solution.
KEY PROJECT MILESTONES
• Initial regression analysis
• Potential solutions
• Documented final solution
Task 9.0
Develop and Submit
Draft and Final
Reports
TASK GOALS
• Develop and submit a draft and final reports of the Classification
and Compensation Study for the City of South Miami.
• Present final report.
TASK ACTIVITIES
9.1 Produce a comprehensive draft report that captures the results
of each previous step. The report will include any detailed costs
associated with all recommendations as well as implementation
strategies.
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9.2 Submit the comprehensive draft report to the CPM for review and
approval.
9.3 Make edits and submit necessary copies of the final report to the
CPM.
9.4 Present the final report.
9.5 Develop implementation database to communicate the process
and progress of this project to the CPM.
9.6 Develop a plan for maintaining recommendations over time.
KEY PROJECT MILESTONES
• Draft and final reports
• Final presentation
• Communication plan
• Implementation and maintenance database
Task 10.0
Develop
Recommendations
for Compensation
Administration
TASK GOALS
• Develop recommendations for the continued administration by the
City’s staff to sustain the recommended compensation and
classification structure.
• Provide training.
TASK ACTIVITIES
10.1 Develop recommendations and guidelines for the continued
administration and maintenance of the classification and
compensation structure, including recommendations and
guidelines related to:
• how employees will move through the pay structure/system as
a result of transfers, promotions, or demotions;
• how to pay employees whose base pay has reached the
maximum of their pay range or value of their position;
• the proper mix of pay and benefits;
• how often to adjust pay scales and survey the market;
• the timing of implementation; and
• how to keep the system fair and competitive over time.
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10.2 Recommend recruitment/retention strategies, where appropriate.
10.3 Present recommendations to the CPM for review.
10.4 Finalize recommendations.
10.5 Provide instructional information/training to Human Resources staff
to ensure that staff can conduct audits/adjustments consistent with
study methods until the next formal study is conducted using
Evergreen’s JobForce Manager tool that will enable Human
Resources staff to estimate future pay plan changes, update
market information, make determinations on reclassifications, and
create new jobs – allowing for streamlining, and an increase in
fairness and transparency of regular compensation and
classification tasks after solution implementation.
KEY PROJECT MILESTONES
• Recommendations for compensation administration
• Recommendations for recruitment/retention policies
Task 11.0
Provide Revised
Class Descriptions
and FLSA
Determinations
TASK GOALS
• Update existing class descriptions.
• Create new class descriptions as needed, ensuring FLSA, EEO/ADA
requirement satisfaction.
• Provide final version of all class descriptions/specifications in
electronic format (i.e., MS Word) after approval by the CPM.
TASK ACTIVITIES
11.1 Assess current class descriptions for form, content, validity, and
ADA compliance.
11.2 Discuss any necessary changes to the class description format
with the CPM.
11.3 Update classification descriptions based on data gathered from
the JAT process and discuss with the CPM.
11.4 Create any new class descriptions based on Evergreen’s proposed
classification structure by leveraging data from the JAT process, if
available. Provide complete listing of the allocation of job classes
to salary range assignments.
11.5 Make FLSA determinations based on work performed and federal
requirements.
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KEY PROJECT MILESTONES
• Updated class descriptions
• New class descriptions as needed
Cost and Timeline
Our total, not-to-exceed, fixed cost to complete all tasks in our detailed work plan is $32,500. Our cost
is all inclusive, and includes travel costs (meals and lodging), transportation, fringe benefits, indirect cost
(overhead), clerical support, and all other out-of-pocket expenses. Our cost includes two onsite visits to
the City to perform the requested work as most of the work can be performed virtually. Evergreen will
conduct the Classification and Compensation Study in four months from the execution of a contract.
This assumes a tentative start date of October 1, 2023, and a completion date of January 31, 2024.
Our preferred method of invoicing is as follows:
• 25% - upon completion of Tasks 1 – 2
• 25% - upon completion of Tasks 3 – 4
• 25% - upon completion of Tasks 5 – 6
• 15% - upon completion of Tasks 7 – 11
• 10% - upon completion of Task 12
We would love the opportunity to work with the City of South Miami. If you have any questions or need
any additional information, please feel free to contact me at (850) 383-0111 or via email at
jeff@consultevergreen.com.
Sincerely,
Dr. Jeffrey Ling, President Evergreen Solutions, LLC
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