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Home My WebLink About2007-097 i CONSULTANT AGREEMENT Between Cody & Associates, Inc. and the Indian River County Board of County Commissioners This agreement is made and entered into this 1 3th day of March 2007, by and between the Indian River County Board of County Commissioners, 1840 25 Street, Vero Beach, Florida 32960 ("Board"), and Cody & Associates, Inc ., with its principal place of business at 305 Jack Drive, Cocoa Beach, Florida 32931 ("Consultant'). WHEREAS, THE COUNTY is desirous of having an outside firm conduct a Classification and Compensation Study: and , WHEREAS, Cody & Associates , Inc., is experienced in this type of study and is able and willing to conduct such a study for the County: including employees of the Board of County Commissioners , Clerk of Courts, Property Appraiser, Tax Collector, Sheriff, and Supervisor of Elections . NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto covenant and agree as follows : I . Consultation Services. The Board hereby retains and engages the Consultant to perform the following services in accordance with terms and conditions set forth in this Agreement: 'Services. Consultant agrees to commit the time. labor and materials that are required to conduct a Classification and Compensation Study and submit a report of the finding to the County, which will include Job Evaluation, Job Description Update, Salary Survey, Fringe Benefit Study and Analysis, Pay Plan Design and Recommendations, Implementation Recommendations and Assistance, and Development of a Final Report and Presentation . Services. County agrees to provide information relating to the Study as required by the Consultant, and authorize access to such records and other related information that may be needed to enable the Consultant to carry out the project. 2 . Term of Agreement. This Agreement will begin March 26, 2007, and will end on July 27, 2007. 'The consultant agrees to provide the compensation analysis within 90 days from the inception of this agreement and the classification study and final report and presentation by the ending date of this agreement. 3 . Pavment to Consultant. The Board will pay the Consultant for services under this Agreement as follows: Services. For the services identified in Section I of this Agreement, the Board shall pay to Consultant the total sum of $71 ,000 within 30 days of completion , to the satisfaction of the County, of the final report, in accordance with the provisions of the Florida Prompt Payment Act. 4 . Hold Harmless. Consultant shall hold harmless the County and representatives thereof from all suits, actions, or claims of any kind brought on account of any injuries or damages sustained by any person or property in consequence of any neglect, or on account of any act or omission by the consultant or its employees or from any claims arising out of contract work. 5 . Independent Contractor. Both the Board and the Consultant agree that the Consultant will act as an independent contractor in the performance of its duties under this Agreement. Accordingly, the Consultant shall be responsible for payment of all taxes, including federal, state, and local taxes, arising out of the Consultant' s activities in accordance with this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required . 6 . Insurance. The Consultant shall provide and maintain during the term of this Agreement, insurance written by a carrier licensed to do business in Florida. The carrier shall be rated A+ VII or better, per Best' s Key Rating Guide . A . Workers ' Compensation . Coverage shall provide statutory limits in compliance with the Workers ' Compensation Law of Florida. This policy must include Employers Liability with a limit of $ 100,000 for each accident, 5500,000 disease (policy limit), and $ 100,000 disease (each employee). 13 . Commercial General Liability. Coverage shall provide minimum limits of liability of $500,000 per occurrence combined single limit for bodily injury and property damage. This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors. C . Business Auto Liability. Coverage shall provide minimum limits of liability of $ 500,000 combined single limit for bodily injury and property damage. This shall include coverage for owned autos, hired autos, and non-owned autos . D. Special Requirements. Ten ( 10) days prior to the commencement of any work under this contract a certificate of insurance will be provided to the Risk Manager for review and approval . The certificate shall provide the following: 1 . Indian River County shall be named additional insured on both the commercial general liability and business auto liability policies. ? . The County will be given thirty (30) days written notice prior to the cancellation or modification of any stipulated insurance . Such notice will be in writing by registered mail, return receipt requested, and addressed to the Risk Manager. 3 . It is the responsibility of the Consultant to ensure that all subcontractors comply with all insurance requirements . 7. Non-Discrimination. Neither party shall unlawfully discriminate in any way as to race, creed, color, religion, age, sex, marital status, disability, or national origin in any respect in carrying out of the terns of this Agreement. All parties agree to comply with applicable provisions of all state and federal anti-discriminatory laws, including, but not limited to, the Civil Rights Act of 1963 , as amended; Section 504 of the Rehabilitation Act of 1973 , as amended; the Age Discrimination in Employment Act, as amended; and the Americans with Disabilities Act of 1990 . 8. Miscellaneous. A . This Agreement may not be changed , modified, or terminated, except by written instruction executed by a duly authorized officer of each of the parties hereto. B . No waiver of either party hereto of any failure or refusal to comply with its obligation shall be deemed a waiver of any other or subsequent failure or refusal to so comply . C . If any term or provisions of this Agreement or the application therefore to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. D. The laws of the State of Florida and applicable laws of the United States of America shall govern this Agreement . Venue of any action in connection herewith shall be in Indian River County, Florida. The prevailing parry shall be entitled to attorney ' s fees and costs. E . I his Agreement shall not be construed against the party who drafted the Agreement. Both parties have sought the necessary legal opinions as to the legal adequacy of the Agreement. F. This Agreement contains all of the terms agreed upon between the parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date set forth above. CODY & ASSOCIATES, INC. INDIAN RIVER COUNTY,, FLORIDA N . E. Pellegrino, S t ' r Partner Gary W] er,paimunif ,7 Approved 14ACC March P3 , 2007 Attest : n Jeffrey K . BBrton, Cler); f Circuit Court By County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency 0211 sep �ounty Administrator