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HomeMy Public PortalAbout20191212AmendedPacket2.pdfMAYOR CITY MANAGER Jason Buelterman Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Wanda Doyle Spec Hosti CITY ATTORNEY Julie Livingston Edward M. Hughes Monty Parks CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org A M E N D E D A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL December 12, 2019 at 7:00 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Executive Session Opening Ceremonies Call to Order Invocation Pledge of Allegiance Recognitions and Proclamations 1. Captain Matt Harrell, Tybee Island Fire Department 2. Jim Kluttz: Letter of appreciation for City Council Support Consideration of the approval of the minutes of the meetings of the Tybee island City Council Consideration of Boards, Commissions and Committee Appointments 3. Main Street Board - Susan Kelleher Invited Guests 4. Eric Hogan: Water/Utility Billing Procedures Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 5. Susan Kimbrell, Update on the property at Polk and Solomon 6. Mallory Pearce, Polk and Solomon 7. Kathryn Williams: North Beach Bar & Grill - Hurricane Matthew Mitigation Consideration of Approval of Consent Agenda 1 12/11/195:00PMjrl Public Hearings 8. Text Amendment: Sec. 4-050 (L) Maritime District To Delete Subsection (L) (1) (L) Passenger Cruise Lines 9. Minutes Planning Commission Meeting 11/18/2019 Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 10. Agenda Request: Alcohol and Entertainment License Requests and Renewals for calendar year 2020 Consideration of Bids, Contracts, Agreements and Expenditures 11. Addendum to Lease Agreement - Tybee Post Theater 12. Out-of-State Travel, Chief Jason Patter and Captain Harrell, Navarra Beach, Florida, January 2020. 13. Travel Request for Kimberly Fickes, Campground Office Supervisor to attend RMS Reservation System User Group Conference in San Diego, CA. Budgeted under 555- 6180-52-3500. 14. 2019-741 Classification and Compensation Study 15. Marine Science Center building and the applicable leases 16. Host Compliance Services Agreement 17. RFP 2019-742: Dune Vegetation and Landscaping Project. Recommend approval of Earth Balance in the amount of $135,893.85 Consideration of Ordinances, Resolutions 18. Resolution: Limewood Drive 19. Consideration of Authorization of GEFA Loan Documents for Solar/Water Treatment Project 20. Second Reading: 2019-16 - Article 3, Section 3-170, Home Occupations and Home Business Offices Council, Officials and City Attorney Considerations and Comments 21. Jason Buelterman: Out-of-state Travel: Shawn Gillen and Shirley Sessions, Washington, DC 22. Jason Buelterman: Solar Project Update 23. John Branigin: Tybee Christmas Parade 24. Barry Brown: Location of mobile classroom space for TIMA in Memorial Park 25. Barry Brown: Memorial Park Pavilion 26. Barry Brown: National Ham Operators Meeting, January 25 - 26, 2020, Memorial Park 27. Spec Hosti: Dedicate new restrooms at Jaycee Park, Bucky Chapin 28. Monty Parks - Budget adjustment for Marsh Hen Trail 29. Monty Parks - Disorderly House Ordinance: Sign ordinance violations for rentals must be addressed within seven working days from receipt of notice from the Marshall 30. Shawn Gillen: South-end Bathroom Design Service 31. Shawn Gillen: Decision on GaDOT, Marsh Hen Trail Grant Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session 2 12/11/195:00PMjrl Adjournment Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” 3 12/11/195:00PMjrl Item Attachment Documents: 2. Jim Kluttz: Letter of appreciation for City Council Support 4 5 12/11/195:00PMjrl Item Attachment Documents: 8. TEXT AMENDMENT: SEC. 4-050 (L) MARITIME DISTRICT TO DELETE SUBSECTION (L) (1) (l) PASSENGER CRUISE LINES 6 M AYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Michael “Spec” Hosti Julie Livingston Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors. Council Meeting Date for Request: 12/12/2019 Item: Text Amendment Explanation: Section 4-050 (L) Maritime District to delete subsection (L) (1) (l) Passenger cruise lines Paper Work: YES Attached Audio/Video Presentation* • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided. Submitted by: Lisa L. Schaaf Phone / Email: Lschaaf@cityoftybee.org Date given to Clerk of Council: 12/05/2019 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org 7 8 9 10 11 12 12/11/195:00PMjrl Item Attachment Documents: 9. MINUTES PLANNING COMMISSION MEETING 11/18/2019 13 PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting MINUTES November 18, 2019 Chair Bishop called the November 18, 2019 Tybee Island Planning Commission meeting to order. Commissioners present were David McNaughton, Charles Matlock, Marianne Bramble, Tina Gann, Ron Bossick and Alan Robertson. Consideration of Minutes: Chair Bishop asked for consideration of the November 18, 2019 minutes. Vice Chair Ron Bossick made a motion to approve. Commissioner Tina Gann seconded. The vote to approve was unanimous with one recusal because of absence. Disclosures/Recusals: Chair Bishop asked if there were any Disclosures or Recusals. There were none. Old Business: Discussion on changing Tybee’s Variance application fee and looking into changing the application based on the Valdosta application. George Shaw stated there are some areas of this revised variance application form that he would change. Starting with some of the wording but overall everything is on track. He stated he would take all of this commission’s recommendations and send back in an email within a week for a look over and then bring the final revision to the December 16th meeting. New Business: Text Amendment: Section 4-050 (L) Maritime District to delete subsection (L)(1)(l) Passenger cruise lines. George Shaw stated this amendment is related to a large boat that sat out by the Lazaretto Bridge for a while and we could only classify it as a passenger cruise vessel. This amendment eliminates that as a use so we will not have that problem come up again. Commissioner Alan Robertson made a motion to approve. Vice Chair Ron Bossick seconded. The vote to approve was unanimous. Lisa L. Schaaf 14 12/11/195:00PMjrl Item Attachment Documents: 10. Agenda Request: Alcohol and Entertainment License Requests and Renewals for calendar year 2020 15 16 17 18 19 20 21 22 12/11/195:00PMjrl Item Attachment Documents: 11. Addendum to Lease Agreement - Tybee Post Theater 23 ADDENDUM TO LEASE AGREEMENT FOR EQUIPMENT AND SERVICES AND CONCERNING TOURISM PRODUCT DEVELOPMENT FUNDS WHEREAS, the City of Tybee Island is a municipal corporation organized under Georgia Law; and WHEREAS, the Friends of the Tybee Theater, Inc., is a non-profit owner and operator of the Post Theater located in the City of Tybee Island; and WHEREAS, through prior transactions the City and the Friends of the Tybee Theater, Inc. (Post Theater) have an agreement concerning the lease of certain video and audio equipment in exchange for rent and event space for the City; and WHEREAS, the City has determined that Post Theater is an appropriate facility to be considered as tourism product development for renovation expansion and operation purposes. WHEREAS, the City of Tybee Island has secured an increase in the hotel/motel tax imposed on lodging providers which provides for the city to receive funds to be used for tourism product development purposes; and WHEREAS, the City is required to budget for the expenditure of tourism product development funds and is subject to audits with regard to the use of such funds; and WHEREAS, this agreement is intended to document that the Post Theater will apply any funds received from the City for tourism product development purposes will be used in accordance with the legal requirements applicable to such expenditures. Now therefore, the parties wish to amend their agreement of February 11, 2016 to correct a typographical error therein and to document the proper expenditure of tourism product development funds as follows: I) Article II of the existing agreement has an error in the omission of the words “days” and therefore Article II is revised in order to state as follows: The term of this lease shall commence on the commencement date specified above and the initial term shall be for five (5) years. Unless one of the parties notifies the other in writing at least sixty (60) days prior to the expiration of the initial term, then this agreement shall automatically renew for one (1) additional five (5) year term. II) In consideration of the City including the Post Theater as a recipient of tourism product development funds as part of hotel/motel taxes, it is agreed as follows: At all times the Post Theater shall use the funds received from the City for tourism product development purposes consistently with the applicable provisions of Georgia law including specifically OCGA 48-13-50.2 and shall submit to audits concerning its receipts and expenditures of the proceeds in connection therewith. It is further agreed that the City 24 undertakes no responsibility of indebtedness of the Post Theater, but rather has agreed, to provide a portion of hotel/motel proceeds for tourism product development purposes to the Post Theater for the benefit of the Post Theater and the City. For purposes of the obligations undertaken in this addendum, the agreement as to the use of tourism product development funds by the Post Theater shall continue in full force and effect for the time period during which the Post Theater receives tourism product development designated funds from the City of Tybee Island, without regard to the termination or expiration of the equipment lease, however, the obligations of the Post Theater as Lessee under ARTICLES III, IX and XVIII shall continue. This ______ day of __________________________. FRIENDS OF THE TYBEE THEATER, INC. By: __________________________ Name: ________________________ Title: _________________________ _____________________Date CITY OF TYBEE ISLAND _____________________________ Jason Buelterman, Mayor _________________ Date _____________________________ Clerk of Council __________________Date APPROVED AS TO FORM: ______________________________ Edward M. Hughes, City Attorney _____________________Date 25 12/11/195:00PMjrl Item Attachment Documents: 13. Travel Request for Kimberly Fickes, Campground Office Supervisor to attend RMS Reservation System User Group Conference in San Diego, CA. Budgeted under 555- 6180-52-3500. 26 BUY A TICKET 11/25/2019 1st Annual RMS User Conference ... Reserve Your Spot Today! CI RIVIS mor The Hospitality Cloud y& Wt stwitect RMS USER CONFERENCE JANUARY 29 - 31, 2020 SAN DIEGO, CA You're invited to join us at the 1st Annual RMS User Conference! Connect with other RV park and campground owners and operators and spend time face-to-face with the RMS team to learn how to get the most out of your reservation management system. This 2-day user conference will include: •A dozen educational software sessions such as: o Generating More Revenue for Your Campground o Reservations: Casting a Wider Net o Best Practices for Guest Communications & Marketing •RMS experts including Sales and Marketing, Account Managers, Trainers and Customer Support •Personalized 1-on-1 training and support •Networking with the RMS team and fellow RMS park customers Space is limited for the 1st Annual RMS User Conference, so reserve your early bird ticket before January 1st, 2020! r /Nig Learn. Connect. Grow. For questions, please email us at hello@rmsnorthamerica.com . Rivis https://rmsn.campaign-view.com/ua/viewinbrowser?od=2d5a885a69b60a9723262b9753840f3641185630859ca1fdO&rd=117968881c30123e&sd=1179... 1/2 CONNECT WITH US! 27 PRINTED NAME & TITLE SIGNATURE FORM 2016-ETAF EMPLOYEE TRAVEL AUTHORIZATION FORM EMPLOYEE NAME: Kim Fickes EMPLOYEE ID 1734 DEPARTMENT Campground DEPARTURE DATE 29-Jan POSITION TITLE Office Supervisor RETURN DATE 31-Jan DESTINATION (City, State/Country) San Diego, CA BUSINESS PURPOSE,Lcheck one): Conference I Legal-Law Enforcement q Meeting q Repair-Maintenance q Training q Economic Development q Legislator q General Expense/other q Shopping q Employee-exchange program q Committee related q EXPLAINATION OF TRAVEL (attach additional information as necessary) Travel for Campground Office Supervisor Kimberly Fickes to attend the RMS User Conference in San Diego, CA. Purpose is to interface with RMS providers and network with other users. Includes education sessions and one on one training and support. EXPENSES Payment Method Est. Cost Airfare q Employee Reimb. I Dept. Prepaid q Third-party $500 Mileage (personal vehicle) Employee Reimb. q Dept. Prepaid q Third-party $28 Rental Vehicle q Employee Reimb. q Dept. Prepaid q Third-party $0 Other Transportation q Employee Reimb. • Dept. Prepaid q Third-party $100 Important: When applicable, complete "Authorization of Employee Expenses to be Paid by a Third-Party Organization EXPENSES Payment Method Est. Cost Lodging q Employee Reimb. 1111 Dept. Prepaid q Third-party $400 Meals Employee Reimb. q Dept. Prepaid Third-party $162 Registration Fee q Employee Reimb. In Dept. Prepaid q Third-party $199 Other Expense q Employee Reimb. U Dept. Prepaid q Third-party $100 TOTAL ESTIMATED COSTS $1,489 EMPLOYEE CERTIFICATION By signing below, I certify the requested travel is appropriate and necessary for conducting official City business, and agree to comply with the City of Tybee Island's Travel Policy. 12/2/2019 SIGNATURE DATE DEPARTMENT HEAD (or Designee) AUTHORIZATION UNAPPROVED E:1DISAPPROVED Jamey Rabun, Cam round Director DATE /1 12/2/2019 ****************************************** * ************ ***** *** * ************************************ CITY MANAGER AUHORIZATION for OUT-OF TOWN OR COUNTRY TRAVEL APPROVED DISAPPROVED SIGNATURE DATE I 28 12/11/195:00PMjrl Item Attachment Documents: 14. 2019-741 Classification and Compensation Study 29 A Proposal to Conduct a Comprehensive Employee Compensation/Classification Study for the City of Tybee Island, Georgia RFP NO. 2019-741 ORIGINAL November 19, 2019 30 A Proposal to Conduct a Comprehensive Employee Compensation/Classification Study for the City of Tybee Island, Georgia Submitted to: Melissa Freeman Tybee Island City Hall 403 Butler Ave. Tybee Island, GA 31328 Submitted by: Evergreen Solutions, LLC 2878 Remington Green Circle Tallahassee, Florida 32308 (850) 383-0111 (ph) / (850) 383-1511 (fax) November 19, 2019 31 32 33 Evergreen Solutions, LLC Table of Contents 1.0 Management Synopsis ............................................................................................... 1-1 2.0 Statement of Methods and Procedures ..................................................................... 2-1 2.1 Project Understanding ......................................................................................... 2-1 2.2 Approach and Methodology ............................................................................... 2-2 2.3 Detailed Work Plan ........................................................................................... 2-12 3.0 Agents and Address ................................................................................................... 3-1 3.1 General Information ............................................................................................ 3-1 3.2 Proposed Project Team ....................................................................................... 3-2 3.3 Key Personnel ...................................................................................................... 3-4 3.4 Select Relevant Experience ................................................................................ 3-6 4.0 Structure and Content of Work Product ..................................................................... 4-1 5.0 Work Schedule ........................................................................................................... 5-1 6.0 References ................................................................................................................. 6-1 6.1 References ........................................................................................................... 6-1 6.2 What Our Clients Are Saying ............................................................................... 6-2 7.0 Cost of Services.......................................................................................................... 7-1 8.0 Other ........................................................................................................................ 8-1 APPENDICES Appendix A: Required Forms Appendix B: Detailed Resumes Appendix C: Sample Report Appendix D: Firm’s Organizational Chart 34 Evergreen Solutions, LLC Section 1.0 Management Synopsis 35 Evergreen Solutions, LLC Page 1-1 1.0 Management Synopsis In this section we provide a synopsis for management review covering the significant features of the proposal, to include overall cost and term of work. Evergreen Solutions understands that the City of Tybee Island is seeking a qualified firm experienced in conducting compensation and classification studies … to evaluate the City’s current pay plans and recommend adjustments which will be completed in two parts: • Part 1: Public Safety Employees Compensation and Classification Study • Part 2: All other Employees Compensation and Classification Study Our firm recognizes that the City’s objectives are to: A. Attract and retain qualified employees. B. Ensure positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills, and abilities are classified together. C. Provide salaries commensurate with assigned duties. D. Clearly outline promotional opportunities and provide recognizable compensation growth. E. Provide justifiable pay differential between individual classes. F. Maintain a competitive position with other comparable government entities and private employers. Our firm will provide frequent updates to the City Manager and HR Director while conducting the study. As required in the RFP, attached is a sample report from a similar study we conducted for the City of Commerce, Georgia, is provided in Appendix C. Our total, not-to-exceed, fixed cost to complete all tasks identified in our detailed work plan is $37,000. This includes up to three trips to the City. Our proposed project team will be able to complete parts one and two of the Comprehensive Employee Compensation/Classification Study for the City in six months of the project start date. 36 Evergreen Solutions, LLC Section 2.0 Statement of Methods and Procedures 37 Evergreen Solutions, LLC Page 2-1 2.0 Statement of Methods and Procedures Evergreen Solutions is well qualified to conduct a Comprehensive Employee Compensation/Classification Study for the City of Tybee Island (City) due to our experience in conducting hundreds of comparable studies for local governments and other public sector organizations across the country. In this section we provide our project understanding, our overall approach, and methodology for performing a Comprehensive Employee Compensation/Classification Study as well as a detailed work plan identifying the tasks, activities, and milestones necessary to accomplish the deliverables included in the Request for Proposal (RFP). As required in the RFP, we have attached a sample report from a similar study conducted for the City of Commerce, Georgia in Appendix C. 2.1 Project Understanding Our firm understands that the goal of the City, as it relates to classification and compensation, is to equitably compensate employees for the work performed on behalf of the City, while recognizing and rewarding those employees who exceed expectations. This should be accomplished with a modern compensation and classification system that is easily managed, not overly complex for employees to understand, and adaptable. The compensation study shall be made in accordance with generally accepted compensation methods and in accordance with applicable federal and state laws. 1. Review the City’s current compensation plan (salary, grade levels and pay ranges), understand current challenges to recruiting and retaining employees and propose recommended strategies of the City. 2. Conduct interviews and/or job audits as appropriate. Interviews and/or job audits may be conducted individually or in groups based upon classification. 3. Review and update current job descriptions to uniformly reflect the distinguishing characteristics, essential job functions, minimum qualifications (education/experience and knowledge/skills/abilities), working conditions (physical demands, work environment, and travel requirements) and certification/licenses/registrations requirements for classifications needed. 4. Identify Officials & Administrators, Professionals, Technicians, Paraprofessionals, Administrative Support, Skilled Craft Workers, and Service employees, including Fair Labor Standards Act (FLSA) status (exempt/non-exempt.). 5. Identify and recommend a consistent and competitive market position that the City can strive to maintain. 38 Evergreen Solutions, LLC Page 2-2 6. Recommend comparable labor markets, including both private and public sector employers for the compensation survey. The City requires final approval of the labor markets to be included in the study. 7. Develop and conduct a comprehensive compensation survey. 8. Recommend appropriate salary range for each position based on the classification plan, the compensation survey results, and internal relationships and equity. The consultant will prepare a new salary structure based on results of the survey and best practices. 9. Develop guidelines to assist the City staff with determining the starting pay for new employees based on knowledge and experience above minimum requirements of the position, how difficult the position is to fill, and market competitiveness. 10. Identify career ladders/promotional opportunities as deemed appropriate. 11. Recommend implementation strategies including calculating the cost of implementing the plan. 12. Identify any extreme current individual or group compensation inequities, and provide a recommended corrective action plan and process to remedy the situation. 13. Make recommendations and provide implementation strategies related to other key compensation practices based on market demand, including pay for performance, skill pay, certification pay, bilingual pay, promotional pay, and acting assignment pay. 14. Develop and provide a straightforward, easily understood, maintenance system that can be used to keep the classification system updated and equitable. 15. Provide system documentation and computer software formats to administer the plan 16. Conduct comprehensive training for Human Resources to ensure the staff can explain and administer the new system in the future. The training program should be clearly spelled out in the proposal. 17. Provide an appeals process for a period of time after the plan is implemented. 2.2 Approach and Methodology Evergreen Solutions is uniquely qualified to conduct a Comprehensive Employee Compensation/Classification Study for the City of Tybee Island (City) as our team includes recognized experts in local government human resources management and understands that there is not a “one size fits 39 Evergreen Solutions, LLC Page 2-3 all” solution to compensation management. Our approach is built on working collaboratively with all parties to make sound, implementation- focused recommendations. Specifically, we have developed a methodology that: • focuses on market competitiveness; • is based on the organization’s compensation philosophy; • recognizes that compensation is comprised of more than just base pay levels; • reflects changes in recent compensation strategies; • designs custom solutions that take into account the diversity of needs present in the organization and allows you to select the components and options that best meet your overall needs; and • produces a structure that improves the organization’s ability to recruit, reward, motivate, and retain talent in a competitive environment that includes both public and private sector employers. We will work closely with the City’s designated Project Manager (CPM) throughout the process to ensure constant communication of issues, concerns, and potential outcomes. Our consultants work closely with your staff to gain a solid understanding of your current operational realities, challenges, and desired outcomes. Moreover, Evergreen Solutions will work with you to balance the needs of the City and meet its performance goals while carefully managing the organization’s resources. Compensation management has undergone significant transformation in the private sector and over time public sector organizations have mirrored these changes. While compensation once centered on the separate administration of base pay and core benefits, a shift has occurred that has transformed compensation management. Progressive organizations now recognize that to effectively recruit, reward, motivate, and retain employees, compensation management requires strategic thinking and planning. Compensation management must support an organization’s overall strategic direction. To accomplish this, effective organizations design a compensation philosophy that details where an organization wants to be in relation to the market in key areas. These key areas include cash compensation, benefits, and work/life balance. Compensation is thus a reflection of the organization’s philosophy. Evergreen Solutions realizes that we will need to tailor our approach to fit the operating, fiscal, and competitive needs of the organization. Recommendations must always reflect competitive needs while supporting the organization’s overall mission. 40 Evergreen Solutions, LLC Page 2-4 Listed below is an overview of the typically recommended approach that Evergreen takes when conducting a study of this nature. Kick Off Meeting Evergreen Solutions begins each engagement by meeting with our client’s leadership team. Frequently, this initial meeting will accomplish several goals, including: • finalizing the project work plan; • identifying milestone and deliverable dates; • gaining insight into the management structure and approach; • collecting classification and compensation data; • identifying additional data needs; and • developing preliminary schedules for subsequent tasks. At this time, we will also request a copy of the employee database that reflects current classification and compensation data. Communication Plan Communication is a critical component of any Comprehensive Employee Compensation/Classification Study. Communicating with employees directly and early in the process builds support for the process and the accompanying outcomes. As part of our communication plan, we meet first with key project staff to fully understand the nature and scope of the project. The results of these meetings are then communicated to employees during the project outreach through employee orientation sessions, focus groups, and interviews. Regular updates are provided to the client’s CPM and can be posted on the client’s intranet site, if available and desired. Additionally, the communication plan for the distribution of the end product, particularly how the results will be distributed to employees, is also critical. Employee Orientation and Focus Groups Based on client feedback and a review of best practices, we have designed an orientation curriculum that provides employees insight into the process as well as provides a forum for answering questions and soliciting participation. Following the orientation sessions, we begin the focus group process. Focus groups are used to gain detailed insight into employee perceptions, concerns, and issues. The protocol for the sessions is provided to your project team in advance and refined to meet your needs. We have found that employee orientation sessions and focus groups are critical venues for building employee participation and buy-in. Since they take place at the outset of the project, they are a critical introduction to the project and the question and answer formats allow employees to become engaged in the process. During these sessions, Evergreen Solutions consultants can also help to manage expectations since some employees may have unrealistic expectations based on anecdotal information. Department Head Interviews Evergreen Solutions staff conduct one-on-one interviews with department heads and/or senior management (in addition to any other employees the client determines is necessary) to identify challenges for 41 Evergreen Solutions, LLC Page 2-5 consideration. These interviews will allow our staff to add details to our understanding of the organization and its needs. They also allow our consultants the opportunity to better understand the organizational structure of each department as well as the unique recruiting and retention issues that may be present in each department. Frequently, department directors and senior management serve as invaluable resources in explaining how internal equity relationships have evolved over time and explaining the nuances between the differences in jobs. Job Assessment Tool and Management Issue Tool Another important activity undertaken at this time is the distribution of Evergreen Solutions’ Job Assessment Tool© (JAT). These questionnaires are central components of the job evaluation process. The JAT asks a series of questions regarding an employee’s job that captures the nature of the job and how it interacts with work within the organization. The JAT contains questions that ask about each of the following areas: • scope of duties; • complexity of work; • supervision received and exercised; • physical requirements; • financial responsibilities; • analytical/mental requirements; • knowledge and skills required for the job; and • level of responsibility/reporting relationships. Evergreen Solutions will contact the client’s CPM should there be a need to clarify question responses or issues with information collected from the JAT. Due to budgetary constraints faced by many of our clients, we have designed the JAT as a web-based tool so that data can be collected electronically. If requested, we can also provide a paper-based version of the tool. Exhibit 2-1 below depicts a screenshot of the JAT home screen showing the levels of access for a supervisor. All supervisors have access to their own surveys in addition to the ability to review and approve the surveys of their direct reports. The supervisor review process ensures validation of the JAT data collected from employees and prevents comments made by employees from being taken out of context. 42 Evergreen Solutions, LLC Page 2-6 Exhibit 2-1 Supervisor’s JAT Home Screen Welcome to the Job Assessment Tool! Logout Source: Evergreen Solutions, 2019 Exhibit 2-2 illustrates how Evergreen Solutions uses the JAT to collect functional details of employee’s jobs. Seeking to understand how employees summarize their responsibilities in their own words allows our analysis to expand beyond what may be conveyed in a traditional job description. An informal survey of municipal employees revealed that 90 percent felt that the job descriptions held on file with their employers were inaccurate or incomplete representations of their duties. Understanding this, Evergreen Solutions designed the JAT to fill in those gaps to ensure that the entirety of an employee’s job is analyzed within the context of the study. 43 Evergreen Solutions, LLC Page 2-7 Exhibit 2-2 Job Description and Responsibilities Basic Job Information Basic Job-Related Information Logout Source: Evergreen Solutions, 2019 Exhibit 2-3 shows a similar page in which employees are asked to list the Essential Functions of their job. These are the tasks and activities that define the classification and make it unique. Gathering information such as this allows Evergreen Solutions to assess the validity of the present classification structure and identify classifications or individuals within classifications that need to be restructured or reclassified. 44 Evergreen Solutions, LLC Page 2-8 Exhibit 2-3 Job Functions (Continued) Basic Job Information Essential Job Functions Logout Source: Evergreen Solutions, 2019 In addition to the JAT, Evergreen will also distribute our Management Issues Tool (MIT). The MIT is distributed to supervisors and managers and is used to collect specific information from supervisors and managers related to such issues as recruitment and retention problems, classification issues, pay equity issues, problems with titles, and other related issues. Each MIT will be logged and a specific response will be provided. The MIT process is designed to allow supervisors and managers to give direct input into the process and they serve as “red flags” to Evergreen Solutions staff during the analysis portion of the project. Job Evaluation The next step in the process is to review responses to the JATs and identify any possible misclassifications. Once the review of the JATs has been completed, Evergreen’s consultants will evaluate all jobs on each of the compensatory factors, score each position, and determine if there is 45 Evergreen Solutions, LLC Page 2-9 any need for further investigation of specific positions. If serious discrepancies exist, Evergreen’s consultants will work directly with the CPM to resolve any issues. Once work has been properly classified, changes in the current classification system rankings can be recommended. Our goal is to produce a classification system that reflects the internal equity relationships suggested by the JAT scoring conducted earlier. Compensation Our approach to pay plan analysis is based on the belief that compensation should be organization-specific, fair, equitable, and directly tied to strategic goals. To ensure that all these criteria are met, we will conduct an extensive analysis on the relevant labor market, the internal structure and inter-relatedness of jobs within the organization, and the relative worth of jobs within the organization vis-à-vis the compensation philosophy. The most traditional component of a total compensation program is base pay (fixed pay). However, inclusion of benefits in total compensation strategy is not a new concept. Provision of benefits was originally a recruitment tool, though over time the provision of core benefits has become an expectation. Research shows that public sector organizations commonly use superior benefits packages as a way to offset structural disadvantages in base pay. The purpose of the survey is to collect information for comparison to current offerings, and making recommendations for change consistent with the parameters of the organization’s compensation philosophy. Market Survey A key component of assessing compensation is to consider market position, which is sometimes referred to as external equity or competitiveness. Evergreen’s consultants wait until well into the classification analysis to design the market survey to ensure that jobs are understood, anomalies in classification characteristics are documented, and sufficient input has been received. The market survey will obtain standard range information related to minimum, midpoint, and maximum salaries. Data collection will focus on the public sector, but will include information from the private sector where applicable. Further, we will look to include any employers to whom the organization has recently lost employees. Benchmarks One of the most important components of the external assessment is in the selection and utilization of benchmark positions for the labor market survey of salary. We will work with the client to identify the appropriate number of benchmark positions to best suit the client’s needs in the labor market survey. Based on our experience, we have found that it is simply not practical to survey all positions within the organizationthe resulting surveys become too cumbersome for labor market peers to complete, and the response rate on the whole suffers. We ensure, through multiple checks and balances, that the benchmark positions chosen will represent a broad spectrum of positions across the organization, from all job families, pay levels, and functional areas. 46 Evergreen Solutions, LLC Page 2-10 Targets To conduct an external labor market assessment we work with the client to identify the most appropriate targets to survey. Evergreen selects peer organizations based on the local labor competition, regional markets, and class-specific markets. Peer organizations should be those organizations that compete with the client for labor in at least one job family. An appropriate mix of peers in the public and private sectors will be included in the survey, and if necessary, augmented with published secondary data sources. Typically, Evergreen waits until the outreach process has been completed to identify the complete list of market peers. This is because we often will uncover specific information during the focus group and interview sessions that identifies potentially critical survey targets. Ideally, we would like to work with the client after the outreach has been concluded to identify the final list of potential market peers. An important factor of our methodology is that the client has the final approval of all aspects of the study. We will not proceed with the analysis unless the client is completely comfortable with the survey targets chosen. Often, there are different factors impacting an organization, such as proximity to a major metropolitan area, technology corridor, or specific market (i.e., military base), that have a direct effect on its ability to recruit and retain employees in specific positions. These factors have to be taken into account when selecting survey targets. Once the targets are selected and approved, the survey instrument is developed and sent to the client for final approval. Subsequent to client approval, the survey is then distributed to the targets in both paper and electronic formats. Evergreen Solutions uses a four-fold method of communicating with respondents. Our staff notifies the target group that the survey is being sent or made available, confirms receipt, and encourages participation. Once the data are received, they are cleaned, validated, and summarized. A separate report is issued that shows the results of the salary survey. Unifying the Solution After determining the appropriate division of work and market position, the compensation structure can be created. There is not a single, perfect solution for every client partner. The nuances and unique characteristics of each client necessitate a customized solution to best meet the organization’s needs. The Evergreen Team has considerable experience in developing multiple solutions and working with client partners to determine the one that best meets their needs. Our analytical team uses a variety of tools to produce various potential solutions: regression analysis, market thresholds, and other human resource models. Several major options are presented to the client’s team before the implementation plan is created. It is at this stage in the process that we typically meet with the client to identify the direction of the final solution. We will present to the client a 47 Evergreen Solutions, LLC Page 2-11 draft report for review and comment. We typically ask the client to examine the draft solution objectively and provide insights and recommendations on the direction of the report. When this process is completed, Evergreen’s consultants will proceed with the final solution. The solution also contains information regarding fiscal impact and implementation. Compensation Administration Guidelines In order for clients to maintain the recommended compensation system, Evergreen develops compensation administration guidelines for use by the client after completion of the study. The guidelines will include recommendations on installation and continuing administration of the system. The team first conducts a review of current practices and procedures then assesses their effectiveness, compliance with legal guidelines, and applicability to the recommended system. Once this review and assessment are complete, revisions to the current practices and/or new guidelines can be recommended, as needed. At a minimum, the recommendations will address areas such as: • 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; • how often to adjust pay scales and survey the market; • timing of implementation; and • how to keep the system fair and competitive over time. System Maintenance Our goal is to produce recommendations that are effective and that can be maintained by our clients. We are strongly committed to providing transparent and replicable solutions. In essence, when we complete our core assignment, our goal is that our client’s staff can maintain and update the system on their own. We are readily available to provide assistance, but our goal is to give our clients all the tools and training that are needed. Towards this end we will provide the Human Resources Department with all necessary tools and training to maintain the system over time. Based on client needs and industry best practices, Evergreen Solutions has developed a compensation and classification maintenance tool to assist our clients with implementing, managing, and updating the solutions: JobForce Manager. This tool allows our clients to estimate future pay scale changes, update market information, make determinations on reclassifications, and create new jobs. By automating these tasks, JobForce Manager allows our clients to not only streamline, but also increase the fairness and transparency of regular compensation and classifications tasks after solution implementation. 48 Evergreen Solutions, LLC Page 2-12 Exhibit 2-4 displays the interface from JobForce Manager for determining a position’s pay grade; additional features include a job scoring tabulation sheet, market survey results database and summary report, pay scale report, and employee salary calculators for modeling fiscal impacts of compensation changes at the employee level. All data and reports are downloadable and printable, so they can be pulled at any time and provided to key decision makers. Exhibit 2-4 JobForce Manager Tool Source: Evergreen Solutions, 2019 49 Evergreen Solutions, LLC Page 2-13 2.3 Detailed Work Plan Evergreen has provided a detailed work plan to conduct the Comprehensive Employee Compensation/Classification Study for the City in this section. Evergreen understands that the City has approximately 120 full-time employees, 15 part-time employees and approximately 60 seasonal positions who will be included in the study. Our work plan consists of the following 12 tasks: Task 1: Project Initiation Task 2: Evaluate the Current System Task 3: Collect and Review Current Environment Data Task 4: Evaluate and Build Projected Classification Plan Task 5: Identify List of Market Survey Benchmarks and Approved List of Targets Task 6: Conduct a Market Salary Survey and Provide External Assessment Summary Task 7: Strategic Positioning Recommendations Task 8: Conduct Solution Analysis Task 9: Develop and Submit Draft and Final Reports Task 10: Develop and Administer an Employee Appeals Process Task 11: Develop Recommendations for Compensation Administration Task 12: Provide Revised Class Descriptions and FLSA Determinations Task 1.0 Project Initiation TASK GOALS • Finalize the project plan with the City. • Gather all pertinent data. • Finalize any remaining contractual negotiations. • Establish an agreeable final time line for overall process, milestones, and deliverables. • Conduct an initial meeting. TASK ACTIVITIES 1.1 Discuss with the CPM and any other staff the following objectives: • understand the City’s objectives for this project, 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 process and timeline for the project including all assignments and project milestones/deliverables, 50 Evergreen Solutions, LLC Page 2-14 beginning and end dates for each phase and additional meetings; • 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 scale will reinforce current and future goals. 1.3 Obtain relevant materials, including: • related background documents; • 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, and 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 Schedule and conduct initial meeting with the City Manager, HR Director, and the City’s Senior Management Team, as necessary, to assure an understanding of project objectives. KEY PROJECT MILESTONES • Comprehensive project management plan • Comprehensive database of City employees • Initial meeting Task 2.0 Evaluate the Current System TASK GOALS • Conduct a comprehensive preliminary evaluation of the City’s current pay scale and existing classification plan. • Review related background documents. 51 Evergreen Solutions, LLC Page 2-15 TASK ACTIVITIES 2.1 Obtain the existing pay structure and compensation philosophy for the City. Look for potential problems and issues to be resolved. Review related background documents, including the current pay scale with associated cost of living adjustments and the existing classification system. 2.2 Review the grouping of current classifications with the job analysis and provide recommendations of any changes. 2.3 Determine the strengths and weaknesses of the current pay scales for the City and review current pay grades and identify any pay compression issues that need to be addressed. 2.4 Complete an assessment of current conditions that details the pros and cons of the current system for the City as well as highlights areas for potential improvement in the final adopted solution. KEY PROJECT MILESTONES • Review of existing compensation plan(s) • Review related background documents • 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. • Conduct orientation sessions. • Perform job analysis TASK ACTIVITIES 3.1 Schedule and conduct City employee orientation sessions to describe the scope of work and methodology. 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. 52 Evergreen Solutions, LLC Page 2-16 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 Management Issues Tool/(MIT). Our staff utilizes a web- based tool for data collection. Paper copies can be provided 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. 3.6 Review internal career ladders/promotional opportunities and make recommendations as appropriate. KEY PROJECT MILESTONES • JAT and MIT distribution • Department head interviews • Employee focus groups and orientation sessions Task 4.0 Evaluate and Build Projected Classification Plan TASK GOALS • Identify the classification of existing positions utilizing Evergreen’s job evaluation system. • Review JAT responses. • Characterize internal equity relationships within the City. TASK ACTIVITIES 4.1 Review all draft class specifications with the CPM. 4.2 Review the work performed by each classification and score. Include an evaluation of supervisory comments. 4.3 Review JAT scores and identify the classification of positions. Review and perform job analysis for each job in the City, utilizing specific duties in the class descriptions, questionnaires, interviews, and on-site observation and score. Include an evaluation of supervisory comments. 4.4 Schedule and conduct additional follow up interviews, as needed, with employees for jobs where uncertainty exists over data obtained from the JATs. 53 Evergreen Solutions, LLC Page 2-17 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 and spacing between jobs would be determined. Classification groups will contain jobs with similar duties performed, knowledge, skills, abilities, and minimum qualifications required. 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 • Reach an appropriate number and identify the proper benchmark positions for the external labor market assessment of salary. • Identify and develop a comprehensive list of targets for conducting a successful external labor market assessment of salary. TASK ACTIVITIES 5.1 Identify the list of classifications (benchmarks) to include in the labor market assessment, taking into consideration geographic applicability, specific job comparability, and departmental structure. Note: Evergreen will work with the CPM to select up to 60 classifications to use as benchmarks for the salary survey. 5.2 Finalize the list of positions with the CPM. 5.3 For each employee group review with the CPM peer organizations, including both public and private sector employers, to use as targets for the salary survey. Note: Evergreen will work with the CPM to select up to 20 targets for the salary survey. 5.4 Develop a preliminary list of organizations for the external labor market survey of salary, placing a comparative emphasis on characteristics such as: • size of the organization; 54 Evergreen Solutions, LLC Page 2-18 • geographic proximity to Tybee Island and Chatham County 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 • Final list of benchmark positions for the external labor market assessment of salary • Initial list of survey peers • Survey methodology • Final list of survey organizations and contacts Task 6.0 Conduct a 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 questions and categories for the market survey. 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. 6.4 Collect and enter survey results into Evergreen’s electronic data analysis tools. 6.5 Validate all data submitted. 6.6 Develop summary report of external labor market assessment results. 55 Evergreen Solutions, LLC Page 2-19 6.7 Submit summary report of external labor market assessment results to the CPM. KEY PROJECT MILESTONES • Market survey instrument • Summary report of external labor market assessment results Task 7.0 Develop Strategic Positioning Recommendations TASK GOALS • Assess the appropriateness of the City’s existing compensation philosophy • Propose changes to the overall pay scale based on the results of the external labor market wage and benefits survey. • Develop a plan for all employees, providing issue areas and preliminary recommendations for strategic improvement. TASK ACTIVITIES 7.1 Identify the accepted compensation philosophy and accompanying thresholds. 7.2 Using the market salary data collected in Task 5.0, and the classification data reviewed in Task 4.0, as well as internal equity (with proper consideration of the financial condition of the jurisdiction), review each classification for appropriate assignment and determine the proper pay scale including number of grades, steps, and ranges. 7.3 Identify highly competitive positions within the City and customize recommendations for compensation where required. 7.4 Produce a pay scale(s) that best meets the needs of the City 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 Task 8.0 Conduct Solution Analysis TASK GOALS • Conduct analysis comparing classification values. 56 Evergreen Solutions, LLC Page 2-20 • Survey results for the benchmark positions. • Propose several possible changes for implementation. TASK ACTIVITIES 8.1 Conduct regression analysis or other appropriate techniques to properly slot each classification into the proposed pay scale. 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 Propose changes for consideration to the overall pay scale that take into consideration geographic applicability, specific job comparability, and departmental structure; as well as the findings from the Classification, Pay and Benefits Analysis. Identify and prepare a range of compensation policy alternatives. 8.4 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 ad prepare a range of compensation policy alternatives. Provide recommendations as to which implementation solutions may be utilized individually and which should only be adopted as a package. 8.5 Meet with the CPM to discuss the proposed potential changes to the overall pay scale. 8.6 Determine the best solution to meet the City’s needs in the short- term and long-term. 8.7 Document the accepted solution. KEY PROJECT MILESTONES • Initial regression analysis • Potential changes • Documented final solution Task 9.0 Develop and Submit Draft and Final Reports TASK GOALS • Develop and submit a draft and final report of the Comprehensive Employee Compensation/Classification Study to the CPM. • Prepare the Final Report. • Presentation of Final Report. 57 Evergreen Solutions, LLC Page 2-21 TASK ACTIVITIES 9.1 Produce a comprehensive draft report that outlines the methodology and documents the results of each previous step including all market research, and consultant recommendations. Note: The draft report for Part 1 of this study (Public Safety employees) will be delivered by January 31, 2020. The draft report for Part 2 of this study (all other City employees) will be delivered by May 1, 2020. 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. Note: The Final Report for Part 1 of this study (Public Safety employees) will be delivered by March 2, 2020. The Final Report for Part 2 of this study (all other City employees) will be delivered by June 1, 2020. 9.4 Develop a plan for maintaining recommendations over time. 9.5 Make a presentation of the Final Report to the city Council. KEY PROJECT MILESTONES • Draft and final reports • Final presentation • Implementation and maintenance database Task 10.0 Develop and Administer an Employee Appeals Process TASK GOAL • Conduct employee classification appeals. TASK ACTIVITIES 10.1 Discuss with CPM the methodology and approach for an employee classification appeals process. 10.2 Determine timeline for submission of and determination of appeals. 10.3 Conduct appeals process. 10.4 Design communication tool to inform employees of appeals determination. 10.5 Based on outcome of appeals, incorporate updates in draft and final reports. 58 Evergreen Solutions, LLC Page 2-22 KEY PROJECT MILESTONES • Create appeals process, methodology, and final determinations • Communications plan post appeals determinations Task 11.0 Develop Recommendations for Compensation Administration TASK GOAL • Develop recommendations for a maintenance program so administration by City staff may sustain the recommended compensation and classification system. TASK ACTIVITIES 11.1 Develop recommendations and guidelines for continued administration and maintenance of the classification and compensation system, 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; • 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. 11.2 Recommend recruitment/retention strategies, where appropriate. 11.3 Present recommendations to the CPM for review. 11.4 Finalize recommendations. 11.5 Provide instructional information/documentation and training to Human Resources staff to ensure that staff can conduct audits/adjustments consistent with study methods until the next formal study is conducted. KEY PROJECT MILESTONES • Recommendations for compensation administration • Recommendations for recruitment/retention policies • Training 59 Evergreen Solutions, LLC Page 2-23 Task 12.0 Provide Revised Class Descriptions and FLSA Determinations TASK GOALS • Recommend new job descriptions for positions without current descriptions. • Update existing class descriptions. • Create new class descriptions as needed, ensuring FLSA and ADA requirement satisfaction. • Provide final version of all class descriptions/specifications in electronic format (i.e., MS Word). TASK ACTIVITIES 12.1 Assess current class descriptions for form, content, validity, and ADA compliance. Recommend new written job descriptions with the CPM. Assist in preparing written job descriptions for each specific job within the classifications, based. 12.2 Revise classification descriptions based on data gathered from the JAT process. 12.3 Create new class descriptions for new classifications, as needed. Provide complete listing of the allocation of job classes to salary range assignments. 12.4 Make FLSA determinations based on work performed and federal requirements. 12.5 Recommend a systematic, regular process for reviewing job descriptions. 12.6 Provide final version of all class descriptions/specifications in electronic format (i.e., MS Word) after approval by the CPM. KEY PROJECT MILESTONES • Updated class descriptions • New class descriptions as needed 60 Evergreen Solutions, LLC Section 3.0 Agents and Address 61 Evergreen Solutions, LLC Page 3-1 3.0 Agents and Address In this section we provide a brief description of our firm’s organization and services, the qualifications of the staff members we propose for the project team to conduct the Comprehensive Employee Compensation/Classification Study for the City of Tybee Island (City), and a list of similar projects we have conducted or are currently on contract to conduct. 3.1 General Information Evergreen Solutions, LLC is a national, multidisciplinary, public sector management consulting firm, which specializes in working with public sector organizations, including hundreds of local governments, across the nation. Our office is located at 2878 Remington Green Circle, Tallahassee, FL 32308. Our office may be reached via phone at (850) 383-0111 or via email at Jeff@ConsultEvergreen.com. As noted in our cover letter, Jeff Ling, Executive Vice President for our firm has authority to bind our firm to this proposal. His signature is included on the cover letter. We provide a unique approach, rather than the “consulting as usual” method, by partnering with our clients to find innovative, real world solutions to public management. Formed in 2004 to provide a modern, practical alternative to the typical consulting options. Evergreen Solutions is made up of management and information technology professionals as well as strategic partners who came together to form an innovative alternative that places clients and their needs before any individual, model, or corporate goal. Evergreen’s philosophy is based on an understanding that there is not a “one size that fits all” solution to compensation management. Our approach is built on working collaboratively with all parties to make sound, implementation-focused recommendations. Our main focus is on people, management, and technology. This focus allows our team to provide a broad variety of services, including, but not limited to: pay study and analyses; compensation studies; classification studies; salary and benefits surveys; performance appraisal reviews; workload analyses; staffing studies; workload analyses; disparity studies; training assessments; and strategic planning. Evergreen Solutions was founded with the intent of offering public sector leaders an alternative to the “business as usual” consulting approach. We assists public sector professionals in exercising control over the inter-related elements that determine success or failure. We accomplish this by applying a situation-responsive discipline that emphasizes:  full visibility into the entire organization through research and discovery; 62 Evergreen Solutions, LLC Page 3-2  a spirit of partnership with local government staff and leadership;  sound recommendations based on best practices and proven methods; and  a practical go-forward plan that leads to quantifiable results. Collectively, the members of the Evergreen Solutions Team have:  extensive experience in conducting pay study and analyses for local governments and other public sector organizations throughout the country;  comprehensive experience in all components vital to the successful completion of this engagement;  knowledge of relevant Georgia statutes and regulations as well as federal regulations;  objectivity and flexibility due to the fact that we have no vested interests; and  specialized analytical tools that we bring to the project. We invite you to browse our Web site at www.ConsultEvergreen.com or visit us on Facebook at www.facebook.com or LinkedIn at www.linkedin.com for more information about our services, staff, and past experience. 3.2 Proposed Project Team Exhibit 3-1 reflects our proposed project management team and personnel assignments. The structure has been designed to clearly define the roles and responsibilities of each part of the Comprehensive Employee Compensation/Classification Study so that there will be no confusion as to who is responsible for any aspect of this engagement with City. 63 Evergreen Solutions, LLC Page 3-3 Exhibit 3-1 Proposed Project Management Organization and Personnel Assignments EVERGREEN SOLUTIONS Project Principal Dr. Jeff Ling, CCP EVERGREEN SOLUTIONS Project Director Ms. Nancy Berkley CITY OF TYBEE ISLAND, GA to be determined EVERGREEN SOLUTIONS Project Consultants Mr. Samuel Wilburn Dr. Angele Yazbec City of Tybee Island Project Manager. With each project engagement, we work with the client to identify one specific point of contact to serve as a Project Manager. The City’s Project Manager (CPM) will be our reference point throughout the engagement. We will take project direction, leadership, and guidance from the CPM and all project deliverables will be filtered through the CPM throughout the duration of the project. Evergreen Solutions’ Project Principal. Our Project Principal will have ultimate accountability for the success of this project. Evergreen Solutions’ Project Principal is always a senior leader in our firm, most often a Vice President or higher. The Project Principal will have contractual authority over the contract, and will be our top level of project responsibility. Evergreen Solutions’ Project Director (Project Manager). Evergreen Solutions designates a Project Director for each HR consulting project – identified as the Project Manager in the City’s RFP. The Project Director will work with the Project Principal regarding the scheduling of the project with the CPM. The Project Director will have the most frequent contact with the City and will assign project activities to the Project Consultants, and will ensure that deliverables are met within specified timelines. 64 Evergreen Solutions, LLC Page 3-4 Evergreen Solutions’ Project Consultants. Our Project Consultants are a team of consultants who have worked together on numerous projects, and who will provide consulting and analytical work on all project activities. The Project Consultants will, review pay plans, collect the data for the salary survey, review and revise job descriptions, and prepare draft and final reports. Consultant Team Members must be thoroughly knowledgeable in the portion of the project they are responsible for, as well as have expertise in the issues that are unique to each individual client. Our firm is proposing an exceptional team of consultants who have worked together on many similar projects. We always make sure each project is sufficiently staffed to handle any additional tasks or unforeseen issues that may arise during the course of the study. The combination of our individual knowledge and skills form a superior team who will be able to competently perform all of the pieces of the Comprehensive Employee Compensation/Classification Study for the City. 3.3 Key Personnel The following paragraphs provide summaries of each team member’s qualifications and experience related to his/her role in this engagement. Detailed resumes are included in Appendix B. As required in the RFP, an organizational chart for our entire firm is provided in Appendix D. Project Principal Dr. Jeff Ling Dr. Ling is Executive Vice-President of Evergreen Solutions and has been with the firm since its inception. He is a Certified Compensation Professional (CCP) who has more than 26 years consulting experience in the following areas: human resources; performance improvement; process analysis; strategic planning; statistical analysis; research methodology; data management; surveys and polling; technology analysis; change management; and risk analysis. Dr. Ling has planned, organized, and managed studies on human resources assessment, survey analysis, government efficiency, technology planning, information utilization, public opinion, market expansion, and privatization. Each of these studies dealt with summarizing major alternatives for decision makers and providing viable recommendations. He has consulting experience in public sector Evaluation, research management, efficiency analysis, survey analysis, statistical modeling, and technology planning. Dr. Ling has worked with a multitude of clients in the capacity of Project Principal. He has worked on hundreds of engagements across the nation and includes work in state and local governments, school districts, institutions of higher education, quasi-governmental agencies, and private industry. Dr. Ling has been instrumental in creating, reviewing, and evaluating the methodology employed by Evergreen Solutions on all human resource engagements. His background and skill set make him uniquely qualified for assessing organizational critical needs and strategy. He is also an expert in policy development and long-term planning. 65 Evergreen Solutions, LLC Page 3-5 Some of the local government clients that he has worked with, or is currently on contract to work with, include: City of Austin, TX; City of Gonzales, TX; City of Fate, TX; City of Farmers Branch, TX; City of Sunset Valley, TX; City of Fredericksburg, TX; City of Rowlett, TX; City of Pflugerville, TX; City of Duncanville, TX; City of Amarillo, TX; City of Mont Belvieu, TX; Town of Little Elm, TX; Denton County, TX; Travis County, TX; City of Santa Fe, NM; City of Carlsbad, NM; Town of Sahuarita, AZ; Town of Gilbert, AZ; City of Reno, NV; City of Fountain, CO; and many others. Dr. Ling holds a Doctorate’s Degree from Florida State University in Political Science and has taught courses addressing research methodology, statistical analysis, technological innovations, and political economy at various universities. Project Director Ms. Nancy Berkley Ms. Berkley is a Manager who has been with Evergreen for more than six years. She has over 30 years human resources experience demonstrating a thorough knowledge of multiple HR disciplines including, recruiting and staffing, workforce planning and retention, on- boarding, compensation and benefits, employee and labor relations, employee leave administration, voluntary and in-voluntary employee separations, performance management, employee surveys, organizational design and development, organization effectiveness, employee learning, training, and development, employee records administration and retention, and awards and recognition programs. She has consistently enhanced organizational capability by integrating HR with strategic business planning, development and assessment. She has provided individualized executive coaching and led HR team development and high-performance teams. She has led corporate change initiatives and built talent-rich organizations by strengthening people and integrating processes and has directed human resources in high-volume, transactional service organizations and high-level, consulting organizations. She has excellent conflict resolution, negotiation, and influencing skills. Recent public sector projects that Ms. Berkley has directed or served on the Evergreen Team include: City of Rowlett, TX; City of Pflugerville, TX; City of Farmers Branch, TX; City of Buda, TX; City of Conroe, TX; Town of Little Elm, TX; Brazoria County, TX; City of Page, AZ; Sedgwick County, KS; Jefferson County, MO; Lee County Commission, AL; City of Alpharetta, GA; City of Brookhaven, GA; City of Commerce, GA; City of Woodstock, GA; City of Stockbridge, GA: City of Dalton, GA; City of Tybee Island, GA; City of Garden City, GA; and many others. Project Consultant Mr. Samuel Wilburn Mr. Samuel Wilburn is a Consultant with Evergreen and is a former engineer who possesses a strong background in qualitative and quantitative analysis at the professional level. He is able to apply his knowledge and skills as a Consultant for Evergreen through various functions including: conducting market research and collecting compensation data, utilizing job assessment tools to analyze different job classifications, running regression analyses and recommending 66 Evergreen Solutions, LLC Page 3-6 appropriate pay grades, editing job descriptions, and preparing performance evaluation files. He is also responsible for developing and maintaining project solution files which comprise of multiple alternatives geared toward bringing salaries to more market-competitive levels and their total cost estimates for implementation. In addition, he assists in preparing presentations and research reports for clients. Recent Projects that Mr. Wilburn has been involved with include: a Classification and Compensation Study for the City of Conroe, TX; a Compensation and Classification Study for Brazoria County, TX; a Classification, Pay and Benefits Study for Lee County Commission, AL; a Wages and Salaries Compensation Study for the City of Stockbridge, GA; a Salary Review for the City of Brookhaven, GA; and a Salary Survey for the City of Dunwoody, GA; a Classification and Compensation Study and Analysis for the City of Villa Rica, GA; a Compensation Market Study and Survey for Forsyth County, GA; a Pay and Classification Study for Worth County, GA; a Compensation and Benefits Study for Cherokee County, GA: and many others. Mr. Wilburn has an MBA with emphasis in Human Resources and a Bachelor’s of Science dual degree in Civil and Environmental Engineering from Florida State University. He also holds a Building Contractor’s license in the State of Florida. Project Consultant Dr. Angele Yazbec Dr. Angele Yazbec is a Senior Analyst with Evergreen. She possesses a Ph.D. in Cognitive Psychology from Florida State University, and has a strong background in quantitative and qualitative analysis. She is able to apply her knowledge and skills as a Senior Analyst for Evergreen through various functions including: conducting market research and collecting compensation data, running regression analyses and recommending appropriate pay grades, and editing job descriptions. Recent projects that Dr. Yazbec has been involved with include: a Compensation and Classification Study for Brazoria County, TX; a Compensation/Benefits Study and Analysis for the City of Woodstock, GA; a Compensation Plan Update for the City of Garden City, GA; a Compensation study for the City of Dalton, GA; and a Comprehensive Compensation and Classification Study for City of Forest Park, GA; and a Compensation Study for City of Hagerstown, MD. 3.4 Select Relevant Experience Clients nationwide have been successfully implementing recommendations from our team of professional consultants for decades. Exhibit 3-2 includes a list of select local government clients, many of these involving public safety positions, which Evergreen Solutions has worked with, or is currently on contract to work with in providing work similar in scope to the services being requested by the City. 67 Evergreen Solutions, LLC Page 3-7 Exhibit 3-1 Select List of Local Government Clients City of Alpharetta, GA City of North Miami Beach, FL City of Goose Creek, SC St. Charles County, MO City of Brookhaven, GA City of Ocala, FL City of Lancaster, SC City of Amarillo, TX City of Chamblee, GA City of Orlando, FL City of Mauldin, SC City of Austin, TX City of Commerce, GA City of Palm Beach Gardens, FL Town of Cheraw, SC City of Conroe, TX City of Dahlonega, GA City of Panama City Beach, FL Town of Hilton Head Island, SC City of Duncanville, TX City of Dalton, GA City of Panama City, FL Town of Moncks Corner, SC City of Farmers Branch, TX City of Douglasville, GA City of Parkland, FL Town of Mount Pleasant, SC City of Fate, TX City of Dublin, GA City of Pensacola, FL Berkeley County, SC City of Fredericksburg, TX City of Dunwoody, GA City of Plant City, FL Charleston County, SC City of Lakeway, TX City of Fayetteville, GA City of Plantation, FL Dorchester County, SC City of Mont Belvieu, TX City of Forest Park, GA City of Punta Gorda, FL Spartanburg County, SC City of Pflugerville, TX City of Garden City, GA City of Sarasota, FL City of Raleigh, NC City of Rowlett, TX City of Kingsland, GA City of St. Cloud, FL Buncombe County, NC City of Sachse, TX City of Roswell, GA City of St. Petersburg, FL Davie County, NC City of Seguin, TX City of Savannah, GA City of Sunny Isles Beach, FL Duplin County, NC City of Sunset Valley, TX City of Statesboro, GA City of Temple Terrace, FL Franklin County, NC Town of Little Elm, TX City of Stockbridge, GA City of Venice, FL Gaston County, NC Brazoria County, TX City of Tybee Island, GA City of Winter Park, FL Guilford County, NC Denton County, TX City of Villa Rica, GA Alachua County, FL Lee County, NC Fort Bend County, TX City of Woodstock, GA Bay County, FL New Hanover County, NC Travis County, TX. Cherokee County, GA Brevard County, FL Transylvania County, NC City of Broken Arrow, OK Douglas County, GA Charlotte County, FL Union County, NC City of Bloomington, IN Forsyth County, GA Citrus County, FL City of Covington, VA Mahoning County, OH Lumpkin County, GA Flagler County, FL City of Fredericksburg, VA City of Annapolis, MD Worth County, GA Gadsden County, FL City of Newport News, VA City of Hagerstown, MD City of Alachua, FL Gulf County, FL City of Suffolk, VA City of Hyattsville, MD City of Bartow, FL Hernando County, FL City of Williamsburg, VA City of Westminster, MD City of Cape Coral, FL Highlands County, FL Alleghany County, VA Allegany County, MD City of Clermont, FL Leon County, FL County of Culpeper, VA Charles County, MD City of Coral Springs, FL Manatee County, FL County of Northampton, VA Washington County, MD City of Dania Beach, FL Martin County, FL County of York, VA Kent County Levy Court, DE City of Daytona Beach, FL Miami-Dade County, FL Essex County, VA City of Pittsburgh, PA City of Daytona Beach Shoes, FL Monroe County, FL Gloucester County, VA County of Allegheny, PA City of Deltona, FL Osceola County, FL Isle of Wight County, VA County of Montgomery, PA City of Destin, FL Palm Beach County, FL James City County, VA Ulster County, NY City of Doral, FL Pinellas County, FL King George County, VA Town of Colchester, VT City of Fort Myers, FL Santa Rosa County, FL Loudoun County, VA Sedgwick County, KS City of Fort Walton Beach, FL Sarasota County, FL Louisa County, VA City of Hobbs, NM City of Ft. Myers, FL Seminole County, FL Montgomery County, VA City of Santa Fe, NM City of Gainesville, FL Sumter County, FL Prince George County, VA City of Fountain, CO City of High Springs, FL City of Foley, AL Prince William County, VA City of Manitou Springs, CO City of Holmes Beach, FL Baldwin County, AL Spotsylvania County, VA Ouray County, CO City of Jacksonville Beach, FL Lee County Commission, AL Surry County, VA City of Page, AZ City of Jacksonville, FL Marshall Co. Personnel Board, AL City of Branson, MO Town of Sahuarita, AZ City of Key West, FL Blount County, TN City of Lee’s Summit, MO Ogden City Corporation, UT City of Kissimmee, FL City of Chester, SC Clay County, MO City of Reno, NV City of Lake City, FL City of Columbia, SC Jackson County, MO City of Albany, OR City of Largo, FL City of Conway, SC Jefferson County, MO Spokane County, WA 68 Evergreen Solutions, LLC Page 3-8 Because Evergreen has conducted hundreds of compensation and classification studies throughout the country, we include in this section our local government work, as well as our public sector work, as it relates to the services being requested by the City. Compensation Analysis City of Alpharetta, Georgia Evergreen Solutions was engaged with the City of Alpharetta to conduct a competitive compensation analysis. The purpose and intent of the study was to compare and contrast the City’s current wage and benefit structure and levels with those of key competing employers both public and private. The analysis was based upon job descriptions and/or duties performed rather than upon job titles in order to ensure accurate comparisons and to consider all aspects of the City’s compensation package. At the time of the study, the City of Alpharetta employed 414 full-time and five part-time positions, excluding senior management and elected officials, defined across 132 position descriptions. The base salary ranges for these positions were divided among eight pay grades. The primary goals of this project were to: determine the City’s competitive position within the marketplace in terms of its overall compensation package; determine the relative value and competitive positioning of each compensation/benefit area; and identify any weaknesses within the components of the City’s existing compensation package that may negatively impact the organization’s ability to attract and retain talented employees. Compensation Study City of Dalton, Georgia Evergreen Solutions is retained by the City of Dalton to conduct a Compensation Study. Evergreen Solutions will identify appropriate benchmarking standards and conduct a total compensation survey with comparable municipalities and private sector employers, when applicable. Survey data will be provided to the City in a usable electronic format for analysis for each position. Evergreen Solutions will review of total compensation system, identify potential pay compression and/or inequities (both internally and to the market), and provide recommendations. 69 Evergreen Solutions, LLC Page 3-9 Compensation and Classification Study and Analysis City of Dublin, Georgia Evergreen Solutions was retained by the City of Dublin to conduct a Classification and Compensation Study. The purpose of the study was to address changes in City operations and staffing over the past decade, which may have affected the type, scope, and level of work being performed. The objectives of the study were to: attract and retain qualified employees; ensure positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills, and abilities are classified together; provide salaries commensurate with assigned duties; outline promotional opportunities and provide recognizable compensation growth; provide justifiable pay differential between individual classes; and maintain a competitive position with other comparable government entities and private employers within the same geographic areas. Compensation and Benefits Study and Analysis City of Dahlonega, Georgia Evergreen Solutions was engaged with the City of Dahlonega to conduct a comprehensive classification, compensation, and benefit study and analysis of its workforce. Evergreen Solutions’ consultants evaluated the City's present salary and benefit structure as compared to the relevant job market for comparable positions in both the private and public sectors. Evergreen Solutions reviewed all current job descriptions and analyzed the same for knowledge, skills, abilities, education and experience relevance and internal consistency, job definitions and summaries, distinguishing characteristics, supervision received and exercised, conformity with the ADA relative to essential job functions and special requirements, including licensing and certifications. Evergreen Solutions also analyzed all existing job family classifications, pay grades and salary ranges, and recommended modifications as necessary as well as analyzed all existing FLSA classifica tions and recommended modifications, as necessary. Compensation Study City of Statesboro, Georgia Evergreen Solutions was engaged with the City of Statesboro to review and update the City’s Classification and Compensation Plan for its 300 employees. The primary goals of this project were to: ensure job descriptions accurately reflect work performed; identify career ladders/promotional opportunities for each classification; determine the City’s competitive position within the marketplace; and identify any 70 Evergreen Solutions, LLC Page 3-10 weaknesses within the components of the City’s existing compensation plan that may negatively impact the organization’s ability to attract and retain talented employees. Evergreen Solutions recommended appropriate salary ranges for existing or proposed positions based on the classification study and the compensation survey results. Classification and Compensation Study and Analysis City of Villa Rica, Georgia Evergreen Solutions was retained by the City of Villa Rica to conduct a Classification and Compensation Study and Analysis. The purpose of the study was to address changes in City operations and staffing over the past years, which may have affected the type, scope, and level of compensation and work being performed. The primary objectives of the study were to: attract and retain qualified employees; ensure positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills, and abilities are classified together; provide salaries commensurate with assigned duties; outline promotional opportunities and provide recognizable compensation growth; provide justifiable pay differential between individual classes; and maintain a competitive position with other comparable government entities and private employers within the same geographic areas. Classification and Compensation Study City of Commerce, Georgia Evergreen Solutions was retained by the City of Commerce to conduct a Classification and Compensation Study. The scope of the study included the following: reviewing and updating or rewriting job descriptions; working with City management to revise the existing pay plan and structure; evaluating the current salary structure; and compensation levels for all employees and recommending the appropriate adjustments. Comprehensive Compensation and Classification City of Forest Park, GA Evergreen Solutions is retained to conduct a comprehensive market survey, evaluate internal and external compensation equity, review and update current classification/pay system including review of performance evaluation instrument, pay structure, and existing job descriptions. A comprehensive review, evaluation, and comparison against other municipalities of their current benefits programs will also 71 Evergreen Solutions, LLC Page 3-11 be conducted to include all health plans; medical, dental, vision, life, retirement/pension, paid time off, STD/LTD, as well as any other benefits available of which the City of Forest Park may not currently be taking advantage. Also, conducting a review of current practices, policies, and procedures. Areas that should be included, but are not limited to: Recruitment and Hiring, Promotional, Disciplinary and Termination Procedures. A benefits survey will also be conducted. Pay and Classification Study City of Fayetteville, Georgia Evergreen Solutions was retained by the City of Fayetteville to conduct a Pay and Classification Study. The goal of the project was to develop a classification and compensation plan that fairly and equitably recognized and rewards current and future employees and attracts highly-qualified candidates for City positions. Evergreen Solutions performed the following tasks:  reviewed all current job descriptions and analyzed the same for knowledge, skills, abilities, education, experience, relevance, internal consistency, job definitions and summaries, distinguishing characteristics, supervision received and exercised, conformity with ADA relative to essential job functions (including physical demands), conformity with other applicable federal and state laws and regulations, and special requirements, including licensing and certifications;  analyzed all existing job family classifications, pay grades, and salary ranges and recommended modifications as necessary;  recommended new job titles/job descriptions as necessary;  analyzed all FLSA classifications and recommend modifications as necessary;  established appropriate benchmarking standards and conducted salary surveys as needed for similar positions with comparable other local governments, as needed;  identified potential pay compression issues and provided alternative solutions and recommended appropriate salary range for each position based on the classification plan, the compensation survey results, and internal relationships and equity; and  developed and provided a straightforward, easily understandable maintenance system that could be used to keep the classification system updated and equitable. 72 Evergreen Solutions, LLC Page 3-12 Evergreen Solutions also reviewed relevant portions of the City’s Personnel Policies and Procedures and, when applicable, recommended any changes needed in relation to classification and compensation. Note: Evergreen Solutions was again hired by the city of Fayetteville to conduct a Staffing Study in 2018. Comprehensive Position Classification and Compensation/Benefits Study and Analysis City of Woodstock, Georgia Evergreen Solutions is retained by the City of Woodstock to conduct a Comprehensive Position Classification and Compensation/Benefits Study and Analysis. Evergreen Solutions will evaluate internal and external compensation equity as well as review and update the current classification/pay system, including a review of the performance evaluation instrument, pay structure, and existing job descriptions. In addition, Evergreen Solutions will evaluate and compare the City’s salaries and benefits (include all health and welfare plans; medical, dental, vision, life, STD/LTD, retirement/pension, paid time off, 457/401) against other competing municipalities. Classification and Compensation Study City of Douglasville, Georgia Evergreen Solutions was retained by the City of Douglasville to conduct a Classification and Compensation Study and Analysis of its workforce consisting of 225 full-time employees in approximately 96 job titles. Evergreen Solutions performed the following tasks:  Evaluated the City's present salary structure as compared to the relevant job market for comparable positions in both the private and public sectors.  Reviewed all current job descriptions and analyzed same for knowledge, skills, abilities, education and experience relevance and internal consistency, job definitions and summaries, distinguishing characteristics, supervision received and exercised, conformity with the ADA relative to essential job functions (including physical demands); and special requirements including licensing and certifications. 73 Evergreen Solutions, LLC Page 3-13  Reviewed the City's current Position Classification and Wage Administration Plans and provided recommendations for enhancement and specific guidelines for requests pertaining to the following: creating new positions, salary adjustments and reclassifications, retroactive pay, compensation for additional duties (temporary and permanent assignments) and internal equity adjustments.  Analyzed all existing job family classifications, pay grades and salary ranges and recommended modifications as necessary.  Analyzed all existing FLSA classifications and recommended modifications as necessary.  Identified potential pay compression issues and provided alternative solutions. Note: Evergreen Solutions recently conducted a Classification and Compensation Plan Update for the City. Employee Classification and Compensation Study City of Savannah, Georgia Evergreen Solutions was engaged with the City of Savannah to conduct an Employee Classification and Compensation Study for its workforce of 2,500 employees. Evergreen Solutions developed a comprehensive job classification system that accommodated the City’s need for a flexible, internally and externally equitable, defensible, market sensitive and easily administered system for all current and future jobs within the City. Evergreen Solutions established career paths for occupations, provide clear distinctions in different job levels, established performance standards/job qualifications for all newly created job classifications, produced job descriptions that were legally defensible and are in accordance with ADA and FLSA, assigned classifications to pay ranges designed by the City that were labor market appropriate, and trained Human Resource staff so that they could maintain, enhance, and use the classification system to identify and consistently apply the system to modify an existing position or classification or create a new position or classification scheme. Evergreen Solutions further assisted the City in formulating a formal compensation philosophy and developing a compensation system for all job classifications based upon the adopted compensation philosophy. Evergreen Solutions identified comparable benchmark employers to guide the City’s future employee salary and benefit decisions in order to facilitate the retention and attraction of high performing staff members, while being financially sustainable. 74 Evergreen Solutions, LLC Page 3-14 Comprehensive Classification and Compensation Study City of Garden City, Georgia Evergreen Solutions was retained by the City of Garden City to conduct a Comprehensive Classification and Compensation Study for its workforce. The primary objectives of the Classification and Compensation Study were to: attract and retain qualified workers who would be paid equitable salaries; provide fair salaries for all workers of the City; and provide a salary structure that enabled the City to maintain a competitive position with other cities and companies within the same geographic area. To accomplish this, Evergreen Solutions: worked with the City’s management staff to identify a market position for the City; developed a comprehensive labor market salary survey for the Chatham County area and surrounding municipalities that reflected both cities and private industry; analyzed existing internal hierarchy based on job relationships, identified problem areas within the internal hierarch system, and proposed implementation methods to correct identified problems; reviewed current classification grade methodology, and proposed recommended strategies for the City of Garden City; and developed a pay plan identifying specific parameters (i.e., percent spreads between ranges and within ranges). In the end, Evergreen Solutions prepared a cost analysis for positions that fell below the proposed minimum salaries following reclassification and developed recommendations and an instrument for the ongoing internal administration and maintenance of the proposed classification/compensation plan. Note: Our firm was rehired and is currently involved with the City of Garden City to conduct a Compensation Plan Update. Comprehensive Classification and Compensation Study City of Tybee Island, Georgia Evergreen Solutions was retained by the City of Tybee Island to conduct a Comprehensive Compensation and Classification Study. Evergreen Solutions’ consultants reviewed the City’s current compensation plan (salary grade levels and steps) to understand the current challenges of recruiting and retaining employees and identified and recommended a consistent and competitive market position that the City could strive to maintain based on a salary survey of both private and public sector peer organizations. In the end, Evergreen Solutions recommended an appropriate salary range for each position in the City based on a review and analysis of the classification plan, the compensation survey results, internal relationships, and external and internal equity. Evergreen Solutions prepared a new salary structure based on results of the salary survey and best practices and developed guidelines to assist 75 Evergreen Solutions, LLC Page 3-15 the City staff with determining the starting pay for new employees based on knowledge and experience above minimum requirements of the position, how difficult the position is to fill, and market competitiveness. Evergreen Solutions further provided recommendations for the ongoing internal administration and maintenance of the proposed compensation and classification plan. Salary and Benefits Survey City of Roswell, Georgia Evergreen Solutions was retained by the City of Roswell to conduct a Salary and Benefits Survey. Evergreen Solutions examined wages and benefits of the City’s employees as compared to public and private sector entities in Georgia and surrounding areas to determine whether the City’s wages and benefits were competitive in the market. Classification and Compensation Plan Development City of Brookhaven, Georgia Evergreen Solutions was engaged with the City of Brookhaven to develop a Classification and Compensation Plan. The primary goals of this project was to: ensure job descriptions accurately reflect work performed; identify career ladders/promotional opportunities for each classification; determine the City’s competitive position within the marketplace; determine the relative value and competitive positioning of each compensation area; and identify any weaknesses within the components of the City’s existing compensation plan that may negatively impact the organization’s ability to attract and retain talented employees. Evergreen Solutions recommended appropriate salary ranges for existing or proposed positions based on the classification study and the compensation survey results. Evergreen Solutions also recommended a performance management and evaluation program, including a comprehensive evaluation form and rating system for fiscal year 2016 implementation. The evaluation plan included a performance-based component. Note: Evergreen Solutions was again hired by the City of Brookhaven to conduct a Salary Review in 2019. 76 Evergreen Solutions, LLC Page 3-16 Compensation and Benefits Study Forsyth County, Georgia Evergreen Solutions was engaged with Forsyth County to conduct a Compensation and Benefits Survey for the various departments/ offices of the County. The objective of the survey was to provide Forsyth County Government a competitive position with other comparable government entities and private employers within the same geographic area to attract and retain qualified employees. Evergreen Solutions’ consultants reviewed the current compensation plan and salary grade levels to understand the current challenges facing the County in recruiting and retaining employees. Evergreen Solutions surveyed comparable labor markets competing with the County for labor in the greater metro Atlanta labor market and comparable public organizations. The survey was designed to capture not only base salary information but comprehensive benefits information (inclusive of: deferred compensation; leave plans; employer paid medical, dental, vision, disability insurance, life insurance) to ensure that the County was competitive with other public organizations in the greater metro Atlanta labor market in its total compensation package. In the end, Evergreen Solutions prepared a final report of findings with written recommendations regarding specific classifications, salary market adjustments, and preferred benefit package and recommended any necessary salary range changes for the County’s job classifications. Compensation and Benefits Study Cherokee County, Georgia Evergreen Solutions was retained by Cherokee County to conduct a Compensation and Benefits Study. Evergreen Solutions worked directly with County leadership to update job descriptions for every position, evaluate FLSA classifications, created a common template for all job descriptions, identified a set of comparable public and private organizations, and gathered relevant compensation and benefit data. Evergreen Solutions assessed total compensation based on both internal and external comparability and developed an updated compensation structure that provided a fair, competitive, transparent, sustainable and fiscally responsible program. Evergreen Solutions also made recommendations for the County’s compensation philosophy and guidelines that included longer term trends, risks and competitive forces, and prepared an analysis outlining the fiscal impact of all recommendations. 77 Evergreen Solutions, LLC Page 3-17 Classification and Compensation Study and Analysis Douglas County, Georgia Evergreen Solutions was engaged with Douglas County to conduct a Classification and Compensation Study and Analysis. Evergreen Solutions will evaluate the County’s present salary structure as compared to the relevant job market for comparable positions in both the private and public sectors. Evergreen Solutions will perform the following tasks:  review all current job descriptions and analyze same for knowledge, skills, abilities, education and experience relevance and internal consistency, job definitions & summaries, distinguishing characteristics, supervision received and exercised, conformity with the ADA relative to essential job functions (including physical demands); special requirements including licensing and certifications;  review the County’s current Position Classification and Wage Administration Plans and provide recommendations for enhancement and specific guidelines for requests pertaining to the following: creating new positions, salary adjustments and reclassifications, retroactive pay, compensation for additional duties (temporary and permanent assignments) and internal equity adjustments;  analyze all existing job family classifications, pay grades and salary ranges and recommend modifications as necessary;  analyze all existing FLSA classifications and recommend modifications as necessary;  establish appropriate benchmarking standards and conduct salary surveys as needed for similar positions with comparable Georgia counties as required;  identify potential pay compression issues and provide alternative solutions; and  develop applicable classification/reclassification questionnaire. Classification and Compensation Study Lumpkin County, Georgia Evergreen Solutions was engaged with Lumpkin County to conduct a comprehensive classification and compensation study of its workforce which assisted the County in updating its current classification plan, revising salary administration guidelines, and developing a strategy to increase employees’ pay to a competitive level that would align with the results of the study. 78 Evergreen Solutions, LLC Page 3-18 Evergreen Solutions provided recommendations to the overall classification, compensation, and performance plan that provided internal equity and would be competitive in the marketplace to attract and retain qualified employees. Evergreen Solutions provided options on ways to keep the pay structure current in future years in order to avoid compression and provided the necessary training for the implementation of the new salary schedules and plans. Evergreen Solutions provided the County with multiple pay scales for both part- and fulltime employees, including pay scales for employees of the Sheriff’s Office and Emergency Services. Pay and Classification Study Worth County, Georgia Evergreen Solutions is retained by Worth County to conduct a Pay and Classification Study. Evergreen Solutions will perform the following tasks: conduct orientation sessions and focus groups for one full day; conduct interviews with department heads/supervisors; administer a Job Assessment Tool (JAT) and Management Issues Tool (MIT); conduct a salary survey among 20 competing jurisdictions to determine competitive wages in the appropriate labor market(s) for 40 benchmark classifications; review job descriptions and provide recommendations for any necessary updates/revisions; and draft and present a final report. Compensation Study City of Pensacola, Florida Evergreen Solutions is engaged with the City of Pensacola to analyze the competitive position of the City by identifying and collecting data for use in conducting a market analysis and wage study. Evergreen Solutions will also update City pay ranges to reflect market analysis results and recommend pay level for current incumbents. We will address these needs by utilizing data from:  Escambia County for matching and slotting purposes; and  previous Evergreen Solutions surveys to provide comparisons to airport, port, and utility positions. 79 Evergreen Solutions, LLC Page 3-19 Compensation Study City of Hollywood, Florida The City Hollywood retained Evergreen Solutions to conduct a compensation study of all non-represented employees (Executive; Managerial; Legal; Technical; and Confidential Administrative Support). A job-task analysis/job audit was conducted to determine whether classifications were correctly placed in the organizational hierarchy and whether individual job positions were classified correctly. Evergreen Solutions reviewed job descriptions using the Job Assessment Tool job valuation methodology and conducted a statistical assessment of current conditions to ensure compliance with federal and state laws including proper designation of classifications as "exempt" vs. "non- exempt". Evergreen Solutions conducted a comprehensive survey to ensure that the City of Hollywood's compensation plan was equitable and competitive in its total compensation package relative to internal factors and external markets (The City’s goal was to be in the top 25% in salary). Our consultants reviewed existing salaries to determine proper placement within proposed classifications, and recommend appropriate "equity adjustments" as needed, based upon the results of the salary survey and the recommended pay plan. Evergreen Solutions concluded the study with recommendations designed to alleviate any strains on the current compensation and classification system. Evergreen Solutions further recommended procedures, policies, and methods to maintain an on-going Classification & Compensations Plan that was performance based, fair and competitive. In addition, our consultants developed policies and procedures for developing and maintaining a career track/progression/retention program and reviewed existing performance appraisal system in order to make recommendations to integrate the performance appraisal system with new Classification & Compensation Plan. Note: At the conclusion of the study Evergreen Solutions was hired again to conduct a compensation study of all AFSCME employees (i.e., Professional and Supervisory employees). Compensation Plan Update City of Kissimmee, Florida Evergreen Solutions is currently engaged with the City of Kissimmee to conduct a Compensation Plan Update. Evergreen Solutions will compare and contrast the City’s current salary structure and levels with those of key competing employers so that a determination can be made regarding the City’s competitive position within the marketplace. 80 Evergreen Solutions, LLC Page 3-20 Note: Evergreen Solutions previously performed a Salary, Benefits, and Position Classification Study, beginning in 2007; and a Salary Survey and Job Analysis on Selected Positions in 2014. Compensation, Classification, and Benefits Study City of Palm Beach Gardens, Florida The City of Palm Beach Gardens was on contract with Evergreen Solutions to conduct a comprehensive Compensation and Classification Study to assess the city’s internal and external equity. The City had established track record of regular studies of this nature and seeks up- to-date competitive salary and benefits information from both the private and public sector. A salary survey of peer organizations in the local and regional market, to include benefits and total compensation, was conducted to ascertain the City’s relative market position. The City maintained the objective of being among the compensation leaders in Palm Beach County, and regular evaluation of this kind was essential in achieving this progressive goal. The study included a complete classification analysis using Evergreen Solutions’ Job Assessment Tool job valuation methodology in addition to a statistical assessment of current conditions. The study concluded with a series of findings and recommendations in a written report that was designed to identify and recommend resolution of any inequities in the system and, if necessary, updates the existing classification structure. The City had gone through a considerable reduction in force, which had caused many responsibilities to be shuffled. Note: Evergreen Solutions was again hired in the latter part of 2015 to conduct a Compensation and Classification Plan Update. Human Resource Consulting Services (Compensation Study) City of Orlando, Florida Evergreen Solutions was retained by the City of Orlando to provide human resources consulting services by conducting a compensation study. Evergreen Solutions reviewed the City’s compensation system, selected targets and benchmarks for market comparison, conducted a market survey, and developed strategic positioning recommendations to keep the City’s compensation plan competitive. 81 Evergreen Solutions, LLC Page 3-21 Classification and Compensation Job Classification Analysis City of St. Petersburg, Florida Evergreen Solutions was retained by the City of St. Petersburg to conduct a Job Classification Analysis in order to update and produce approximately 648 legally-compliant job descriptions that would include 6 – 8 core competencies each. Our consultants: analyzed all city job descriptions, both full-time and part-time positions, and determined the core competencies for each classification; and revised classifications and competencies that formed the foundation of the City's recruitment, learning management, performance management, and succession planning programs. Evergreen Solutions met with HR staff and department heads to discuss roles, competency model options, and project processes and adjusted the competency survey that was used in conjunction with the Job Assessment Tool (JAT) that was administered to a representative sample of the City’s 3,150 full- and part-time staff. Evergreen Solutions reviewed the work performed by each classification and scored and reviewed supervisory comments for any anomalies or discrepancies discovered. Evergreen Solutions created task inventory and job families based on JAT responses and organizational charts and identified the degree of overlap in tasks between jobs in similar job families. From this, Evergreen Solutions identified root factors in each task grouping and linked to any underlying behavioral factors. Classification and Compensation Services City of Dunedin, Florida Evergreen Solutions was engaged with the City of Dunedin to provide and Classification and Compensation Services. Evergreen Solutions analyzed each position within the City by conducting interviews; evaluating employee position descriptions and duties; interviewing department heads; assessing classifications within positions; and making FLSA determinations. Evergreen Solutions presented a proposed classification structure to City management, including a cost analysis for positions that would require adjustments. Evergreen Solutions also conducted a comprehensive survey of public and private labor market comparables designed to include salary ranges, and actual salaries to ensure that the City’s compensation was equitable and competitive relative to internal factors and external markets. 82 Evergreen Solutions, LLC Page 3-22 Classification and Compensation Study City of Cocoa, Florida Evergreen Solutions was hired by the City of Cocoa, located in Brevard County, to conduct a Classification and Compensation Study for its 444 employees. Evergreen Solutions’ consultants performed a comprehensive survey of the City’s job classifications, pay structures and benefits and provided recommendations to the City for implementation of the proposed changes in order for the City to maintain internal and external equity. The City’s objectives for the study was: to attract and retain qualified workers who will be paid an equitable salary and benefit package; provide fair salaries for all workers of the City; and provide a salary structure that enables the City to maintain a competitive position with other cities and companies within the same geographic area. The City’s current Pay and Classification Plan consisted of four different classifications:  General Employees: The current pay structure is set up in pay grades with steps (varying in numbers, up to 16 steps).  Laborers’ International Union of North America (LIUNA): These positions consist of 16 different pay grades with established minimum and maximum pay ranges.  Coastal Florida Police Benevolent Association (PBA): These positions consist of three (3) different pay grades with established minimum and maximum pay ranges.  International Association of Firefighters (IAFF): These positions consist of two different pay grades with established minimum and maximum pay ranges. Compensation Analysis City of Orange City, Florida Evergreen Solutions was engaged with the City of Orange City to conduct a Compensation Analysis. Our consultants estimated the City’s market position, refined pay plan, and slotted incumbents based on data that was collected from the region. 83 Evergreen Solutions, LLC Page 3-23 Compensation Study City of Hollywood, Florida The City Hollywood retained Evergreen Solutions to conduct a compensation study of all non-represented employees and then again for AFSCME employees (i.e., approximately 66 Professional and Supervisory employees in 38 different job classifications). A job-task analysis/job audit was conducted to determine whether classifications were correctly placed in the organizational hierarchy and whether individual job positions were classified correctly. Evergreen Solutions reviewed job descriptions using the Job Assessment Tool job valuation methodology and conducted a statistical assessment of current conditions to ensure compliance with federal and state laws including proper designation of classifications as "exempt" vs. "non-exempt". Evergreen Solutions conducted a comprehensive survey to ensure that the City of Hollywood's compensation plan was equitable and competitive in its total compensation package relative to internal factors and external markets (The City’s goal was to be in the top 25% in salary). Our consultants reviewed existing salaries to determine proper placement within proposed classifications, and recommend appropriate "equity adjustments" as needed, based upon the results of the salary survey and the recommended pay plan. Evergreen Solutions concluded the study with recommendations designed to alleviate any strains on the current compensation and classification system. Evergreen Solutions further recommended procedures, policies, and methods to maintain an on-going Classification & Compensations Plan that was performance based, fair and competitive. In addition, our consultants developed policies and procedures for developing and maintaining a career track/progression/retention program and reviewed existing performance appraisal system in order to make recommendations to integrate the performance appraisal system with new Classification & Compensation Plan. 84 Evergreen Solutions, LLC Section 4.0 Structure and Content of Work Product 85 Evergreen Solutions, LLC Page 4-1 4.0 Structure and Content of Work Product A detailed breakdown and description of the specific steps, services, and study products that will be provided are described throughout our Detailed Work Plan in Section 2. Evergreen Solutions typically includes the following chapters in a final report for a Compensation Study:  Chapter 1: Introduction - This chapter provides an introduction into the study and describes the necessary steps that will take place.  Chapter 2: Assessment of Current Conditions - This chapter provides an overall assessment of the structure of the compensation plan in place in the organization and a brief analysis of the employee demographics within the organization.  Chapter 3: Market Summary - This chapter provides results of the market salary survey.  Chapter 4: Recommendations - This chapter summarizes the proposed recommendations based on the findings from the previous chapters. The recommendations generally include three different categories: Compensation Analysis, Administration, and Summary. A sample final report from a similar study is included in Appendix C. Our firm will work with the City of Tybee Island to determine their computer and software compatibility preferences. We routinely work with large data sets, both in MS Excel, MS Access and SSPS. Often, these electronic files include thousands of individual records and multiple attributes for each record. With SSPS statistical software, Evergreen has the capacity to provide data files, syntax, and output for each evaluation project. 86 Evergreen Solutions, LLC Section 5.0 Work Schedule 87 Evergreen Solutions, LLC Page 5-1 5.0 Work Schedule Evergreen Solutions possesses the ability, staff, skills, and tools to conduct a Comprehensive Employee Compensation/Classification Study for the City of Tybee Island within six months of the project start date and following the signing of the contract. This estimated timeline is based on a tentative start date of December 1, 2019, and a completion date of June 1, 2020, as shown in Exhibit 5-1. 88 Evergreen Solutions, LLC Page 5-2 Exhibit 5-1 Project Timeline 1.0 - Project Initiation 2.0 - Evaluate the Current System 3.0 - Collect and Review Current Environment Data 4.0 - Evaluate and Build Projected Classification Plan 5.0 - Identify List of Market Survey Benchmarks and Approved List of Targets 6.0 -Conduct a Market Salary Survey and Provide External Assessment Summary 7.0 -Develop Strategic Positioning Recommendations 8.0 - Conduct Solutions Analysis 9.0 - Develop and Submit Draft and Final Reports 10.0 - Conduct an Employee Appeals Process 11.0 - Develop Recommendations for Compensation Administration 12.0 -Provide Revised Class Descriptions and FLSA Determinations DECPROJECT TASKS FEBJAN MAYMARAPR 2019 2020 89 Evergreen Solutions, LLC Section 6.0 References 90 Evergreen Solutions, LLC Page 6-1 6.0 References In this section, we have provided the following references that we feel demonstrate comparable services as it relates to the services being requested by the City of Tybee Island. We invite you to contact our client references as to the quality and timeliness of our consulting projects. Additional references are available upon request. We also include what some of our clients are saying about our work. 6.1 References Compensation Study City of Statesboro, Georgia Contact Information: Jeff Grant, Former Director of Human Resources Current Human Resources Director for the City of Savannah, Georgia; 2 East Bay St., Savannah, GA 31401 (912) 651-6484; jgrant@savannahga.gov Salary Survey City of Dunwoody, Georgia Contact Information: Nicole Stojka, Human Resources Director City of Dunwoody; 4800 Ashford Dunwoody Road, Dunwoody, Georgia 30338 (678) 382-6755; Nicole.Stojka@dunwoodyga.gov Classification and Compensation Study and Analysis Douglas County, Georgia Contact Information: Frederick Perry, Human Resources Director Douglas County; 8700 Hospital Drive, Douglasville, Georgia 30134 (770) 920-7277; fperry@co.douglas.ga.us Compensation Salary Study and Survey Forsyth County, Georgia Contact information: Pat Carson, Personnel Services Director Forsyth County, Personnel Services; 110 E. Main Street, Suite 230, Cumming, Georgia 30040 (770) 781-3088; PGCarson@forsythco.com 91 Evergreen Solutions, LLC Page 6-2 Compensation Plan Update City of Garden City, GA Contact Information: Ron Feldner, City Manager (912) 966-7777; RFeldner@gardencity-ga.gov 6.2 What Our Clients Are Saying The following quotes were taken from some of our clients as they relate to the human resource work we have performed. “Evergreen offered us a number of communication tools and great information to keep us on top of the changing human resource world.” “They made themselves available for phone calls, email inquiries, and site visits time and time again, often with short notice.” “I know Jeff Ling and the entire Evergreen staff to be excellent service providers and would recommend them highly.” Beth Stefek, Director of Human Resources City of Kissimmee, FL “Evergreen maintained frequent interaction and was very accessible.” “The draft and final products were excellent and staff was flexible on input and feedback.” “Evergreen completed the project within our timeframe.” Margie Moale, Human Resources Director City of Plantation, FL “Evergreen exceeded our expectations.” Dale Pazdra, Director of Human Resources City of Coral Springs, FL “Evergreen’s Project Director was very accessible.” Jerry Haines, Human Resources Manager Hernando County, FL “Evergreen’s Project Director was extremely accommodating. We were very satisfied.” Teresa Aguiar, Employee Services Director Monroe County, FL 92 Evergreen Solutions, LLC Page 6-3 “Evergreen was very competent, highly professional, and easy to work with.” Dale Garcia, Former Human Resources Director (Retired) Manatee County, FL “Excellent interaction, responsive, and accessible throughout the project.” Sheryl Stewart, Human Resources Administrator City of Palm Beach Gardens, FL “Final product was outstanding.” Randy Swing, President Association for Institutional Research, FL “I would rate the professionalism of staff very high.” Stacie Mason, Human Resources Director City of Sarasota, FL “Our assigned team was wonderful to work with. They were always available, responsive, and never in a hurry to answer all questions.” Mercedes Perez, Director of Human Resources & Risk Management City of Plant City, FL “Implemented all of Evergreen’s suggestions.” Pat Carson, Personnel Services Director Forsyth County, GA “Very Happy… Will Definitely use Evergreen Again!” Jim Harner, Director of Human Resources City of Roswell, GA “I am so excited by this study. It’s really going to put us in a great position competitively going forward. And being able to do our own assessments in house will be great for us! Evergreen has done a really terrific job!” Sandra Pate, Assistant City Administrator/Human Resources Director City of Foley, AL “Evergreen’s staff were very professional and prompt with responses.” Kim Pendergraff, CPM Texas City Management Association 93 Evergreen Solutions, LLC Page 6-4 “Everyone I was in contact with was extremely professional.” “Evergreen’s Project Director responded to requests promptly and made every effort to work with the City’s requests.” Judy Garza, Human Resources Manager City of Fate, TX “I consider the staff to be very professional and highly competent.” “We were very pleased with the final presentation to the City Council. Information was presented in a concise and accurate manner.” Nona Vogel, Assistant Director of Human Resources City of Seguin, TX 94 Evergreen Solutions, LLC Section 7.0 Cost of Services 95 Evergreen Solutions, LLC Page 7-1 7.0 Cost of Services Evergreen Solutions, LLC is pleased to present our proposed costs to conduct a Comprehensive Employee Compensation/Classification Study (Study) for the City of Tybee Island (City). We are committed to providing the highest quality consulting services to our client partners for a reasonable price. Our firm is fortunate that our overhead is minimal and our expenses are reasonable so we can pass that cost savings on to our clients. Our total, not-to-exceed, fixed cost to complete all tasks identified in our detailed work plan in Section 2 of our proposal is $37,000. Our cost is all inclusive, and includes travel costs (meals and lodging), transportation, fringe benefits, indirect costs (overhead), clerical support, and all other out-of-pocket expenses. Note: Our cost includes up to three trips to the City during the course of the study. Our preferred fee schedule is: • 25 percent upon submission of the Draft Report for Part 1 of the Study • 25 percent upon completion of Part 1 of the Study • 25 percent upon submission of the Draft Report for Part 2 of the Study • 25 percent upon completion of Part 2 of the Study We are willing to negotiate the time, scope, and cost of the basic tasks, or any other options that the City wishes to identify. Attachment E, identifying the total cost and the cost for Parts 1 and 2 of this study, is provided in Appendix A. 96 Evergreen Solutions, LLC Section 8.0 Other 97 Evergreen Solutions, LLC Page 8-1 8.0 Other As required, all forms contained in the Request for Proposal (RFP NO. 2019-741) and all addenda are included in Appendix A. Evergreen Solutions does not take any exceptions to anything included in the RFP. Our proposal does not contain any trade secrets. 98 Evergreen Solutions, LLC Appendix A Required Forms 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/15/2019 (850) 386-1111 (850) 385-9827 34932 Evergreen Solutions, LLC 2878 Remington Green Circle Tallahassee, FL 32308 29424 29459 A 1,000,000 CP0008008579 8/17/2019 8/17/2020 300,000 10,000 Excluded 2,000,000 Included 1,000,000A 5204070000654 8/17/2019 8/17/2020 1,000,000A 42600500005900 8/17/2019 8/17/2020 1,000,000 10,000 B 21WECAB8IM0 10/24/2019 10/24/2020 1,000,000 1,000,000 1,000,000 C Professional Liab 21PG0258846 8/17/2019 Each Claim 1,000,000 C Professional Liab 21PG0258846 8/17/2019 8/17/2020 Aggregate 1,000,000 Tybee Island City Hall 403 Butler Avenue Tybee Island, GA 31328 EVERSOL-01 MSTOKES Hub International Florida 1117 Thomasville Road Tallahassee, FL 32303 MAPFRE Insurance Company of Florida Hartford Casualty Insurance Company Twin City Fire Insurance Company X 8/17/2020 X X X X X X X X 128 11/15/2019 129 130 Evergreen Solutions, LLC Appendix B Detailed Resumes 131 Evergreen Solutions, LLC Page 1 Dr. Jeffrey Ling, CCP Project Principal Evergreen Solutions, LLC Dr. Ling’s experience includes human resources, strategic planning, research methodology, and change management. He has taught courses addressing human resources, research methodology, statistical analysis, and political economy at various universities. Similarly, he has planned, organized, and managed studies on human resources assessment, and government efficiency. Each of these studies dealt with summarizing major alternatives for decision makers and providing viable recommendations. Education / Certifications Ph.D., Political Science, Florida State University, 1996 M.S., Political Science, Florida State University, 1993 B.A., Political Science, University of Tampa, 1990 Certified Compensation Professional (CCP), 2016 Board Member, Center for Human Resource Management, Florida State University Professional and Business History Evergreen Solutions, LLC, Executive Vice President, August 2005 – present MGT of America, Inc., Partner, May 2004–July 2005; Principal, September 2000–April 2004; Senior Associate, November 1999– September 2000; Senior Consultant, April 1999–November 1999; Consultant, 1998–1999; Senior Analyst, May 1998–November 1998 The College of Wooster, Assistant Professor, 1997–1998 Iowa State University, Visiting Scholar, 1995–1997 Florida State University, Research Assistant, 1992–1995 Stinger Systems, Market Analyst, 1990–1992 Selected Relevant Project Experience Local Government and Public Sector Experience Project Principal of a Classification and Compensation Study for Lumpkin County, Georgia Project Principal of a Compensation and Benefits Study for Cherokee County, Georgia 132 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 2 Project Principal of a Compensation and Benefits Survey for Forsyth County, Georgia Project Principal of a Compensation Market Study and Survey for Forsyth County, Georgia Project Principal a Pay and Classification Study for Worth County, Georgia Project Principal of a Classification and Compensation Study and Analysis for Douglas County, Georgia Project Principal of a Wages and Salaries Compensation Study the City of Stockbridge, Georgia Project Principal of a Job Description/Classification Study and Analysis for Douglasville-Douglas County Water and Sewer Authority, Georgia Project Principal of a Classification and Compensation Study and Analysis for the City of Dublin, Georgia Project Principal of a Comprehensive Classification and Compensation Study for the City of Garden City, Georgia Project Principal of a Compensation Plan Update for the City of Garden City, Georgia Project Principal of a Pay and Classification Study for the City of Chamblee, Georgia Project Principal a Classification and Compensation Study and Analysis for the City of Villa Rica, Georgia Project Principal of a Pay and Classification Study for the City of Fayetteville, Georgia Project Principal of a Classification and Compensation Study for the City of Commerce, Georgia Project Director of a Staffing Study for the City of Fayetteville, Georgia Project Principal of a Salary Survey for the City of Dunwoody, Georgia Project Principal of a Comprehensive Position Classification and Compensation/Benefits Study and Analysis for the City of Woodstock, Georgia Project Principal of a Compensation Analysis for the City of Alpharetta, Georgia Project Principal of a Compensation Study for the City of Dalton, Georgia 133 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 3 Project Principal of an Employee Classification and Compensation Study for the City of Savannah, Georgia Project Principal of a Classification and Compensation Study and Analysis for the City of Douglasville, Georgia Project Principal of a Compensation Study for the City of Statesboro, Georgia Project Principal of a Salary and Benefits Survey for the City of Roswell, Georgia Project Principal of a Classification and Compensation Study for the City of Kingsland, Georgia Project Principal of a Compensation and Benefits Study and Analysis for the City of Dahlonega, Georgia Project Principal of a Comprehensive Compensation and Classification Study for the City of Tybee Island, Georgia Project Principal of a Compensation and Classification Study for the City of Brookhaven, Georgia Project Director of a Compensation Study for the City of Pensacola, Florida. Project Principal of a Comprehensive Employee Study for the Ft. Pierce Housing Authority, Florida Project Principal of a Classification and Compensation Study for the Tampa Housing Authority, Florida Project Director of a Compensation Trends Survey and Benefits Survey for the Tampa Bay Water Authority, Florida Project Principal of a Compensation Study for the Hillsborough Area Transit Authority, Florida Project Principal of a Market Salary Survey for the Peace River Manasota Regional Water Supply Authority, Florida Project Director of a Markey Salary Study Update for Manatee County, Florida Project Principal of a Comprehensive Classification and Compensation Study (IT positions) for Manatee County, Florida Project Principal of a Classification and Compensation Study for the Hillsborough County Clerk of Court and Comptroller, Florida 134 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 4 Project Principal of a Classification and Compensation Study for Pinellas County, Florida Project Principal of a Compensation Study for Santa Rosa County, Florida Project Principal of a Compensation and Classification Study for Alachua County, Florida Project Principal of a Compensation Study for Brevard County, Florida Project Principal of a Compensation, Classification and Performance Management Study for Manatee County, Florida Project Principal of a Compensation Study and Pay for Performance System for Clay County Sheriff’s Office, Florida Project Principal of a Compensation and Classification Study for the Alachua County Sheriff’s Office, Florida Project Principal of Job Audits for the City of Gainesville, Florida Project Principal of a Compensation Analysis for the City of Orange City, Florida Project Principal of a Compensation and Classification Study for the Martin County Sheriff’s Office, Florida Project Principal of a Salary Survey for Pasco County Sheriff’s Office, Florida Project Principal of a Classification and Compensation Study for Pasco County Sheriff’s Office, Florida Project Principal a Compensation Study for the Bay County Sheriff’s Office, Florida Project Principal of a Compensation Study for the Walton County Sheriff’s Office, Florida Project Principal of a Pay and Classification Study for the Lake County Sheriff’s Office, Florida Project Principal of a Compensation Study for the Manatee County Sheriff’s Office, Florida Project Principal of Compensation and Classification Systems Consulting Services for the Collier County Sheriff’s Office, Florida Project Principal of a Salary Survey for the Marion County Sheriff’s Office, Florida 135 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 5 Project Principal of a Compensation Study for the Nassau County Sheriff’s Office, Florida Project Principal of a Human Resource Audit for the Okaloosa County Sheriff’s Office, Florida Project Principal of a Pay and Classification Study for Monroe County and Monroe County Sheriff’s Office, Florida Project Principal of a Wage, Salary, and Compensation Study for the Pinellas County Housing Authority, Florida Project Principal of a Salary Survey for WorkNet Pinellas (d/b/a CareerSource Pinellas), Florida Project Principal of a Compensation and Classification Study for WorkNet Pinellas, Florida Project Principal of a Compensation Survey for CareerSource Northeast Florida Project Principal of a Classification and Compensation Study for the Town of Cutler Bay, Florida Project Principal of a Compensation and Classification Study for the Town of Davie, Florida Project Principal of a Pay and Classification Study for Gulf County, Florida Project Principal of a Classification and Compensation Study for the City of Sunny Isles Beach, Florida Project Principal of a Compensation and Classification Study for the City of Clermont, Florida Project Principal of a Compensation Study for the City of Winter Park, Florida Project Principal of Classification and Compensation Services for the City of Dunedin, Florida Project Principal of a Classification and Compensation Study for the City of Zephyrhills, Florida Project Principal of a Job Classification Analysis for the City of St. Petersburg, Florida Project Principal of Compensation Consultant Services for the City of Coral Springs, Florida 136 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 6 Project Principal of a Classification and Compensation Study for the City of Sebring, Florida Project Principal of a Salary Study for Highlands County, Florida Project Director of a Compensation and Classification Analysis for the City of Pinecrest, Florida Project Principal of an Executive Compensation Study for the Health Care District of Palm Beach County, Florida Project Director of a Market Salary Survey for the Solid Waste Authority of Palm Beach County, Florida Project Director of a Critical Classification Analysis and an Executive Compensation Analysis for the Health Care District of Palm Beach County, Florida Project Principal of a Classification and Compensation Study and Merit Pay System Development for Keys Energy Services, Florida Project Director of a Salary Analysis for Manatee County Utility, Florida Project Principal of a Performance Management Study for the Palm Beach County Clerk and Comptroller’s Office, Florida Project Principal of a Classification and Compensation Study for Palm Beach County, Florida Project Principal of a Salary, Benefit and Position Reclassification Study for the City of Kissimmee, Florida Project Principal of a Salary and Benefits Study for the City of Ocala, Florida Project Principal of a Salary, Benefit and Position Reclassification Study for the City of St. Cloud, Florida Project Principal of a Compensation and Classification Study for the City of Bunnell, Florida Project Principal of a Compensation Study for the City of Bushnell, Florida Project Principal of an Executive Compensation Study for the Palm Beach County Health Care District, Florida Project Principal of a Market Salary Survey for the Peace River Manasota Regional Water Supply Authority, Florida 137 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 7 Project Principal of a Human Resources Performance Review for the City of Cape Coral, Florida Project Principal of a Compensation and Classification Study for the City of Deltona, Florida Project Principal of a Performance Improvement Training and Study for the City of Destin, Florida Project Director of a Comprehensive Compensation and Classification Study for the City of Panama City, Florida Project Principal of a Pay and Classification Study for the City of Fort Walton Beach, Florida Project Principal of a Classification, Compensation, and Staffing Study for the City of Lake City, Florida Project Principal of a Classification and Compensation Study for the City of Lake City, Florida Project Director of a Comprehensive Compensation and Benefits Analysis for the City of Bartow, Florida Project Principal of a Compensation Survey for the City of Tamarac, Florida Project Principal of a Compensation and Classification Study for the City of Delray Beach, Florida Project Principal of a Compensation Study for the City of Key West, Florida Project Principal of a Salary Survey for the City of Kissimmee, Florida Project Principal of a Salary Survey for the City of Temple Terrace, Florida Project Principal of a Compensation Study for the Town of Juno Beach, Florida Project Director of a Job Analysis and Description Development for the Town of Palm Beach, Florida Project Director of a Classification, Compensation, and Benefits Study for the City of Palm Beach Gardens, Florida Project Director of a Compensation Study for the City of Hollywood, Florida 138 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 8 Project Principal of a Classification and Compensation Study for the City of Sarasota, Florida Project Principal of a Compensation Study for Sarasota County, Florida Project Principal of Classification and Compensation Services for the City of Dunedin, Florida Project Principal of a Staffing, Compensation and Classification Study for the Town of Ponce Inlet, Florida Project Principal of Salary Survey (Compensation Plan Update) for the Town of Ponce Inlet, Florida Project Principal of a Classification, Compensation, and Benefits Study for the Town of Jupiter, Florida Project Principal of a Classification and Compensation Study for the Village of Islamorada, Florida Project Principal of a Compensation, Classification, and Value Engineering Analysis for City of Doral, Florida Project Principal of a Benchmark Compensation Study for the City of Plantation, Florida Project Principal of a Police Force Compensation and Benefits Study for the City of Doral, Florida Project Principal of a Compensation Analysis for the City of Holmes Beach, Florida Project Principal of a Classification and Compensation Study for the City of Ft. Myers, Florida Project Principal of a Classification and Compensation Study for the City of Zephyrhills, Florida Project Principal of a Classification and Compensation Study for the City of Destin, Florida Project Principal of a Compensation Study for Lake County, Florida Project Principal of a Classification and Compensation Study for the Health Care District of Palm Beach County, Florida Project Principal of an Organizational Review for the Health Care District of Palm Beach County, Florida Project Principal of a Strategic Planning Study for the Health Care District of Palm Beach County, Florida 139 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 9 Project Principal of a Merit Based Performance Management System for the Health Care District of Palm Beach County, Florida Project Principal of an Employee Engagement Study for the Health Care District of Palm Beach County, Florida Project Principal of a Compensation Study for Glades General Hospital, Florida Project Principal of a Compensation Market Analysis for the St. Johns River Water Management District, Florida Project Principal of a Total Compensation Study for the Southwest Florida Water Management District Project Principal of a Salary, Benefit and Position Reclassification Study for the Toho Water Authority, Florida Project Principal of a Pay and Classification Study for Tampa Bay Water, Florida Project Principal of a Position and Compensation Study for the Florida Keys Aqueduct Authority Project Principal of a Pay and Classification Study for the Florida Keys Aqueduct Authority Project Principal of a Compensation and Classification Study for the Ft. Pierce Utilities Authority, Florida Project Principal of a Software Training Services for Seminole County, Florida Project Principal of a Compensation and Classification Study for Seminole County, Florida Project Principal of a Job Classification and Pay Study for Flagler County, Florida Project Principal of a Compensation and Benefits Study for Seminole County, Florida Project Principal of a Performance Management Study for Seminole County, Florida Project Principal of a Compensation and Classification Study for Gadsden County, Florida Project Principal of a Market Salary Survey for Charlotte County, Florida 140 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 10 Project Principal of a Pay and Classification Study for Martin County, Florida Project Principal of a Comprehensive Classification and Compensation Study for Bay County, Florida Project Principal of a Classification and Performance Management System Review for Citrus County, Florida Project Director of Management Consulting Services for Osceola County, Florida Project Principal of a Compensation Study for Osceola County, Florida Project Principal of a Compensation Survey for Miami-Dade County, Florida Project Principal of an Employee Engagement Survey for the City of Daytona Beach, Florida Project Principal of a Compensation Study for the City of North Miami Beach, Florida Project Principal of an Employee Total Compensation Study for the Loxahatchee River District, Florida Project Principal of a Compensation and Classification Study for the Orlando-Orange County Expressway Authority, Florida Project Principal of an Emergency Management Operations Survey for the City of Orlando, Florida Project Principal of Human Resource Consulting Services to the City of Orlando, Florida Project Principal of a Pay and Classification Study for the City of Holly Hill, Florida Project Principal of a Classification and Compensation Study for the City of High Springs, Florida Project Principal of a Classification and Compensation Study for the City of Dania Beach, Florida Project Principal of a Compensation and Classification Study for the City of North Port, Florida Project Principal of a Job Classification and Compensation Study for the City of Sunrise, Florida 141 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 11 Project Principal of a Job Classification and Compensation Study for the City of Melbourne, Florida Project Principal of a Classification and Compensation Study for the City of West Melbourne, Florida Project Principal of a Comprehensive Compensation and Classification Study for the Office of State Courts Administration, Florida Project Principal of a Comprehensive Classification and Compensation Study for Baldwin County, Alabama Project Principal of a Compensation Study for the Alabama League of Cities Project Principal of a Compensation and Pay Classification Plan Study for the City of Foley, Alabama Project Principal of a Classification and Compensation Study for Riviera Utilities, Alabama Project Principal of Compensation Consultant Services for Dallas Area Rapid Transit, Texas Project Principal a Compensation Survey for the Texas City Management Association Project Principal of a Compensation, Classification, and Benefits Study for Denton County, Texas Project Principal of a Compensation and Classification Study for the Denton County Fresh Water Supply District, Texas Project Principal of a Law Enforcement Compensation Study for Travis County, Texas Project Principal of a Study to Assess and Improve the Information Technology Career Ladder for Travis County, Texas Project Principal of a Compensation Market Review and Classification Study for the City of Austin, Texas Project Principal of a Classification and Compensation Study for the City of Gonzales, Texas Project Principal of a Human Resources Management Study for the City of Sunset Valley, Texas Project Principal of a Human Resources Department Assessment for the City of Buda, Texas 142 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 12 Project Director of a Pay Structure Study for the City of Fate, Texas Project Principal of a Classification/Compensation Plan Update for the City of Temple, Texas Project Principal of a Comprehensive Compensation and Classification Study for the City of Farmers Branch, Texas Project Principal of a Classification and Compensation Study for the City of Seguin, Texas Project Principal of a Comprehensive Compensation and Benefits Study for the City of Sachse, Texas Project Principal of a Pay and Classification Study for the City of Fredericksburg, Texas Project Principal of a Classification and Compensation Study for the City of Conroe, Texas Project Principal of a Comprehensive Compensation and Benefits Study for the City of Rowlett, Texas Project Principal of a Classification and Compensation Study for the City of Pflugerville, Texas Project Principal of Job Classification, Salary Survey, Compensation Plan Study Services for the City of Duncanville, Texas Project Principal of a Classification and Compensation Pay Plan for the City of Amarillo, Texas Project Principal of Employee Compensation Consulting Services for Fort Bend County, Texas Project Principal of a Pay for Performance Study and Salary Survey for the City of Mont Belvieu, Texas Project Director of a Compensation and Classification Study for the Town of Little Elm, Texas Project Principal of a Staffing and Efficiency Study for the Brazos River Authority, Texas Project Principal of a Compensation and Classification Study for the Brazos River Authority, Texas Project Principal of a Compensation and Classification Study and Organizational Review of the RSMU Department for Brazos River Authority, Texas 143 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 13 Project Principal of a Comprehensive Compensation and Classification Analysis for Barton Springs Edwards Aquifer Conservation District, Texas Project Principal of a Salary and Benefits Survey for Bexar Metropolitan Water District, Texas Project Principal of a Classification and Compensation Study and Performance Evaluation System for the City of Santa Fe, New Mexico Project Principal of a Compensation Study for the City of Carlsbad, New Mexico Project Principal of a Compensation Study for the Town of Sahuarita, Arizona Project Principal of an Employee Satisfaction Survey for the Town of Gilbert, Arizona Team Leader of a Disparity Study for Pima County and the City of Tucson, Arizona Project Principal of a Classification and Compensation Study for the City of Reno, Nevada Project Principal of a Comprehensive Management Review for the City of Fountain, Colorado Project Principal of a Strategic Planning Study for the City of Fountain, Colorado Project Principal of a Classification and Compensation Study for San Miguel County, Colorado Project Principal of a Pay for Performance Study for the City of Manitou Springs, Colorado Project Principal of a Classification, Compensation, and Benefits Survey for Kent County Levy Court, Delaware Project Principal of a Classification and Compensation Plan Review for the City of Annapolis, Maryland Project Principal of a Classification Desk Audit for the Tri-County Council for Southern Maryland Project Principal of a Wages and Salary Scale Study for Washington County, Maryland Project Principal of a Comprehensive Compensation Study for Allegany County, Maryland 144 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 14 Project Principal of a Salary and Benefits Review and Analysis for the City of Hyattsville, Maryland Project Principal of a Wages and Salary Scale Study for Washington County, Maryland Project Principal of a Compensation Analysis for the City of Hyattsville, Maryland Project Director of a Classification and Compensation Study for Gloucester County, Virginia Project Principal of a Classification and Compensation Study for the County of Northampton, Virginia Project Director of a Classification and Compensation Study for Montgomery County, Virginia Project Principal of a Compensation Study for the County of York, Virginia Project Principal of a Classification and Compensation Study for Surry County and Surry County Social Services, Virginia Project Principal of a Compensation and Classification Study for Prince George County, Virginia Project Principal of a Classification and Compensation Study for the City of Suffolk, Virginia Project Principal for a Compensation and Classification Study for Southeastern Public Service Authority, Virginia Project Principal of a Job Analysis and Salary Evaluation of Sheriff’s Office Positions for the City of Newport News, Virginia Project Principal of a Classification and Compensation Study for the City of Fredericksburg, Virginia Project Director of a Classification and Compensation Study for the County of Culpeper, Virginia Project Director of a Classification and Compensation Study for the Loudoun County, Virginia Project Principal of a Compensation Study for King George County, Virginia Technical Advisor of a Classification, Compensation, and Benefits Study for Spotsylvania County, Virginia 145 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 15 Project Principal of a Pay and Classification Study for the City of Williamsburg, Virginia Project Principal of a Classification and Compensation Study for Essex County, Virginia Project Principal of a Classification and Compensation Study for Alleghany County and the City of Covington, Virginia Project Principal of a Pay and Classification Study for the Isle of Wight County, Virginia Project Principal of a Salary Market Study and Personnel Systems Study for Virginia’s Region 2000 Local Government Council Project Principal of a Salary Comparability Study and Assessment of Pay- for-Performance Systems for the Housing Authority of the City of Winston-Salem, North Carolina Project Director of a Classification and Compensation Study and Benefits Survey for New Hanover County and New Hanover ABC Board, North Carolina Project Principal of a Position Classification and Compensation Study for Gaston County, North Carolina Project Principal of a Compensation and Classification Study for Union County, North Carolina Project Consultant of a Performance Audit of Lee County Government, North Carolina Assistant Project Director of a Performance Audit for the County of Davie, North Carolina Project Director of a Salary Equity Study for Guilford County, North Carolina Project Principal of Classification and Compensation Study and Benefit Survey for Cape Fear Public Utility Authority, North Carolina Project Principal of a Compensation and Classification Study for the City of Wilmington Housing Authority, North Carolina Project Principal of a Pay Equity Analytics Model for Fire and Police Staff for the City of Raleigh, North Carolina Project Principal of a Simple Comparison and Blended Market Comparison/Competency Market Analysis for the North Carolina League of Municipalities 146 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 16 Project Principal of a Classification and Compensation Study for Greensville County and the Greensville County Water and Sewer Authority, Virginia Project Principal of a Classification and Compensation Study for the Richland Library, South Carolina Project Principal of a Classification and Compensation Study for the Richland County Recreation Commission, South Carolina Project Principal of a Classification and Compensation Study for the City of Goose Creek, South Carolina Project Principal of an Employee Compensation and Job Classification Study for the City of Conway, South Carolina Project Director of a Compensation Study for the City of Chester, South Carolina Project Director of a Classification and Compensation Study for the City of Lancaster, South Carolina Project Principal of a Comprehensive Classification, Compensation, Performance Management, and Benefits Study for the City of Columbia, South Carolina Project Principal of a Wage and Compensation Study for the Town of Mount Pleasant, South Carolina Project Principal of a Compensation, Classification, and Performance Appraisal Study for the Spartanburg Housing Authority, South Carolina Project Principal of a Comprehensive Classification and Compensation Study for Greenville Water, South Carolina Project Principal of an Employee Evaluation System for the North Charleston Sewer District, South Carolina Project Principal of a Classification and Compensation Study for the Town of Hilton Head Island, South Carolina Project Principal of a Compensation and Classification Study for Charleston County Park and Recreation Commission, South Carolina Project Principal of a Compensation and Classification Study for City of Mauldin, South Carolina Project Principal of a Classification and Compensation Study for the City of Goose Creek, South Carolina Project Principal of a Wage and Compensation Study for the Town of Mount Pleasant, South Carolina 147 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 17 Project Director of a Classification and Compensation Study for the Municipal Association of South Carolina Project Consultant of a Classification and Compensation Study for the Berkeley-Charleston-Dorchester Council of Governments, South Carolina Project Principal of a Parity Study for Charleston County, South Carolina Project Director of a Structural and Compensation Systems Study for Charleston County, South Carolina Project Principal of a Classification and Compensation Study for Berkeley County, South Carolina Project Principal of a Classification and Compensation Study for Dorchester County, South Carolina Project Principal of a Salary Study and Position Descriptions for the Mississippi Regional Housing Authority, No. VII Project Director of the Development and Monitoring of an Affirmative Action Plan for the District of Columbia Water and Sewer Authority Project Principal of a Departmental Job Analysis, Classification, and Efficiency Study for Town of Colchester, Vermont Project Principal of a Compensation Study for the Chittenden County Regional Planning Commission, Vermont Project Director for Community Visioning and Strategic Planning for the Town of Colchester, Vermont Project Principal of a Classification and Compensation Study for Rhode Island Housing Project Principal of a Comprehensive Study of Positions within Pittsburgh City Government for the City of Pittsburgh, Pennsylvania Project Principal of a Compensation Study for the County of Montgomery, Pennsylvania Project Principal of a Gender and Race Equity Audit for the County of Allegheny, Pennsylvania Project Principal of a Classification and Compensation Study for Sedgwick County, Kansas Project Principal of a Classification and Compensation Study for St. Charles County, Missouri Project Principal of a Compensation and Classification Study for Jefferson County, Missouri 148 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 18 Project Principal of a Compensation and Classification Study for Clay County, Missouri Project Principal of a Compensation Study for the City of Lee’s Summit, Missouri Project Principal of a Compensation and Classification Study for the City of Branson, Missouri Project Principal of an Employee Satisfaction Survey for the City of Columbia, Missouri Project Principal of a Performance Appraisal System for the City of Columbia, Missouri Project Principal of a Job Analysis Study of Public Safety Positions for the City of Kalamazoo, Michigan Project Principal of a Compensation Study for the Washtenaw Community College, Michigan Project Principal of a Salary Comparability Study for the Springfield Housing Authority, Illinois Project Director of a Wage, Salary, and Comparability Study for the Peoria Housing Authority, Illinois Project Principal of a Salary and Benefit Study for the City of Bloomington, Indiana Project Principal of an Employee Classification and Compensation Study, Job Description Appraisals, and Update of Compensation Plan for the Lorain Metropolitan Housing Authority, Ohio Project Principal of a Market Salary Survey for the Lorain Metropolitan Housing Authority, Ohio Project Principal of a Compensation and Classification Study for the Central Ohio Transit Authority Project Principal of an Employee Compensation and Classification Study for Mahoning County, Ohio Project Principal of an Employee Classification and Compensation Study for Blount County, Tennessee Project Principal of a Salary Study for Davidson Metropolitan Transit Authority, Tennessee Project Principal of a Compensation Salary Study Review for Davidson Transit Organization, Tennessee 149 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 19 Project Principal of a Consulting Services for a Job Evaluation/Wage Survey Analysis for the Fort Wayne-Allen County Airport Authority, Indiana Project Principal of a Salary and Benefits Study for the City of Bloomington, Indiana Education Experience Project Principal of a Human Resources Department Evaluation for Sam Houston State University, Texas Project Director of a Classification and Compensation Study for the Lone Star College System, Texas Project Principal of a Job Classification and Compensation Study for El Paso Community College District, Texas Project Principal of a Salary Study for Sul Ross State University, Texas Project Director of a Compensation and Classification Study for Midwestern State University, Texas Project Director of a Staffing Analysis for Midwestern State University, Texas Project Principal of a Faculty Pay, Workload, and Promotion Study for Midwestern State University, Texas Project Director of a Compensation and Classification Study for the Tarrant County College District, Texas Project Principal of an Employee Compensation Study for the Tarrant County College District, Texas Project Director of an HR Department Roles & Responsibilities Analysis for the Tarrant County College District, Texas Project Director of an Update of Policies for Faculty Placement, Promotions, and Advancement for the Tarrant County College District, Texas Project Principal of a Non-Faculty Compensation Review for Austin Community College, Texas Project Principal of a Compensation Study for South Texas College Project Director of Classification and Compensation Advisory Services for Maricopa County Community College District, Arizona Project Director of a Faculty Compensation Market Survey for Maricopa County Community College District, Arizona 150 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 20 Project Principal of a Job Audit Services Study for Gadsden Independent School District, New Mexico Project Principal of a Human Resources Pay and Classification Study for Albuquerque Public Schools, New Mexico Project Director for a Compensation Study for the New Mexico Military Institute Project Director of a Compensation Study for Santa Fe Community College, New Mexico Project Director of a Compensation Review for Clark College, Washington Project Director of a Market and Total Compensation Study for Central Community College, Nebraska Team Leader for the Human Resources component of a Comprehensive Management Study and a Strategic Planning Study for the Los Angeles Unified School District, California Project Principal of a Compensation Study for Florida Virtual School Project Principal of Classification and Compensation Study Services for Hillsborough Community College, Florida Project Principal of a Compensation and Classification Study for Edison State College, Florida Project Principal of a Compensation and Classification Study for Palm Beach State College, Florida Project Director of a Staff Classification and Compensation Study for St. Johns River State College, Florida Project Principal of a Salary Analysis for Palm Beach State College, Florida Project Principal of a Performance Management Study for Seminole State College, Florida Project Principal of Compensation Consulting Services for the State College of Florida – Sarasota-Manatee Team Leader of Information Technology Supplemental Staffing Services for Hillsborough County Public Schools, Florida Project Principal of a Compensation and Classification Study for Brevard County Schools, Florida 151 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 21 Project Principal of a Districtwide Job Classification and Compensation Study for the Escambia County School District, Florida Project Principal of a Position Classification Study of St. Lucie County Schools, Florida Team Leader for the Human Resources Review of an Administrative Study of the Monroe County School District, Florida Project Director for a Compensation and Classification Study for Tuscaloosa City Schools, Alabama Project Principal for a Compensation and Classification Study for Douglas County School System, Georgia Project Principal of a Compensation and Classification Study for Atlanta Public Schools, Georgia Project Principal of a Superintendent Salary Review for Atlanta Public Schools, Georgia Project Principal of a Salary Study for Atlanta Metropolitan College, Georgia Project Principal of a Compensation and Classification Study for Sumter County Schools, Georgia Project Principal of a Market Salary Survey for Missouri Western State University, Missouri Project Principal of a Classification and Compensation Plan for Non- Faculty Positions and Non-Exempt Positions for Missouri Southern State University, Missouri Project Principal of a Compensation and Classification Study for the Liberty Public School District No. 53, Missouri Project Director of an Employee Classification and Compensation Study for McHenry County College, Illinois Project Director of a Compensation Study for Shawnee Community College, Illinois Project Director of a Performance Management Study for Morehead State University, Kentucky Project Principal of a Job Classification and Compensation Study for Chesapeake College, Maryland Project Director of a Job Classification and Compensation Study for Howard Community College, Maryland 152 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 22 Project Director of a Compensation Study for Harford Community College, Maryland Project Director of a Job Classification and Compensation Analysis for Wor-Wic Community College, Maryland Project Director of a Pay Compression Study for Allegany College of Maryland Project Director of a Job Classification and Compensation Review for Morgan State University, Maryland Project Director of a Job Classification and Compensation Analysis for Carroll Community College, Maryland Project Director of a Position Classification and Compensation Analysis for the College of Southern Maryland Project Director of an Employee Classification and Compensation Analysis for Manassas City Public Schools, Virginia Project Principal of a Compensation Study for the York County School Division, Virginia Project Principal of a Classification and Compensation Study for Culpeper County Public Schools, Virginia Technical Advisor of a Compensation Study for Pittsylvania County Schools, Virginia Project Director of a Salary Scale Study for Loudoun County Public Schools, Virginia Project Principal of a Classification and Compensation Study for Williamsburg-James City County Public Schools, Virginia Technical Advisor of a Compensation and Classification Study for Prince George County Public Schools, Virginia Project Principal of a Compensation Study for Montgomery County Public Schools, Virginia Project Principal of a Classification and Compensation Study for Clarke County Public Schools, Virginia Project Principal of a Pay Plan Study for Salem City Schools, Virginia Project Principal of a Classification and Compensation Study for Lutheran Family Services of Virginia, Inc Project Director of a School Efficiency Review for the City of Martinsville Schools, Virginia 153 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 23 Project Consultant of an Efficiency Review for Stafford County Public Schools, Virginia Project Principal of a Compensation and Classification Study for Suffolk Public Schools, Virginia Project Principal of a Classification and Compensation Plan Update for Suffolk Public Schools, Virginia Team Leader for Human Resources on School Efficiency Reviews for Covington City and Alleghany County Public School Divisions, Virginia Project Principal of a Classification and Compensation Study for Richland County School District One, South Carolina Project Principal of a Compensation and Staffing Study for Pickens County School District, South Carolina Assistant Project Director of a Financial Review of Davie County Public Schools, North Carolina Project Consultant of a Financial Review of Lee County Public Schools, North Carolina Project Principal of a Comprehensive Salary Study for Chatham Public Schools, North Carolina Assistant Project Director of a Classified Employment Study for Chapel Hill-Carrboro City Schools, North Carolina Project Director of a Compensation and Classification Study for Wake Technical Community College, North Carolina Project Director of a Benefits and Compensation Study for Corning Community College, New York Project Director of a Faculty Salary Compression Study for Corning Community College, New York Project Director of a Total Compensation Study for Finger Lakes Community College, New York Project Principal of a Position Description Review and Salary Comparison Analysis for Purchase College, State University of New York Project Director a Compensation, Classification, and Organizational Study for SUNY Ulster, New York Project Director for of a Management Classification and Compensation Study for Middlesex Community College, New Jersey 154 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 24 Project Consultant of a School District Operations and Staffing Study for Needham Public Schools, Massachusetts Project Consultant of an Organizational, Effectiveness, and Efficiency Study for Manchester Public Schools, Connecticut Team Leader for Technology in a Management Curriculum Audit of the Guam Public School System Team Leader for an Organizational and Operational Review of Philadelphia Public Schools, Pennsylvania Project Director of a Comprehensive Compensation, Classification, and Organization Design and Structure Study for Portland Public Schools, Maine State Government Experience Project Principal of a Comprehensive Human Resources Operations and Process Review Summary for the Nebraska Department of Health and Human Services Team Leader of an Evaluation of the Implementation of the Race to the Top Grant for the Florida Department of Education. Project Principal of a Business Case Analysis for the Florida Department of Veteran Affairs Project Principal of a Child Care Inspection Assessment for the Florida Department of Children and Families Project Principal of an Affirmative Action Planning Project for the Department of Management Services, Florida Project Principal of an Information Technology Change Management Study for the Florida Department of Business and Professional Regulation Project Principal of a Compensation and Classification Study for the Florida State Board of Administration, Florida Project Principal of a Human Resources Best Practices Study for the Florida Department of Management Services Project Principal of a Statewide Human Resources Strategic Plan for the Florida Department of Management Services Team Leader of a Disparity Study for the State of Alaska Team Leader of a Disparity Study for the State of Montana Team Leader of a Disparity Study for the State of Colorado 155 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 25 Other Experience Project Principal of a Human Resources Audit for the Association for Institutional Research Project Principal of an IT Strategic Plan for the Florida Association of Counties Project Principal of a Compensation Study for the Florida Association of Counties Project Principal of a Human Resources Consulting Services Study for the FACC Services Group, Florida Project Principal of a Compensation Analysis for the Florida Telecommunications Relay, Inc. Project Principal of a Rate Competitiveness Assessment Study for the Florida Association of Court Clerks (FACC) Project Principal of an Organizational Study for the Florida Clerks of Court Operations Corporation (FCCOC) Project Principal of a Compensation and Classification Analysis for FACC Project Director of a Pay Plan Market Value Study for the Florida Board of Bar Examiners Project Principal of a Business Model Assessment for the Florida Institute of Certified Public Accountants, Florida Project Principal of the Collection and Analysis of Market Data for the Confidential Office Personnel Association Project Principal of a Compensation and Classification Plan Update for the Florida League of Cities Project Principal of a Compensation Study for the Florida League of Cities Project Principal of an Organizational Review for Florida Prepaid College Fund Project Principal of a Compensation Study for the Florida Association of Counties Project Principal of a Compensation and Classification Study for Community Action Stops Abuse (CASA), a non-profit organization dealing with domestic violence issues 156 Dr. Jeffrey Ling Evergreen Solutions, LLC Page 26 Project Principal of a Pay, Compensation, and Classification Study for Community Action Stops Abuse, Florida Employee Training to the City of Tallahassee, Florida for Doing More with Less, Emotional Intelligence, and Goal Setting Employee Training for the City of Destin, Florida for How to Conduct an Environmental Scan and Strategic Planning Facilitation Presentations American Political Science Association International Personnel Management Association Florida State Personnel Association Florida Professional Association for Human Resources Florida Public Human Resources Association, Inc National Association of State Personnel Executives Florida Government Technology Conference Florida Government Information Services Association Georgia Board of Health Conference National Association of Workforce Boards Kansas Public Personnel Conference Texas County Leadership Institute Workforce Planning for the 21st Century 157 Evergreen Solutions, LLC Page 1 Ms. Nancy B. Berkley Project Director Evergreen Solutions, LLC Ms. Berkley has 30 years HR experience demonstrating knowledge of multiple human resources (HR) disciplines including, recruiting and staffing, workforce planning and retention, on-boarding, compensation and benefits, employee and labor relations, employee leave administration, voluntary and in-voluntary employee separations, performance management, employee surveys, organizational design and development, organization effectiveness, employee learning, training, and development, employee records administration and retention, and awards and recognition programs. She has consistently enhanced organizational capability by integrating HR with strategic business planning, development and assessment. She has provided individualized executive coaching and led HR team development and high performance teams. She has led corporate change initiatives and built talent-rich organizations by strengthening people and integrating processes and has directed human resources in high-volume, transactional service organizations and high-level, consulting organizations. She has excellent conflict resolution, negotiation, and influencing skills. Education Bachelor’s Degree in Psychology, Florida State University Certifications / Memberships SPHR (1997 - 2012); Member, Society of Human Resources Management Professional and Business History Manager, Evergreen Solutions, Tallahassee, FL, January 2013 to Present Project Director of a Compensation Analysis for the City of Alpharetta, Georgia Project Director of a Classification and Compensation Study and Analysis for the City of Douglasville, Georgia Project Director of a Compensation and Classification Study and Analysis for the City of Dublin, Georgia Project Director of an Employee Classification and Compensation Study for the City of Savannah, Georgia Project Director of a Pay and Classification Study for the City of Fayetteville, Georgia Project Director of a Compensation and Classification Study for the City of Brookhaven, Georgia 158 Ms. Nancy B. Berkley Evergreen Solutions, LLC Page 2 Project Director of a Classification and Compensation Study for the City of Commerce, Georgia Project Director of a Comprehensive Position Classification and Compensation/Benefits Study and Analysis for the City of Woodstock, Georgia Project Director of a Wages and Salaries Compensation Study for the City of Stockbridge, Georgia Project Director of a Compensation Study for the City of Dalton, Georgia Assistant Project Director of a Compensation Study for the City of Statesboro, Georgia Project Director of a Comprehensive Compensation and Classification Study for the City of Tybee Island, Georgia Project Director of a Comprehensive Classification and Compensation Study for the City of Garden City, Georgia Project Director of a Salary and Benefits Survey for the City of Roswell, Georgia Project Director of a Compensation and Benefits Study for Cherokee County, Georgia Project Director of a Compensation and Benefits Study and Analysis for the City of Dahlonega, Georgia Project Director a Pay and Classification Study for Worth County, Georgia Project Director a Classification and Compensation Study and Analysis for the City of Villa Rica, Georgia Project Director of a Pay and Classification Study for the City of Chamblee, Georgia Project Director of a Salary Survey for the City of Dunwoody, Georgia Project Director of a Classification and Compensation Study and Analysis for Douglas County, Georgia Project Director of a Job Description/Classification Study and Analysis for Douglasville-Douglas County Water and Sewer Authority, Georgia Project Director of a Compensation and Benefits Survey for Forsyth County, Georgia Project Director of a Compensation Market Study and Survey for Forsyth County, Georgia 159 Ms. Nancy B. Berkley Evergreen Solutions, LLC Page 3 Project Director of a Classification and Compensation Study for Lumpkin County, Georgia Project Director of a Comprehensive Compensation and Classification Study for the City of Forest Park, Georgia Project Director of a Compensation Plan Update for the City of Garden City, Georgia Project Director of a Position and Compensation Study for the Florida Keys Aqueduct Authority Project Director of a Pay and Classification Study for the Florida Keys Aqueduct Authority Project Director of a Job Classification and Compensation Study for the Utilities Commission, City of New Smyrna Beach, Florida Project Consultant of a Salary Survey for the City of Dania Beach, Florida Project Director of a Classification and Compensation Study for the City of Destin, Florida Project Director of a Classification and Compensation Study for the City of Delray Beach, Florida Project Director of a Classification, Compensation, and Benefits Study for the Town of Jupiter, Florida Project Director of a Compensation and Classification Study for the City of North Port, Florida Project Director of a Classification and Compensation Study for the Town of Cutler Bay, Florida Assistant Project Director of a Comprehensive Compensation and Classification Study for the City of Panama City, Florida Project Director of Compensation Consulting Services for the Town of Longboat Key, Florida Project Director of a Comprehensive Compensation and Classification Study for the City of Panama City Beach, Florida Project Director of a Compensation Plan Update for the City of Panama City Beach, Florida Project Director of a Salary Plan Update for the Flagler County Sheriff’s Office, Florida Project Director of a Pay and Classification Study for the City of Fort Walton Beach, Florida 160 Ms. Nancy B. Berkley Evergreen Solutions, LLC Page 4 Project Director of a Compensation Study for Lake County, Florida Project Consultant for the Collection and Analysis of Market Data for the Confidential Office Personnel Association, Florida Project Director of a Compensation Update and Performance Evaluation Study for Lake County, Florida Assistant Project Director of a Compensation and Classification Study for Miami Shores Village, Florida Project Consultant for Compensation Consulting Services for the State College of FL – Sarasota-Manatee Project Director of a Salary Survey for the School Board of Sarasota County, Florida Assistant Project Director of a Pay Plan Market Value Study for the Florida Board of Bar Examiners Project Director of FLSA Audits for the Southwest Florida Water Management District Project Director of a Compensation Study for the Southwest Florida Water Management District Project Director of FLSA Audits and Salary Survey for the South Florida Water Management District Project Consultant of Human Resources Consulting Services for the Orange County Library System, Florida Project Director of a Compensation Analysis for the Florida Telecommunications Relay, Inc. Project Director of a Pay and Classification Study for Martin County, Florida Project Director of a Compensation and Classification Study for Highlands County, Florida Project Consultant of a Compensation Study for the Village of North Palm Beach, Florida Project Director of a Compensation and Benefits Study for the Town of Palm Beach, Florida Assistant Project Director of a Compensation Study for the City of Hollywood, Florida Project Director of the Development of a Step Pay Plan for the Flagler County Sheriff’s Office, Florida Project Director of Job Audits for the City of Gainesville, Florida 161 Ms. Nancy B. Berkley Evergreen Solutions, LLC Page 5 Project Director of Compensation and Classification Study for Alachua County, Florida Project Consultant of Compensation and Classification Study Services for Monroe County, Florida Project Director of a Pay and Classification Study for the City of Jacksonville Beach, Florida Project Consultant of a Compensation Study for The Florida Bar Assistant Project Director of a Compensation and Classification Study for Tuscaloosa City Schools, Alabama Assistant Project Director of a Salary Equity Study for Guilford County, North Carolina Project Director of a Position Classification and Compensation Study for Gaston County, North Carolina Project Director of a Compensation and Classification Study for Union County, North Carolina Project Director of a Pay and Classification Study for Buncombe County, North Carolina Project Consultant of a Classification and Compensation Study and Benefits Survey for New Hanover County and New Hanover ABC Board, North Carolina Project Consultant of a Classified Employment Study for Chapel Hill- Carrboro City Schools, North Carolina Project Director of a Compensation and Classification Study for Transylvania County, North Carolina Project Director of a Classification and Compensation Study for Berkeley County, South Carolina Project Director of a Pay and Classification Study for the Town of Moncks Corner, South Carolina Project Director of a Classification and Compensation Study for the Town of Hilton Head Island, South Carolina Project Director of a Classification and Compensation Study for the City of Goose Creek, South Carolina Project Director of a Comprehensive Classification, Compensation, Performance Management, and Benefits Study for the City of Columbia, South Carolina 162 Ms. Nancy B. Berkley Evergreen Solutions, LLC Page 6 Project Director of a Classification and Compensation Study for the Richland Library, South Carolina Project Director of an Employee Evaluation System for the North Charleston Sewer District, South Carolina Assistant Project Director of a Classification and Compensation Study for the Town of Little Elm, Texas Project Director of a Comprehensive Compensation and Classification Study for the City of Farmers Branch, Texas Project Director of a Comprehensive Compensation and Benefits Study for the City of Rowlett, Texas Project Director of a Human Resources Department Assessment for the City of Buda, Texas Project Director of a Classification and Compensation Study for the City of Pflugerville, Texas Project Director of a Classification and Compensation Study for the City of Conroe, Texas Project Consultant of a Classification and Compensation Study for the Lone Star College System, Texas Project Consultant of a Job Classification and Compensation Study for El Paso Community College District, Texas Project Consultant of a Compensation Study for South Texas College Project Consultant of a Non-Faculty Compensation Review for Austin Community College, Texas Project Director of Project Consultant of a Compensation and Classification Study for Brazoria County, Texas Project Director of a Classification and Compensation Plan Review for the City of Annapolis, Maryland Project Director of Classification and Compensation Study Services for the City of Westminster, Maryland Project Director of a Wages and Salary Scale Study for Washington County, Maryland Assistant Project Director of a Pay Compression Study for Allegany College of Maryland Project Consultant of a Job Classification and Compensation Study for Chesapeake College, Maryland 163 Ms. Nancy B. Berkley Evergreen Solutions, LLC Page 7 Assistant Project Director of a Job Classification and Compensation Review for Morgan State University, Maryland Project Director of a Compensation Study for the City of Hagerstown, Maryland Project Director of a Pay and Classification Study for the City of Williamsburg, Virginia Project Director of a Pay and Classification Study for the Isle of Wight County, Virginia Project Director of a Compensation Study for King George County, Virginia Project Consultant of a Classification and Compensation Study for Gloucester County, Virginia Project Director of a Classification and Compensation Study for Essex County, Virginia Project Consultant of a Compensation and Classification Study for Montgomery County, Virginia Project Director of a Classification and Compensation Study for Alleghany County and the City of Covington, Virginia Project Consultant of a Salary Scale Study for Loudoun County Public Schools, Virginia Project Consultant of a Compensation Study for the York County School Division, Virginia Project Consultant of a Classification and Compensation Study for Culpeper County Public Schools, Virginia Project Consultant of a Salary Market Study and Personnel Systems Study for Virginia’s Region 2000 Local Government Council Project Consultant of a Performance Management Review for Morehead State University, Kentucky Project Consultant of a Classification and Compensation Study for Sedgwick County, Kansas Project Director of a Classification and Compensation Study for Jefferson County, Missouri Project Director of a Compensation and Classification Study for the Central Ohio Transit Authority Project Director of a Compensation Update for the Central Ohio Transit Authority 164 Ms. Nancy B. Berkley Evergreen Solutions, LLC Page 8 Project Director of a Classification and Compensation Study for Blount County, Tennessee Project Consultant of a Comprehensive Compensation, Classification, and Organizational Design and Structure Study for Portland Public Schools, Maine Project Consultant of a Compensation and Classification Study for the Liberty Public School District No. 53, Missouri Project Consultant of Classification and Compensation Advisory Services for Maricopa County Community College District, Arizona Project Director of a Classification Study and a Compensation Survey for the City of Page, Arizona Project Director of a Non-Union Compensation Study for Boston Public Health Commission, Massachusetts HR Director, Children’s Home Society of Florida, Tallahassee, FL, June 2010-February 2012 Directed all human resources field operations for a region in Florida while ensuring efficient delivery of human resources support to include new hire orientation, staffing, workforce management, performance management, associate relations, supervisory training, and executive coaching. Built strong relationships with executive leaders and local management to provide superior, business specific human resources support. Investigated complex employee relation issues and recommended positive resolutions, followed by zero employee actions taken outside the agency. Consultant & Healthcare Advocate, Health First Aging Institute, Merritt Island, FL, February 2009-May 2010 Developed strategy for corporate effort to increase resources for employee and community caregivers of the elderly; based on feedback from facilitated caregiver focus groups. Served as an advocate, managing health, financial, and legal matters on specific case-by-case basis for adults suffering from dementia. (Provided in- home, 24/7 care for elderly parents during this period.) District HR Manager, The Home Depot, Lake Wales, FL, February 2007-Aug 2008 Managed, administered, and provided day-to-day human resources services for a store. Influenced positive associate relations in a store that was experiencing low morale and numerous employee issues. Actively led strategies and modeled behavior to create an environment that rewarded and recognized individual and team success. Promoted to district manager for associate relations supporting eight-store district. Facilitated fair and consistent 165 Ms. Nancy B. Berkley Evergreen Solutions, LLC Page 9 resolution of employee concerns across the district. Coached store leaders on effective staff management, motivation, and retention, and designed a district-wide process to improve associate attendance and engagement. Diversity Program Manager/Senior HR Business Partner, Rockwell Collins, Cedar Rapids, IA, Oct 2005-February 2007 Strategically partnered with engineering business leaders in providing advice and guidance on HR policies, administration, organization design, change management, and team development. Trusted to design specific approach to increase teamwork in high tech leader group. Selected as corporate Diversity Program Manager to plan diversity program strategy and educate management on Equal Employment Opportunity (EEO) and Affirmative Action Plan (AAP) plans, programs, and areas for improvement. Successfully developed EEO training program for leaders across the company. HR Senior Manager/Employee Involvement Program Manager, The Boeing Company, Kennedy Space Center, FL, July 1996-September 2005 Directed post-acquisition integration of human resources activities following McDonnell Douglas merger with Boeing. Selected to integrate six organization’s human resources staff, policies, processes and practices. Recognized by senior leaders for forward thinking, flexible, integrated approach to developing teams of generalists and specialists responsible for staffing, on boarding, development, performance management, succession planning, and total compensation. Selected to utilize broadly defined employee involvement strategies to construct viable, business specific approach for Boeing employees at the Kennedy Space Center (~3000 employees.) Recognized by site leaders for facilitating a cultural shift to team-based program environment. Consulted with Boeing Leadership Center as a member of the corporate learning council. Managed various human resources and learning budgets of approximately $1M+. HR Senior Manager, McDonnell Douglas Corporation, Kennedy Space Center, FL, December 1980-July 1996 Progressed through increasingly responsible positions as human resources expert and business partner supporting business goals while managing teams, programs, and human resources information systems (HRIS.) Designed, implemented, and monitored the company’s first job posting program. Procured and administered an applicant tracking system, and gained autonomous HRIS capability for unique business needs. Designed monitoring system for Affirmative Action Program (AAP) goal efforts. Created recruitment strategies that increased representation of women and minorities. Key Achievements, Responsibilities • Designed and implemented a shared service, centralized virtual staffing organization for statewide agency, increasing efficiency of staffing function for hiring managers. 166 Ms. Nancy B. Berkley Evergreen Solutions, LLC Page 10 • Analyzed and responded to employee relation trends; positively influenced work environments reducing employee complaints by ~90 percent. • Consulted with senior leaders and successfully led project teams to develop new policies, programs and tools; including total revision and communication of a company’s HR policies and practices to be in accordance with state and federal laws. • Created HR metrics reviews utilizing business goals and human resources information systems data; set improvement goals and developed action plans for unique business requirements. • Designed succession and development plans for high tech engineering leaders, and multi-level business units; compiling all data for senior executive delivery and review. • Developed and implemented Employee Involvement (EI) (Engagement) strategy; measured its success, and applied EI tools with Lean manufacturing processes to facilitate objective results. • Conceptualized and implemented complex workforce reduction plans; then redeployed ~50 percent of the affected employees. • Integrated three training groups into one cohesive team; concept was replicated in other business units. • Participated on Boeing company-wide learning council; provided unique perspective of a location site with multiple operating business units with different or competing needs. • Represented companies in state and federal agency reviews, e.g. Office of Federal Contract Compliance Program (OFCCP) reviews, Equal Employment Opportunity Commission (EEOC) charges, workers compensation charges, and unemployment compensation claims. • Participated on company labor negotiations teams and interpreted and implemented contract language for work performed on service contracts. 167 Evergreen Solutions, LLC Page 1 Mr. Samuel Aaron Wilburn Project Consultant Evergreen Solutions, LLC Education MBA., Florida State University, Tallahassee, FL, May 2018 B.S., Civil and Environmental Engineering, Florida State University, Tallahassee, FL, May 2014 A.A., College of Central Florida, Ocala, FL, August 2009- July 2011 Professional and Business History Evergreen Solutions, LLC, Consultant, May 2018 to present. Project Consultant of a Classification and Compensation Study and Analysis for the City of Douglasville, Georgia Project Consultant of a Compensation and Classification Study and Analysis for the City of Dublin, Georgia Project Consultant of a Pay and Classification Study for the City of Fayetteville, Georgia Project Consultant of a Classification and Compensation Study for the City of Commerce, Georgia Project Consultant of a Comprehensive Position Classification and Compensation/Benefits Study and Analysis for the City of Woodstock, Georgia Project Consultant of a Compensation Study for the City of Dalton, Georgia Project Consultant of a Wages and Salaries Compensation Study for the City of Stockbridge, Georgia Project Consultant of a Compensation and Benefits Study for Cherokee County, Georgia Project Consultant a Pay and Classification Study for Worth County, Georgia Project Consultant of a Compensation Market Study and Survey for Forsyth County, Georgia Project Consultant of a Classification and Compensation Study and Analysis for the City of Villa Rica, Georgia 168 Mr. Samuel Aaron Wilburn Evergreen Solutions, LLC Page 2 Project Consultant of and a Salary Survey for the City of Dunwoody, Georgia Project Consultant of a Comprehensive Compensation and Classification Study for the City of Forest Park, Georgia Project Consultant of a Compensation Plan Update for the City of Garden City, Georgia Project Consultant of a Compensation and Benefits Study for the Town of Palm Beach, Florida Project Consultant of a Pay and Classification Study for the Florida Keys Aqueduct Authority Project Consultant of a Salary Survey for the School Board of Sarasota County, Florida Project Consultant of a Compensation Analysis for the Florida Telecommunications Relay, Inc. Project Consultant of a Job Classification and Compensation Study for the Utilities Commission, City of New Smyrna Beach, Florida Project Consultant of a Pay and Classification Study for the City of Jacksonville Beach, Florida Project Consultant of a Compensation Study for the Southwest Florida Water Management District Project Consultant of a Compensation Study for The Florida Bar Project Consultant of a Classification and Compensation Study for the City of Conroe, Texas Project Consultant of a Compensation and Classification Study for Brazoria County, Texas Project Consultant of a Pay and Classification Study for Buncombe County, North Carolina Project Consultant of a Compensation and Classification Study for Transylvania County, North Carolina Project Consultant of an Employee Evaluation System for the North Charleston Sewer District, South Carolina Project Consultant of Classification and Compensation Study Services for the City of Westminster, Maryland Project Consultant of a Compensation Study for the City of 169 Mr. Samuel Aaron Wilburn Evergreen Solutions, LLC Page 3 Hagerstown, Maryland Project Consultant of a Non-Union Compensation Study for Boston Public Health Commission, Massachusetts Civil/Environmental Engineer, Wilburn Construction, Inc., Inverness, FL May 2014 - May 2018 • Acted as Project Superintendent overseeing new construction from ground-up or remodel jobs. Created draft detailed construction drawings with full sets of residential and commercial floor plans, and site/civil drawings projects including drainage and land grading. • Performed drainage calculations for appropriate size and location of retention ponds. • Coordinated and consulted with customers on design, layout and/or detail components. Intern, FSU Friends of Internationals, May - August 2013 • Planned and coordinated social activities, events, and conversation partners for international students. • Organized grocery-related transportation schedule for international students. Draftsman, Wilburn Construction, Inc., Inverness, FL, August 2008 – July 2011 • Prepared detailed drawings for floor plans, elevations, sections and details. • Developed skills for framing, plumbing, drywall, demolition, site work and grading. Proactive/ Volunteer Experience Assistant Coach, Inverness Little League, Inverness, FL, February 2017- May 2017 • Helped head coach with weekly games and practices for co-ed Rookie League baseball team (ages 6-8). Personnel Team Member, Cornerstone Baptist Church, Inverness, FL, May 2016- May 2017 • Assisted in interviewing and hiring process of new Youth Minister and new Children's Director. Sunday School Teacher, Cornerstone Baptist Church, Inverness, FL, 170 Mr. Samuel Aaron Wilburn Evergreen Solutions, LLC Page 4 March 2015-May 2017 • Grew weekly attendance from 2 to 27 for College/Young Adult class over 2 years. • Community service, Dedicated 400+ hours towards natural disaster relief, child daycares and orphanages, senior nursing homes, and poverty-stricken areas including, but not limited to the following mission trips: • Mission Fuge; Charleston, SC and West Palm Beach, FL (Trip Leader), June 2007, June 2016 • Kids International Ministries; Cointa, Philippines, July 2015 • World Changers; New Orleans, LA and Juana Diaz, Puerto Rico July 2007, June 2008 Academic Clubs MBA Association (MBAA), Vice President, Florida State University, Summer 2017 Baptist Collegiate Ministry (BCM), Florida State University, Fall 2011 - Spring 2014 Positions held: Treasurer, Facilitator, Garnet and Gold Guys, FSU State- wide Student Representative Physics, Calculus, and Engineering Club (PCE), Member, College of Central Florida, Fall 2010 - Summer 2011 Licenses/ Skills Certified Building Contractor- FL License Number: CBC1261786 Engineering Intern (E.I.)- FL License Number: 1100019046, August 2008 - July 2011 Proficient in Microsoft Word, Excel, PowerPoint, AutoCAD, Autodesk Inventor, Modret, ProPresenter, QuickBooks Experienced Excavator and Tractor Operator 171 Evergreen Solutions, LLC Page 1 Angele Yazbec, Ph.D. Project Consultant Evergreen Solutions, LLC Education Ph.D., Florida State University, Tallahassee, FL, May 2019 M.S., Cognitive Psychology, Florida State University, Tallahassee, FL, December 2016 B.S., Psychology, minor in Applied Statistics, Grand Valley State University, Allendale, MI, April 2014 Professional and Business History Evergreen Solutions, LLC, Senior Analyst, August 2018 to present Senior Analyst for a Comprehensive Position Classification and Compensation/Benefits Study and Analysis for the City of Woodstock, Georgia Senior Analyst for a Compensation Study for the City of Dalton, Georgia Project Consultant of a Comprehensive Compensation and Classification Study for the City of Forest Park, Georgia Project Consultant of a Compensation Study for the City of Orlando, Florida Project Consultant for a of a Pay and Classification Study for the City of Jacksonville Beach, Florida Project Consultant of a Compensation Study for the Southwest Florida Water Management District Project Consultant of a Compensation Study for The Florida Bar Project Consultant of a Compensation and Classification Study for Transylvania County, North Carolina Project Consultant of an Employee Compensation Project for Tarrant Community College District, Texas Project Consultant of a Compensation and Classification Study for Brazoria County, Texas Project Consultant of a Classification and Compensation Study for Shawnee Community College, Illinois 172 Dr. Angele Yazbec Evergreen Solutions, LLC Page 2 Project Consultant of a Compensation Study for the City of Hagerstown, Maryland Project Consultant of a Compensation, Classification, and Organizational Design Study for SUNY Ulster, New York Project Consultant of a Classification & Compensation Study for Santa Fe Community College, New Mexico Early Childhood Development Intern, Fisher-Price, Inc., East Aurora, NY May-August 2017 Conducted observational studies on play sessions for children 0-5 years-old. Created executive summaries to provide recommendations for product improvement to engineers and designers. Conducted survey studies on parent satisfaction with various products. Analyzed the data and created reports with the findings. Volunteer Experience Assistant Pitching Coach, South Farmington Softball, Farmington Hills, MI, 2012-14. Helped head coach with weekly games and practices for girls’ softball team (8-14 years-old) Student Co-Chair for Graduate Research Day, Psychology Department at Florida State University, Tallahassee, FL, 2015-17 Kids Volunteer, City Church, Tallahassee, FL, October 2017-present Computer Skills Proficient in Microsoft Word, Excel, PowerPoint, SPSS, R, Mplus 173 Evergreen Solutions, LLC Appendix C Sample Report 174 October 1, 2019 Classification and Compensation Study for the City of Commerce, GA FINAL REPORT 175 PAGE 1.0 INTRODUCTION .......................................................................................................... 1-1 1.1 Study Methodology ............................................................................................ 1-2 1.2 Report Organization........................................................................................... 1-3 2.0 ASSESSMENT OF CURRENT CONDITIONS ................................................................ 2-1 2.1 Pay Plan Analysis ............................................................................................... 2-1 2.2 Employee Salary Placement by Grade ............................................................. 2-9 2.3 Salary Quartile Analysis .................................................................................. 2-14 2.4 Employees by Department ............................................................................. 2-16 2.5 Summary ......................................................................................................... 2-17 3.0 SUMMARY OF EMPLOYEE OUTREACH ................................................................... 3-1 3.1 General Feedback ............................................................................................. 3-1 3.2 Compensation .................................................................................................... 3-1 3.3 Classification ...................................................................................................... 3-2 3.4 Market Peers ..................................................................................................... 3-2 3.5 Benefits .............................................................................................................. 3-3 3.6 Performance Evaluation .................................................................................... 3-3 3.7 Summary ............................................................................................................ 3-3 4.0 MARKET SUMMARY ................................................................................................... 4-1 4.1 Public Sector Salary Survey Results ................................................................. 4-1 4.2 Private Sector Market Data .............................................................................. 4-5 4.3 Salary Survey Summary .................................................................................... 4-6 4.4 Benefits Survey Results .................................................................................... 4-7 4.5 Benefits Summary .......................................................................................... 4-16 4.6 Market Summary ............................................................................................ 4-17 5.0 RECOMMENDATIONS ................................................................................................ 5-1 5.1 Classification System ........................................................................................ 5-1 5.2 Compensation System ...................................................................................... 5-3 5.3 System Administration ...................................................................................... 5-7 5.4 Summary ............................................................................................................ 5-8 EVERGREEN SOLUTIONS, LLC Table of Contents 176 Evergreen Solutions, LLC Page 1-1 0 Evergreen Solutions, LLC (Evergreen) conducted a Classification and Compensation Study for the City of Commerce, GA (City) beginning in August 2018. The purpose of the study was to analyze its classification and compensation (pay) system and make recommendations to improve the City’s competitive position in the market. The study activities involved analyzing the internal and external equity of the City’s system and making recommendations in response to those findings. Study tasks involved:  holding a study kick-off meeting;  analyzing the City’s current salary structure to determine its strengths and weaknesses;  conducting employee outreach by leading orientation and focus group sessions for employees and conducting interviews with department heads;  facilitating discussions with the City’s project team to develop an understanding of its compensation philosophy;  collecting classification information through the Job Assessment Tool (JAT) process to analyze the internal equity of the City’s classification system;  developing recommendations for improvements to classification titles as appropriate;  conducting market salary and benefits surveys to assess external equity (market competitiveness) of the City’s current pay system and compare and contrast common benefits offered by peer organizations;  developing a competitive compensation structure and slotting classifications into that structure while ensuring internal and external equity;  developing optional methods for transitioning employees’ salaries into the new structure and calculating cost estimates for implementation;  providing the City with information and strategies regarding compensation and classification administration;  preparing and submitting draft and final reports that summarize the study findings and recommendations: and EVERGREEN SOLUTIONS, LLC Chapter 1 - Introduction 177 Chapter 1 – Introduction Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 1-2  preparing and providing revised job descriptions for all classifications in the study. 1.1 STUDY METHODOLOGY Evergreen used a combination of quantitative and qualitative methods to develop recommendations to improve the City’s competitive position for its classification and compensation system. Study activities included: Kick-off Meeting The kick-off meeting allowed members of the study team from the City and Evergreen to discuss different aspects of the study. During the meeting, information about the City’s compensation and classification structure and pay philosophy was shared and the work plan for the study was finalized. The meeting also provided an opportunity for Evergreen to explain the types of data needed to begin the study. Assessment of Current Conditions This analysis provided an overall assessment of the City’s current pay structure (plans) and related employee data at the time of the study. The current pay plan and the progression of employees’ salaries through the pay ranges were examined during this process. The findings of this analysis are summarized in Chapter 2 of this report. Employee Outreach Employee outreach consisted of orientation sessions, focus group meetings, and interviews with senior leaders. The orientation sessions provided an opportunity for employees and supervisors to learn about the purpose of the study and receive specific information related to their participation in the study process. The focus group meetings and department head interviews allowed City employees, supervisors, and senior leaders to identify practices that were working well and to suggest areas of opportunities for improvement regarding the compensation and classification system, employee benefits and the employee performance evaluation system. The feedback received during these sessions is summarized in Chapter 3 of this report. Compensation Philosophy Evergreen conducted meetings with the City’s project team to develop an understanding of its position with regard to employee compensation. Several key factors were examined and provided the framework for the recommended classification and compensation system and related pay practices. Classification Analysis To perform an analysis of the City’s classification system, all employees were asked during employee outreach to complete a JAT to describe the work they performed in their own words. Supervisors were then asked to review their employees’ JATs and provide additional information as needed about the position. The information provided in the completed JAT’s 178 Chapter 1 – Introduction Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 1-3 was utilized in the classification analysis in two ways. First, the work described was reviewed to ensure that classification titles were appropriate. Second, the JAT’s were evaluated to quantify, by a scoring method, each classification’s relative value within the organization. Each classification’s score was based on employee and supervisor responses to the JAT, and the scores allowed for a comparison of classifications across the City. Salary and Benefits Surveys For the salary survey, peers were identified that compete with the City for human resources and provide similar services. Classifications representing a cross-section of the departments and levels of work were selected as benchmarks. After the selection of peers and benchmarks, a survey tool was developed for the collection of salary range data for each benchmark. A survey tool was also developed to collect detailed data about the core and fringe benefits offered by the peer organizations. The salary and benefits data collected during these surveys were analyzed, and a summary of the data can be found in Chapter 4 of this report. Recommendations During the review of the compensation philosophy, the City identified its desire to be competitive with the labor market. Understanding this, and utilizing the findings of the analysis of both internal and external equity, a new classification and compensation structure was created. Next, implementation options were developed to transition employees’ salaries into the new structure (pay plan), and the associated costs of adjusting employees’ salaries were estimated. Information was provided on how to execute the recommended salary adjustments, as well as how to maintain the classification and compensation system going forward. A summary of all study findings and recommendations can be found in Chapter 5 of this report. 1.2 REPORT ORGANIZATION This report includes the following additional chapters:  Chapter 2 – Assessment of Current Conditions  Chapter 3 - Summary of Employee Outreach  Chapter 4 – Market Summary  Chapter 5 – Recommendations 179 Evergreen Solutions, LLC Page 2-1 The purpose of this evaluation was to provide an overall assessment of the City’s compensation structure, employee salary progression, and employee counts in each department. Data included here reflect the conditions when the study began, and should be considered, as such, a snapshot in time. The insights gained from this evaluation provided the basis for further analysis through the course of this study and were not considered sufficient cause for recommendations independently. Instead, the results of this evaluation were considered during the analysis of internal equity and peer market data. Subsequently, appropriate compensation related recommendations were developed for the City and are described later in this report. 2.1 PAY PLAN ANALYSIS The City administered two pay plans for general employees (2,080 FTE hours) and Police (2,223 FTE hours). Exhibit 2A illustrates the plan for general employees which had a step- based design with established minimum and maximum salaries. Exhibit 2B illustrates the plan for Police which also had a step design. There were 79 total employees at the time of this analysis, however the City Manager did not have a designated grade or pay range data. The pay plans for the remaining 78 employees in classifications with salary data consisted of 50 total grades, with ten (grades 1-7, 15, 22, 24) currently vacant in the general plan and 22 (grades 1-13, 15, 17, 19-25) currently vacant in the 2,223-hour plan. Range spreads — the percentage difference between the minimum and maximum of the pay grades — remained a constant 50.7% for all grades in both step plans. EVERGREEN SOLUTIONS, LLC Chapter 2 – Assessment of Current Conditions 180 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-2 EXHIBIT 2A EMPLOYEE PAY PLAN General Pay Plan (2,080 Hours) Grade A B C D E F G H I 1 16,756$ 16,965$ 17,177$ 17,392$ 17,609$ 17,829$ 18,052$ 18,278$ 18,506$ 2 17,609$ 17,829$ 18,052$ 18,278$ 18,506$ 18,738$ 18,972$ 19,209$ 19,449$ 3 18,506$ 18,738$ 18,972$ 19,209$ 19,449$ 19,692$ 19,939$ 20,188$ 20,440$ 4 19,449$ 19,692$ 19,939$ 20,188$ 20,440$ 20,696$ 20,954$ 21,216$ 21,481$ 5 20,440$ 20,696$ 20,954$ 21,216$ 21,481$ 21,750$ 22,022$ 22,297$ 22,576$ 6 21,481$ 21,750$ 22,022$ 22,297$ 22,576$ 22,858$ 23,144$ 23,433$ 23,726$ 7 22,576$ 22,858$ 23,144$ 23,433$ 23,726$ 24,023$ 24,323$ 24,627$ 24,935$ 8 23,726$ 24,023$ 24,323$ 24,627$ 24,935$ 25,246$ 25,562$ 25,881$ 26,205$ 9 24,935$ 25,246$ 25,562$ 25,881$ 26,205$ 26,533$ 26,864$ 27,200$ 27,540$ 10 26,205$ 26,533$ 26,864$ 27,200$ 27,540$ 27,884$ 28,233$ 28,586$ 28,943$ 11 27,540$ 27,884$ 28,233$ 28,586$ 28,943$ 29,305$ 29,671$ 30,042$ 30,418$ 12 28,943$ 29,305$ 29,671$ 30,042$ 30,418$ 30,798$ 31,183$ 31,573$ 31,967$ 13 30,418$ 30,798$ 31,183$ 31,573$ 31,967$ 32,367$ 32,771$ 33,181$ 33,596$ 14 31,967$ 32,367$ 32,771$ 33,181$ 33,596$ 34,016$ 34,441$ 34,871$ 35,307$ 15 33,596$ 34,016$ 34,441$ 34,871$ 35,307$ 35,749$ 36,195$ 36,648$ 37,106$ 16 35,307$ 35,749$ 36,195$ 36,648$ 37,106$ 37,570$ 38,039$ 38,515$ 38,996$ 17 37,106$ 37,570$ 38,039$ 38,515$ 38,996$ 39,484$ 39,977$ 40,477$ 40,983$ 18 38,996$ 39,484$ 39,977$ 40,477$ 40,983$ 41,495$ 42,014$ 42,539$ 43,071$ 19 40,983$ 41,495$ 42,014$ 42,539$ 43,071$ 43,609$ 44,154$ 44,706$ 45,265$ 20 43,071$ 43,609$ 44,154$ 44,706$ 45,265$ 45,831$ 46,404$ 46,984$ 47,571$ 21 45,265$ 45,831$ 46,404$ 46,984$ 47,571$ 48,166$ 48,768$ 49,378$ 49,995$ 22 47,571$ 48,166$ 48,768$ 49,378$ 49,995$ 50,620$ 51,252$ 51,893$ 52,542$ 23 49,995$ 50,620$ 51,252$ 51,893$ 52,542$ 53,199$ 53,864$ 54,537$ 55,219$ 24 52,542$ 53,199$ 53,864$ 54,537$ 55,219$ 55,909$ 56,608$ 57,315$ 58,032$ 25 55,219$ 55,909$ 56,608$ 57,315$ 58,032$ 58,757$ 59,492$ 60,235$ 60,988$ 181 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-3 EXHIBIT 2A (CONTINUED) EMPLOYEE PAY PLAN General Pay Plan (2,080 Hours) Grade J K L M N O P Q R 1 18,738$ 18,972$ 19,209$ 19,449$ 19,692$ 19,939$ 20,188$ 20,440$ 20,696$ 2 19,692$ 19,939$ 20,188$ 20,440$ 20,696$ 20,954$ 21,216$ 21,481$ 21,750$ 3 20,696$ 20,954$ 21,216$ 21,481$ 21,750$ 22,022$ 22,297$ 22,576$ 22,858$ 4 21,750$ 22,022$ 22,297$ 22,576$ 22,858$ 23,144$ 23,433$ 23,726$ 24,023$ 5 22,858$ 23,144$ 23,433$ 23,726$ 24,023$ 24,323$ 24,627$ 24,935$ 25,246$ 6 24,023$ 24,323$ 24,627$ 24,935$ 25,246$ 25,562$ 25,881$ 26,205$ 26,533$ 7 25,246$ 25,562$ 25,881$ 26,205$ 26,533$ 26,864$ 27,200$ 27,540$ 27,884$ 8 26,533$ 26,864$ 27,200$ 27,540$ 27,884$ 28,233$ 28,586$ 28,943$ 29,305$ 9 27,884$ 28,233$ 28,586$ 28,943$ 29,305$ 29,671$ 30,042$ 30,418$ 30,798$ 10 29,305$ 29,671$ 30,042$ 30,418$ 30,798$ 31,183$ 31,573$ 31,967$ 32,367$ 11 30,798$ 31,183$ 31,573$ 31,967$ 32,367$ 32,771$ 33,181$ 33,596$ 34,016$ 12 32,367$ 32,771$ 33,181$ 33,596$ 34,016$ 34,441$ 34,871$ 35,307$ 35,749$ 13 34,016$ 34,441$ 34,871$ 35,307$ 35,749$ 36,195$ 36,648$ 37,106$ 37,570$ 14 35,749$ 36,195$ 36,648$ 37,106$ 37,570$ 38,039$ 38,515$ 38,996$ 39,484$ 15 37,570$ 38,039$ 38,515$ 38,996$ 39,484$ 39,977$ 40,477$ 40,983$ 41,495$ 16 39,484$ 39,977$ 40,477$ 40,983$ 41,495$ 42,014$ 42,539$ 43,071$ 43,609$ 17 41,495$ 42,014$ 42,539$ 43,071$ 43,609$ 44,154$ 44,706$ 45,265$ 45,831$ 18 43,609$ 44,154$ 44,706$ 45,265$ 45,831$ 46,404$ 46,984$ 47,571$ 48,166$ 19 45,831$ 46,404$ 46,984$ 47,571$ 48,166$ 48,768$ 49,378$ 49,995$ 50,620$ 20 48,166$ 48,768$ 49,378$ 49,995$ 50,620$ 51,252$ 51,893$ 52,542$ 53,199$ 21 50,620$ 51,252$ 51,893$ 52,542$ 53,199$ 53,864$ 54,537$ 55,219$ 55,909$ 22 53,199$ 53,864$ 54,537$ 55,219$ 55,909$ 56,608$ 57,315$ 58,032$ 58,757$ 23 55,909$ 56,608$ 57,315$ 58,032$ 58,757$ 59,492$ 60,235$ 60,988$ 61,750$ 24 58,757$ 59,492$ 60,235$ 60,988$ 61,750$ 62,522$ 63,304$ 64,095$ 64,896$ 25 61,750$ 62,522$ 63,304$ 64,095$ 64,896$ 65,708$ 66,529$ 67,361$ 68,203$ 182 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-4 EXHIBIT 2A (CONTINUED) EMPLOYEE PAY PLAN General Pay Plan (2,080 Hours) Grade S T U V W X Y Z AA 1 20,954$ 21,216$ 21,481$ 21,750$ 22,022$ 22,297$ 22,576$ 22,858$ 23,144$ 2 22,022$ 22,297$ 22,576$ 22,858$ 23,144$ 23,433$ 23,726$ 24,023$ 24,323$ 3 23,144$ 23,433$ 23,726$ 24,023$ 24,323$ 24,627$ 24,935$ 25,246$ 25,562$ 4 24,323$ 24,627$ 24,935$ 25,246$ 25,562$ 25,881$ 26,205$ 26,533$ 26,864$ 5 25,562$ 25,881$ 26,205$ 26,533$ 26,864$ 27,200$ 27,540$ 27,884$ 28,233$ 6 26,864$ 27,200$ 27,540$ 27,884$ 28,233$ 28,586$ 28,943$ 29,305$ 29,671$ 7 28,233$ 28,586$ 28,943$ 29,305$ 29,671$ 30,042$ 30,418$ 30,798$ 31,183$ 8 29,671$ 30,042$ 30,418$ 30,798$ 31,183$ 31,573$ 31,967$ 32,367$ 32,771$ 9 31,183$ 31,573$ 31,967$ 32,367$ 32,771$ 33,181$ 33,596$ 34,016$ 34,441$ 10 32,771$ 33,181$ 33,596$ 34,016$ 34,441$ 34,871$ 35,307$ 35,749$ 36,196$ 11 34,441$ 34,871$ 35,307$ 35,749$ 36,196$ 36,648$ 37,106$ 37,570$ 38,039$ 12 36,196$ 36,648$ 37,106$ 37,570$ 38,039$ 38,515$ 38,996$ 39,484$ 39,977$ 13 38,039$ 38,515$ 38,996$ 39,484$ 39,977$ 40,477$ 40,983$ 41,495$ 42,014$ 14 39,977$ 40,477$ 40,983$ 41,495$ 42,014$ 42,539$ 43,071$ 43,609$ 44,155$ 15 42,014$ 42,539$ 43,071$ 43,609$ 44,154$ 44,706$ 45,265$ 45,831$ 46,404$ 16 44,154$ 44,706$ 45,265$ 45,831$ 46,404$ 46,984$ 47,571$ 48,166$ 48,768$ 17 46,404$ 46,984$ 47,571$ 48,166$ 48,768$ 49,378$ 49,995$ 50,620$ 51,253$ 18 48,768$ 49,378$ 49,995$ 50,620$ 51,253$ 51,893$ 52,542$ 53,199$ 53,864$ 19 51,253$ 51,893$ 52,542$ 53,199$ 53,864$ 54,537$ 55,219$ 55,909$ 56,608$ 20 53,864$ 54,537$ 55,219$ 55,909$ 56,608$ 57,315$ 58,032$ 58,757$ 59,492$ 21 56,608$ 57,315$ 58,032$ 58,757$ 59,492$ 60,235$ 60,988$ 61,750$ 62,522$ 22 59,492$ 60,235$ 60,988$ 61,750$ 62,522$ 63,304$ 64,095$ 64,896$ 65,708$ 23 62,522$ 63,304$ 64,095$ 64,896$ 65,708$ 66,529$ 67,361$ 68,203$ 69,055$ 24 65,708$ 66,529$ 67,361$ 68,203$ 69,055$ 69,918$ 70,792$ 71,677$ 72,573$ 25 69,055$ 69,918$ 70,792$ 71,677$ 72,573$ 73,480$ 74,399$ 75,329$ 76,270$ 183 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-5 EXHIBIT 2A (CONTINUED) EMPLOYEE PAY PLAN General Pay Plan (2,080 Hours) Source: Created by Evergreen Solutions from data provided by the City as of November 2018. Grade AB AC AD AE AF AG AH Range Spread Employees 1 23,433$ 23,726$ 24,023$ 24,323$ 24,627$ 24,935$ 25,246$ 50.7% 0 2 24,627$ 24,935$ 25,246$ 25,562$ 25,881$ 26,205$ 26,533$ 50.7% 0 3 25,881$ 26,205$ 26,533$ 26,864$ 27,200$ 27,540$ 27,884$ 50.7% 0 4 27,200$ 27,540$ 27,884$ 28,233$ 28,586$ 28,943$ 29,305$ 50.7% 0 5 28,586$ 28,943$ 29,305$ 29,671$ 30,042$ 30,418$ 30,798$ 50.7% 0 6 30,042$ 30,418$ 30,798$ 31,183$ 31,573$ 31,967$ 32,367$ 50.7% 0 7 31,573$ 31,967$ 32,367$ 32,771$ 33,181$ 33,596$ 34,016$ 50.7% 0 8 33,181$ 33,596$ 34,016$ 34,441$ 34,871$ 35,307$ 35,749$ 50.7% 3 9 34,871$ 35,307$ 35,749$ 36,196$ 36,648$ 37,106$ 37,570$ 50.7% 5 10 36,648$ 37,106$ 37,570$ 38,040$ 38,515$ 38,996$ 39,484$ 50.7% 9 11 38,515$ 38,996$ 39,484$ 39,977$ 40,477$ 40,983$ 41,495$ 50.7% 3 12 40,477$ 40,983$ 41,495$ 42,014$ 42,539$ 43,071$ 43,609$ 50.7% 11 13 42,539$ 43,071$ 43,609$ 44,155$ 44,706$ 45,265$ 45,831$ 50.7% 5 14 44,706$ 45,265$ 45,831$ 46,404$ 46,984$ 47,571$ 48,166$ 50.7% 7 15 46,984$ 47,571$ 48,166$ 48,768$ 49,378$ 49,995$ 50,620$ 50.7% 0 16 49,378$ 49,995$ 50,620$ 51,253$ 51,893$ 52,542$ 53,199$ 50.7% 1 17 51,893$ 52,542$ 53,199$ 53,864$ 54,537$ 55,219$ 55,909$ 50.7% 4 18 54,537$ 55,219$ 55,909$ 56,608$ 57,315$ 58,032$ 58,757$ 50.7% 2 19 57,315$ 58,032$ 58,757$ 59,492$ 60,235$ 60,988$ 61,751$ 50.7% 3 20 60,235$ 60,988$ 61,751$ 62,522$ 63,304$ 64,095$ 64,896$ 50.7% 2 21 63,304$ 64,095$ 64,896$ 65,708$ 66,529$ 67,361$ 68,203$ 50.7% 3 22 66,529$ 67,361$ 68,203$ 69,055$ 69,918$ 70,792$ 71,677$ 50.7% 0 23 69,918$ 70,792$ 71,677$ 72,573$ 73,480$ 74,399$ 75,329$ 50.7% 3 24 73,480$ 74,399$ 75,329$ 76,270$ 77,224$ 78,189$ 79,166$ 50.7% 0 25 77,224$ 78,189$ 79,166$ 80,156$ 81,158$ 82,172$ 83,200$ 50.7% 2 184 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-6 EXHIBIT 2B EMPLOYEE PAY PLAN Police Pay Plan (2,223 Hours) Grade A B C D E F G H I 1 17,055$ 17,268$ 17,484$ 17,703$ 17,924$ 18,148$ 18,375$ 18,604$ 18,837$ 2 17,924$ 18,148$ 18,375$ 18,604$ 18,837$ 19,072$ 19,311$ 19,552$ 19,797$ 3 18,837$ 19,072$ 19,311$ 19,552$ 19,797$ 20,044$ 20,295$ 20,548$ 20,805$ 4 19,797$ 20,044$ 20,295$ 20,548$ 20,805$ 21,065$ 21,329$ 21,595$ 21,865$ 5 20,805$ 21,065$ 21,329$ 21,595$ 21,865$ 22,138$ 22,415$ 22,695$ 22,979$ 6 21,865$ 22,138$ 22,415$ 22,695$ 22,979$ 23,266$ 23,557$ 23,851$ 24,150$ 7 22,979$ 23,266$ 23,557$ 23,851$ 24,150$ 24,452$ 24,757$ 25,067$ 25,380$ 8 24,150$ 24,452$ 24,757$ 25,067$ 25,380$ 25,697$ 26,018$ 26,344$ 26,673$ 9 25,380$ 25,697$ 26,018$ 26,344$ 26,673$ 27,006$ 27,344$ 27,686$ 28,032$ 10 26,673$ 27,006$ 27,344$ 27,686$ 28,032$ 28,382$ 28,737$ 29,096$ 29,460$ 11 28,032$ 28,382$ 28,737$ 29,096$ 29,460$ 29,828$ 30,201$ 30,578$ 30,961$ 12 29,460$ 29,828$ 30,201$ 30,578$ 30,961$ 31,348$ 31,740$ 32,136$ 32,538$ 13 30,961$ 31,348$ 31,740$ 32,136$ 32,538$ 32,945$ 33,357$ 33,774$ 34,196$ 14 32,538$ 32,945$ 33,357$ 33,774$ 34,196$ 34,623$ 35,056$ 35,494$ 35,938$ 15 34,196$ 34,623$ 35,056$ 35,494$ 35,938$ 36,387$ 36,842$ 37,302$ 37,769$ 16 35,938$ 36,387$ 36,842$ 37,302$ 37,769$ 38,241$ 38,719$ 39,203$ 39,693$ 17 37,769$ 38,241$ 38,719$ 39,203$ 39,693$ 40,189$ 40,691$ 41,200$ 41,715$ 18 39,693$ 40,189$ 40,691$ 41,200$ 41,715$ 42,236$ 42,764$ 43,299$ 43,840$ 19 41,715$ 42,236$ 42,764$ 43,299$ 43,840$ 44,388$ 44,943$ 45,505$ 46,074$ 20 43,840$ 44,388$ 44,943$ 45,505$ 46,074$ 46,649$ 47,233$ 47,823$ 48,421$ 21 46,074$ 46,649$ 47,233$ 47,823$ 48,421$ 49,026$ 49,639$ 50,259$ 50,888$ 22 48,421$ 49,026$ 49,639$ 50,259$ 50,888$ 51,524$ 52,168$ 52,820$ 53,480$ 23 50,888$ 51,524$ 52,168$ 52,820$ 53,480$ 54,149$ 54,825$ 55,511$ 56,205$ 24 53,480$ 54,149$ 54,825$ 55,511$ 56,205$ 56,907$ 57,618$ 58,339$ 59,068$ 25 56,205$ 56,907$ 57,618$ 58,339$ 59,068$ 59,806$ 60,554$ 61,311$ 62,077$ 185 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-7 EXHIBIT 2B (CONTINUED) EMPLOYEE PAY PLAN Police Pay Plan (2,223 Hours) Grade J K L M N O P Q R 1 19,072$ 19,311$ 19,552$ 19,797$ 20,044$ 20,295$ 20,548$ 20,805$ 21,065$ 2 20,044$ 20,295$ 20,548$ 20,805$ 21,065$ 21,329$ 21,595$ 21,865$ 22,138$ 3 21,065$ 21,329$ 21,595$ 21,865$ 22,138$ 22,415$ 22,695$ 22,979$ 23,266$ 4 22,138$ 22,415$ 22,695$ 22,979$ 23,266$ 23,557$ 23,852$ 24,150$ 24,452$ 5 23,266$ 23,557$ 23,851$ 24,150$ 24,452$ 24,757$ 25,067$ 25,380$ 25,697$ 6 24,452$ 24,757$ 25,067$ 25,380$ 25,697$ 26,018$ 26,344$ 26,673$ 27,006$ 7 25,697$ 26,018$ 26,344$ 26,673$ 27,006$ 27,344$ 27,686$ 28,032$ 28,382$ 8 27,006$ 27,344$ 27,686$ 28,032$ 28,382$ 28,737$ 29,096$ 29,460$ 29,828$ 9 28,382$ 28,737$ 29,096$ 29,460$ 29,828$ 30,201$ 30,578$ 30,961$ 31,348$ 10 29,828$ 30,201$ 30,578$ 30,961$ 31,348$ 31,740$ 32,136$ 32,538$ 32,945$ 11 31,348$ 31,740$ 32,136$ 32,538$ 32,945$ 33,357$ 33,774$ 34,196$ 34,623$ 12 32,945$ 33,357$ 33,774$ 34,196$ 34,623$ 35,056$ 35,494$ 35,938$ 36,387$ 13 34,623$ 35,056$ 35,494$ 35,938$ 36,387$ 36,842$ 37,302$ 37,769$ 38,241$ 14 36,387$ 36,842$ 37,302$ 37,769$ 38,241$ 38,719$ 39,203$ 39,693$ 40,189$ 15 38,241$ 38,719$ 39,203$ 39,693$ 40,189$ 40,691$ 41,200$ 41,715$ 42,236$ 16 40,189$ 40,691$ 41,200$ 41,715$ 42,236$ 42,764$ 43,299$ 43,840$ 44,388$ 17 42,236$ 42,764$ 43,299$ 43,840$ 44,388$ 44,943$ 45,505$ 46,074$ 46,649$ 18 44,388$ 44,943$ 45,505$ 46,074$ 46,649$ 47,233$ 47,823$ 48,421$ 49,026$ 19 46,649$ 47,233$ 47,823$ 48,421$ 49,026$ 49,639$ 50,259$ 50,888$ 51,524$ 20 49,026$ 49,639$ 50,259$ 50,888$ 51,524$ 52,168$ 52,820$ 53,480$ 54,149$ 21 51,524$ 52,168$ 52,820$ 53,480$ 54,149$ 54,825$ 55,511$ 56,205$ 56,907$ 22 54,149$ 54,825$ 55,511$ 56,205$ 56,907$ 57,619$ 58,339$ 59,068$ 59,806$ 23 56,907$ 57,618$ 58,339$ 59,068$ 59,806$ 60,554$ 61,311$ 62,077$ 62,853$ 24 59,806$ 60,554$ 61,311$ 62,077$ 62,853$ 63,639$ 64,434$ 65,240$ 66,055$ 25 62,853$ 63,639$ 64,434$ 65,240$ 66,055$ 66,881$ 67,717$ 68,563$ 69,420$ 186 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-8 EXHIBIT 2B (CONTINUED) EMPLOYEE PAY PLAN Police Pay Plan (2,223 Hours) Grade S T U V W X Y Z AA 1 21,329$ 21,595$ 21,865$ 22,138$ 22,415$ 22,695$ 22,979$ 23,266$ 23,557$ 2 22,415$ 22,695$ 22,979$ 23,266$ 23,557$ 23,852$ 24,150$ 24,452$ 24,757$ 3 23,557$ 23,852$ 24,150$ 24,452$ 24,757$ 25,067$ 25,380$ 25,697$ 26,018$ 4 24,757$ 25,067$ 25,380$ 25,697$ 26,018$ 26,344$ 26,673$ 27,006$ 27,344$ 5 26,018$ 26,344$ 26,673$ 27,006$ 27,344$ 27,686$ 28,032$ 28,382$ 28,737$ 6 27,344$ 27,686$ 28,032$ 28,382$ 28,737$ 29,096$ 29,460$ 29,828$ 30,201$ 7 28,737$ 29,096$ 29,460$ 29,828$ 30,201$ 30,579$ 30,961$ 31,348$ 31,740$ 8 30,201$ 30,578$ 30,961$ 31,348$ 31,740$ 32,136$ 32,538$ 32,945$ 33,357$ 9 31,740$ 32,136$ 32,538$ 32,945$ 33,357$ 33,774$ 34,196$ 34,623$ 35,056$ 10 33,357$ 33,774$ 34,196$ 34,623$ 35,056$ 35,494$ 35,938$ 36,387$ 36,842$ 11 35,056$ 35,494$ 35,938$ 36,387$ 36,842$ 37,302$ 37,769$ 38,241$ 38,719$ 12 36,842$ 37,302$ 37,769$ 38,241$ 38,719$ 39,203$ 39,693$ 40,189$ 40,691$ 13 38,719$ 39,203$ 39,693$ 40,189$ 40,691$ 41,200$ 41,715$ 42,236$ 42,764$ 14 40,691$ 41,200$ 41,715$ 42,236$ 42,764$ 43,299$ 43,840$ 44,388$ 44,943$ 15 42,764$ 43,299$ 43,840$ 44,388$ 44,943$ 45,505$ 46,074$ 46,649$ 47,233$ 16 44,943$ 45,505$ 46,074$ 46,649$ 47,233$ 47,823$ 48,421$ 49,026$ 49,639$ 17 47,233$ 47,823$ 48,421$ 49,026$ 49,639$ 50,259$ 50,888$ 51,524$ 52,168$ 18 49,639$ 50,259$ 50,888$ 51,524$ 52,168$ 52,820$ 53,480$ 54,149$ 54,825$ 19 52,168$ 52,820$ 53,480$ 54,149$ 54,825$ 55,511$ 56,205$ 56,907$ 57,619$ 20 54,825$ 55,511$ 56,205$ 56,907$ 57,619$ 58,339$ 59,068$ 59,806$ 60,554$ 21 57,619$ 58,339$ 59,068$ 59,806$ 60,554$ 61,311$ 62,077$ 62,853$ 63,639$ 22 60,554$ 61,311$ 62,077$ 62,853$ 63,639$ 64,434$ 65,240$ 66,055$ 66,881$ 23 63,639$ 64,434$ 65,240$ 66,055$ 66,881$ 67,717$ 68,563$ 69,420$ 70,288$ 24 66,881$ 67,717$ 68,563$ 69,420$ 70,288$ 71,167$ 72,056$ 72,957$ 73,869$ 25 70,288$ 71,167$ 72,056$ 72,957$ 73,869$ 74,792$ 75,727$ 76,674$ 77,632$ 187 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-9 EXHIBIT 2B (CONTINUED) EMPLOYEE PAY PLAN Police Pay Plan (2,223 Hours) Source: Created by Evergreen Solutions from data provided by the City as of November 2018. 2.2 EMPLOYEE SALARY PLACEMENT BY GRADE When assessing the effectiveness of the City’s pay plan and practices, it is important to analyze where employees’ salaries fell within each pay range. Identifying those areas where there may have been clusters of employees’ salaries could illuminate potential pay progression concerns within the current pay plan. It should be noted that employees’ salaries, and the progression of the same, is associated with an organization’s compensation philosophy — specifically, the method of salary progression and the availability of resources. Therefore, the placement of employees’ salaries should be viewed with this context in mind. Furthermore, employees within a step-based pay plan were analyzed by taking the salary for the lowest step as the range minimum and the salary for the highest step as the range maximum. The midpoint respective to those grades was calculated as the average between the minimum and the maximum. GradeABACADAEAFAGAHRange Spread Employees 1 23,852$ 24,150$ 24,452$ 24,757$ 25,067$ 25,380$ 25,697$ 50.7% 0 2 25,067$ 25,380$ 25,697$ 26,018$ 26,344$ 26,673$ 27,006$ 50.7% 0 3 26,344$ 26,673$ 27,006$ 27,344$ 27,686$ 28,032$ 28,382$ 50.7% 0 4 27,686$ 28,032$ 28,382$ 28,737$ 29,096$ 29,460$ 29,828$ 50.7% 0 5 29,096$ 29,460$ 29,828$ 30,201$ 30,579$ 30,961$ 31,348$ 50.7% 0 6 30,579$ 30,961$ 31,348$ 31,740$ 32,136$ 32,538$ 32,945$ 50.7% 0 7 32,136$ 32,538$ 32,945$ 33,357$ 33,774$ 34,196$ 34,623$ 50.7% 0 8 33,774$ 34,196$ 34,623$ 35,056$ 35,494$ 35,938$ 36,387$ 50.7% 0 9 35,494$ 35,938$ 36,387$ 36,842$ 37,302$ 37,769$ 38,241$ 50.7% 0 10 37,302$ 37,769$ 38,241$ 38,719$ 39,203$ 39,693$ 40,189$ 50.7% 0 11 39,203$ 39,693$ 40,189$ 40,691$ 41,200$ 41,715$ 42,236$ 50.7% 0 12 41,200$ 41,715$ 42,236$ 42,764$ 43,299$ 43,840$ 44,388$ 50.7% 0 13 43,299$ 43,840$ 44,388$ 44,943$ 45,505$ 46,074$ 46,649$ 50.7% 0 14 45,505$ 46,074$ 46,649$ 47,233$ 47,823$ 48,421$ 49,026$ 50.7% 8 15 47,823$ 48,421$ 49,026$ 49,639$ 50,259$ 50,888$ 51,524$ 50.7% 0 16 50,259$ 50,888$ 51,524$ 52,168$ 52,820$ 53,480$ 54,149$ 50.7% 4 17 52,820$ 53,480$ 54,149$ 54,825$ 55,511$ 56,205$ 56,907$ 50.7% 0 18 55,511$ 56,205$ 56,907$ 57,619$ 58,339$ 59,068$ 59,806$ 50.7% 3 19 58,339$ 59,068$ 59,806$ 60,554$ 61,311$ 62,077$ 62,853$ 50.7% 0 20 61,311$ 62,077$ 62,853$ 63,639$ 64,434$ 65,240$ 66,055$ 50.7% 0 21 64,434$ 65,240$ 66,055$ 66,881$ 67,717$ 68,563$ 69,420$ 50.7% 0 22 67,717$ 68,563$ 69,420$ 70,288$ 71,167$ 72,056$ 72,957$ 50.7% 0 23 71,167$ 72,056$ 72,957$ 73,869$ 74,792$ 75,727$ 76,674$ 50.7% 0 24 74,792$ 75,727$ 76,674$ 77,632$ 78,603$ 79,585$ 80,580$ 50.7% 0 25 78,603$ 79,585$ 80,580$ 81,587$ 82,607$ 83,640$ 84,685$ 50.7% 0 188 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-10 Exhibit 2C illustrates the placement of employees’ salaries in the 2,080-hour pay plan relative to pay grade minimums and maximums. Exhibit 2D similarly illustrates the placement of employees’ salaries in the 2,223-hour pay plan relative to the pay grade minimums and maximums. The exhibits contain the following:  the pay grades,  the number of employees in classifications assigned to the pay grade,  the number and percentage of employees with salaries below the minimum,  the number and percentage of employees with salaries at the minimum,  the number and percentage of employees with salaries at the maximum, and  the number and percentage of employees with salaries above the maximum. EXHIBIT 2C SALARY PLACEMENT BELOW MINIMUM AND ABOVE MAXIMUM BY GRADE 2,080-HOUR PAY PLAN Source: Created by Evergreen Solutions from data provided by the City as of November 2018. Grade Employees # < Min % < Min # at Min % at Min # at Max % at Max # > Max % > Max 10 --- - - - -‐ 20 --- - - - -‐ 30 --- - - - -‐ 40 --- - - - -‐ 50 --- - - - -‐ 60 --- - - - -‐ 70 --- - - - -‐ 8 3 0 0.0% 0 0.0% 0 0.0% 0 0.0% 9 5 0 0.0% 0 0.0% 0 0.0% 0 0.0% 10 9 0 0.0% 0 0.0% 0 0.0% 0 0.0% 11 3 0 0.0% 1 33.3% 0 0.0% 0 0.0% 12 11 0 0.0% 0 0.0% 0 0.0% 0 0.0% 13 5 0 0.0% 0 0.0% 0 0.0% 0 0.0% 14 7 0 0.0% 0 0.0% 0 0.0% 0 0.0% 15 0 - - - - - - -‐ 16 1 0 0.0% 0 0.0% 0 0.0% 0 0.0% 17 4 0 0.0% 0 0.0% 0 0.0% 0 0.0% 18 2 0 0.0% 0 0.0% 0 0.0% 0 0.0% 19 3 0 0.0% 0 0.0% 0 0.0% 1 33.3% 20 2 0 0.0% 0 0.0% 0 0.0% 0 0.0% 21 3 0 0.0% 0 0.0% 0 0.0% 0 0.0% 22 0 - - - - - - -‐ 23 3 0 0.0% 0 0.0% 0 0.0% 0 0.0% 24 0 - - - - - - -‐ 25 2 0 0.0% 0 0.0% 0 0.0% 0 0.0% Total 63 0 0.0% 1 1.6% 0 0.0% 1 1.6% 189 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-11 EXHIBIT 2D SALARY PLACEMENT BELOW MINIMUM AND ABOVE MAXIMUM BY GRADE 2,223-HOUR PAY PLAN Source: Created by Evergreen Solutions from data provided by the City as of November 2018. Employees with salaries at the grade minimum are typically new hires or are new to their classification following a recent promotion; on the other hand, employees with salaries at the grade maximum are typically highly experienced and proficient in their classification. As Exhibits 2C and 2D illustrate, at the time of this study, there was 1 employee with a salary above their grade maximum. Exhibit 2E illustrates the placement of employees’ salaries in the 2,080-hour pay plan relative to pay grade midpoints. Exhibit 2F similarly illustrates the placement of employees’ salaries in the 2,223-hour pay plan relative to pay grade midpoints. The exhibits contain the following:  the pay grades,  the number of employees in classifications assigned to the pay grade,  the number and percentage of employees with salaries below the midpoint, Grade Employees # < Min % < Min # at Min % at Min # at Max % at Max # > Max % > Max 10 --- - - - -‐ 20 --- - - - -‐ 30 --- - - - -‐ 40 --- - - - -‐ 50 --- - - - -‐ 60 --- - - - -‐ 70 --- - - - -‐ 80 --- - - - -‐ 90 --- - - - -‐ 10 0 - - - - - - -‐ 11 0 - - - - - - -‐ 12 0 - - - - - - -‐ 13 0 - - - - - - -‐ 14 8 0 0.0% 0 0.0% 0 0.0% 0 0.0% 15 0 - - - - - - -‐ 16 4 0 0.0% 0 0.0% 0 0.0% 0 0.0% 17 0 - - - - - - -‐ 18 3 0 0.0% 0 0.0% 0 0.0% 0 0.0% 19 0 - - - - - - -‐ 20 0 - - - - - - -‐ 21 0 - - - - - - -‐ 22 0 - - - - - - -‐ 23 0 - - - - - - -‐ 24 0 - - - - - - -‐ 25 0 - - - - - - -‐ Total 15 0 0.0% 0 0.0% 0 0.0% 0 0.0% 190 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-12  the number and percentage of employees with salaries at the midpoint (within a dollar amount), and  the number and percentage of employees with salaries above the midpoint of each pay grade. EXHIBIT 2E SALARY PLACEMENT AROUND MIDPOINT BY GRADE 2,080-HOUR PAY PLAN Source: Created by Evergreen Solutions from data provided by the City as of November 2018. Grade Employees # < Mid % < Mid # at Mid % at Mid # > Mid % > Mid 10 --- --- 20 --- --- 30 --- --- 40 --- --- 50 --- --- 60 --- --- 70 --- --- 8 3 1 33.3% 0 0.0% 2 66.7% 9 5 4 80.0% 0 0.0% 1 20.0% 10 9 9 100.0% 0 0.0% 0 0.0% 11 3 3 100.0% 0 0.0% 0 0.0% 12 11 10 90.9% 0 0.0% 1 9.1% 13 5 4 80.0% 0 0.0% 1 20.0% 14 7 6 85.7% 0 0.0% 1 14.3% 150 --- --- 16 1 1 100.0% 0 0.0% 0 0.0% 17 4 3 75.0% 0 0.0% 1 25.0% 18 2 0 0.0% 0 0.0% 2 100.0% 19 3 0 0.0% 0 0.0% 3 100.0% 20 2 2 100.0% 0 0.0% 0 0.0% 21 3 2 66.7% 0 0.0% 1 33.3% 220 --- --- 23 3 1 33.3% 0 0.0% 2 66.7% 240 --- --- 25 2 1 50.0% 0 0.0% 1 50.0% Total 63 47 74.6% 0 0.0% 16 25.4% 191 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-13 EXHIBIT 2F SALARY PLACEMENT AROUND MIDPOINT BY GRADE 2,223-HOUR PAY PLAN Source: Created by Evergreen Solutions from data provided by the City as of November 2018. Employees with salaries close to the midpoint of a pay range should be fully proficient in their classification and require minimal supervision to satisfactorily complete their job duties. Within this framework, grade midpoint is commonly considered to be the salary an individual could reasonably expect for similar work in the market. Therefore, it is important to examine the percentage and number of employees with salaries above and below the calculated midpoint. Of the 78 employees with classifications in the City’s step-based pay plans, 62 employees (79.5 percent) had salaries below the midpoint of their respective range, 0 Grade Employees # < Mid % < Mid # at Mid % at Mid # > Mid % > Mid 10 --- --- 20 --- --- 30 --- --- 40 --- --- 50 --- --- 60 --- --- 70 --- --- 80 --- --- 90 --- --- 100 --- --- 110 --- --- 120 --- --- 130 --- --- 14 8 8 100.0% 0 0.0% 0 0.0% 150 --- --- 16 4 4 100.0% 0 0.0% 0 0.0% 170 --- --- 18 3 3 100.0% 0 0.0% 0 0.0% 190 --- --- 200 --- --- 210 --- --- 220 --- --- 230 --- --- 240 --- --- 250 --- --- Total 15 15 100.0% 0 0.0% 0 0.0% 192 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-14 employees had salaries at the midpoint, while 16 employees (20.5 percent) had salaries above the midpoint. 2.3 SALARY QUARTILE ANALYSIS This section provides an additional analysis of the distribution of employees’ salaries across the pay grades at the time of this study. Examining employee salary placement by grade quartile provided insight into whether clustering of employees’ salaries existed within each pay grade. For this analysis, employees’ salaries were slotted within one of four equal distributions. The first quartile (0-25) represents the lowest 25 percent of the pay range. The second quartile (26-50) represents the segment of the pay range above the first quartile up to the pay range’s midpoint. The third quartile (51-75) represents the part of the pay range above the midpoint up to the 75th percentile of the pay range. The fourth quartile (76-100) is the highest 25 percent of the pay range. This analytical method provided an opportunity to assess how employees’ salaries were disbursed throughout each grade (pay range). Exhibit 2G provides a breakdown of placement of employees’ salaries in the 2,080-hour pay plan relative to salary quartile. Exhibit 2H provides a breakdown of placement of employees’ salaries in the 2,223-hour pay plan relative to salary quartile. Both exhibits provide the following:  the pay grades,  the number of employees per pay grade, and  the location (by quartile) of the employees’ salaries within each grade. EXHIBIT 2G SALARY QUARTILE ANALYSIS 2,080-HOUR PAY PLAN 1st Quartile 2nd Quartile 3rd Quartile 4th Quartile # Employees # Employees # Employees # Employees 10---- 20---- 30---- 40---- 50---- 60---- 70---- 831011 954010 1096300 1132100 12117310 1351310 1473301 GRADE Total Employees 193 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-15 EXHIBIT 2G (CONTINUED) SALARY QUARTILE ANALYSIS 2,080-HOUR PAY PLAN Source: Created by Evergreen Solutions from data provided by the City as of November 2018. EXHIBIT 2H SALARY QUARTILE ANALYSIS 2,223-HOUR PAY PLAN 1st Quartile 2nd Quartile 3rd Quartile 4th Quartile # Employees # Employees # Employees # Employees 150---- 1611000 1742110 1820011 1930021 2020200 2130210 220---- 2330120 240---- 2520101 Overall Total63272011 5 Percentage 42.86% 31.75% 17.46% 7.94% GRADE Total Employees 1st Quartile 2nd Quartile 3rd Quartile 4th Quartile # Employees # Employees # Employees # Employees 10---- 20---- 30---- 40---- 50---- 60---- 70---- 80---- 90---- 100---- 110---- 120---- GRADE Total Employees 194 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-16 EXHIBIT 2H (CONTINUED) SALARY QUARTILE ANALYSIS 2,223-HOUR PAY PLAN Source: Created by Evergreen Solutions from data provided by the City as of November 2018. With regard to both pay plans, the City’s employees’ salaries were clustered towards the lower end of their pay range. In order of employee concentration, 32 employees (41.0 percent) had salaries in the first quartile of their respective pay ranges. The next largest cluster of employees’ salaries was found in the second quartile with 30 employees (38.5 percent). Additionally, 11 employees (14.1 percent) had salaries in the third quartile of their respective pay ranges, while 5 (6.4 percent) earned in the fourth quartile of their respective pay ranges. 2.4 EMPLOYEES BY DEPARTMENT At the time the study commenced, the City employed 79 individuals across 14 departments. Exhibit 2I depicts the number of employees and the number of classifications in each department and is intended only to provide basic information regarding how employees were distributed among departments. Also provided is the percentage breakdown of employees by department. 1st Quartile 2nd Quartile 3rd Quartile 4th Quartile # Employees # Employees # Employees # Employees 130---- 1485300 150---- 1640400 170---- 1830300 190---- 200---- 210---- 220---- 230---- 240---- 250---- Overall Total155100 0 Percentage 7.94% 15.87% 0.00% 0.00% GRADE Total Employees 195 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-17 EXHIBIT 2I EMPLOYEES BY DEPARTMENT Source: Created by Evergreen Solutions from data provided by the City as of November 2018. As the exhibit illustrates, the largest department in the City is Police, with 24 employees representing 30.4 percent of the City’s workforce. 2.5 SUMMARY Overall, the City’s compensation structure offered a firm foundation on which to improve. The key points from the analysis of the current structure were:  The City administered step-based pay plans for employees on 2,080-hour schedules and 2,223-hour schedules for a total of 78 employees with 25 pay grades in each plan.  The majority of City employees’ salaries fell below the midpoint of the pay ranges, with 79.5 percent of employees’ salaries falling within the first and second quartiles. The City’s pay plans provided employees with a clear pay structure, although it appears that clustering of employees’ salaries has occurred over time. As a pay system is intended to encourage employee salary growth based on an organization’s compensation philosophy, the compression of employees’ salaries in the first quartile for both pay plans indicated a need for further examination of the City’s pay system and practices. Department Employees Classes % of Total Administration 2 2 2.5% Civic 1 1 1.3% Community 2 2 2.5% DDA 1 1 1.3% Electric 5 5 6.3% Finance 7 7 8.9% Gas 6 5 7.6% Library 2 2 2.5% Police 24 16 30.4% Public Works 11 6 13.9% Recreation 3 3 3.8% Shop 2 2 2.5% Water/Sewer 7 5 8.9% WWTP 6 4 7.6% Total 79 61 100.0% 196 Chapter 2 - Assessment of Current Conditions Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 2-18 The information gained from this review of current conditions was used in conjunction with the market analysis data and internal equity review to develop recommendations for a competitive compensation plan that would best align with the City’s compensation philosophy moving forward. These recommendations can be found in Chapter 5 of this report. 197 Evergreen Solutions, LLC Page 3-1 Following the study kick-off, an Evergreen consultant visited the City in December 2018 to conduct Employee Outreach. The process consisted of facilitating orientation and focus group meetings with employees and supervisors, as well as conducting an interview with the department heads. During the orientation sessions, the consultant provided information to participants about the goals of the study and their role in the study process. During the focus group meetings and the department head interview, questions were asked that were designed to gather feedback on several topics related to the study. Participant responses provided the Evergreen study team with valuable information regarding the employees’ and leaders’ perceptions of the current compensation and classification system. The sessions were well attended and participants actively engaged and provided feedback to the consultant. Summarized below are their comments and perceptions related to the topic areas. 3.1 GENERAL FEEDBACK Overall, employees stated that they enjoyed working for the City and serving the community. The working relationships with co-workers was also a factor in their job satisfaction. Additional positive comments included that the City provides:  stable employment;  good benefits; and  an opportunity to work close to home. 3.2 COMPENSATION Participants expressed the following concerns and suggestions for improvements related to the City’s compensation system:  salaries should be compared to peers and if below, should be brought to a competitive position;  there should be a clear path for salary growth;  pay plan/salary range information should be made available to employees; EVERGREEN SOLUTIONS, LLC Chapter 3 - Summary of Employee Outreach 198 Chapter 3 – Summary of Employee Outreach Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 3-2  pay incentive practices (for additional certifications, on-call pay, etc.) should be reviewed as these seem to be applied inconsistently across the City; and  consideration should be given to increasing pay for employees performing expanded jobs or have increased responsibilities. 3.3 CLASSIFICATION General comments related to the classification of positions included that:  some employees have taken on additional duties and believe their job title does not reflect this;  additional levels should be added in some areas/departments to differentiate roles/duties; and  job descriptions should be updated. 3.4 MARKET PEERS Meeting participants were asked to identify organizations they considered to be market peers competing for employees performing similar work. Their responses are listed below and were considered, though not necessarily utilized, when developing the list of peers for the salary survey:  City of Athens, GA;  City of Braselton, GA;  City of Buford, GA;  City of Elberton, GA;  City of Gainesville, GA;  City of Lawrenceville, GA;  City of Oakwood, GA;  City of Jefferson, GA;  Banks County, GA;  Clarke County, GA;  Gwinnett County, GA;  Hall County, GA;  White County, GA;  Jackson County Water Authority, GA;  Georgia Power Company, GA; and  Other private sector organizations for transferable positions. 199 Chapter 3 – Summary of Employee Outreach Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 3-3 3.5 BENEFITS Meeting participants were also asked for feedback in regard to the City’s employee benefits. Their comments were very positive; that the benefits are very good, particularly the health insurance and retirement plan. However, they did suggest that a City match for the optional defined contribution plan would be appreciated. 3.6 PERFORMANCE EVALUATION Though not a focus of the study, the Evergreen consultant asked meeting participants several questions with regard to employee performance evaluations. Their comments were:  in departments where they are conducted, they do not have any real meaning as they are not linked to salary increases;  they would like the City to have a consistent process, and tool (form); and  if instituted City-wide, they would like pay increases linked to their performance. 3.7 SUMMARY The concerns expressed and reported above are common and exist in many organizations today. The City’s commitment to seeking employee input and feedback regarding its compensation and classification system is a positive step toward improvement in these areas. During the outreach meetings, employees generally believed the City’s compensation (system) needs to be brought to a level competitive with the market. They also suggested that the classification system requires updating to ensure that job titles accurately reflect the work performed. Finally, they suggested that the City should be more proactive in making these changes to increase recruitment and retention of quality employees. The input received during employee outreach provided a foundation for understanding the current pay and classification system and was considered while conducting the remainder of the study. The analyses discussed in the next chapters subsequently provided the basis for the recommendations provided in Chapter 5 of this report. 200 Evergreen Solutions, LLC Page 4-1 This chapter provides a market analysis in which the City’s salary ranges and benefits were compared to the salary ranges and benefits at peer organizations. The data from targeted market peers were used to evaluate the overall compensation at the City at the time of this study. It is important to note that the market comparisons contained herein do not translate well at the individual employee level and are instead used to provide an overall analysis. Therefore, this is not intended to evaluate salaries paid to individuals as this compensation is determined through a combination of factors which could typically include: the demand for a job, a candidate’s prior experience, or an individual’s negotiation skills during the hiring process. Furthermore, it should be noted that market comparisons are best thought of as a snapshot of current market conditions. In other words, market conditions change and, in some cases, change quickly; so, while market surveys are useful for making updates to salary structures or benefits provided to employees, they must be done at regular intervals if the City wishes to remain current with its market peers and market salary trends. 4.1 PUBLIC SECTOR SALARY SURVEY RESULTS Evergreen collected pay range information from target organizations utilizing a salary survey tool. This included selecting benchmark classifications to be surveyed. The desired outcome of benchmarking was to select a cross-section of the City’s classifications so that those surveyed made up a subset of all work areas and job levels. The job title, a description of assigned duties, and the education and experience requirements for each benchmarked classification were provided in the survey tool so that peers could determine if the position existed within their organization. Evergreen received concurrence from the City regarding the target peers to which the survey was provided. Several factors were utilized when developing the peer list, including geographic proximity to the City, organization size, and the relative population being served by the organization. All collected data were adjusted for cost of living using a national cost of living index factor which allowed salary dollars from organizations outside of the immediate recruiting area to be adjusted for the cost of living relative to the City. Exhibit 4A provides the list of market peers from which data were collected from 16 peers for 37 benchmark classifications. It should be noted that a secondary salary survey source, Georgia Department of Community Affairs (DCA), was utilized so that data could be obtained for any classifications with less than five responses. EVERGREEN SOLUTIONS, LLC Chapter 4 – Market Summary 201 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-2 EXHIBIT 4A MARKET PEERS Town of Braselton City of Buford City of Elberton City of Hampton City of Jefferson City of Lawrenceville City of Monroe City of Royston City of Sugar Hill City of Suwanee City of Toccoa Banks County Barrow County Clarke County Hall County Jackson County Jackson County WASA White County ESG Operations, Inc. Georgia Power Jefferson EMC Market Peers *Bold indicates data collected from peer  As an outcome of this study, the City expressed a desire to have a salary structure competitive with the market average. To determine the position of the existing structure, Evergreen compared the City’s salary ranges for the benchmark classifications to this position. Exhibit 4B provides a summary of the comparison and contains the following:  The market salary range information for each classification. This indicates the market minimum, midpoint, and maximum of the peer survey data for each benchmarked classification.  The percent differentials (to the City’s existing salary ranges). A positive differential indicates the City was above the market average for that classification at the minimum, midpoint, or maximum. A negative differential indicates the City was below the desired market position for that classification. The final row provides the average percent differentials for the minimum, midpoint, and maximum for all surveyed classifications. 202 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-3  The survey average range width (spread). This provides the average range width for each classification surveyed determined by the average minimum and average maximum salaries of the respondents, relative to the minimum. The average range width for each classification is provided in the second to last column, and the average range width for all of the classifications collectively is provided in the final row. The number of responses collected for each classification is provided in the final column and the average number of responses for all the classifications is provided in the final row. EXHIBIT 4B SALARY SURVEY SUMMARY Average % Diff Average % Diff Average % Diff Accounting Manager $43,344.63 -15.5% $55,735.20 -18.0% $68,125.77 -19.7% 57.2% 5 Animal Control Officer $30,262.86 -14.4% $38,947.90 -17.0% $47,632.93 -18.7% 57.5% 5 Billing Coordinator $34,695.63 -8.2% $42,282.48 -5.4% $49,869.33 -3.5% 43.9% 4 Building Inspector $41,008.25 -5.0% $53,296.39 -8.6% $65,584.52 -11.0% 60.0% 6 Buyer $36,364.36 -12.9% $44,907.61 -11.4% $53,450.85 -10.4% 47.0% 3 Captain (Police) $50,566.68 -11.1% $61,540.29 -8.1% $72,513.90 -6.1% 43.5% 8 Cashier $26,345.39 -5.5% $33,257.44 -6.2% $40,022.27 -6.3% 52.5% 8 City Clerk $50,362.10 -25.4% $63,423.21 -25.9% $76,484.32 -26.2% 51.8% 5 City Manager $99,128.92 - $130,585.67 - $162,042.41 - 63.4% 7 Code Enforcement (Officer) $37,702.98 -31.2% $46,435.34 -29.4% $55,167.70 -28.3% 46.4% 5 Community Improvement Director $70,012.05 -23.6% $87,493.06 -23.3% $104,974.06 -23.1% 50.1% 6 Corporal (Police) $39,065.18 -8.3% $48,631.66 -8.4% $58,198.14 -8.4% 49.0% 8 Downtown Development Authority Director $40,606.87 -9.0% $50,286.52 -7.8% $60,060.70 -7.2% 48.6% 5 Deputy Court Clerk $31,282.31 -12.7% $39,279.61 -12.9% $47,276.91 -13.0% 51.0% 4 Equipment Operator (Public Works) $28,698.75 -9.1% $35,775.58 -8.5% $42,852.40 -8.2% 49.3% 4 Field Foreman $35,083.59 -14.3% $44,487.72 -15.4% $53,891.86 -16.2% 53.6% 6 Gas Crew Helper I $27,955.24 -6.5% $38,095.14 -14.8% $48,235.03 -20.0% 72.8% 3 Gas Crew Technician I $26,837.77 7.5% $33,601.97 7.7% $40,366.17 7.7% 50.5% 3 Heavy Equipment Operator (Public Works) $30,540.64 -5.4% $37,706.20 -3.9% $44,988.70 -3.1% 48.6% 8 Lieutenant $43,701.96 -21.3% $53,383.57 -18.7% $63,065.18 -17.0% 44.3% 5 Lineman I $35,389.29 4.7% $50,201.10 -7.6% $65,012.90 -15.1% 84.7% 3 Maintenance Worker (Public Works) $26,957.23 7.1% $35,270.34 2.8% $43,498.49 0.3% 61.7% 11 Mechanic $33,336.61 -50.2% $41,631.41 -36.6% $48,366.32 -25.1% 45.6% 7 Meter Reader (Public Works) $27,785.74 4.0% $34,813.24 4.1% $41,840.74 4.2% 50.7% 7 Municipal Court Clerk (Police) $30,083.72 6.1% $35,879.38 11.0% $41,675.03 14.5% 38.5% 3 Police Chief $62,697.92 -12.7% $74,496.97 -7.4% $86,296.01 -3.7% 37.7% 3 Police Officer $38,896.88 -11.6% $46,439.59 -10.5% $54,295.17 -10.2% 40.1% 10 Public Works Director $61,623.50 -20.8% $74,966.00 -17.9% $88,308.50 -15.9% 43.4% 3 Public Works Superintendent $50,995.27 -21.8% $66,240.28 -25.3% $79,174.22 -24.7% 57.2% 6 Recreation Director $54,917.29 -19.3% $70,632.10 -21.8% $86,346.91 -23.5% 57.3% 5 Sergeant $43,591.97 -9.3% $52,955.57 -6.2% $62,319.16 -4.1% 43.1% 8 Utility Director $71,784.05 -31.0% $86,875.75 -27.5% $101,967.44 -25.2% 42.1% 3 Water & Sewer Maintenance Worker I $26,556.06 -1.3% $33,864.49 -3.1% $42,560.48 -7.5% 62.2% 7 Water & Sewer Maintenance Worker II $35,699.26 -16.0% $41,947.46 -9.6% $47,884.02 -4.4% 35.6% 3 Waste Water Treatment Plant Lab Analyst $32,628.42 -2.0% $43,427.58 -8.0% $54,226.74 -11.8% 66.8% 4 Waste Water Treatment Plant Operator III $32,196.16 -10.7% $40,173.02 -10.2% $48,629.84 -10.9% 51.9% 7 Waste Water Treatment Plant Superintendent $45,076.55 -9.5% $51,756.60 -0.8% $59,467.85 3.8% 33.8% 4 Overall Average -13.8% -13.5% -13.3% 51.2% 5.5 # Resp.Classification Survey Minimum Survey Midpoint Survey Maximum Survey Average Range Width 203 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-4 Market Minimums A starting point of the analysis was to compare the peer’s market minimum for each classification to the City’s range minimums. Market minimums are generally considered as an entry level salary for employees who meet the minimum qualifications of a classification. Those employees with salaries at or near the range minimums typically are unlikely to have mastered the job and probably have not acquired the skills and experience necessary to be fully proficient in their classification. As Exhibit 4B illustrates, for the benchmarked classifications, the City was, on average, approximately 13.8 percent below market at the minimum of the respective salary ranges. The following observations can be made based on the collected data:  The surveyed position differentials ranged from 50.2 percent below market minimum in the case of the Mechanic classification to 7.5 percent above market for the Gas Crew Technician I classification.  Of the 37 classifications surveyed with differentials, 31 classifications (83.8 percent) had differentials below market at the minimum. Market Midpoint Market midpoints are important to consider because they are commonly recognized as the salary point at which employees are fully proficient in satisfactorily performing their work. As such, midpoint is often considered as the salary point at which a fully proficient employee could expect his or her salary to be placed. As Exhibit 4B illustrates, for the benchmarked classifications, the City was, on average, 13.5 percent above market at the midpoint of the respective salary ranges. Based on the collected data, the following observations can be made:  The surveyed position differentials ranged from 36.6 percent below market midpoint in the case of the Mechanic classification to 11.0 percent above market for the Municipal Court Clerk (Police) classification.  Of the 37 classifications surveyed with differentials, 32 classifications (86.5 percent) had differentials below market at the midpoint. Market Maximums In this section, the average of the peer salary range maximums is compared to the City’s range maximums for each benchmarked classification. The market maximum is significant as it represents the upper limit salary that an organization might provide to retain and/or reward experienced and high performing employees. Additionally, being competitive at the maximum allows organizations to attract highly qualified individuals for in-demand classifications. 204 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-5 As Exhibit 4B illustrates, the City’s benchmarked positions were, on average, 13.3 percent above market at the maximum of the respective salary ranges. Based on the collected data, the following observations can be made:  The surveyed position differentials ranged from 28.3 percent below market maximum in the case of the Code Enforcement Officer classification to 14.5 percent above market for the Municipal Court Clerk (Police) classification.  Of the 37 classifications surveyed with differentials, 31 classifications (83.8 percent) were below market at the maximum. 4.2 PRIVATE SECTOR MARKET DATA Some classifications at the City can be found in the private sector. To supplement the public- sector data, private sector salary data for May 2019 from Economic Research Institute (ERI) were analyzed for these easily transferable positions. Exhibit 4C summarizes the ERI private sector salary data for the Commerce, GA area. While salary data from the private sector were useful in determining characteristics of the market, there are inherent differences between private and public-sector classifications which made it difficult to draw conclusions about public sector salary ranges entirely from private sector data. However, the data were considered when making the pay grade recommendations discussed in Chapter 5 of this report. 205 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-6 EXHIBIT 4C PRIVATE SECTOR MARKET SUMMARY Average % Diff Average % Diff Average % Diff Accounting Manager $56,146.00 -40.8% $88,195.50 -61.9% $120,245.00 -73.0% 114.2% Animal Control Officer $24,206.00 7.9% $35,559.00 -7.9% $46,912.00 -17.2% 93.8% Billing Coordinator $35,641.00 -10.9% $47,812.00 -17.6% $59,983.00 -21.8% 68.3% Building Inspector $35,726.00 8.8% $51,418.50 -5.1% $67,111.00 -13.3% 87.8% Buyer $36,985.00 -14.5% $54,546.00 -30.6% $72,107.00 -39.8% 95.0% Cashier $17,665.00 34.1% $24,413.00 24.6% $31,161.00 18.6% 76.4% Children's Specialist (Library) $25,479.00 12.7% $38,319.00 -5.5% $51,159.00 -15.9% 100.8% Community Improvement Director $45,214.00 19.9% $69,588.00 -0.5% $93,962.00 -12.1% 107.8% Compliance & Construction Manager $50,520.00 -1.0% $79,605.00 -23.8% $108,690.00 -36.2% 115.1% Customer Service Coordinator $26,377.00 -5.6% $40,471.00 -25.7% $54,565.00 -36.9% 106.9% Director of Library Services $48,549.00 -7.0% $76,701.50 -29.9% $104,854.00 -42.4% 116.0% Electric Distribution Supervisor $37,258.00 9.5% $54,892.00 -6.6% $72,526.00 -16.0% 94.7% Equipment Operator (Public Works) $30,255.00 -14.3% $42,264.50 -25.1% $54,274.00 -31.6% 79.4% Field Foreman $33,163.00 -8.7% $47,190.50 -21.3% $61,218.00 -28.8% 84.6% Fleet Maintenance Supervisor $39,844.00 -21.9% $58,752.50 -37.8% $77,661.00 -46.9% 94.9% Gas Crew Helper I $20,923.00 22.4%$28,775.00 13.2% $36,627.00 7.5% 75.1% Heavy Equipment Operator (Public Works) $31,262.00 -7.7% $45,670.00 -22.9% $60,078.00 -31.7% 92.2% Human Resources Manager $55,695.00 -25.5%$88,339.00 -48.3% $120,983.00 -60.3% 117.2% Lineman I $37,159.00 -0.1% $53,359.00 -13.7% $69,559.00 -21.8% 87.2% Maintenance Worker (Public Works) $31,067.00 -7.1% $41,473.00 -13.4% $51,879.00 -17.3% 67.0% Mechanic $30,302.00 -41.2% $42,190.00 -37.9% $54,078.00 -36.0% 78.5% Meter Reader (Public Works) $24,815.00 15.3% $35,732.50 1.5% $46,650.00 -6.7% 88.0% Recreation Director $41,202.00 9.4% $67,305.00 -17.0% $93,408.00 -31.2% 126.7% Water & Sewer Maintenance Worker I $25,552.00 2.5% $37,859.00 -14.2% $50,166.00 -23.8% 96.3% Waste Water Treatment Plant Lab Analyst $23,686.00 29.8% $39,346.00 1.8% $55,006.00 -13.2% 132.2% Waste Water Treatment Plant Operator III $33,412.00 -14.4% $47,156.00 -26.1% $60,900.00 -33.1% 82.3% Waste Water Treatment Plant Operator Maintena $31,831.00 -14.5% $43,124.00 -22.2% $54,417.00 -26.9% 71.0% Waste Water Treatment Plant Superintendent $46,595.00 -12.8% $73,308.50 -35.2% $100,022.00 -47.3% 114.7% Overall Average -2.7% -18.2% -27.0% ERI Maximum Survey Avg Range WidthClassification ERI Minimum ERI Midpoint 4.3 SALARY SURVEY SUMMARY It should again be noted that the standing of a classification’s pay range compared to the market is not a definitive assessment of an individual employee’s salary being equally above or below market. A salary range does, however, speak to the City’s general ability to recruit and retain talent over time. If a range minimum is significantly lower than the market would offer, the City could find itself losing out to its market peers when it seeks to fill a position. It is equally true that range maximums lower than the market maximums may serve as a disincentive for experienced employees to remain at the City. From the analysis of the data gathered in the external assessment discussed above, the benchmark classifications’ ranges were generally found to be below the City’s desired market position of being competitive with its peers in the labor market. 206 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-7 4.4 BENEFITS SURVEY RESULTS In addition to the salary survey, Evergreen conducted a benefit survey to compare the City’s current benefits to those of its peers. The information provided in this section is a result of the analysis of the current benefits at the City and at each peer organization, which are subject to change. Benefit plans have intricacies that are not represented in this chapter; therefore, the data should not be used for a line-by-line comparison since benefits can be weighted differently depending on the importance to an organization. It should also be noted that benefits are usually negotiated and acquired through third parties, so one-to-one comparisons can be difficult. The analysis below highlights the results of the benefits survey. Data were requested from the same 21 targets utilized for the salary survey and subsequently collected from the nine peer organizations shown in Exhibit 4D. EXHIBIT 4D BENEFITS RESPONDENTS Town of Braselton City of Elberton City of Lawrenceville City of Royston City of Suwanee Barrow County Hall County Jackson County Jackson County WASA Market Peers General Benefits Exhibit 4E provides counts and a percentage of the peers and the City’s full-time and part- time employees. On average, the peer organizations were comprised of 87.4 percent full- time employees and 12.6 percent part-time employees. For the City, this percentage was 98.7 percent full-time, and 1.3 percent part-time. The number of full-time and part-time employees can influence the benefits provided by an organization and thus are provided below: EXHIBIT 4E PERCENT OF FULL-TIME AND PART-TIME EMPLOYEES Organization Demographics Full‐Time Employees 154 87.4% 75 98.7% Part‐Time Employees 22 12.6% 1 1.3% City of Commerce, GAPeer Average 207 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-8 Total compensation refers to the compensation package (salary and benefits) an employee receives from its organization. The percentage of benefits in relation to total compensation is a common broad indicator used to assess how generous the discretionary benefits are at individual organizations. Therefore, benefits as a percentage of total compensation was calculated by the peers by dividing benefits expressed as a dollar amount by the amount of total compensation (salary plus benefits). As seen in Exhibit 4F, the market average for benefits as a percentage of total compensation was approximately 25.7 percent based on the information provided. Again, the results were calculated by the respondents and the City and may not precisely reflect the monetized value of all discretionary benefits as intended. EXHIBIT 4F BENEFITS AS PERCENT OF TOTAL COMPENSATION Total Compensation Peer Average City of Commerce, GA Benefits as a percentage of total  compensation 25.7% 34.3% Employee Health Plans Exhibit 4G shows the number of health plans provided to current employees by the responding peers and the City. The average number of health plans provided (any combination of HMO, HDHP/HSA, PPO, or POS) was 1.4 based on the market data. The City provided two health plan options, an HMO and a PPO. EXHIBIT 4G NUMBER OF HEALTH PLANS Number of Plans Peer Average City of Commerce, GA Number of health plan options  provided 1.4 2 Exhibit 4H displays information regarding the health plans of peers compared to the City’s plans. Regarding health plan premiums, the City’s employee paid portion of the premiums for the PPO plan and HMO plan were less than the peer’s average for PPO, HSA, and POS plans. Therefore, the City paid a greater portion of the health plan premiums than the surveyed peers. From this exhibit, one can also observe that peers offered other types of health insurance plans such as the POS and Health Savings Account (HSA) plans. 208 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-9 EXHIBIT 4H HEALTH PLAN PREMIUMS AND DEDUCTIBLES Health Plan Premiums & Deductibles Peer PPO  Average Peer HSA  Average Peer POS  Average City of  Commerce, GA City of  Commerce, GA Percentage of peers offering each plan 44.4% 25.0% 55.6% PPO HMO DOLLAR AMOUNT (monthly) of employee  premium paid by employer $569.61 $583.23 $553.32 $652.83 $636.00 DOLLAR AMOUNT (monthly) of employee  premium paid by employee $68.35 $60.94 $74.77 $28.17 $0.00 DOLLAR AMOUNT (monthly) of employee  plus child premium paid by employer $668.92 $1,077.06 $1,137.37 $1,206.00 $1,173.33 DOLLAR AMOUNT (monthly) of employee  plus child premium paid by employee $291.53 $115.88 $361.51 $88.00 $34.67 DOLLAR AMOUNT (monthly) of employee  plus spouse premium paid by employer $758.47 $1,202.65 $1,097.16 $1,266.00 $1,232.00 DOLLAR AMOUNT (monthly) of employee  plus spouse premium paid by employee $318.60 $125.73 $325.60 $96.00 $40.00 DOLLAR AMOUNT (monthly) of employee  plus family premium paid by employer $1,058.01 $1,771.35 $1,598.00 $1,879.00 $1,828.00 DOLLAR AMOUNT (monthly) of employee  plus family premium paid by employee $562.39 $189.48 $454.62 $164.00 $80.00 Individual Maximum Deductible In Network $1,250.00 $2,025.00 $1,800.00 $500.00 $0.00 Individual Maximum Deductible Out of  Network $2,500.00 $3,950.00 $6,000.00 $1,000.00 ‐ Employee Plus Child Maximum Deductible In  Network $2,125.00 $2,700.00 $9,000.00 $1,500.00 $0.00 Employee Plus Child Maximum Deductible  Out of Network $4,250.00 $5,400.00 $18,000.00 $3,000.00 ‐ Employee Plus Spouse  Maximum Deductible  In Network $2,125.00 $2,700.00 $7,000.00 $1,000.00 $0.00 Employee Plus Spouse  Maximum Deductible  Out of Network $4,250.00 $5,400.00 $16,500.00 $2,000.00 ‐ Employee Plus Family Maximum Deductible  In Network $3,750.00 $6,600.00 $5,100.00 $1,500.00 $0.00 Employee Plus Family Maximum Deductible  Out of Network $7,500.00 $13,200.00 $13,875.00 $3,000.00 ‐ 209 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-10 Other Insurance Plans Exhibit 4I displays information from the responding peers regarding provided or offered dental and vision insurance plans. The City, as did a majority of its peers, provided dental insurance plans, and with no cost to the employee. The City does offer a vision insurance plan where the employee pays the full premium, as did just over half of peers with regard to employee paid vision plans. EXHIBIT 4I DENTAL AND VISION PLANS Peer  Percentage  Offered Average  Number of  Plans  Offered Average  maximum  monthly amount  that the  employee pays  for employee  only coverage Average  maximum  monthly amount  that the  employee pays  for employee  plus dependent  coverage Average  maximum  monthly amount  the employer  pays for  employee only  coverage Average  maximum  monthly amount  the employer  pays for  employee plus  dependent  coverage Employer Paid 77.8% 1.3 $2.39 $12.43 $341.99 $66.39 City of Commerce, GA Yes 1.0 $0.00 $0.00 $25.00 $76.00 Employee Paid 62.5% 0.0 $41.44 $323.02 $0.00 $0.00 City of Commerce, GA ‐ ‐ ‐ ‐ ‐ ‐ Employer Paid 37.5% 1.0 ‐ ‐ $342.00 ‐ City of Commerce, GA ‐ ‐ ‐ ‐ ‐ ‐ Employee Paid 55.6% 1.0 $7.89 $19.56 ‐ ‐ City of Commerce, GA ‐ ‐ $8.16 $16.76 ‐ $16.76 Dental and Vision Offerings Dental  Insurance Vision Plan Exhibit 4J displays the percentage of responding peers who provided short and long-term disability insurance. Of the responding peers, 44.4 percent provided employer paid short- term disability insurance. Unlike the City, more than half of the peers did not provide employee paid options for short-term disability. The City did not offer employer paid options for long-term disability, matching 55.6 percent of its peers. 210 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-11 EXHIBIT 4J DISABILITY INSURANCE Peer  Percentage  Offered What is the  maximum  monthly amount  that the  employee pays  for coverage? What is the  maximum  monthly amount  the employer  pays for  coverage? What percentage  of salary does the  employee  receive? Employer Paid 44.4% $0.00 $18.32 60.0% City of Commerce, GA Yes $0.00 $9.00 $150.00/wk Employee Paid 44.4% $11.75 $0.00 62.0% City of Commerce, GA‐‐‐‐ Employer Paid 44.4% $0.00 $10.06 60.0% City of Commerce, GA ‐ ‐ ‐ ‐ Employee Paid 33.3% $0.00 $0.00 60.0% City of Commerce, GA ‐‐‐‐ Disability Insurance Short‐Term  Disability Long‐Term  Disability Life Insurance Exhibit 4K summarizes the life insurance offerings of responding peers and the City. Employer-paid life insurance was provided by 88.9 percent of the peers as well as the City. Most of the peers, as well as the City, offer optional dependent coverage, additional employee paid life insurance, and accidental death insurance. The peers on average utilized up to $30,000 for the death benefit, with three peers noting the amount is twice the amount of the employee’s salary rather than a fixed amount. EXHIBIT 4K LIFE INSURANCE Life Insurance Peer  Percentage Yes Peer Average City of  Commerce, GA Is employer‐paid life insurance offered? 88.9% ‐ Yes Cost (monthly) to employer for individual  coverage ‐ $18.13 $4.56 Dollar amount of death benefit ‐ $30,000.00 $12,000.00  Is Optional dependent coverage offered? 87.5% ‐ Yes Can the employee purchase (additional)  life insurance if desired?88.9% ‐ Yes Is accidental death insurance provided? 55.6% ‐ Yes Exhibit 4L summarizes the Employee Assistance Programs (EAP) offering. EAP services were 211 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-12 provided by 62.5 percent of responding peers, with 100 percent of those same peers offering these benefits to employees’ families. On average, about 4.5 annual visits were provided by peers. The City, however, did not offer Employee Assistance Programs (EAP) with benefits to the employees or families. EXHIBIT 4L EMPLOYEE ASSISTANCE PROGRAM EAP Peer  Percentage Yes Peer Average City of  Commerce, GA Does your organization offer an employer‐paid  Employee Assistance Program?62.5% ‐ No Are benefits available to family members as  well as the employee?100.0% ‐ Number of Annual EAP Visits Provided ‐ 4.5 ‐ Exhibit 4M shows tuition reimbursement among peers and the City. Tuition reimbursement for employees is provided by 77.8 percent of responding peers, with an average reimbursement limit of $1,500 per fiscal year. The City matched the majority of its peers by also offering tuition reimbursement to its employees. EXHIBIT 4M TUITION REIMBURSEMENT BENEFITS Tuition Reimbursement Peer  Percentage Yes Peer Average City of  Commerce, GA Is Tuition Reimbursement offered? 77.8% ‐ Yes Tuition Reimbursement limit ‐ $1,500.00 ‐ Employee Leave and Holidays Exhibit 4N provides the average accrual rates for sick, annual/vacation, personal, and paid time off for employees for both responding peers and the City. Responding peers provided an average minimum monthly accrual rate for sick leave of 10.3 hours and a maximum rate of 11.8 hours. Furthermore, the peers provided an average minimum monthly accrual rate for annual/vacation leave of 9.8 hours and a maximum rate of 15.1. The City offers a minimum monthly accrual rate of 8 hours and a maximum monthly accrual amount of 8 hours for sick leave. The City’s annual/vacation leave has a minimum accrual rate of 8 hours and a maximum accrual rate of 10 hours. 212 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-13 EXHIBIT 4N LEAVE TIME ACCRUAL Leave Accrual Organization Offered? Minimum  Accrual Rate  (Monthly) How many years  of service does it  require to begin  to accrue the  minimum rate? Maximum  Accrual Rate  (Monthly) Years to Achieve  Maximum  Accrual Rate Maximum  Allowed to Roll  Over to  Following Year Peer Percentage  Yes/Average 50.0% 10.3 0.0 11.8 0.0 506.7 City of Commerce, GA Yes 8.0 30 8.0 1.0 1040 Peer Percentage  Yes/Average 50.0% 9.8 0.2 15.1 12.4 226.7 City of Commerce, GA Yes 8.0 1.0 10.0 10.0 250 Peer Percentage  Yes/Average 28.6% 14.0 0.1 19.0 5.0 240.0 City of Commerce, GA ‐ ‐ ‐ ‐ ‐ ‐ Peer Percentage  Yes/Average 50.0% 6.5 0.3 17.1 15.3 342.0 City of Commerce, GA ‐ ‐ ‐ ‐ ‐ ‐ Paid‐Time Off Sick Leave Personal Leave Annual/Vacation  Leave Exhibit 4O summarizes respondents’ policies regarding the payout of sick leave upon employee termination. Similar to most peers, the City did not provide sick leave payout upon voluntary separation. The City and half of the peers allowed unused sick leave to count towards retirement. In addition, one peer specified their maximum hours of sick leave that can count towards retirement was 240, while the City quantified their plan as the equivalent of three months. EXHIBIT 4O SICK LEAVE PAYOUT Sick Leave Policies Peer  Percentage Yes Peer Average City of  Commerce, GA Is unused sick leave paid out upon voluntary  separation?16.7% ‐ No Is unused sick leave paid out upon involuntary  separation?0.0% ‐ No Can unused sick leave count towards retirement? 50.0% ‐ Yes Max hours of sick leave that can count towards  retirement ‐240.03 months Exhibit 4P summarizes respondents’ policies regarding annual/vacation leave payout. Annual/vacation leave was paid out by 85.7 percent of respondents for voluntary separation and 85.7 percent of respondents for involuntary separation. The City also pays out vacation leave for voluntary separation and a reduced amount for involuntary separation. 213 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-14 EXHIBIT 4P ANNUAL/VACATION LEAVE PAYOUT Vacation Leave Policies Peer  Percentage Yes Peer Average City of  Commerce, GA Is unused annual/vacation leave paid out upon  voluntary separation?85.7% ‐ Yes Max hours of annual/vacation leave paid out upon  voluntary separation ‐ 240.0 250 Is unused annual/vacation leave paid out upon  involuntary separation?85.7% ‐ Yes Max hours of annual/vacation leave paid out upon  involuntary separation ‐240.050% The percentages of peers recognizing various holidays and the holidays at the City are shown in Exhibit 4Q. All peers recognized New Year’s Day, Memorial Day, Independence Day, Thanksgiving Day, Thanksgiving Friday, Christmas Eve, and Christmas Day. The City recognizes these days, as well as Martin Luther King, Jr. Day, and Labor Day for a total of 9 paid holidays each year, which was lower than the peer average of 10.3. EXHIBIT 4Q RECOGNIZED HOLIDAYS Paid Holiday observed by peer  organizations Peer  Percentage Yes City of  Commerce, GA New Year's Day 100.0% Yes New Year's Eve 33.3% No Martin Luther King, Jr. Day 88.9% Yes Lincoln's Birthday 0.0% No Washington's Birthday 0.0% No Presidents Day 0.0% No Good Friday 55.6% No Memorial Day 100.0% Yes Independence Day 100.0% Yes Labor Day 88.9% Yes Veteran's Day 44.4% No Thanksgiving Day 100.0% Yes Day after Thanksgiving 100.0% Yes Christmas Eve 100.0% Yes Christmas Day 100.0% Yes Personal Holiday 11.1% No Employee Birthday 11.1% No Other 0.0% No 214 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-15 EXHIBIT 4Q RECOGNIZED HOLIDAYS (CONTINUED) Peer  Total/Percentage Yes City of  Commerce, GA 10.3 9 Straight time 44.4% Yes Time and One Half if  hours worked exceed  maximum for straight  time 33.3% Yes Time and a Half  regardless of hours  worked during the pay  period 11.1% No Double time 11.1% No Holiday Policies How are employees  paid for working on  holidays? Total Number of holidays observed Retired Employee Benefits Exhibit 4R displays the number of retirement plans provided as well as retirement details and participation data among the City and its peers. Of the peer respondents, the average amount of time required to fully vest was just under five years, while the City utilized 10 years in its plan. The City offered a COLA to retiree pensions, which contrasted with 90.9 percent of its peers. The City also offered a disability provision to the retirement plans, while only 22.2 percent of peers did so. 215 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-16 EXHIBIT 4R RETIREMENT Number of Plans Peer Average City of  Commerce, GA Number of retirement plans offered 1.7 2 Retirement Details Peer Average City of Commerce,  GA Years to fully vest 4.9 10 COLA offered to retiree pensions 9.1% Yes Does the retirement plan offer a disability  provision?22.2% Yes What percent of salary does the organization  contribute to this retirement option?5.7%8% on Defined  Benefit Plan What percent of salary does the employee  contribute to this retirement option? 3.3% 0.0% Retirement Participation Peer  Percentage Yes City of  Commerce, GA Is D.R.O.P. offered? 0.0% ‐ Is a 401k, 401a, 403(b), or 457 offered? 44.4% Yes Is a type of plan other than a 401k, 401a, 403(b) or  457 offered?0.0% ‐ Insurance for Retirees Peer Average City of Commerce,  GA Does your organization offer health insurance to  retired employees?44.4% Yes Does your organization offer dental insurance to  retired employees?33.3% Yes Does your organization offer life insurance to  retired employees?11.1% Yes 4.5 BENEFITS SUMMARY The peer benefit data summarized in this chapter indicate that the City had a competitive benefits package for both current and retired employees. The City was comparable and ahead in some categories of benefits such as number of health plans, dollar amount of health premium paid by employees, dental insurance, short-term disability insurance, life 216 Chapter 4 – Market Summary Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 4-17 insurance, tuition reimbursement, retirement COLA, and retirement disability provisions. However, the City was slightly behind its peers when it came to vision plans, long-term disability insurance, Employee Assistance Programs, leave time accrual, number of recognized paid holidays, and retirement vesting period. 4.6 MARKET SUMMARY From the analysis of the data gathered in the external assessment discussed above, the City’s pay plans were generally found to be below a competitive position at the minimum, midpoint and maximum. The review of data for both public and private sectors indicates the City could benefit from the development and implementation of a more competitive pay structure (salary ranges). When comparing employee benefits, the City was found to be generally competitive. All study findings and subsequent recommendations can be found in the next chapter of this report. 217 Evergreen Solutions, LLC Page 5-1 *0 The analysis of the City’s classification and compensation system revealed several areas of opportunity for improvement. While job titles were assigned with relative consistency, the pay structure was not competitive with today’s labor market. Evergreen worked to refine the classification system and develop a competitive pay system that could be utilized going forward. Study recommendations, as well as the findings that led to each, are discussed in this chapter. 5.1 CLASSIFICATION SYSTEM An organization’s classification system establishes how its human resources are employed to perform its core services. The classification system consists of the titles and descriptions of the different classifications, or positions, which define how work is organized and assigned. It is essential that the titles and descriptions of an organization’s classifications accurately depict the work being performed by employees in the classifications to ensure equity within the organization and to enable comparisons with positions at peer organizations. The purpose of a classification analysis is to identify such issues as incorrect titles, outdated job descriptions, and inconsistent titles across departments. In this analysis of the City’s classification system, Evergreen collected classification data through the Job Assessment Tool (JAT) and Management Issues Tool (MIT) processes. The JAT’s, which were completed by employees and reviewed by their supervisors, provided information about the type and level of work being performed for each of the City’s classifications. The MIT process provided supervisors an opportunity to provide specific recommendations regarding the pay or classification of positions in their areas. Evergreen reviewed and utilized the data provided in both as a basis for the recommendations below. FINDING Overall, the classification system utilized by the City was sound. However, there were some instances of titles that could be modified to better reflect the tasks assigned to the position. RECOMMENDATION 1: Revise the titles of some classifications, collapse titles (levels) for positions, and add titles (levels) for others. Exhibit 5A provides a list of the recommended changes to the classification system. Not listed are minor changes e.g., spelling out abbreviated words; however, listed are modifications to entire classifications and those that had changes for one or two employees in a classification. For example, some classifications were given a level designation to provide clarity to the classification. On the other hand, some classifications were collapsed into one level as the level designations were removed. The foundation for all recommendations was the work performed by employees as described in their JAT’s, best practices in the Human Resources field, or unique needs which required a specific titling method. EVERGREEN SOLUTIONS, LLC Chapter 5 - Recommendations 218 Chapter 5– Recommendations Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 5-2 EXHIBIT 5A PROPOSED CLASSIFICATION CHANGES FINDING When comparing the City’s current job descriptions to the work described by employees in the JAT’s, Evergreen noted some tasks that were missing from the current job descriptions. This can happen over a period of time if the descriptions are not reviewed and updated on a regular basis. As well, some tasks in one classification are often reassigned to another classification. As such, these changes make it necessary for an organization to update its job descriptions regularly to ensure each job description accurately reflects the work performed. RECOMMENDATION 2: Revise all job descriptions to include updated classification information provided in the JAT, and review job descriptions annually for accuracy. The process of reviewing and updating the City’s job descriptions as well as comments received from employees and supervisors during outreach revealed they did not, in some cases, accurately reflect current work performed. To minimize this becoming a concern again in the future, Evergreen recommends a regular review of these descriptions, and FLSA status determinations. To the extent possible, a review of the employee’s assigned job classification (description) should occur concurrent with his/her annual performance evaluation, if conducted. This would be an appropriate time to review the job description for the classification as it should accurately represent the work the employee will perform during an evaluation period. Review of the FLSA determination as well as other aspects of the job, such as physical requirements required to perform essential functions will also ensure consistent, continuous compliance with the American’s with Disabilities Act (ADA) protection. At the time of this report, Evergreen was in the process of revising the job descriptions for all classifications. These will be provided to the City under separate cover. Current Class Title Recommended Class Title Administrative Clerk Planning & Development Administrative Assistant Athletic Coordinator Athletic/Aquatics Coordinator Buyer Finance Specialist Cashier Customer Service Coordinator Children's Specialist Children's Program Specialist Code Enforcement Code Enforcement Officer Gas Crew Helper I Gas Crew Worker Gas Crew Technician I Gas Crew Technician Heavy Equipment Operator Public Works Heavy Equipment Operator Heavy Equipment Operator/ Water & Sewer Heavy Equipment Operator HR, PR & Benefits Human Resources Manager 219 Chapter 5– Recommendations Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 5-3 5.2 COMPENSATION SYSTEM The compensation system analysis consisted of two parts: an external market assessment and an internal equity assessment. During the external market assessment, data for the City’s selected benchmark classifications were aggregated at the average for the identified peers. Details regarding the external market assessment were provided in Chapter 4 of this report. During the internal equity assessment, consideration of the relationships between and the type of work being performed by the City’s employees were reviewed and analyzed. Specifically, a composite score was assigned to each of the classifications that quantified the classification’s level of five separate compensatory factors (Leadership, Working Conditions, Complexity, Decision-Making, and Relationships). The level for each factor was determined based on responses to the JAT. The results of both analyses were utilized when developing the recommendations below. FINDING At this time of this study, the City administered step plans for its employees. During the discussion of its compensation philosophy, it was learned that its desire was to transition to one open range designed structure (pay plan) that is competitive with its peers. Implementing a new, competitive pay plan would provide the City with an improved ability to attract, hire and retain employees. As well, an open-range design would provide flexibility for the City as it continues to develop its long term pay philosophy. RECOMMENDATION 3: Implement and maintain a competitive open-range pay plan aligned with the City’s compensation philosophy that reflects its desired market position and best practices; slot all classifications into the plan based on external and internal equity; and implement the structure by transitioning employees’ salaries into the plan. Exhibit 5B shows the proposed open-range pay plan for all employees with 20 pay grades, numbered 101 through 120. The range spreads begin at 50 percent and transition to 55 percent at Grade 110. 220 Chapter 5– Recommendations Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 5-4 EXHIBIT 5B PROPOSED PAY PLAN After developing the pay plan, Evergreen slotted each proposed classification into the appropriate pay range in the recommended plan. Both internal and external equity were analyzed when slotting the classifications. Assigning pay grades to classifications requires a balance of internal equity, desired market position, and recruitment and retention concerns. Thus, market range data shown in Chapter 4 were not the sole criteria for the proposed pay ranges. Some classifications’ grade assignments varied from their associated market range due to the other factors mentioned above. The resulting recommended pay grades for each of the City’s classifications are shown in Exhibit 5C. It should also be noted that the recommended classification titles are utilized in the exhibit. Grade Minimum Midpoint Maximum Range Spread 101 25,050$           31,313$           37,575$           50% 102 26,428$           33,035$           39,642$           50% 103 27,881$           34,852$           41,822$           50% 104 29,415$           36,768$           44,122$           50% 105 31,033$           38,791$           46,549$           50% 106 32,739$           40,924$           49,109$           50% 107 34,540$           43,175$           51,810$           50% 108 36,440$           45,550$           54,660$           50% 109 38,444$           48,055$           57,666$           50% 110 40,558$           51,712$           62,865$           55% 111 42,789$           54,556$           66,323$           55% 112 45,142$           57,557$           69,971$           55% 113 47,625$           60,722$           73,819$           55% 114 50,245$           64,062$           77,879$           55% 115 53,008$           67,585$           82,163$           55% 116 55,924$           71,303$           86,681$           55% 117 58,999$           75,224$           91,449$           55% 118 62,244$           79,361$           96,479$           55% 119 65,668$           83,726$           101,785$         55% 120 98,502$           125,590$         152,677$         55% 221 Chapter 5– Recommendations Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 5-5 EXHIBIT 5C PROPOSED PAY GRADES Recommended Class Title Proposed Grade Proposed Minimum Proposed Midpoint Proposed Maximum Customer Service Coordinator Maintenance Worker Water & Sewer Maintenance Worker I Administrative Assistant Equipment Operator Evidence Technician - CID Gas Crew Worker Ground Technician Meter Reader WWTP Maintenance Worker I Animal Control Officer Deputy Court Clerk Gas Crew Technician Athletic/Aquatics Coordinator Children's Program Specialist Heavy Equipment Operator Municipal Court Clerk Water & Sewer Maintenance Worker II Billing Coordinator Facilities Coordinator Finance Specialist Mechanic WWTP Lab Analyst WWTP Operator III Code Enforcement Officer Field Foreman Fleet Maintenance Supervisor Gas Crew Leader Lineman I Assistant Parks & Recreation Director Lineman II Police Officer Building Inspector Building Official Corporal Corporal - CID Corporal - SRO Downtown Development Authority Director Human Resources Manager 102 $26,427.75 $33,034.69 $39,641.63 105 $31,032.56 $38,790.70 $46,548.84 109 $38,443.90 $48,054.87 $57,665.85 110 $40,558.31 $51,711.85 $62,865.38 106 $32,739.35 $40,924.19 $49,109.02 108 $36,439.71 $45,549.64 $54,659.57 107 $34,540.01 $43,175.02 $51,810.02 104 $29,414.75 $36,768.43 $44,122.12 103 $27,881.28 $34,851.60 $41,821.91 222 Chapter 5– Recommendations Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 5-6 EXHIBIT 5C PROPOSED PAY GRADES (CONTINUED) After assigning pay grades to classifications, the next step was to develop appropriate methods (options) for transitioning employees’ salaries into the proposed plan. This was done utilizing equitable methods (options) for calculating salaries in the plan and determining whether adjustments were necessary to individual salaries to bring them to their calculated salary. Evergreen calculated and provided optional transition methods in implementing the new plan. The following was selected as the most appropriate. MOVE TOWARD MARKET (2-TIER) First, employees’ salaries were compared to the minimums of their classification’s proposed pay ranges. If an employee’s salary was below his or her classification’s pay range minimum, an adjustment was proposed to raise the individual’s salary to the minimum. Next, employees with at least one year but less than ten years of tenure with the City were moved closer toward the market point of their proposed pay range. Employees with more than ten years of tenure with the City were moved even closer toward the market point of their proposed ranges. These increments were designed to give larger adjustments (in percentage terms) to those with salaries furthest from the market point and to provide greater adjustments to those with more tenure. Employees already at or above the market point were unaffected. Utilizing this approach, adjustments were then recommended for 69 employees with an approximate total annualized cost of $77,225. This is the approximate cost for salary Recommended Class Title Proposed Grade Proposed Minimum Proposed Midpoint Proposed Maximum Accounting Manager Sergeant Sergeant - CID City Clerk Lieutenant Lieutenant - Uniform Patrol WWTP Superintendent Electric Distribution Supervisor 113 $47,625.25 $60,722.19 $73,819.13 Captain Library Services Director Public Works Superintendent Recreation Director Electric Utility Director Information Technology Director Natural Gas Utility Director Public Works Director Community Improvement Director Police Chief City Manager 120 $98,501.59 $125,589.53 $152,677.47 118 $62,244.29 $79,361.47 $96,478.66 111 $42,789.02 $54,556.00 $66,322.98 114 $50,244.64 $64,061.91 $77,879.19 117 $58,999.33 $75,224.15 $91,448.96 112 $45,142.41 $57,556.58 $69,970.74 223 Chapter 5– Recommendations Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 5-7 adjustments (only) and does not include the associated costs for employee benefits. Additionally, the estimate assumes an approximate implementation date of January 1, 2020, and does not include the City’s adjustments to salaries based on its contribution to employees’ health insurance costs. 5.3 SYSTEM ADMINISTRATION The City’s compensation system will continue to require periodic maintenance. The recommendations provided to improve the competitiveness of the plan were developed based on conditions at the time the data were collected. Without proper upkeep, the potential for recruitment and retention issues may increase as the compensation and classification system becomes dated and less competitive. RECOMMENDATION 4: Conduct small-scale salary surveys as needed to assess the market competitiveness of hard-to-fill classifications and/or classifications with retention issues and make changes to pay grade assignments if necessary. While it is unlikely that the pay plan in total will need to be adjusted for several years, a small number of classifications’ pay grades may need to be reassigned more frequently. If one or more classifications are exhibiting high turnover or are having difficulty with recruitment, the City should collect salary range data from peer organizations to determine whether an adjustment is needed for the pay grade of the classification(s). If increasing a classification’s pay grade based on market data does not help with the recruitment and/or retention issues, it may be necessary for the City to offer incentives to attract employees to the position and/or to encourage employees to remain in the position. RECOMMENDATION 5: Conduct a comprehensive classification and compensation study every three to five years. Small-scale salary surveys can improve the market position of specific classifications, but it is recommended that a full classification and compensation study be conducted every three to five years to preserve both internal and external equity. Changes to classification and compensation do occur, and while the increments of change may seem minor, they can compound over time. A failure to react to these changes quickly has the potential to place the City in less than desirable position for recruiting and retaining quality employees. RECOMMENDATION 6: Review and revise, as appropriate, guidelines for progressing employee salaries through the pay plan, including those for determining salaries of newly hired employees and employees who have been promoted or transferred to a different classification or department. The method of moving salaries through the pay plan and setting new salaries for new hires, promotions, and transfers depends largely on an organization’s compensation philosophy. It is important for the City to have established guidelines for each of these situations, and to ensure that they are followed consistently for all employees. Common practices for progressing and establishing employee salaries are outlined below. 224 Chapter 5– Recommendations Classification and Compensation Study for the City of Commerce, GA Evergreen Solutions, LLC Page 5-8 Salary Progression There are several common methods for salary progression including cost of living adjustments (COLA) across the board, time based, and employee performance based. The City intends to continue to utilize performance based and across the board adjustments as methods of salary progression. It is recommended that the City continuously evaluate, as it has with this study, its salary progression methods for employees’ salaries and make changes to align with its compensation philosophy as appropriate. New Hires Typically, an employee holding the minimum education and experience requirements for a classification is hired at or near the classification’s pay grade minimum. However, for recruiting purposes the City needs the ability to offer salaries to new employees that consider prior related experience. It is recommended that the City continue to allow flexibility when establishing new employee salaries. It is also important, however, when determining new hire salaries to, when possible, preserve the internal equity of employees’ salaries within the classification. Promotions When an employee is promoted to a new classification, it is important to have guidelines for calculating the employee’s new salary that rewards the employee for his or her new responsibilities, moving the salary into the new pay grade, and ensuring internal equity in the new classification. For example, a range of three to seven percent increase is common today, with consideration given to preserving the internal equity of employees’ salaries within the classification. The City has established promotion guidelines which will continue to require review going forward to remain current with best practice. Transfers An employee transfer occurs when an employee is reassigned to a classification at the same pay grade as his or her current classification or when an employee’s classification stays the same, but his or her department changes. In either of these cases, it is likely that no adjustment is necessary to the employee’s salary. The only situation in which a salary adjustment would be needed for a transferred employee would be if his or her current salary is not aligned with the salaries of employees in the new classification or department. If that occurs, it may be necessary to adjust the salary of the employee or the incumbents of the classification to ensure salary equity within the new classification. 5.4 SUMMARY The recommendations in this chapter provide an update to the compensation and classification system for the City’s employees. If implemented, the recommendations will enhance the City’s competitiveness in the labor market. By implementing the proposed pay plan, it will have a responsive compensation system for several years to come. While the upkeep of this will require work, the City will find that having a competitive compensation system that enhances strong recruitment and employee retention is well worth this commitment. 225 Evergreen Solutions, LLC Appendix D Firms Organizational Chart 226 EXECUTIVE VICE-PRESIDENT Dr. Jeff Ling, CCP DIRECTOR OF MARKETING Ms. Queenell Fox, SHRM- SCP; IPMA-SCP; SPHR ADMINISTRATIVE ASSISTANT Ms. Jacqueline Barnes EVERGREEN SOLUTIONS, LLC PRESIDENT Dr. Linda Recio CONSULTANT TEAM Ms. Nancy Berkley – Senior Manager Mr. Michael Misrahi – Senior Consultant Mr. Lee Bouchelle – Senior Consultant Mr. Sam Wilburn – Consultant Mr. Brad Brackins – Senior Analyst Ms. Tameka Richardson – Senior Analyst Mr. Mark Holcombe – Senior Analyst Dr. Angele Yazbec – Senior Analyst Ms. Amanda Knapp – Proposal Coordinator Mr. Patrick Higman - Analyst EVERGREEN SOLUTIONS, LLC ORGANIZATIONAL CHART 227 CITY OF TYBEE ISLAND REQUEST FOR PROPOSAL RFP NO. 2019-741 ADDENDUM #1 CLASSIFICATION AND COMPENSATION PROPOSAL DUE: TUESDAY, NOVEMBER 19, 2019 by 2:00pm To all prospective proposers, please note the following questions and answers regarding this RFP:  When were your job descriptions last reviewed and updated? 2004  What is the current turnover rate? 10-15% yearly  How many different positions (job titles) are there within your 24 departments? Do these include your seasonal positions and if not, how many different positions (job titles) are there necessary to fill such jobs? 82 Full Time plus another 5 Part Time Seasonal  Do you have grades/levels under your current compensation structure? We have grades with minimum, midpoint, and maximum. Our last class and compensation study was completed in 2015.  Has the team identified the target market/organizations for the study? Other coastal cities comparable in size, such as Folly Beach, St Simons, and Fernandina. Also, surrounding cities such as Savannah, Pooler, and Richmond Hill  Do you have a not to exceed limit or an idea of the budgeted amount for this project? No Return this signed addendum with your proposal response. Name of Company: ________________________________________ Name/Title: ______________________________________________ Signature: ________________________________________________ 228 PROPOSAL for CITY OF TYBEE ISLAND CLASSIFICATION AND COMPENSATION STUDY RFP #2019-741 Submittal for RFP Dated November 19, 2019 Nancy McCartney, MBA, SHRM-CP, PHR McCartney Resources, LLC – President & CEO (864) 230-7744 Cell | Nancy@McCartneyResources.com www.McCartneyResources.com (866) HRSTRAT | (866) 477-8728 229 Page | 2 Table of Contents An interactive approach! ........................................................................................................................................................................... 3 A. Proposal Questionnaire .................................................................................................................................................................. 5 1. Organizational Structure ................................................................................................................... 5 2. Organization, Philosophy, Management .......................................................................................... 6 3. Contractual Relationships ................................................................................................................. 6 4. Firm’s Experience ............................................................................................................................ 7 5. Firms Communication & Customer Service .................................................................................... 7 6. Directly Related Experience ............................................................................................................. 7 7. Directly Related References ............................................................................................................. 8 8. Professional CVs/Bios ...................................................................................................................... 9 9. Firm’s Uniqueness .......................................................................................................................... 11 10. Job Analysis & Compensation Methodology. ................................................................................ 11 A. The Kick-Off Meeting: ........................................................................................................... 11 B. Classification Methodology [the Job Description]: ................................................................ 12 C. Classification Study ................................................................................................................ 13 D. Job Evaluation ......................................................................................................................... 13 E. Compensation Methodology [the Approach].......................................................................... 14 F. Compensation Study ............................................................................................................... 15 G. Recommendations and Implementation Strategies ................................................................. 17 H. Final Deliverables with Presentation ...................................................................................... 17 11. Proposed Fee Schedule ................................................................................................................... 18 12. Timeline .......................................................................................................................................... 19 13. Any Legal Issues ............................................................................................................................ 19 14. Additional Information ................................................................................................................... 19 B. Scope of Work Response .............................................................................................................................................................20 C. Examples Attached ........................................................................................................................................................................21 D. City of Tybee Island RFP No. 2019-741 (Copy Attached) ................................................................................................22 E. RFP Attachments (As Required, Signed) ..............................................................................................................................23 F. Addendums to RFP (Signed) .....................................................................................................................................................24 230 Page | 3 MCCARTNEY RESOURCES, LLC November 15, 2019 For, City of Tybee Island (the “City”) Our commitment to you, the client… EFFECTIVE AND ONGOING COMMUNICATION! To ensure continuous and informative project updates, our communication model includes weekly email updates to keep you informed on project highlights, interactive engagement, status of each phase of the project and next steps. You, the team, will know the progress and status of the project! Additionally, the project includes meetings in a variety of formats to include on-site, interactive webinars, conference calls, and others that best fit you as the client. Such meetings are an integral part of our model of services to ensure expectations are being met and a collaboration of support is developed. An interactive approach! In response to the City’s Request for Proposal (“RFP”) dated November 19, 2019, please accept this Proposal as our submittal for a Comprehensive Employee Compensation/Classification Study for both Parts I and II of the project to support and guide the City’s Goals and Objectives. As President and CEO of McCartney Resources, LLC and on behalf of a solid, committed and knowledgeable team, it is our honor to offer excellence in organizational design and development services supporting an effective employee compensation and classification study with a focus on compliance. With more than 20 years combined operational and human resources’ experience and education, solutions are designed to fit the City’s culture and needs offering a solid compensation infrastructure with competitive growth opportunities. With our HR expertise being a regulatory field, we are knowledgeable with various public sector organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. We have solid experience working in regulated industries to include municipalities, community services, environmental controls, healthcare, non-profit with governance and Board relations as well as those with National compliance certifications, manufacturing and much more. Many of these, workforce competition. Without exception, our classification and compensation projects have successfully met and exceeded intended commitments; communications were successful with employees, supervisors, management, and we were able to assist each organization in successfully implementing recommendations. All studies were brought to completion within stipulated time limits and proposed budgets. Our list of references is indicative of our firm’s reputation as being a quality organization that can be 231 Page | 4 relied on for producing comprehensive, sound, and cost-effective recommendations and solutions. McCartney Resources has a reputation for being “hands on” with the ability and expertise to implement its collaborative recommendations and best practices with a focus on compliance through to completion. Our goal is to provide professional and technical consulting assistance with integrity, honesty and a commitment to excellence. Thank you again for the opportunity to submit a proposal for a Comprehensive Employee Compensation and Classification Study. Nancy A. McCartney, MBA, PHR, SHRM-CP President and CEO Nancy@McCartneyResources.com Cell: (864) 230-7744 232 Page | 5 As your consulting firm, we believe in a blended team approach working closely with the City’s project team and key contributors identified to participate in the project – a collaborative and interactive style as aligned with the City’s stated objectives: 1. Attract and retain qualified employees. 2. Ensure positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills, and abilities are classified together. 3. Provide salaries commensurate with assigned duties. 4. Clearly outline promotional opportunities and provide recognizable compensation growth. 5. Provide justifiable pay differential between individual classes. 6. Maintain a competitive position with other comparable government entities and private employers. ************************************ A. PROPOSAL QUESTIONNAIRE: Please provide a concise description of your firm’s ability to provide a comprehensive classification and compensation study. Costs incurred by firms responding to this request are solely their responsibility. Additionally, please include the answers to the following questions (Address each by number): 1. Organizational Structure. Describe your organizational structure (i.e. publicly held corporation, partnership, etc.). How many employees do you have in your organization and what are their job categories? McCartney Resources, LLC is an S-Corporation and woman-owned by Nancy McCartney Fuller. Incorporated in April 2016, McCartney Resources is a multi-state HR consulting firm supporting clients in the Carolinas and in Georgia. Our experienced team works from individual virtual offices in the Upstate area just outside of Greenville, SC giving each the opportunity and flexibility to be on- site with clients and ensuring projects are completed timely and customer support given. With dedicated and secured virtual office space, McCartney Resources is a SC registered firm in good standing with a mailing address of P.O. Box 653, Greenville, SC 29602. The team brings over twenty (20) years of experience in providing Human Resources and operational management consulting services to a vast array of clientele including those in regulatory industries such as municipality, healthcare, manufacturing, and environmental controls as well as organizations managed by governance through a Board to include clients holding key certifications such as ISO9000 and CARF certification. Internal controls are established early on with the objective of protecting confidential client information. Each staff member is under an agreement of confidentiality with McCartney Resources to ensure client protection of proprietary data and information. This includes confidential information as well as backup systems and processes practiced retaining past, present and future data. All information and data created and customized for a client is proprietary to the client and property of the client. 233 Page | 6 McCartney Resources, LLC www.McCartneyResources.com Office No. (866) HRSTRAT or (866) 477-8728 Your team is comprised of three (3) dedicated members with extended resources based on expertise and needs. We are your local, hands-on team with a solid commitment to effective and timely communication while delivering effective programs. Additional Contracted Resources: Diversity/Inclusion Advisor: Laura Bogardus, Ph.D. Legal Counsel: Leah Cromer, Esq. of Palmetto Legal Solutions, LLC 2. Organization, Philosophy, Management. Briefly describe your company’s organization, philosophy, and management. Also, please provide a brief company history. McCartney Resources offers is an organization founded on a philosophy of engaging with clients that strive to improve business performance through empowering their employees, turn compliance into opportunities all while meeting today’s challenges for tomorrow’s growth. It starts with developing and empowering the employee! McCartney Resources is an organization owned and managed by Nancy McCartney, CEO, effectively supporting team members in leading client relationships and initiatives through to implementation while providing outstanding customer service. It is our mission to draw on our diverse capabilities and HR industry knowledge to develop impactful solutions that support client initiatives to compete and grow in their market. We collaboratively blend skills and experience to deliver results that matter, value that adds to the client’s initiatives and programs that can competitively grow. 3. Contractual Relationships. Describe your contractual relationships, if any, with organizations or entities necessary to your proposal’s implementation (i.e., actuarial services, data information services, etc.). McCartney Resources has engaged and currently holds excellent and rewarding contracts with clients, many directly related to the City’s RFP, we’re providing references herein that have such correlation with our Proposal. We appreciate the City’s need for additional information and by providing directly related references, will respect our confidentiality and non-disclosure agreements (although having authorization to disclose through references). Nancy McCartney, MBA, SHRM-CP, PHR President / CEO / Business Partner Nancy@McCartneyResources.com (864) 230-7744 Christine Stapleton, PHR, SHRM-CP Sr. Project Consultant/HR Business Partner Chris@McCartneyResources.com (864) 616-5777 Carolina Venegas Sr. HR Assistant (Bilingual) / Project Coord. Carolina@McCartneyResources.com (864) 990-6034 234 Page | 7 4. Firm’s Experience. How long has your organization been providing this type of service? Has your organization ever operated under a different name? Why was the name changed? McCartney Resources has been providing this type of directly related services for more than three (3) years. Our total overall HR experience spans more than 20 years. Combined, our team offers directly related experience as a consultant and in the capacity of an employee responsible and accountable for delivering excellence in Human Resources. Because we only submit proposals for and accept contracts we can fully support and deliver on, clients receive dedicated time and attention to ensuring objectives are timely met and implementation is successful. 5. Firms Communication & Customer Service. What is your firm’s scheme of communication and customer service interaction with clients? Nancy will serve as the Project Lead for this contract and Chris as the Co-Project Lead. All team members and affiliates are hands-on with Nancy coordinating all of McCartney Resources’ efforts, attend meetings, provide vision for the project team, lead classification and compensation study(ies), provide consultant support interacting with the City’s primary contacts, as well as advisory services, recommendations, and implementation strategies. While the team will collaborate and all are hands- on with contributing to the successful delivery of services, Nancy will also be responsible for all work products and deliverables. Chris, Co-Project Lead, assists with coordinating all of McCartney Resources efforts, regularly communicate project progress to stakeholders, attend meetings and will be responsible for work products and deliverables. She will provide consultant support interacting with employees and management, providing advisory services, recommendations, and implementation strategies. Carolina is solid in providing administrative team support while applying her HR generalist knowledge and understanding of best practices as a former supervisor and as an HR team member. 6. Directly Related Experience. Provide experience of the firm in conducting similar studies for Governmental entities and other comparable studies. This will include (three) 3 previous clients for whom the firm has performed a comprehensive classification and compensation study. ➢ Client – City of Folly Beach (municipality) Compensation and Benefits Study Attn: Spencer Wetmore, City Administrator www.cityoffollybeach.com P.O. Drawer 48 swetmore@cityoffollybeach.com Folly Beach, SC 29439 (843) 513-1834 Direct Line Overview: Contracted by the City via RFP to review current compensation and benefits structure, conduct market analysis of individual job titles and classifications, and provide recommendations for future compensation strategies to support competitiveness and talent management. The study measured and provided an analysis of employee survey results, the base salary, pay/step plans, City and State provided medical benefits packages along with other incentive-based compensation programs. To ensure the project’s validity and applicability, McCartney Resources conducted a thorough, interactive compensation and benefits analysis using similar-sized municipalities (SC, NC and GA) for comparison and recommended comparator cities for consideration. 235 Page | 8 ➢ Client – City of Myrtle Beach (municipality), Grand Strand Humane Society Attn: Fox Simons, Assistant City Manager www.cityofMyrtleBeach.com P.O. Drawer 2468 fsimons@cityofmyrtlebeach.com Myrtle Beach, SC 29578-2468 (843) 918-1016 Direct Line Overview: An entity receiving substantial financial support from the City of Myrtle Beach, McCartney Resources completed a contract assessing and recommending competitive changes to operational functions (e.g., organizational structure, position description development, compensation review and survey (selected positions), review and recommendations for Standard Operating Procedures, etc.) to include financial stability of the organization as well as an assessment on the effectiveness of the Board of Directors. ➢ Client – Girl Scouts of South Carolina – Mountains to Midlands (governance regulated) Attn: Lynn Arve, Chief Business Officer www.GSSC-MM.org Five Independence Pointe, Suite 120 larve@gssc-mm.org Greenville, SC 29615 (864) 423-3075 Cell Overview: Retained contract with multiple responsibilities to include compensation management, annual benefits’ analysis and a complete council reorganization to better support operations and talent management with a focus on retention and growth. An intragyral part of operations management and Human Resources compliance and processes, supporting critical efforts to enhance a solid, competitive HR infrastructure. 7. Directly Related References. Please provide at least two verifiable public-sector references, all of whom are able to comment on your organization’s relevant experience. Please include group name, contact name, and telephone number. Please furnish: • Services you provided • Example of recommendations made • Timeframe of completion • Number of employees, positions and classes studied • Contact name and phone number ➢ Client – City of Folly Beach (municipality) Compensation and Benefits Study Attn: Spencer Wetmore, City Administrator www.cityoffollybeach.com P.O. Drawer 48 swetmore@cityoffollybeach.com Folly Beach, SC 29439 (843) 513-1834 Direct Line Overview: Contracted by the City via RFP to review current compensation and benefits structure, conduct market analysis of individual job titles and classifications, and provide recommendations for future compensation strategies to support competitiveness and talent management. The study measured and provided an analysis of employee survey results, the base salary, pay/step plans, City and State provided medical benefits packages along with other incentive-based compensation programs. To ensure the project’s validity and applicability, McCartney Resources conducted a thorough, interactive compensation and benefits analysis using similar-sized municipalities (SC, NC and GA) for comparison and recommended comparator cities for consideration. Project Details: The City of Folly Beach has about 70 employees with 34 different position descriptions. The Scope of Work included four (4) key focus areas – identifying compensation goals, review job duties, conduct benefits’ analysis, and compare to marketplace study outlining findings and recommendations. 236 Page | 9 Timeframe aligns with the City of Folly Beach’s fiscal year -end and budget review to be completed this Fall season and present at the January City Council meeting. All timelines have been met (project kicked- off in June and will be completed November, with the final presentation in January), conducting data analysis reviews in person and at times via video conference. Examples of Recommendations Made: While data was collected from multiple resources to include employees (through a customized survey), comparable municipalities (9 total throughout SC, NC and GA), Area Economic Information / Impact, Municipal Association and the Department of Labor, Bureau of Labor Statistics recommendations were made under an employee Total Reward Program, some specific to the discipline (e.g., Administrative, Public Safety, Public Works & Utilities and Municipal Support Positions) and others specific to actual positions (e.g., Public Works, Public Safety). See attached examples. ➢ Client – City of Myrtle Beach (municipality), Grand Strand Humane Society Attn: Fox Simons, Assistant City Manager www.cityofMyrtleBeach.com P.O. Drawer 2468 fsimons@cityofmyrtlebeach.com Myrtle Beach, SC 29578-2468 (843) 918-1016 Direct Line Overview: An entity receiving substantial financial support from the City of Myrtle Beach, McCartney Resources completed a contract assessing and recommending competitive changes to operational functions (e.g., organizational structure, position description development, compensation review and survey (selected positions), review and recommendations for Standard Operating Procedures, etc.) to include financial stability of the organization as well as an assessment on the effectiveness of the Board of Directors. Project Details: The City of Myrtle had several project focus areas - Requirements for serving Board Members; job descriptions for management team; job descriptions and training requirements for staff and volunteers; daily operations; safety and security; internal and external communications; develop guidelines for disaster planning and emergency effectiveness; preparing facility, employees and administration; address responses and recovery efforts; aligned with the current Strategic Plan and supporting the mission of the organization with an Executive Summary was presented to City Council. Examples of Recommendations Made: Numerous recommendations were made in a variety of areas A few examples include Board governance documents updated (which we completed and implemented); conducted a general compensation market survey and analysis; enhance staff and volunteer orientation training, hire seasonal workers for peak times throughout the year including summer; implement attainable goals to increase grant-funding opportunities and sizeable donations, implement performance evaluation documentation, just to name a few. 8. Professional CVs/Bios. Provide professional resumes of all personnel to be involved in the study and a clear indication of the responsibilities of each. It is understood by the City that the individuals specified in the consultant’s proposal are the individuals who will do the w ork associated with the compensation study, as described in the proposal. Each member of the team has successfully contributed to project work on classification and compensation studies as well as operational management projects to include reorganizations, compliance initiatives such as employee handbook and customized policies and programs, HR assessments, job description analysis and development as well as a full array of HR support and guidance. Following are CVs/Bios of the Key Project Team who will support the study: Nancy McCartney, MBA, PHR, SHRM-CP President/Chief Executive Officer 237 Page | 10 Founder of McCartney Resources, LLC, launching her HR consulting business after more than 15 years’ experience as a human resources’ professional and consultant, Nancy’s expertise is building HR competencies through organizational development, designing and implementing strategies to reduce liability and provide workplace solutions for growing and startup businesses. With multi industry and multi state experience, HR services are designed to fit an organization’s culture, whether enhancing an HR program or designing an effective HR infrastructure. Holding leadership positions, Nancy has successfully designed and supported strategies with business initiatives and goals implementing various HR programs, policies and procedures including handbook design, workforce planning, recruiting, performance management, compensation comparisons and design, benefits’ design, employee and leadership development and employee engagement. Earning her MBA with a focus in finance from the University of South Carolina she is an active member of the HR community, currently serving as the 2018 President of the Association and Chairman of the Board of Directors for Greenville Society of Human Resources (GSHRM). Nancy is a member of the national organization SHRM, holding her HR certification (SHRM-CP) as well as her Professional Human Resources (PHR) certification from HRCI. Most recently Nancy is a graduate of the Leadership of South Carolina program, striving to enhance and support economic growth efforts in the state and communities. Although a graduate, Nancy continues to serve as an alum committee lead in the Upstate. Christine Stapleton, PHR, SHRM-CP Sr. Project Consultant/HR Business Partner Chris is an accomplished HR professional specializing in small to mid-sized companies. Designing and developing solutions and strategies, Chris’ broad experience offers professional guidance and project deliverables in organizational development aligning with company goals and strategies. Designing HR infrastructures to support operational functions with customized policies and procedures, defined job descriptions through analysis, talent acquisition and management, effective onboarding programs, compensation design and payrolling, employee retention, employee relations, compliance reporting, training and development as well as benefits administration. Combined with her extensive experience in business operations for professional service firms including increasing effectiveness and efficiency of support services through enhancements and improvements as well as coordination and communication between functions, Chris specializes in project leadership to support clients in achieving their business goals and objectives. She is certified through the Human Resource Certification Institute (HRCI) as a Human Resource Professional (PHR), a member of the Society for Human Resource Management (SHRM) holding her HR certification (SHRM-CP), as well as certified in SHRM’s Veterans at Work Program. Chris is also a current Greenville Society for Human Resources Management Association (GSHRM) member and a former GSHRM Board member, as well as SHRM State Council member, and has served on several different committees. Carolina Venegas Sr. HR Assistant (Bilingual, Spanish) Possessing a solid business background to include Human Resources generalist support, excellence in customer service, HRIS implementation specializing in payroll processes and platforms, Carolina 238 Page | 11 successfully applies her administrative and technical expertise to projects and programs. Carolina’s experience includes managing extensive workflow processes and procedures, applying multi-task skills in fast-paced environments while maintaining a high rate of client retention through quality service and excellent communication skills. She also possesses solid Spanish bilingual skills, both verbal and written. Carolina provides direct support with client project management needs as well as recruitment and retention services, thoroughly screening candidates and aligning skills and abilities. Along with applying her Human Resources generalist knowledge, Carolina has a solid understanding of best practices as a former supervisor and as an HR team member. Carolina’s HR skills extend beyond administrative support, complimented by her accounting assistance and payroll implementation, setup and processing. She is adept at problem-solving, identifying issues and resolving matters in a timely manner. She is a driven, collaborative team member applying her background and data gathering skills with surveying and research to compile compensation and benefits’ data for project analysis. Carolina is a key contributor who began her career more 15 years ago after successfully completing her Executive Secretary designation from the International Business College. 9. Firm’s Uniqueness. What makes your organization unique from other organizations that may submit proposals for the City to make a selection? We build trust and readiness to accept the need for change throughout an organization, developing consensus and commitment. We are hands-on and see the project through to completion including implementation and effectiveness of the program. Building upon our HR industry expertise, as consultants we are uniquely positioned to assist and guide in strengthening your strategic role and contribution of your HR function to support the execution of business strategy. Converting HR strategies and initiatives into tangible business value requires a solid foundation of HR capabilities and infrastructure with performance measures to track results. We take into account needs and culture of your organization while meeting legal and administrative requirements. Our uniqueness is customization of your project as there isn’t a one-size-fits-all solution. Although many standards will be applied to your project, our team will craft a comprehensive and sustainable program tailored to your unique culture, helping you to successfully keep moving forward. 10. Job Analysis & Compensation Methodology. A detailed description of job analysis and compensation methodology to be used if the consultant has a pre-designed system. A. The Kick-Off Meeting: Our client-centered approach with an initial Kick-Off Strategy Meeting ensures our clear understanding of the project parameters and the City’s expectation of deliverables, enhancing accurate intake and output of information for marketplace data collection. We refer to this as our benchmark list to support and guide in competitive marketplace surveying and analysis. Fostering this connected partnership with you, the meeting creates and supports collaborative and interactive methods resulting in a more comprehensive, forward-thinking study with recommendations and deliverables. This key meeting will include identifying the City’s project team, contract administrator, and reporting relationships. This key meeting is designed as a briefing session with the City’s team, including review of supporting documentation for the project as well as review and customization 239 Page | 12 of the workplan and work schedule; identify subsequent tasks to be accomplished; reaffirm the primary objectives and specific end deliverables within the targeted timeline for satisfactory completion of the overall assignment as listed in the Scope of Work Strategies: • Review the City’s mission statement, aligning project goals and objectives to include classification and compensation compliance initiatives; • Review and understand the City’s current pay program, strategies and methodology, identifying opportunity for change (strengths and weaknesses); • Determine strategies needed to incorporate classification and compensation strategy into the City’s total rewards program (what makes up the employee’s total compensation plan); • Identify alternative strategies for the compensation program; • Outline strategies needed to achieve the City goals and objectives; • Examine all facets of pay equity, detailing strategy to achieve and maintain equity; • Develop a communication plan to educate stakeholders regarding study; and • Develop an overall implementation plan, including a timeline with specific milestones defined. B. Classification Methodology [the Job Description]: This detailed compliance-driven methodology begins with analyzing the City’s current classification framework. Reviewing and understanding the system and each position description through a comprehensive process of job analysis and evaluation, including review of existing documentation, position description questionnaire completion, employee interviews, management interviews, analysis of existing positions and working situations, analysis of levels of duties and responsibilities, and other professional methods, as appropriate, will provide insight to the culture and practices of the City. Listed is a more detailed breakdown: • Develop and launch an employee survey (both electronic and manual for ease and efficiency) to identify key responsibilities and accountabilities as perceived by the employee; conduct follow-up interviews with employees including supervisors and management; • Validate data with supervisor reviewing job functions [or the hybrid job with combined responsibilities] for accuracy and how the responsibilities contribute to the essential functions of the job; • Ensure positions performing similar work with essentially the same level of complexity, responsibility, knowledge, skills, and abilities are clearly detailed and leveled for progression opportunities (e.g., promotions, succession planning, supportive of performance management system, etc.); • Identify areas of growth and flexibility of positions within the updated classification structure, where feasible, in recognition that some job duties and responsibilities may evolve over time, as well as to provide adequate career paths and job families that will foster career service within the City; • Document definitions of job classifications, responsibilities and accountabilities, and minimum required and preferred qualifications such as education, prior work experience, knowledge, skills, abilities, licenses, certifications, and physical demands comparing results in the marketplace for competitiveness; • Review recommendations and results with project team and Human Resources; • Identify and recommend revisions or updates within the classification structure (guide) to better serve the City’s needs with a focus on state and Federal regulatory compliance as defined by the Fair Labor Standards Act (“FLSA”), Americans with Disabilities Act (“ADA”) requirements, and others to include any applicable standards with Occupational Safety & Health Administration (“OSHA”), etc.; and • Provide supporting documentation throughout the study, on classification concepts and distinguishing characteristics, as well as the delivery of final reports and recommendations to guide the organization in implementing, managing, and maintaining the classification system. 240 Page | 13 C. Classification Study. This detailed compliance-driven methodology begins with analyzing the estimated 87 job descriptions and current classification framework outlining responsibilities and accountabilities of each including distinguishing characteristics and competencies for success in the position. As detailed above in the Classification Methodology [the Job Description], results create parity in job titles, consistent job levels within the respective departments while supporting retention through progression opportunities, succession planning, skill development, training, etc. • Employee survey • Follow-up interviews • Validate data with supervisors/manager • Review with Human Resources • Marketplace comparisons [as identified by the City and validated at the Kick-Off Meeting] • Update classification structure, compliance focused • Update and/or identify newly developed position descriptions Information is downloaded into Excel to better organize and identify similarities, differences and other key aspects with the essential functions of each respective position. Graphs are developed to support further clarification (based on results) and clarify responsibilities. Often, survey results also support any future strategic planning from employee feedback gathered. It also provides the “maintenance system” for the City to reference and utilize for future changes and growth. It is a working document, utilized for any future review or revisions of positions whether new or enhanced and in support of the City’s Scope of Work Strategies: • Identify or develop appropriate data collection instrument (i.e. questionnaire) and process for review of current class specifications/job descriptions; • Develop employee/supervisor orientation (communication) regarding overall study and how to complete data collection instrument; • Use data collection instruments, individual interviews, group interviews or other processes as needed to clarify understanding of positions; • Develop model classification structure (job description format) consistent with strategic organization objectives; • Facilitate acceptance/approval of model classification structure; • Develop new or revise existing class specifications/job descriptions; • Facilitate organizational review and acceptance of new class specification/job descriptions; • Review FLSA exemption designation of each job class and recommend changes if warranted; • Develop/implement process to obtain employee input, inquiries, and/or appeals regarding their placement in the classification structure; and • Evaluate employee input, review proposed allocation and make final determination regarding each position. D. Job Evaluation. Prior to developing detailed class descriptions, the job evaluation will result in a classification concept and employee allocation document that will be submitted to the City for review and approval. This is the working document often developed in Excel that lists and compares changes in business needs and operations, as well as any reorganizations, with the established classification system and job families as well as review internal relationships to define the reasons for, and effects of, the proposed changes. Our job analysis method is the whole position analysis approach. Objective factors in the whole position classification methodology include: 241 Page | 14 • Key Accountabilities (Performance Management) • Duties / Responsibilities (Performance Standards) • Required Experience (Qualifications) • Education, Training, and Certifications/Licenses • Competencies for Success (Behaviors) • Problem Solving/Ingenuity • Attention/Stress (Concentration/Time Pressure & Interruptions) • Independence of Action/Responsibility • Contacts with Others/Internal/External • Supervision Received and/or Given to Others • Consequences of Action/Decisions Made on the Job • Equipment Used • Working Conditions/Physical Demands Interviews, initial and some follow-up, will be scheduled with employees as this is a critical step in the information-gathering and educational process to include management and staff levels. Follow-up questions also allow for clarity of an employee’s own responsibilities and/or confirm the information received and to respond to potential perception differences regarding roles, tasks, scope, and supervisory responsibilities. The appropriateness of the following will be assessed: • Work being completed and relationships of positions to each other within a division/department as well as across the organization. • Classification structure and reporting structure, leading to an organizational chart and reporting. A detailed, list for each position will be prepared, specifying current and proposed classification title and the impact of recommendations (reclassification – upgrade or downgrade, title change, or no change). After completion of this process, a meeting will be arranged to review any recommended changes to the classification plan with the Project Team and in support of the City’s Scope of Work Strategies: • Facilitate selection of job evaluation method consistent with adopted classification concepts; • Apply selected methodology to evaluate class specifications/job descriptions; • Review/revise/confirm new job evaluation ratings as needed and appropriate; • Facilitate communication of evaluation results to employees and their supervisors; and • Train designated staff in the application of the selected method. E. Compensation Methodology [the Approach]. The overall method for a compensation study is to first review and understand the City’s current pay philosophy and application identifying solid measurables against the current labor and marketplace comparables. While it is critically important to understand such practices, our methodology for attaining marketplace information to support recommendations (including those comparable to the City’s current payrates and ranges) will offer recommendations and guidance in: • Providing fair and equitable compensation to employees internally and in a competitive and changing market; • Maintaining a competitive pay structure that takes into consideration the City’s fiscal resources; • Ensuring that employee compensation is based on individual performance that meets or exceeds expectations, to include reflecting changing economic conditions; and • Providing consistent administration of pay policies and procedures with a focus on retention and recruitment. 242 Page | 15 Supporting this methodology of reviewing and understanding the City’s current pay philosophy, market survey parameters will be developed to collect and evaluate comparable data. Through the analysis and recommendation of the labor market and survey classes, the collection and analysis of survey data, preparation of salary recommendations and development of an implementation plan. This methodology includes: • Collecting accurate compensation data ensuring information is thoroughly analyzed in a clear and comprehensible manner; • Carefully analyze the scope and level of duties and responsibilities, requirements for successful work performance, and other factors for survey classes according to generally accepted compensation practices; • Develop solutions to address pay equity issues, analyze the financial impact, and create a market adjustment implementation strategy supporting the City’s goals and objectives; • To recommend appropriate internal salary relationships and allocate classes to salary ranges in a salary range plan; and • Develop a comprehensive final report summarizing the compensation study approach and methodology, analytical tools, findings, and recommended compensation structure ensuring proper documentation to support recommendations for implementation in a competent and fair manner. F. Compensation Study. During the initial meeting with the Project Team and after agreeing to the compensation study factors to include full comprehensive benefits’ programs, we will evaluate municipality salaries and alignment with the external labor market. We will also confirm those classifications that will be surveyed in the market (i.e., benchmark classifications), with the intention of internally aligning the remaining classifications with survey results. Marketplace Competition – A critical step, the following factors are typically applied to identify appropriate workforce competitor factors based on the City’s benchmark list as well as any recommendations by consultants. Factors reviewed and considered include: • Organizational Type and Structure – While various organizations may provide overlapping services and employ some staff having similar duties and responsibilities, the role of each organization is somewhat unique, particularly regarding its relationship to the citizens it serves and level of service expectation. During this interactive process, the City’s current/previous list of marketplace competition and the advantages/disadvantages of including them or others as identified will be included and all information logged into an Excel worksheet. • Similarity of Population Served, the City Demographics, and Operational Budgets – These elements provide guidelines in relation to resources required (staff and funding) and available for the provision of services as compared to the City. • Marketplace Competitors / Labor Market – While developing a list of marketplace competitors, ideally having an organization that provides all of the services or similar as the City, sufficient data should be available for analysis. The reality of today’s labor market is that many organizations are in competition for the same pool of qualified employees. Individuals often do not live in the community they serve. Therefore, the geographic labor market area (where the City may be recruiting from or losing employees to) will be taken into consideration when selecting potential marketplace competitors. • Cost-of-Living – The price of housing and other cost-of-living related issues are contributing factors in determining labor markets. We will review overall cost-of-living of various geographic areas, median house prices, and median household incomes to determine the appropriateness information and data. 243 Page | 16 Analysis and Preliminary Review of Data – Data will be entered into spreadsheet format designed for ease of interpretation and use. The information will be presented in a format that will identify comparable marketplace positions used for each classification comparison. Information will be calculated based upon both average and median figures allowing the City to make informed compensation decisions. Other elements of the compensation survey report are organizations surveyed; comparable class titles; salary range maximum/control point; and percent of the City’s salary range is above/below the market values. Findings/Additional Analysis/Study Project Team Meetings – Once completed we will distribute draft findings to the Project Team. After their preliminary review, consultants will meet with the Project Team and other stakeholders (including management and employees as identified) to clarify data, and to answer questions and address concerns. This provides an opportunity for the Project Team and other stakeholders to review and question any of our recommended benchmark competitive matches. If questions arise, we conduct follow-up analysis to reconfirm our original analysis and/or make corrections as appropriate. Analysis of Internal Relationships and Alignment – To determine internal equity for all studied positions, considerable attention will be given to this phase of the project. It is necessary to develop an internal position hierarchy based on the organizational value of each classification. Again, we utilize the whole position analysis methodology as described earlier. This analysis will be integrated with the results of the compensation survey and the City’s existing compensation plan. We will create a sound and logical compensation structure for the various levels within each class series, so that career ladders are not only reflected in the classification system but also in the compensation system, with pay differentials between levels that allow employees to progress on a clear path of career growth and development. Career ladders will be looked at vertically, as well as horizontally, to reflect the City’s classification structure that was developed during the classification phase of the study. The goal of this critical step in the process is to identify any potential internal equity and compaction issues and concerns with the current compensation system. It is a reference tool that can be utilized in evaluating retention and competitiveness as well as succession planning as aligned with the City’s Objectives: • Review past the City survey practices; • Identify benchmark job classes and select appropriate labor market(s)/organizations for comparison; • Collect, compile and analyze market data; • Construct model compensation structure(s); • Review proposed structure(s) to determine consistency with strategic objectives; • Recommend implementation options and determine associated costs, considering both single and multi-year implementation schedule options; • Facilitate determination of optimum implementation strategy; • Develop written communication for supervisors/employees explaining broad study findings and individual impact where applicable; and • Evaluate and recommend strategy to account for specific geographic cost of living impact. 244 Page | 17 G. Recommendations and Implementation Strategies. After preliminary approval of the concepts and allocation lists, new and/or updated class descriptions will be developed for each proposed classification, following a format approved by the City. From the review of the questionnaires and employee interviews, we will update duties, responsibilities, and minimum qualifications of each class specification, as necessary. We will also review, analyze, and update, as appropriate, knowledge, skills, abilities, education and experience, position definitions, purpose, distinguishing characteristics, supervision received and exercised, position functions and special requirements including licensing and certification requirements. We will also review and update physical demands based on the most typical job functions of each classification in accordance with the ADA. Finally, we will review each classification’s typical job functions to validate exempt vs. non- exempt status in accordance with exemptions under the FLSA. With supporting data as developed and communicated, we will review and make recommendations regarding internal alignment and the salary structure (set of salary ranges, salary differentials, steps within ranges, and/or alternative compensation plans) within which the classes are allocated, based upon the City’s preferred compensation model. In addition, we will develop externally competitive benefit comparisons for all classifications. Finally, we will develop a proposed implementation plan based on the study results and recommendations. Recommendations will include covering special compensation issues such as salaries above the maximum; seniority; promotions; maintenance of the salary schedules; etc. Draft recommendations will be discussed with key stakeholders for discussions and decisions on overall pay philosophy and the practicality of acceptance in support of the City’s Scope of Work Strategies: 1. Provide written guidelines for maintaining class specifications/job descriptions, for evaluating/re- evaluating job class specifications/job descriptions and for maintaining model compensation structure; 2. Recommend pay administration policies to include, but not be limited to: • policies regarding movement through ranges; • adjustments within pay grades; • movement between salary structures (if multiple structures are retained); • adjustments for assumption of additional duties (temporary or permanent); • reclassifications, promotions, transfers, demotions, career ladders, etc. 3. Recommend reliable external market data sources for annual salary structure adjustments and determination of merit budget; 4. Considering implementation of new classification and compensation program, review current performance management system documentation and provide recommendations to strengthen link between pay and performance as appropriate; and 5. Recommend future merit allocation approaches, considering changes to classification and compensation program and limited budgets. H. Final Deliverables with Presentation. Our proposal includes multiple meetings as well as weekly oral and written status/progress updates and recommend a presentation meeting to submit the final reports and supporting documents. All materials, documents, reports and communications will be submitted to and become final property of the City. A comprehensive Executive Summary 245 Page | 18 with an overview of the project, methodologies and deliverables will be prepared for review prior to finalizing for presentation to the City Council. The comprehensive Executive Summary (see attached example) with an overview of the project, methodologies and deliverables will be aligned with the City’s Scope of Work Strategies: 1. Provide formal written report including: • Study methodology • Major findings • Recommendations 2. Financial Impact Analysis report in the form of Excel • Identifiers include any classification adjustments and • Compensation changes or adjustments due to results of study 3. Operational Manual providing an overview of key areas and recommended processes for implementation and sustainability 4. Make formal presentation(s) of report to (1) Senior Management Team and (2) the City Council (specific to each audience), as determined necessary and based on findings 11. Proposed Fee Schedule. A proposed fee schedule and breakdown of the firm’s not to exceed fees to complete the Classification and Compensation study. We have often found our process requires a very high level of time commitment, which occasionally results in a higher proposal cost. We believe that our methodologies and implementation success rate is attributable to consistent communication with the City’s project team. The time we commit to working with the City stakeholders, the project team/management committee, employees (briefings, meetings, personal interviews, communication, continuous follow-up, etc.) and others as necessary result in significantly greater buy-in throughout the process, delivering on expectations. McCartney Resources is committed to providing quality cost-effective services with great consideration of your financial means. Note that with our commitment to the study and opportunity to support the City’s initiative, reasonable expenses for on-site meetings are integrated into this cost and not billed separately. A Business Strategy Classification and Compensation Study The Study ✓ Kick-Off Meeting, Outlining the Details ✓ Classification and Compensation Study ✓ Job Evaluations (the Survey and Data Gathering) ✓ Financial Analysis ✓ Executive Summary (with Findings and Recommendations) ✓ Presentation with Operational Manual Proposed Timeline Beginning December 13, 2019 Targeting Completion by June 1, 2020 Total Project Investment $32,000* *Consideration given for reduced composite rate to support municipality initiatives, previous development of survey and supporting worksheets as well as directly related [recent experience]. Utilizing these existing tools assist in a cost-effective program. 246 Page | 19 12. Timeline. Provide a proposed timeline to include start and completion dates for the study and identify specific milestones. Our proposed timeline, in conjunction with the City’s expectation to begin December 13th and complete by June 1st, we believe is in line with meeting deliverables and expectations as outlined herein as much of the project work is done concurrently. While we don’t anticipate a delay, based on the City’s staff availability who will contribute to and/or be a part of this project, we do certainly understand the need to be flexible at times when necessary. However, our team will professional drive the timeline for deliverables and meeting expectations as outlined. 13. Any Legal Issues. A description of any pending legal issues facing the firm/individual. McCartney Resources, LLC is not name nor has any litigation pending or is aware of any concerns or complaints that could lead to litigation. McCartney Resources, LLC retains professional liability insurance coverage, naming each client individually. 14. Additional Information. Any additional information that the consultant deems appropriate. While McCartney Resources launched its start just over three (3) years ago, our team is comprised of experienced and knowledgeable HR consultants that bring more than 20 years of multi-industry experience. Possessing such solid hands-on experience as leaders, the team offers the City a competitive edge of best practices in today’s work environment. McCartney Resources partners with its clients to ensure excellence in human resources, and to improve the organization’s performance through its’ people (the greatest investment). We support our clients in matters of human resources through consultation and employment-related regulatory oversight, professional growth and development, and alternative dispute resolution. As organizations adapt to changing environments, our team of experienced professionals can offer advice and services customized for the City to enhance your organizational needs. 247 Page | 20 B. SCOPE OF WORK RESPONSE 1. State if you will provide all the services as noted in the Scope of Work section for the fee quoted. As noted in the Scope of Work, McCartney Resources will provide all services to support, guide and implement the City’s Compensation Program. As noted in the RFP as well as the Addendum No. 3, McCartney Resources is submitting this Proposal to complete both Part I: Safety Employees Compensation and Classification Study and Part 2: All other Employees Compensation and Classification Study. This proposal is inclusive of the project to be completed within the City’s timeline where the final drafts are to be submitted, by March 2, 2020. 2. List areas in the Scope of Work for which there will be an additional cost and list the estimated additional cost. As your consultants, we have estimated our cost to include any expenses and as allocation of hours to successfully complete the project with no additional cost. Our Proposal is inclusive to include on-site meetings, conference webinars, presentation, etc. 3. List areas in the Scope of Work for which your company will not or cannot provide the listed service. With our experience and HR expertise, McCartney Resources offers the City a dedicated team with diverse backgrounds that support the City’s project from beginning to completion. We are committed to and will be provided full HR services to support the City’s project. 4. List any other information that should be considered in evaluating the firm’s marketing, staff, and/or other service capabilities. With our recent work with the City of Folly Beach we are familiar with municipalities of similar sizes the include population, housing market, annual budgets, etc. and have developed comparable data tracking tools and documents to offer a more cost-effective option for the City as well as developed relationships with municipalities you have identified as your target market. Combined with our experience supporting clients in Georgia, for example a non-profit regulated organization known as CaringWorks, Inc. (www.CaringWorksInc.org) wherein our team is leading their job analysis and compensation study, supports our local knowledge and skills as aligned with the City’s initiatives. McCartney Resources commits to and has all necessary resources to undertake the City’s comprehensive study, ensuring thorough delivery of information, meeting expectations. Furthermore, we will work with representatives and staff at every step during the project to maintain open communication, providing status updates ensuring successful accomplishment of the study’s objectives. 248 Page | 21 C. EXAMPLES ATTACHED* • Municipality Data Tracking Worksheet (Excel format) • Pay Grades / Ranges with Strategic Timeline for Implementation • Executive Summary *Examples are just a few of the work product provided. 249 250 251 252 253 254 255 256 Page | 22 D. CITY OF TYBEE ISLAND RFP NO. 2019-741 (COPY ATTACHED) 257 REQUEST FOR PROPOSAL RFP NO. 2019-741 COMPREHENSIVE EMPLOYEE COMPENSATION/CLASSIFICATION STUDY PROPOSAL DUE: TUESDAY, NOVEMBER 19, 2019 by 2:00pm CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM MONTY PARKS WANDA DOYLE JULIE LIVINGSTON JOHN BRANIGIN DOCUMENT CHECK LIST The following documents are contained in and made a part of this RFP Package, and are required to be submitted with the Proposal. It is the responsibility of the Proposer to read, complete and sign, where indicated, and return these documents with the Proposal. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THE PROPOSER INTRODUCTION SPECIFICATIONS AND REQUIREMENTS INSTRUCTIONS TO PROPOSERS GENERAL INFORMATION EVALUATION CRITERIA TIMELINE ATTACHMENTS: A. SIGNATURE SHEET; B. SAVE AFFIDAVIT; C. E-VERIFY CONTRACTOR AFFIDAVIT; D. VENDOR INFORMATION; E. PROPOSAL FORM; F. CHECKLIST INTRODUCTION Date: 8-28-18 This is a request for proposals to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”) with services as indicated herein. Sealed proposals must be received by 2:00pm local time, on Tuesday, November 19, 2019. The City of Tybee Island reserves the right to reject any or all proposals. METHOD OF AWARD: If the City of Tybee Island awards a contract as a result of this RFP, it will be awarded to the responsible proposer deemed able to provide the best value for the City. The award will take into account price among other factors as specified in this RFP. The City reserves the right 258 to select the proposer which best meets the City’s goals and objectives, needs, budget constraints, and quality levels, as well as its educational and service level expectations. The City reserves the right to award a contract to one or multiple vendors. Signature of proposer indicates understanding and intended compliance with the terms of this request, the requirements herein, and any subsequent award or contract. All specifications, conditions, and representations made in this request will become an integral part of the contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to reimburse the proposer, in whole or in part, for any costs associated with preparation, submission, or presentation of proposals. Instructions for preparation and submission of a proposal are contained in this RFP package. Please note that specific forms for submission of a proposal are required. The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement procedures are conducted in a manner that provides maximum open and free competition. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by the City. The City provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex, national origin or handicap. The City of Tybee Island is seeking a proposal package for service or materials equal to or exceeding specifications set forth on the attached pages. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this RFP. All responses, inquiries, or correspondence relating to, or in reference to, this RFP, and all reports, charts, displays, schedules, exhibits and other documentation by the proposers will become the property of the City when received. The City retains the right to use any or all ideas presented in any response to this RFP, whether amended or not. Selection or rejection of the proposal does not affect this right. SPECIFICATIONS AND REQUIREMENTS The City of Tybee Island is seeking proposals for a qualified firm experienced in conducting compensation and classification studies. The selected firm will perform services designed to evaluate the City’s current pay plans and recommend adjustments. This will be completed in two parts: • Part 1: Public Safety Employees Compensation and Classification Study • Part 2: All other Employees Compensation and Classification Study The proposal submitted should detail the respondent’s conceptual approach to fulfilling these requirements, the cost of performing the necessary services, and a proposed timeline for completing the project. BACKGROUND INFORMATION Tybee Island is a city and a barrier island located in Chatham County, 18 miles east of Savannah, Georgia. This small island (approximately 2.5 long by 1.75 miles wide) has long been a quiet getaway for the residents of Savannah, but now has become a popular vacation spot with tourists from all over the United States and the world. The City of Tybee was incorporated in October 1887. Tybee’s City government operates under a Council/Manager form of government. This organizational plan places legislative responsibility of municipal government in a City Council and gives administrative or executive authority to the City Manager. The Council consists of the Mayor and six (6) Council Members. The City of Tybee serves approximately 3,200 residents, but during our tourist season, the 259 island expands to approximately 30,000. Overall, the City has approximately 120 full-time employees, 15 part-time employees and fills approximately 60 seasonal positions annually. City departments include: City Clerk, City Manager, Finance, Payroll, Purchasing, HR, IT, Municipal Court, Parking, Campground, Planning and Zoning, Business License, Main Street, Special Events, Fire, Police, Code Enforcement, E-911, Ocean Rescue, Public Works, Buildings & Grounds, Engineering, Stormwater, Water/Sewer. Due to the fact that Tybee Island is a vacation and tourist destination, property values and cost of living expenses are much higher than in surrounding areas. This makes it difficult to hire employees, as most are unable to afford to live here. The City’s current Classification and Compensation Plan was last evaluated and updated in 2015. Since that time, we have had difficulties in filling certain positions, especially in public safety departments. Guidelines need to be established, not only to help attract qualified employees, but also to retain them. GOALS AND OBJECTIVES The purpose of the Classification and Compensation Study is to address changes in City operations and staffing which may have affected the type, scope, and level of work being performed. The City’s objectives are to: 1. Attract and retain qualified employees. 2. Ensure positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills, and abilities are classified together. 3. Provide salaries commensurate with assigned duties. 4. Clearly outline promotional opportunities and provide recognizable compensation growth. 5. Provide justifiable pay differential between individual classes. 6. Maintain a competitive position with other comparable government entities and private employers. All work will be done with regular involvement of the City’s City Manager and HR Director. The City’s senior management team will be involved as necessary. Regular presentations and meetings with these individuals or groups, incorporating their input into the process, are mandatory. Presentation to the City Council upon completion of the project is also mandatory. SCOPE OF SERVICES The goal of the City, as it relates to classification and compensation, is to equitably compensate employees for the work performed on behalf of the City, while recognizing and rewarding those employees who exceed expectations. This should be accomplished with a modern compensation and classification system that is easily managed, not overly complex for employees to understand, and adaptable. The compensation study shall be made in accordance with generally accepted compensation methods and in accordance with applicable federal and state laws. 1. Review the City’s current compensation plan (salary, grade levels and pay ranges), understand current challenges to recruiting and retaining employees and propose recommended strategies of the City. 2. Conduct interviews and/or job audits as appropriate. Interviews and/or job audits may be conducted individually or in groups based upon classification. 260 3. Review and update current job descriptions to uniformly reflect the distinguishing characteristics, essential job functions, minimum qualifications (education/experience and knowledge/skills/abilities), working conditions (physical demands, work environment, and travel requirements) and certification/licenses/registrations requirements for classifications needed. 4. Identify Officials & Administrators, Professionals, Technicians, Paraprofessionals, Administrative Support, Skilled Craft Workers, and Service employees, including Fair Labor Standards Act (FLSA) status (exempt/non-exempt.). 5. Identify and recommend a consistent and competitive market position that the City can strive to maintain. 6. Recommend comparable labor markets, including both private and public sector employers for the compensation survey. The City requires final approval of the labor markets to be included in the study. 7. Develop and conduct a comprehensive compensation survey. 8. Recommend appropriate salary range for each position based on the classification plan, the compensation survey results, and internal relationships and equity. The consultant will prepare a new salary structure based on results of the survey and best practices. 9. Develop guidelines to assist the City staff with determining the starting pay for new employees based on knowledge and experience above minimum requirements of the position, how difficult the position is to fill, and market competitiveness. 10. Identify career ladders/promotional opportunities as deemed appropriate. 11. Recommend implementation strategies including calculating the cost of implementing the plan. 12. Identify any extreme current individual or group compensation inequities, and provide a recommended corrective action plan and process to remedy the situation. 13. Make recommendations and provide implementation strategies related to other key compensation practices based on market demand, including pay for performance, skill pay, certification pay, bilingual pay, promotional pay, and acting assignment pay. 14. Develop and provide a straightforward, easily understood, maintenance system that can be used to keep the classification system updated and equitable. 15. Provide system documentation and computer software formats to administer the plan 16. Conduct comprehensive training for Human Resources to ensure the staff can explain and administer the new system in the future. The training program should be clearly spelled out in the proposal. 17. Provide an appeals process for a period of time after the plan is implemented. The City recognizes that it is not uncommon for municipalities to select some, but not all, of the consultant’s recommendations. In some circumstances, selectively adopting a recommended package may negatively affect of the recommendation. Therefore, it is requested that, if applicable, the consultant identify which recommendations may be implemented individually and which should only be adopted as a package. EXPECTED PROJECT DELIVERABLES The consultant is expected to present the following information that shall be produced within the scope of services: 1. A written report outlining the findings related to the work undertaken in the Scope of Services. The report shall include the consultant’s recommendations with supporting information in sufficient detail to evidence the basis for the final recommendation. 2. Identification of the accepted best practices, an explanation of likely alternatives to the City’s current pay and compensation program, a listing of the potential benefits and 261 drawbacks related to each best practice, and an explanation as to why the consultant is recommending each particular practice. 3. A financial impact analysis related to the report’s final recommendations, which shall include, without limitation, the impact of classification adjustments, and compensation changes. 4. A detailed listing of proposed implementation action steps, with recommended timing necessary to implement the recommendations. The action steps should be in sufficient detail as necessary to adopt the consultant’s recommendations without requiring ongoing support from the consultant during implementation. 5. Delivery of a draft report to the City Manager, and at least one meeting with the City Manager and HR Director to review the draft report. 6. An on-site oral presentation of the draft report recommendations to the City Council. The consultant should expect one meeting before City Council, but should also specify the additional per meeting rate, inclusive of expenses, if any additional meetings are required. The report will not be considered finalized until formally accepted by the City Council. 7. An Operation Manual that describes the management and operation for the recommendations. QUALIFIED PROPOSERS The City is seeking an experienced consultant to provide the services detailed in this RFP. Therefore, at a minimum, respondents should have experience in the following areas to be considered qualified for the Project: 1) Experience and expertise in analyzing municipal compensation and classification plans, and identification of best practices. 2) Knowledge of Federal and Georgia laws and regulations governing compensation of municipal employees. 3) Recent experience in analyzing, making and implementing recommendations in municipalities. 4) Demonstrate experience redesigning compensation and/or classification plans in a municipal setting, preferably within Georgia. 5) Experience conducting employee meetings or human resources staff training for the purpose of transitioning a municipality from a step based compensation plan to a merit based system is preferred, but not required. 1. INSTRUCTIONS TO PROPOSERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a proposal to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All RFPs are governed by the Code of the City of Tybee Island, Georgia, 15-2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia. Proposers must carefully review all provisions of, and attachments to, this document prior to 262 submission. Each proposal constitutes an offer and cannot be withdrawn except as provided herein. This RFP and any attachments, plans, and/or other related documents can be found on the City’s website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the proposer to check the website for additional information and/or addendums. 1.1 How to Prepare Proposals: PROPOSAL FORMAT A. Proposal Questionnaire: Please provide a concise description of your firm’s ability to provide a comprehensive classification and compensation study. Costs incurred by firms responding to this request are solely their responsibility. Additionally, please include the answers to the following questions (Address each by number): 1. Describe your organizational structure (i.e. publicly held corporation, partnership, etc.). How many employees do you have in your organization and what are their job categories? 2. Briefly describe your company’s organization, philosophy, and management. Also, please provide a brief company history. 3. Describe your contractual relationships, if any, with organizations or entities necessary to your proposal’s implementation (i.e., actuarial services, data information services, etc.). 4. How long has your organization been providing this type of service? Has your organization ever operated under a different name? Why was the name changed? 5. What is your firm’s scheme of communication and customer service interaction with clients? 6. Provide experience of the firm in conducting similar studies for Governmental entities and other comparable studies. This will include (three) 3 previous clients for whom the firm has performed a comprehensive classification and compensation study. 7. Please provide at least two verifiable public-sector references, all of whom are able to comment on your organization’s relevant experience. Please include group name, contact name, and telephone number. Please furnish: • Services you provided • Example of recommendations made • Timeframe of completion • Number of employees, positions and classes studied • Contact name and phone number 8. Provide professional resumes of all personnel to be involved in the study and a clear indication of the responsibilities of each. It is understood by the City that the individuals specified in the consultant’s proposal are the individuals who will do the work associated with the compensation study, as described in the proposal. 9. What makes your organization unique from other organizations that may submit proposals for the City of Americus to make a selection? 263 10. A detailed description of the plan to achieve the necessary requirements and a plan for accomplishing this work. 11. A detailed description of job analysis and compensation methodology to be used if the consultant has a pre-designed system. 12. A proposed fee schedule and breakdown of the firm’s not to exceed fees to complete the Classification and Compensation study. 13. Provide a proposed time line to include start and completion dates for the study and identify specific milestones. 14. A description of any pending legal issues facing the firm/individual. 15. Any additional information that the consultant deems appropriate. B. Scope of Work Response 1. State if you will provide all the services as noted in the Scope of Work section for the fee quoted. 2. List areas in the Scope of Work for which there will be an additional cost and list the estimated additional cost. 3. List areas in the Scope of Work for which your company will not or cannot provide the listed service. 4. List any other information that should be considered in evaluating the firm’s marketing, staff, and/or other service capabilities. All Proposals must be: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Proposals must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Proposal. ALL SIGNATURE SPACES MUST BE SIGNED. c. Include all information requested, organized in tabbed sections, clearly identified in a table of contents as described in the paragraphs below. Any other information thought to be relevant but not applicable to the enumerated categories may be provided as a separate appendix to the proposal. The following information/documents must be included in the proposal package to be considered responsive to the request for proposal: i. Management Synopsis. Provide a synopsis, prepared for management review, covering the salient features of the proposal including, overall costs, and terms of work. ii. Statement of Methods and Procedures. Provide a statement describing the scope of the work as understood from the document. Describe the approach, means, 264 methods, and procedures to be used to gather data, analyze findings, and develop recommendations as requested. Provide a sample of reports and/or other correspondence. iii. Agents and Address. Professional resumes of all personnel to be involved in the study, identification of the project manager and a clear indication of the responsibilities of each. Include specific information on the staff’s experience with public sector compensation including public safety. It is understood by the City that the individuals specified in the consultant’s proposal are the individuals who will do the work associated with the compensation study, as described in the proposal. List address, email addresses and telephone number of the office from which the services are to be provided. Proposals shall be signed above the typed or printed nam e of the signer. The signer shall have the authority to bind the proposer to the subm itted proposal. iv. Structure and Content of Work Product. Provide a detailed breakdown and description of the specific steps, services, and study products that will be provided. Provide a detailed description of job analysis and compensation methodology to be used if the consultant has a pre-designed system. Describe how the final work product will be structured and presented upon completion. Include any com puter/software compatibility information. Firms may elect to include in this section any innovative methods or concepts that might be beneficial to the City as long as the minimum requirements set out in the RFP are met. v. Work Schedule. Provide a timeline indicating tasks required and the start and completion dates for each. It is expected that the project will commence as soon as possible after the contract is awarded. vi. References. Include the name, address, telephone number and e-mail address for contact persons at three (3) other public entities for which comparable services have been rendered. vii. Cost of Services. Provide a total cost estimate, including travel expenses, and “not to exceed” amount for the work described in this document; a rate schedule for computing any extra work not specified in the contracted scope of work; and an am ount to be deducted from the total cost estimate because proposer is conducting or has conducted in the past six (6) months, salary surveys of comparable jurisdictions/positions, the data from which can be shared rather than independently gathered. Include expectations of payment options and cost breakdown where possible. The cost estimate should be valid for a period of 90 days after the proposal submission viii. Other. Provide any other related and recommended products or services not specified in this RFP that may be considered essential or beneficial by the firm. These services should be priced separately form the total cost estimate in an Appendix 1.2 How to Submit Proposals: One original, and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the RFP number and title, and proposer’s company name, to the office of the address below prior to the time specified. Include your proposal, and all required attachments, which can be found at the end of this document. 265 " Include all requested documents, in addition to a W-9 and certificate of insurance. " City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration. Contact Sharon Shaver for additional information, at 912-472-5072, or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga " All Proposals must be hand delivered, mailed, or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. Include RFP #2019-741 Class & Comp on front of envelope. " Courier or hand deliver response package to: MELISSA FREEMAN TYBEE ISLAND CITY HALL 403 BUTLER AVE TYBEE ISLAND, GA. 31328 " Proposals may be submitted via US Mail, but proposers choosing this method should allow at least an additional 24 hours for delivery: MELISSA FREEMAN CITY OF TYBEE ISLAND PO BOX 2749 TYBEE ISLAND, GA. 31328 FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. PROPOSALS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED. 1.3 How to Submit an Objection: Potential proposers must present any written objection to this RFP at least seven (7) days prior to the proposal due date. The objections contemplated may pertain to form and/or substance of the RFP documents. Objections must be made in writing to the Purchasing agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to RFP #2019-741. 1.4 Errors in RFP responses: Proposers are expected to fully inform themselves as to the conditions, requirements, and specifications of this RFP before submitting a proposal. Failure to do so will be at the Proposer's own risk. In case of error in extension of prices in the proposal, the unit price will govern. 1.5 Questions concerning RFP: Questions, inquiries, suggestions, or requests concerning interpretation, clarification or additional information concerning any portion of this RFP must be made by email, sent to the below named individual, who will be the official point of contact for this RFP. Questions must be submitted no later than October 25, 2019. 266 Mark subject line on e-mail “Questions on RFP 2019-741, Class & Comp Study.” POINT OF CONTACT: Melissa Freeman mfreeman@cityoftybee.org Failure of a Proposer to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Proposer's acceptance of all of the terms, conditions and requirements set forth in this RFP. 1.6 Addendums to RFP: Any changes to the conditions or specifications in this RFP must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this RFP, it will be posted by the Purchasing Agent on the City’s website. The issuance of a written addendum by the Purchasing Agent is the only official method by which interpretation, clarification or additional information will be given. The City of Tybee Island will not be responsible for any oral representation given by any employee, representative or others. Proposer must acknowledge each addendum in the response. It is solely your responsibility as a proposer to ensure that you have received all addenda and incorporated the changes into your response before submission. Unless otherwise specified in an addendum, the due date and time remains as listed above. 2 GENERAL INFORMATION 2.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the proposer but will put the proposer on notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mentioned is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., will be construed to be the minimum requirements of these specifications. 2.2 Standards for Acceptance of Proposal for Contract Award: City of Tybee Island reserves the right to reject any or all proposals and to waive any irregularities or technicalities in proposals received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the proposal of a proposer who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal from a proposer whom investigation shows is not in a position to perform the contract. 2.3 Proposer: Whenever the term "proposer" is used it will encompass the "person," "business," "supplier," "vendor," or other party submitting a proposal to City of Tybee Island in such capacity before a contract has been entered into between such party and City of Tybee Island. 2.4 Responsible/Responsive proposer: Responsible proposer means a person or entity that has 267 the capability in all respects to perform fully and reliably the contract requirements. Responsive proposer means a person or entity that has submitted a proposal that conforms in all material respects to the requirements set forth in the RFP. 2.5 Compliance with Laws: The proposer will obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island will be supplementary to this section and not in substitution thereof. 2.6 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. 2.7 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any proposer must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 2.8 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors with 100 or more employees entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. No proposals will be considered unless a signed E-Verify Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E-Verify information. Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain “public benefits” are legally present in the United States. Contracts with the City are considered “public benefits.” Responders are required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this RFP package. Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers can hire only persons who can legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of any hiree, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor will establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 2.9 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project. 2.10 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted in the 268 proposal will be firm for acceptance for a period of ninety (90) days from proposal opening date, unless otherwise stated in the RFP. 2.11 Quality: All materials or supplies used for, or the workmanship employed in, any construction necessary to comply with this RFP, will be of the best quality, and adhere to the highest industry standards. 2.12 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Proposer will unconditionally guarantee the materials and workmanship for one (1) year from completion of the project or delivery of goods. If, within the guarantee period, any defects occur which are due to faulty material and or services, the contractor, at his expense, will repair or adjust the condition, or replace the material, to comply with the contract requirements and applicable standards thereof. These repairs, replacements or adjustments will be made only at such time as will be designated by the City of Tybee Island as being least detrimental to the operation of the City. 2.13 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the Proposal as requested by the City, the proposer will be liable for any injury, damage or loss occasioned by negligence of the proposer, his agent, or any person the proposer has designated to prepare the proposal and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful proposer in order to be awarded a contract with City of Tybee Island. 2.14 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non-performance or violation of contract terms. An award may be made to the next higher ranked Proposer, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or his surety) will be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See the contract documents for complete requirements. 2.15 Certification of Independent Price Determination: By submission of this proposal, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly to any other proposer or to any competitor; and c. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 2.16 Qualification of Business (Responsible Proposer): the Scope of Work, specifications and plans define a responsible Proposer as one who meets, or by the date of the proposal acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required. The City has the right to require any or all proposers to submit documentation of the ability to perform, provide, or carry out the service 269 or provide the product requested. The City has the right to disqualify the proposal of any proposer as being unresponsive or un-responsible whenever such Proposer cannot document the ability to deliver the requested product or service. 2.17 Compliance with Specification - Terms and Conditions: The RFP, Legal Advertisement, General Conditions and Instructions to Proposers, Specifications, Special Conditions, Addendum, and/or any other pertinent documents form a part of the Proposal and by reference are made a part hereof. 2.18 Signed Proposal Considered Offer: The signed Proposal will be considered a binding offer on the part of the Proposer, which offer will be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Proposer after such acceptance, the City of Tybee Island may take such action as it deems appropriate, including legal action, for damages or lack of required performance. 2.19 Notice to Proceed: The successful proposer must not commence work under this RFP until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as specified in the Special Conditions. If the successful Proposer does commence any work or deliver items prior to receiving official notification, he does so at his own risk. 2.20 Protest Policy: Any proposer who is aggrieved in connection with the award of a contract may file a protest with the Purchasing Agent. The protest must be submitted no later than 48 hours prior to the date the award recommendation is scheduled to be approved by City Council. Recommendations to Council are usually posted on the preliminary agenda on the City's website on the Thursday prior to the Council meeting date. It is the proposer's responsibility to ascertain the City's recommendation for award. Protests must be made in writing to the Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the subject line Protest: RFP #2019-741, and must include the following information: a. Name, address, email address, and telephone numbers of the protester; b. RFP number; c. Detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the protester; d. Copies of supporting documents, if any; e. Statement of relief requested; f. All information establishing that the protester is an interested party for the purpose of filing a protest on an award decision; g. All information establishing the timeliness of the protest. 2.21 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City are specified in the contract document. a. Questions regarding payment may be directed to the Accounting Department at 912-472- 5024 or City of Tybee Island’s Project Manager as specified in the contract documents. b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document. c. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of Georgia, Department of Revenue, 270 Sales and Use Tax Unit in Atlanta (404) 656-4065 for additional information. 2.22 Owner’s Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner further reserves the right, and sole and complete discretion to reject all proposals, and any proposal that is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the Owner in its sole discretion. In judging whether the Proposer is responsible, the Owner will consider, but is not limited to consideration of, the following: a. Whether the Proposer or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Proposer or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Proposer can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Proposer’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Proposer’s contract obligations. 2.23 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor will immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract. 2.24 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Request for Proposal (RFP) or contract by any member of a proposer’s staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions will cause render your proposal invalid. 2.25 Georgia Open Records Act: The responses will become part of the City of Tybee Island’s official files without any obligation on the City of Tybee Island’s part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, will belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law. It is the responsibility of the Proposer to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Proposer submitting records which the entity or person believes contains trade secrets that wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the records an affidavit 271 affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. Proposals will not be opened in public, and the information is exempt from disclosure, including the Open Records Act, until the RFP has been awarded, or all proposals have been rejected. City of Tybee Island will not be held accountable if material from responses is obtained without the written consent of the proposer by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.26 Georgia Trade Secret Act of 1990: In the event a Proposer submits trade secret information to the City of Tybee Island, the information must be clearly labeled as a Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law. 2.27 Contractor Records: The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. 2.28 Method of Compensation: The Method of Compensation will be addressed in the final contract. For this project, the City contemplates a payment schedule based on the phases of the work, to include four (4) stages: a. Submittal of draft of Part 1, the Public Safety portion of plan to City Manager and HR for review. b. Completion of Part 1. c. Submittal of draft of Part 2, Remaining Employees portion to City Manager and HR for review. d. Completion of Contract obligations: Entire plan submitted as contracted. 2.29 Terms of Contract: This is a one-time contract. The City reserves the right to terminate the contract for reasons of violations by the successful proposer of any term or condition of the contract by giving thirty (30) days written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample time to remedy the deficiencies. 2.30 Audits and Inspections: The contractor and his subcontractors will make available to the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during normal business hours at the offices of the Contractor, as requested by the City of Tybee Island. 3 EVALUATION CRITERIA This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Team in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not based on what is inferred. After thoroughly reading and reviewing this RFP, each t eam member 272 shall conduct his or her independent evaluation of the proposals received, and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table. 4 PROJECT TIMELINE Request for Proposal Released October 9, 2019 Emailed Questions Related to RFP Due October 31, 2019 Proposals Due to City November 19, 2019 2:00 PM Proposal Evaluation Period November 19-30, 2019 Recommendation to City Council December 12, 2019 Notification of Award December 13, 2019 Submit Draft for Part 1 January 31, 2020 Project Completion Part 1 Due March 2, 2020 Submit Draft for Part 2 May 1, 2020 Project Completion Part 2 Due June 1, 2020 Criteria Possible Points Firm Qualifications and Expertise: Consider comparable experience on projects of similar size and scope; background of specific personnel assigned to project; firm’s capacity; references; project personnel roles and responsibilities 30 Project Approach: Understanding of project scope and unique issues; proposed client communication process; unique approaches successfully used elsewhere; proposed project timeline 35 RFP Submission Compliance: All forms properly submitted; questions answered fully; content is orderly and easy to follow and compare with other proposals 10 Price: Forms properly completed; content is orderly and easy to follow; optional services clearly identified; quote price is reasonable and easy to compare to other quotations 25 273 Page | 23 E. RFP ATTACHMENTS (AS REQUIRED, SIGNED) • Proposal • W-9 • Insurance Coverage Certificate – Naming City of Tybee Island • Prepared Addendums to the Proposal that the City of Tybee Island has Issued • Instructions to Proposer Signature Sheet • O.C.G.A. § 50-36-1(e)(2) Affidavit • CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1) • City of Tybee Island – Vendor Information • Proposal Form • Checklist for Submitting Proposal o Note, McCartney Resources, LLC will register with the City of Tybee Island as a contractor for tax purposes should the contract be awarded. 274 275 276 277 278 279 280 281 282 Page | 24 F. ADDENDUMS TO RFP (SIGNED) 283 284 285 286 REQUEST FOR PROPOSAL RFP NO. 2019-741 COMPREHENSIVE EMPLOYEE COMPENSATION/CLASSIFICATION STUDY PROPOSAL DUE: TUESDAY, NOVEMBER 19, 2019 by 2:00pm CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM MONTY PARKS WANDA DOYLE JULIE LIVINGSTON JOHN BRANIGIN DOCUMENT CHECK LIST The following documents are contained in and made a part of this RFP Package, and are required to be submitted with the Proposal. It is the responsibility of the Proposer to read, complete and sign, where indicated, and return these documents with the Proposal. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THE PROPOSER INTRODUCTION SPECIFICATIONS AND REQUIREMENTS INSTRUCTIONS TO PROPOSERS GENERAL INFORMATION EVALUATION CRITERIA TIMELINE ATTACHMENTS: A. SIGNATURE SHEET; B. SAVE AFFIDAVIT; C. E-VERIFY CONTRACTOR AFFIDAVIT; D. VENDOR INFORMATION; E. PROPOSAL FORM; F. CHECKLIST INTRODUCTION Date: 8-28-18 This is a request for proposals to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”) with services as indicated herein. Sealed proposals must be received by 2:00pm local time, on Tuesday, November 19, 2019. The City of Tybee Island reserves the right to reject any or all proposals. METHOD OF AWARD: If the City of Tybee Island awards a contract as a result of this RFP, it will be awarded to the responsible proposer deemed able to provide the best value for the City. The award will take into account price among other factors as specified in this RFP. The City reserves 287 the right to select the proposer which best meets the City’s goals and objectives, needs, budget constraints, and qualit y levels, as well as its educational and service level expectations. The City reserves the right to award a contract to one or multiple vendors. Signature of proposer indicates understanding and intended compliance with the terms of this request, the requirements herein, and any subsequent award or contract. All specifications, conditions, and representations made in this request will become an integral part of the contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to reimburse the proposer, in whole or in part, for any costs associated with preparation, submission, or presentation of proposals. Instructions for preparation and submission of a proposal are contained in this RFP package. Please note that specific forms for submission of a proposal are required. The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement procedures are conducted in a manner that provides maximum open and free competition. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by the City. The City provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex, national origin or handicap. The City of Tybee Island is seeking a proposal package for service or materials equal to or exceeding specifications set forth on the attached pages. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this RFP. All responses, inquiries, or correspondence relating to, or in reference to, this RFP, and all reports, charts, displays, schedules, exhibits and other documentation by the proposers will become the property of the City when received. The City retains the right to use any or all ideas presented in any response to this RFP, whether amended or not. Selection or rejection of the proposal does not affect this right. SPECIFICATIONS AND REQUIREMENTS The City of Tybee Island is seeking proposals for a qualified firm experienced in conducting compensation and classification studies. The selected firm will perform services designed to evaluate the City’s current pay plans and recommend adjustments. This will be completed in two parts:  Part 1: Public Safety Employees Compensation and Classification Study  Part 2: All other Employees Compensation and Classification Study The proposal submitted should detail the respondent’s conceptual approach to fulfilling these requirements, the cost of performing the necessary services, and a proposed timeline for completing the project. BACKGROUND INFORMATION Tybee Island is a city and a barrier island located in Chatham County, 18 miles east of Savannah, Georgia. This small island (approximately 2.5 long by 1.75 miles wide) has long been a quiet getaway for the residents of Savannah, but now has become a popular vacation spot with t ourists from all over the United States and the world. The City of Tybee was incorporated in October 1887. Tybee’s City government operates under a Council/Manager form of government. This organizational plan places legislative responsibility of municipal government in a City Council and 288 gives administrative or executive authority to the City Manager. The Council consist s of the Mayor and six (6) Council Members. The City of Tybee serves approximately 3,200 residents, but du ring our tourist season, the island expands to approximately 30,000. Overall, the City has approximately 120 full-time employees, 15 part-time employees and fills approximately 60 seasonal positions annually. City departments include: City Clerk, City Manager, Finance, Payroll, Purchasing, HR, IT, Municipal Court, Parking, Campground, Planning and Zoning, Business License, Main Street, Special Events, Fire, Police, Code Enforcement, E-911, Ocean Rescue, Public Works, Buildings & Grounds, Engineering, Stormwater, Water/Sewer. Due to the fact that Tybee Island is a vacation and tourist destination, property values and cost of living expenses are much higher than in surrounding areas. This makes it difficult to hire employees, as most are unable to afford to live here. The City’s current Classification and Compensation Plan was last evaluated and updated in 2015. Since that time, we have had difficulties in filling certain positions, especially in public safety departments. Guidelines need to be established, not only to help attract qualified employees, but also to retain them. GOALS AND OBJECTIVES The purpose of the Classification and Compensation Study is to address changes in City operations and staffing which may have affected the type, scope, and level of work being performed. The City’s objectives are to: 1. Attract and retain qualified employees. 2. Ensure positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills, and abilities are classified together. 3. Provide salaries commensurate with assigned duties. 4. Clearly outline promotional opportunities and provide recognizable compensation growth. 5. Provide justifiable pay differential between individual classes. 6. Maintain a competitive position with other comparable government entities and private employers. All work will be done with regular involvement of the City’s City Manager and HR Director. The City’s senior management team will be involved as necessary. Regular presentations and meetings with these individuals or groups, incorporating their input into the process, are mandatory. Presentation to the City Council upon completion of the project is also mandatory. SCOPE OF SERVICES The goal of the City, as it relates to classification and compensation, is to equitably compensate employees for the work performed on behalf of the City, while recognizing and rewarding those employees who exceed expectations. This should be accomplished with a modern compensation and classification system that is easily managed, not overly complex for employees to understand, and adaptable. The compensation study shall be made in accordance with generally accepted compensation methods and in accordance with applicable federal and state laws. 1. Review the City’s current compensation plan (salary, grade levels and pay ranges), understand current challenges to recruiting and retaining employees and propose recommended strategies of the City. 289 2. Conduct interviews and/or job audits as appropriate. Interviews and/or job audits may be conducted individually or in groups based upon classification. 3. Review and update current job descriptions to uniformly reflect the distinguishing characteristics, essential job functions, minimum qualifications (education/experience and knowledge/skills/abilities), working conditions (physical demands, work environment, and travel requirements) and certification/licenses/registrations requirements for classifications needed. 4. Identify Officials & Administrators, Professionals, Technicians, Paraprofessionals, Administrative Support, Skilled Craft Workers, and Service employees, including Fair Labor Standards Act (FLSA) status (exempt/non-exempt.). 5. Identify and recommend a consistent and competitive market position that the City can strive to maintain. 6. Recommend comparable labor markets, including both private and public sector employers for the compensation survey. The City requires final approval of the labor markets to be included in the study. 7. Develop and conduct a comprehensive compensation survey. 8. Recommend appropriate salary range for each position based on the classification plan, the compensation survey results, and internal relationships and equity. The consultant will prepare a new salary structure based on results of the survey and best practices. 9. Develop guidelines to assist the City staff with determining the starting pay for new employees based on knowledge and experience above minimum requirements of the position, how difficult the position is to fill, and market competitiveness. 10. Identify career ladders/promotional opportunities as deemed appropriate. 11. Recommend implementation strategies including calculating the cost of implementing the plan. 12. Identify any extreme current individual or group compensation inequities, and provide a recommended corrective action plan and process to remedy the situation. 13. Make recommendations and provide implementation strategies related to other key compensation practices based on market demand, including pay for performance, skill pay, certification pay, bilingual pay, promotional pay, and acting assignment pay. 14. Develop and provide a straightforward, easily understood, maintenance system that can be used to keep the classification system updated and equitable. 15. Provide system documentation and computer software formats to administer the plan 16. Conduct comprehensive training for Human Resources to ensure the staff can explain and administer the new system in the future. The training program should be clearly spelled out in the proposal. 17. Provide an appeals process for a period of time after the plan is implemented. The City recognizes that it is not uncommon for municipalities to select some, but not all, of the consultant’s recommendations. In some circumstances, selectively adopting a recommended package may negatively affect of the recommendation. Therefore, it is requested that, if applicable, the consultant identify which recommendations may be implemented individually and which should only be adopted as a package. EXPECTED PROJECT DELIVERABLES The consultant is expected to present the following information that shall be produced within the scope of services: 1. A written report outlining the findings related to the work undertaken in the Scope of Services. The report shall include the consultant’s recommendations with supporting information in sufficient detail to evidence the basis for the final recommendation. 290 2. Identification of the accepted best practices, an explanation of likely alternatives to the City’s current pay and compensation program, a listing of the potential benefits and drawbacks related to each best practice, and an explanation as to why the consultant is recommending each particular practice. 3. A financial impact analysis related to the report’s final recommendations, which shall include, without limitation, the impact of classification adjustments, and compensation changes. 4. A detailed listing of proposed implementation action steps, with recommended timing necessary to implement the recommendations. The action steps should be in sufficient detail as necessary to adopt the consultant’s recommendations without requiring ongoing support from the consultant during implementation. 5. Delivery of a draft report to the City Manager, and at least one meeting with the City Manager and HR Director to review the draft report. 6. An on-site oral presentation of the draft report recommendations to the City Council. The consultant should expect one meeting before City Council, but should also specify the additional per meeting rate, inclusive of expenses, if any additio nal meetings are required. The report will not be considered finalized until formally accepted by the City Council. 7. An Operation Manual that describes the management and operation for the recommendations. QUALIFIED PROPOSERS The City is seeking an experienced consultant to provide the services detailed in this RFP. Therefore, at a minimum, respondents should have experience in the following areas to be considered qualified for the Project: 1) Experience and expertise in analyzing municipal compensation and classification plans, and identification of best practices. 2) Knowledge of Federal and Georgia laws and regulations governing compensation of municipal employees. 3) Recent experience in analyzing, making and implementing recommendations in municipalities. 4) Demonstrate experience redesigning compensation and/or classification plans in a municipal setting, preferably within Georgia. 5) Experience conducting employee meetings or human resources staff training for the purpose of transitioning a municipality from a step based compensation plan to a merit based system is preferred, but not required. 1. INSTRUCTIONS TO PROPOSERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a proposal to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All RFPs are governed by the Code of the City of Tybee Island, Georgia, 15-2015 291 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia. Proposers must carefully review all provisions of, and attachments to, this document prior to submission. Each proposal constitutes an offer and cannot be withdrawn except as provided herein. This RFP and any attachments, plans, and/or other related documents can be found on the City’s website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the proposer to check the website for additional information and/or addendums. 1.1 How to Prepare Proposals: PROPOSAL FORMAT A. Proposal Questionnaire: Please provide a concise description of your firm’s ability to provide a comprehensive classification and compensation study. Costs incurred by firms responding to this request are solely their responsibility. Additionally, please include the answers to the following questions (Address each by number): 1. Describe your organizational structure (i.e. publicly held corporation, partnership, etc.). How many employees do you have in your organization and what are their job categories? 2. Briefly describe your company’s organization, philosophy, and management. Also, please provide a brief company history. 3. Describe your contractual relationships, if any, with organizations or entities necessary to your proposal’s implementation (i.e., actuarial services, data information services, etc.). 4. How long has your organization been providing this type of service? Has your organization ever operated under a different name? Why was the name changed? 5. What is your firm’s scheme of communication and customer service interaction with clients? 6. Provide experience of the firm in conducting similar studies for Governmental entities and other comparable studies. This will include (three) 3 previous clients for whom the firm has performed a comprehensive classification and compensation study. 7. Please provide at least two verifiable public-sector references, all of whom are able to comment on your organization’s relevant experience. Please include group name, contact name, and telephone number. Please furnish:  Services you provided  Example of recommendations made  Timeframe of completion  Number of employees, positions and classes studied  Contact name and phone number 8. Provide professional resumes of all personnel to be involved in the study and a clear indication of the responsibilities of each. It is understood by the City that the individuals specified in the consultant’s proposal are the individuals who will do the work associated with the compensation study, as described in the proposal. 292 9. What makes your organization unique from other organizations that may submit proposals for the City of Tybee Island to make a selection? 10. A detailed description of the plan to achieve the necessary requirements and a plan for accomplishing this work. 11. A detailed description of job analysis and compensation methodology to be used if the consultant has a pre-designed system. 12. A proposed fee schedule and breakdown of the firm’s not to exceed fees to complete the Classification and Compensation study. 13. Provide a proposed time line to include start and completion dates for the study and identify specific milestones. 14. A description of any pending legal issues facing the firm/individual. 15. Any additional information that the consultant deems appropriate. B. Scope of Work Response 1. State if you will provide all the services as noted in the Scope of Work section for the fee quoted. 2. List areas in the Scope of Work for which there will be an additional cost and list the estimated additional cost. 3. List areas in the Scope of Work for which your company will not or cannot provide the listed service. 4. List any other information that should be considered in evaluating the firm’s marketing, staff, and/or other service capabilities. All Proposals must be: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Proposals must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Proposal. ALL SIGNATURE SPACES MUST BE SIGNED. c. Include all information requested, organized in tabbed sections, clearly identified in a table of contents as described in the paragraphs below. Any other information thought to be relevant but not applicable to the enumerated categories may be provided as a separate appendix to the proposal. The following information/documents must be included in the proposal package to be considered responsive to the request for proposal: 293 i. Management Synopsis. Provide a synopsis, prepared for management review, covering the salient features of the proposal including, overall costs, and terms of work. ii. Statement of Methods and Procedures. Provide a statement describing the scope of the work as understood from the document. Describe the approach, means, methods, and procedures to be used to gather data, analyze findings, and develop recommendations as requested. Provide a sample of reports and/or other correspondence. iii. Agents and Address. Professional resumes of all personnel to be involved in the study, identification of the project manager and a clear indication of the responsibilities of each. Include specific information on the staff’s experience with public sector compensation including public safety. It is understood by the City that the individuals specified in the consultant’s proposal are the individuals who will do the work associated with the compensation study, as described in the proposal. List address, email addresses and telephone number of the office from which the services are to be provided. Proposals shall be signed above the typed or printed nam e of the signer. The signer shall have the authority to bind the proposer to the subm itted proposal. iv. Structure and Content of Work Product. Provide a detailed breakdown and description of the specific steps, services, and study products that will be provided. Provide a detailed description of job analysis and compensation m ethodology to be used if the consultant has a pre-designed system. Describe how the final work product will be structured and presented upon completion. Include any com puter/software compatibility information. Firms may elect to include in this section any innovative methods or concepts that might be beneficial to the City as long as the minimum requirements set out in the RFP are met. v. Work Schedule. Provide a timeline indicating tasks required and the start and completion dates for each. It is expected that the project will commence as soon as possible after the contract is awarded. vi. References. Include the name, address, telephone number and e-mail address for contact persons at three (3) other public entities for which comparable services have been rendered. vii. Cost of Services. Provide a total cost estimate, including travel expenses, and “not to exceed” amount for the work described in this document; a rate schedule for computing any extra work not specified in the contracted scope of work; and an am ount to be deducted from the total cost estimate because proposer is conducting or has conducted in the past six (6) months, salary surveys of comparable jurisdictions/positions, the data from which can be shared rather than independently gathered. Include expectations of payment options and cost breakdown where possible. The cost estimate should be valid for a period of 90 days after the proposal submission viii. Other. Provide any other related and recommended products or services not specified in this RFP that may be considered essential or beneficial by the firm. These services should be priced separately form the total cost estimate in an Appendix 294 1.2 How to Submit Proposals: One original, and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the RFP number and title, and proposer’s company name, to the office of the address below prior to the time specified. Include your proposal, and all required attachments, which can be found at the end of this document.  Include all requested documents, in addition to a W-9 and certificate of insurance.  City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration. Contact Sharon Shaver for additional information, at 912-472-5072, or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga  All Proposals must be hand delivered, mailed, or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. Include RFP #2019-741 Class & Comp on front of envelope.  Courier or hand deliver response package to: MELISSA FREEMAN TYBEE ISLAND CITY HALL 403 BUTLER AVE TYBEE ISLAND, GA. 31328  Proposals may be submitted via US Mail, but proposers choosing this method should allow at least an additional 24 hours for delivery: MELISSA FREEMAN CITY OF TYBEE ISLAND PO BOX 2749 TYBEE ISLAND, GA. 31328 FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. PROPOSALS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED. 1.3 How to Submit an Objection: Potential proposers must present any written objection to this RFP at least seven (7) days prior to the proposal due date. The objections contemplated may pertain to form and/or substance of the RFP documents. Objections must be made in writing to the Purchasing agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to RFP #2019-741. 1.4 Errors in RFP responses: Proposers are expected to fully inform themselves as to the conditions, requirements, and specifications of this RFP before submitting a proposal. Failure to do so will be at the Proposer's own risk. In case of error in extension of prices in the proposal, the unit price will 295 govern. 1.5 Questions concerning RFP: Questions, inquiries, suggestions, or requests concerning interpretation, clarification or additional information concerning any portion of this RFP must be made by email, sent to the below named individual, who will be the official point of contact for this RFP. Questions must be submitted no later than October 25, 2019. Mark subject line on e-mail “Questions on RFP 2019-741, Class & Comp Study.” POINT OF CONTACT: Melissa Freeman mfreeman@cityoftybee.org Failure of a Proposer to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Proposer's acceptance of all of the terms, conditions and requirements set forth in this RFP. 1.6 Addendums to RFP: Any changes to the conditions or specifications in this RFP must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this RFP, it will be posted by the Purchasing Agent on the City’s website. The issuance of a written addendum by the Purchasing Agent is the only official method by which interpretation, clarification or additional information will be given. The City of Tybee Island will not be responsible for any oral representation given by any employee, representative or others. Proposer must acknowledge each addendum in the response. It is solely your responsibility as a proposer to ensure that you have received all addenda and incorporated the changes into your response before submission. Unless otherwise specified in an addendum, the due date and time remains as listed above. 2 GENERAL INFORMATION 2.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the proposer but will put the proposer on notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mentioned is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., will be construed to be the minimum requirements of these specifications. 2.2 Standards for Acceptance of Proposal for Contract Award: City of Tybee Island reserves the right to reject any or all proposals and to waive any irregularities or technicalities in proposals received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the 296 proposal of a proposer who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal from a proposer whom investigation shows is not in a position to perform the contract. 2.3 Proposer: Whenever the term "proposer" is used it will encompass the "person," "business," "supplier," "vendor," or other party submitting a proposal to City of Tybee Island in such capacity before a contract has been entered into between such party and City of Tybee Island. 2.4 Responsible/Responsive proposer: Responsible proposer means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive proposer means a person or entity that has submitted a proposal that conforms in all material respects to the requirements set forth in the RFP. 2.5 Compliance with Laws: The proposer will obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island will be supplementary to this section and not in substitution thereof. 2.6 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. 2.7 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any proposer must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 2.8 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors with 100 or more employees entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. No proposals will be considered unless a signed E-Verify Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E-Verify information. Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain “public benefits” are legally present in the United States. Contracts with the City are considered “public benefits.” Responders are required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this RFP package. Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, 297 employment verification, and nondiscrimination. Under the INA, employers can hire only persons who can legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of any hiree, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor will establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 2.9 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project. 2.10 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted in the proposal will be firm for acceptance for a period of ninety (90) days from proposal opening date, unless otherwise stated in the RFP. 2.11 Quality: All materials or supplies used for, or the workmanship employed in, any construction necessary to comply with this RFP, will be of the best quality, and adhere to the highest industry standards. 2.12 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Proposer will unconditionally guarantee the materials and workmanship for one (1) year from completion of the project or delivery of goods. If, within the guarantee period, any defects occur which are due to faulty material and or services, the contractor, at his expense, will repair or adjust the condition, or replace the material, to comply with the contract requirements and applicable standards thereof. These repairs, replacements or adjustments will be made only at such time as will be designated by the City of Tybee Island as being least detrimental to the operation of the City. 2.13 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the Proposal as requested by the City, the proposer will be liable for any injury, damage or loss occasioned by negligence of the proposer, his agent, or any person the proposer has designated to prepare the proposal and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful proposer in order to be awarded a contract with City of Tybee Island. 2.14 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non- performance or violation of contract terms. An award may be made to the next higher ranked Proposer, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or his surety) will be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See the contract documents for complete requirements. 2.15 Certification of Independent Price Determination: By submission of this proposal, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; 298 b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly to any other proposer or to any competitor; and c. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 2.16 Qualification of Business (Responsible Proposer): the Scope of Work, specifications and plans define a responsible Proposer as one who meets, or by the date of the proposal acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required. The City has the right to require any or all proposers to submit documentation of the ability to perform, provide, or carry out the service or provide the product requested. The City has the right to disqualify the proposal of any proposer as being unresponsive or un-responsible whenever such Proposer cannot document the ability to deliver the requested product or service. 2.17 Compliance with Specification - Terms and Conditions: The RFP, Legal Advertisement, General Conditions and Instructions to Proposers, Specifications, Special Conditions, Addendum, and/or any other pertinent documents form a part of the Proposal and by reference are made a part hereof. 2.18 Signed Proposal Considered Offer: The signed Proposal will be considered a binding offer on the part of the Proposer, which offer will be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Proposer after such acceptance, the City of Tybee Island may take such action as it deems appropriate, including legal action, for damages or lack of required performance. 2.19 Notice to Proceed: The successful proposer must not commence work under this RFP until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as specified in the Special Conditions. If the successful Proposer does commence any work or deliver items prior to receiving official notification, he does so at his own risk. 2.20 Protest Policy: Any proposer who is aggrieved in connection with the award of a contract may file a protest with the Purchasing Agent. The protest must be submitted no later than 48 hours prior to the date the award recommendation is scheduled to be approved by City Council. Recommendations to Council are usually posted on the preliminary agenda on the City's website on the Thursday prior to the Council meeting date. It is the proposer's responsibility to ascertain the City's recommendation for award. Protests must be made in writing to the Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the subject line Protest: RFP #2019-741, and must include the following information: a. Name, address, email address, and telephone numbers of the protester; b. RFP number; c. Detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the protester; d. Copies of supporting documents, if any; e. Statement of relief requested; f. All information establishing that the protester is an interested party for the purpose of filing a protest on an award decision; g. All information establishing the timeliness of the protest. 299 2.21 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City are specified in the contract document. a. Questions regarding payment may be directed to the Accounting Department at 912- 472-5024 or City of Tybee Island’s Project Manager as specified in the contract documents. b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document. c. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656-4065 for additional information. 2.22 Owner’s Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner further reserves the right, and sole and complete discretion to reject all proposals, and any proposal that is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the Owner in its sole discretion. In judging whether the Proposer is responsible, the Owner will consider, but is not limited to consideration of, the following: a. Whether the Proposer or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Proposer or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Proposer can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Proposer’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Proposer’s contract obligations. 2.23 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor will immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract. 2.24 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Request for Proposal (RFP) or contract by any member of a proposer’s staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is 300 strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions will cause render your proposal invalid. 2.25 Georgia Open Records Act: The responses will become part of the City of Tybee Island’s official files without any obligation on the City of Tybee Island’s part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, will belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law. It is the responsibility of the Proposer to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Proposer submitting records which the entity or person believes contains trade secrets that wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. Proposals will not be opened in public, and the information is exempt from disclosure, including the Open Records Act, until the RFP has been awarded, or all proposals have been rejected. City of Tybee Island will not be held accountable if material from responses is obtained without the written consent of the proposer by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.26 Georgia Trade Secret Act of 1990: In the event a Proposer submits trade secret information to the City of Tybee Island, the information must be clearly labeled as a Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law. 2.27 Contractor Records: The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. 2.28 Method of Compensation: The Method of Compensation will be addressed in the final contract. For this project, the City contemplates a payment schedule based on the phases of the work, to include four (4) stages: a. Submittal of draft of Part 1, the Public Safety portion of plan to City Manager and HR for review. b. Completion of Part 1. c. Submittal of draft of Part 2, Remaining Employees portion to City Manager and HR for review. d. Completion of Contract obligations: Entire plan submitted as contracted. 2.29 Terms of Contract: This is a one-time contract. The City reserves the right to terminate the contract for reasons of violations by the successful proposer of any term or condition of the contract by giving thirty (30) days written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample time to remedy the deficiencies. 301 2.30 Audits and Inspections: The contractor and his subcontractors will make available to the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during normal business hours at the offices of the Contractor, as requested by the City of Tybee Island. 3 EVALUATION CRITERIA This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Team in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not based on what is inferred. After thoroughly reading and reviewing this RFP, each t eam member shall conduct his or her independent evaluation of the proposals received, and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table. 4 PROJECT TIMELINE Request for Proposal Released October 9, 2019 Emailed Questions Related to RFP Due October 31, 2019 Proposals Due to City November 19, 2019 2:00 PM Proposal Evaluation Period November 19-30, 2019 Recommendation to City Council December 12, 2019 Notification of Award December 13, 2019 Submit Draft for Part 1 January 31, 2020 Project Completion Part 1 Due March 2, 2020 Submit Draft for Part 2 May 1, 2020 Project Completion Part 2 Due June 1, 2020 Criteria Possible Points Firm Qualifications and Expertise: Consider comparable experience on projects of similar size and scope; background of specific personnel assigned to project; firm’s capacity; references; project personnel roles and responsibilities 30 Project Approach: Understanding of project scope and unique issues; proposed client communication process; unique approaches successfully used elsewhere; proposed project timeline 35 RFP Submission Compliance: All forms properly submitted; questions answered fully; content is orderly and easy to follow and compare with other proposals 10 Price: Forms properly completed; content is orderly and easy to follow; optional services clearly identified; quote price is reasonable and easy to compare to other quotations 25 302 ATTACHMENT A CITY OF TYBEE - INSTRUCTIONS TO PROPOSER SIGNATURE SHEET The Proposer certifies that he/she has examined all documents contained in this RFP package, and is familiar with all aspects of the RFP and understands fully all that is required of the successful Proposer. The Proposer further certifies that his/her Proposal will not be withdrawn for sixty (60) days from the date on which his proposal is submitted to the City. The Proposer agrees, if awarded this Contract, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all services and/or items indicated thereon as specified in this RFP for the proposal amount; or, B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this RFP for the proposal amount, and; COMPANY DATE SIGNATURE TITLE TELEPHONE NUMBER MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council established goals oriented to increase participation of minority and female owned businesses, through MBE/WBE certification and development. In order to accurately document participation, businesses submitting bids, quotes or proposals are encouraged to report ownership status. A minority or women business is defined as a business that is at least 51% owned and managed by minority or women. A responder that is certified by any agency of the Federal Government or State of Georgia may submit a copy of their certification with their proposal as proof of qualifications. Proposer that intends to engage in joint ventures or utilize sub- consultants must submit a report of Minority/Women Business Enterprise participation to Melissa Freeman, P.O. Box 2749, and City of Tybee Island, GA 31328. African-American\Black_____ Asian American_____ Hispanic_____ Native American_____ Alaskan Indian_____ Female_____ 303 ATTACHMENT B O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) ____________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _____________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit will be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). _________________________________ Signature of Applicant _________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: 304 ATTACHMENT C CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1) By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__. _________________________________ NOTARY PUBLIC My Commission Expires: 305 ATTACHMENT D CITY OF TYBEE ISLAND VENDOR INFORMATION Vendor Name: ________________________________________________________________________ Product or Services Provided: __________________________________________________________ Sales Contact Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Address: _______________________________________________________________________________________ Accounts Receivable Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Remittance Address: ___________________________________________________________________ Federal Tax Id #: _______________________________________________________________________ Attach Copy of W-9 and Occupational Tax Certificate Provide Copy of Worker’s Comp Coverage when providing any service involving labor on City property. Our terms are net 30 306 ATTACHMENT E PROPOSAL FORM CLASS & COMP STUDY RFP# 2019-741 Please attach all specifications regarding materials, installation, and warranties to this sheet with your total proposal cost below. Submittal of draft for Part 1 – Public Safety _______________ Completion of Part 1 _______________ Submittal of Draft for Part 2 _______________ Completion of Part 2 _______________ TOTAL: ______________ __________________________ (Firm) __________________________ (Signature) __________________________ (Title) 307 ATTACHMENT F CHECKLIST FOR SUBMITTING PROPOSAL Sign below and submit this sheet with your proposal NOTE: All of the following items must be submitted with your proposal to be considered “responsive”. Remember to follow the Instructions in the RFP Documents. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS _____ W-9 _____ OCCUPATIONAL TAX CERTIFICATE _____ COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE PROPOSAL: A. SIGNATURE SHEET _____ B. SAVE AFFIDAVIT _____ C. E-VERIFY CONTRACTOR AFFIDAVIT _____ D. VENDOR INFORMATION _____ E. FULL PROPOSAL WITH COST _____ F. CHECKLIST _____ __________________________________________ NAME/TILE __________________________________________ COMPANY NAME __________________________________________ ADDRESS __________________________________________ CITY/STATE/ZIP __________________________________________ PHONE NUMBER __________________________________________ EMAIL __________________________________________ SIGNATURE 308 CITY OF TYBEE ISLAND REQUEST FOR PROPOSAL RFP NO. 2019-741 ADDENDUM #3 CLASSIFICATION AND COMPENSATION PROPOSAL DUE: TUESDAY, NOVEMBER 19, 2019 by 2:00pm To all prospective proposers, please note the following changes to the scope of this RFP: The selected firm will perform services designed to evaluate the City’s current pay plans and recommend adjustments. This will be completed in two parts:  Part 1: Public Safety Employees Compensation and Classification Study  Part 2: All other Employees Compensation and Classification Study 1 PROJECT TIMELINE Request for Proposal Released October 9, 2019 Emailed Questions Related to RFP Due October 31, 2019 Proposals Due to City November 19, 2019 2:00 PM Proposal Evaluation Period November 19-30, 2019 Recommendation to City Council December 12, 2019 Notification of Award December 13, 2019 Submit Draft for Part 1 January 31, 2020 Project Completion Part 1 Due March 2, 2020 Submit Draft for Part 2 May 1, 2020 Project Completion Part 2 Due June 1, 2020 Proposer may choose to submit a proposal in which Parts 1 and 2 are submitted at the same time. These proposals will be accepted, but please note that in that case, BOTH parts must be completed, with final drafts submitted , by March 2, 2020. If proposer chooses to submit the project in two parts, it will then follow the above timeline. Return this signed addendum with your proposal response. Name of Company: ________________________________________ Name/Title: ______________________________________________ Signature: ________________________________________________ 309 CITY OF TYBEE ISLAND REQUEST FOR PROPOSAL RFP NO. 2019-741 ADDENDUM #2 CLASSIFICATION AND COMPENSATION PROPOSAL DUE: TUESDAY, NOVEMBER 19, 2019 by 2:00pm To all prospective proposers, please note the following questions and answers regarding this RFP: Can you advise the number of public safety employees and number of public safety positions covered by the study, and the number of all other employees and positions covered by the study?  Police: 31. Including Police Chief, Majors, Captains, Lieutenants, Sergeants, Corporals, Senior Police Officers, Police Officers and 2 Part Time Detention Officers Dispatch/911: 6. Including Communication Officers, Communication Coordinator, and Office/911 Manager  Animal Control: 3. Including an Animal Control Officer and 2 Part Time Officers  Fire: 22. Including Fire Chief, Captains, Lieutenants, Firefighters and 5 part time firefighters.  Seasonal Ocean Rescue Lifeguards (40-50) Season last from April – October – positions consist of Beach Manager, Beach Supervisors, Lifeguards, and Dispatch Do you want the whole RFP document submitted as part of our proposal as on page 1 of the RFP? Yes Section 1.1 requests questions in section A be answered and addressed by number in the proposal response. Section B also has questions to be answered in our proposal response. Instructions that follow these requests in the proposal provide further instructions the proposal is to be submitted with specific tabs. Different questions within sections A and B fit within different number and labeled tabs which do not match the numbers of the questions in sections A and B. Can you please clarify if you want the proposal submitted to follow the request of the tabs and include answers to questions from sections A and B within the information provided in each of the tab as applicable? If not, would you like the different requirements between the questions and the tabs addressed? Put Proposal Questionnaire (A.) and Scope of Work Response (B.) in an introduction, before tabs 1 through 8 (i.- viii.). Anything covered under those questions will not need to be readdressed in the tab section. Can you please clarify how you would like exceptions submitted as part of our proposal? Any exceptions should be included in the last tab, under Other (viii). Return this signed addendum with your proposal response. Name of Company: ________________________________________ Name/Title: ______________________________________________ Signature: ________________________________________________ 310 12/11/195:00PMjrl Item Attachment Documents: 15. Marine Science Center building and the applicable leases 311 312 LEASE THIS LEASE ("Lease") made and entered into as of this _____ day of ________________, 2019 by and between CITY OF TYBEE ISLAND, GEORGIA (hereinafter “City”) and TYBEE ISLAND MARINE SCIENCE CENTER FOUNDATION, INC., a Georgia Non-Profit Corporation, d/b/a Tybee Island Marine Science Center (hereinafter “MSC”), upon the following terms and conditions: RECITALS WHEREAS, the City and MSC desire that MSC lease certain property hereinafter described and improvements thereon consisting of the Marine Science Center (“the Center”) for the purposes of providing cultural, educational, museum and recreational programs and facilities related to beach and marine life, all as hereinafter provided; WHEREAS, the City is a municipal corporation under Georgia law authorized to provide recreational, governmental, public health, and similar activities and facilities to citizens and is desirous of improving its ability to do so; and WHEREAS, MSC is a non-profit corporation engaged in providing educational and recreational programs and facilities dealing primarily with beach and marine life, as well as environmental issues; and WHEREAS, the City has contracted for the construction of a facility to be used and operated as the Marine Science Center located on the north end of Tybee Island in the North Beach parking lot (hereinafter the “Property” or the “Premises”); and WHEREAS, the location was deemed suitable for the construction of a municipal building to be used for MSC purposes, including recreation, cultural and education; and WHEREAS, in light of the volunteer services provided by MSC in the context of enhancing the community of the City and tourism therein and recreational activities therein; and WHEREAS, the City has the power and authority to dispose of or lease real property pursuant to its charter; and WHEREAS, the City has secured Recreational Authority Bond Funding for the express purpose of providing financing for the construction and operation of the Marine Science Center pursuant to certain limitations and restrictions; and WHEREAS, the parties have been pursuing the construction of the Center for many years and the leasing of the Property and the Center by the City to the Marine Science Center; and WHEREAS, on March 18, 2003, the voters of Chatham County voted in favor of a Special Purpose Local Option Sales Tax (“Referendum”) for which certain capital improvement projects as designated in Attachment 4 of the SPLOST Resolution of the Board of Commissions of Chatham County adopted on February 14, 2003 (“SPLOT Resolution”); and 313 Page 2 WHEREAS, the Center was and is one of the projects listed for the City in the Intergovernmental Agreement for the Distribution of Special Purposes Sales and Use Tax Proceeds by the County to Municipalities for Capital Outlay Projects, for General Obligation Debt, and Road, Street and Bridge Purposes by and among Chatham County and eight municipalities of Chatham Cou nty, including the City (“Intergovernmental Agreement”); and WHEREAS, other capital improvement projects identified in the SPLOST Resolution and the Intergovernmental Agreement are enumerated as cultural, recreational, and historic facilities along with projects that will result in services to assist the health, safety, and welfare on a county-wide basis; and NOW, THEREFORE, in consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I - DEFINITIONS Unless the context otherwise specifies or requires, the following terms shall have the meanings specified herein: 1.1 Base Rent. The term "Base Rent" shall mean the sum of Ten Dollars ($10.00) per calendar year beginning in _____. 1.2 Commencement Date. The term "Commencement Date" shall be as of the ____ day of _____ 2020. 1.3 Event of Default. The term “Event of Default” shall be as defined in Section 15.1. 1.4 Expiration Date. The term "Expiration Date" shall mean December 31, 2035, unless renewed pursuant to Section 3.2. 1.5 City's Address For Notices. The term "City's Address for Notices" shall mean: CITY OF TYBEE ISLAND, GEORGIA, P.O. Box 2749, Tybee Island, Georgia, 31328, Attention: City Manager, with a copy to City Attorney, at P.O. Box 2749, Tybee Island, Georgia, 31328. 1.6 Premises/Property. The term "Premises" or "Demised Premises" or "Leased Premises" or “Property” shall mean that certain parcel of real property with the improvements thereon on the north end of Tybee Island in the North Beach parking lot City of Tybee Island, Chatham County, Georgia which is the _______ property identified as Parcel 2 on the Plat of Lot 2367 of a Recombination of Portions of Lots 6 & 7, Block 8, A Portion of Lot 2 & All of Lot 3, Block 9 & Portions of Wrenwood Avenue & the Former United States Coast Guard Property, Fort Screven Ward, Tybee Island, Georgia dated , 2014 by Bert Barrett, Jr. Land Surveying, P.C. attached as Exhibit "A". Said Parcel 2 being an area of _____ square feet. Pursuant to the Agreement of even date herewith between Limewood Drive Owner, LLC, the Marine Science Center Foundation, LLC and the City of Tybee Island, the following described property shall also be included as part of the term “Premises” or “Demised Premises” or “Leased Premises” or “Property”. The parcel on the plat attached hereto as Exhibit “____” is identified as Parcel 2B 314 Page 3 consisting of a portion of Limewood Drive right-of-way, which is the subject matter of such agreement to which a copy of this lease agreement is attached as Exhibit “___”. 1.7 MSC's Address For Notices. The term "MSC's Address for Notices" shall mean: TYBEE ISLAND MARINE SCIENCE FOUNDATION, INC., PO Box 1879, Tybee Island ,Georgia, 31328 Attention: Executive Director, maria@tybeemarinescience.org, with a copy to: Lane A. Johnson c/o Hunter, Maclean, Exley and Dunn, P.C., 200 E. Saint Julian Street, Savannah, GA 31401. 1.8 MSC’s Permitted Uses. The term "MSC’s Permitted Uses" shall mean the maintenance and operation of the Center as a cultural, educational, museum and recreational facility, which shall include, but not be limited to, providing programs and undertaking projects related to beach and marine life. The MSC may only use or authorize the use of the premises for programs, projects or events that are consistent with its current mission statement. Except with specific authorization of City Council, events or gatherings such as weddings, family reunions, school reunions, parties or social events and similar uses shall not be permitted, except for birthday parties for children ages ten and under. The mission statement of the MSC states: “Our mission is to cultivate a responsible stewardship of coastal Georgia’s natural resources through education, conservation and research. 1.9 Transaction Closing Date. The term "Transaction Closing Date" shall mean the date this Lease is fully executed by all parties. 1.10 Method of Notice. MSC and the City shall follow the method of providing notices to the other party outlined in Section 19.1 of this Lease. ARTICLE II - PREMISES 2.1 Lease of Premises. City hereby leases the Premises to MSC, and MSC hereby leases the Premises from City, upon all of the terms, covenants and conditions contained in this Lease, subject to (i) any state of facts an accurate survey of the Premises would show; (ii) any state of facts a personal inspection would show; (iii) rights, easements and restrictions of record; and (iv) all present and future state or federal laws, orders and regulations. 2.2 Acceptance of Premises. MSC acknowledges that City has not made any representation or warranty with respect to the condition of the Premises or with respect to its suitability or fitness for the conduct of MSC's Permitted Use or for any other purpose, and MSC acknowledges that it is accepting the Premises "AS IS." ARTICLE III - TERM 3.1 Term. Unless sooner terminated as provided in this Lease, the term of this Lease (the "Term" or "Lease Term") shall be for the period commencing on the Commencement Date described in Section 1.2 of this Lease and ending on the Expiration Date described in Section 1.4 of this Lease, and if renewed as per Section 3.2, “Lease Term” as used in this Lease shall be deemed to include any and all Renewal Terms. 3.2 Renewal Terms. If no Event of Default (as hereinafter defined) shall have occurred and this Lease shall otherwise be in full force and effect and so long as not deemed as being beyond the authority of the City to enter into a Lease for a period exceeding fifteen (15) years, MSC shall have the right to extend the term of this 315 Page 4 Lease for three (3) additional periods of five (5) years each (each five (5) year terms hereinafter called a "Renewal Term" and collectively called "The Renewal Terms") by delivering written notice for such renewal to City at least ninety (90) days, but not more than three hundred sixty (360) days, before the Initial Term or the applicable Renewal Term expires. If MSC exercises the foregoing rights to extend the term of this Lease for one or more Renewal Terms, all terms and provisions of this Lease (other than the Renewal Term) shall remain in full force and effect, except that the Expiration Date shall be the last day of the last month of the fifth (5th) year after the expiration of the initial Term or the previous Renewal Term, as applicable. In the event there exists an Event of Default the foregoing right or ability of MSC to extend the term shall be terminated and non-exercisable by MSC. ARTICLE IV - RENTAL; PAYMENT OF OPERATING EXPENSES AND OTHER CHARGES 4.1 Base Rent. During the Lease Term, MSC shall pay to City as rental for the Premises the Base Rent in the manner described in Section 1.1. City acknowledges receipt, as of the date hereof, of advance payment by MSC in the amount of $20 for the first two (2) calendar years of the Term, i.e. calendar years 2020 and 2021. 4.2 Expenses and Other Charges. MSC shall, during the Term of this Lease, as additional rent, pay and discharge punctually, as and when the same shall become due and payable, and before any governmental impositions and charges and obligations owed to governmental authorities of every kind and nature whatsoever, extraordinary as well as ordinary and each and every installment thereof which shall or may during the Term of this Lease be charged, levied, laid, assessed, imposed, become due and payable or liens upon, or for, or with respect to, the Premises or any part thereof, the buildings and improvements appurtenances or equipment owned by MSC thereon or therein or any part thereof, together with all interest and penalties thereon, under or by virtue of all present or future laws, ordinances, requirements, orders, directives, rules or regulations of the federal, state, and local governments whatsoever during the term of this Lease. 4.3 Payment. The Base Rent for years 3-15 ($10.00 per year) shall be paid on or before January 15th of each calendar year. 4.4 Additional Rent. For purposes of this Lease, all amounts payable by MSC that inure to the benefit of City pursuant to this Lease, whether or not denominated as such, (e.g. maintenance and repairs) shall constitute additional rent hereunder. Such additional rent, together with the Base Rent, shall sometimes be referred to in this Lease as "Rent." ARTICLE V – CONSTRUCTION OF IMPROVEMENTS AND TITLE 5.1 Construction of Improvements. The City shall construct, or cause to be constructed, all buildings, HVAC and similar equipment and components thereof, including, all driveways, parking areas, landscaping, sidewalks and all other areas of the Premises (the "Improvements") in accordance in accordance with plans and specifications as approved by the City in writing and in compliance with all Applicable Laws (as hereinafter defined). 5.2 Title to Improvements. Title to all Improvements situated or erected on the Premises by the City and/or MSC shall remain solely in the City. Upon the expiration or earlier termination of this Lease, all of MSC's right and interest in and to the Premises and the Improvements shall automatically and without notice vest in City and MSC shall quit possession and occupancy and surrender the Premises and all Improvements thereon to City. Notwithstanding the foregoing, title to any moveable furniture, equipment, inventory and other personal property installed by MSC (including personal property which is uniquely the property of a marine science facility) and located upon the Premises and which may be removed without damage to the Improvements and without impairing its value shall remain in MSC provided that MSC removes the same within a reasonable period of time, not to 316 Page 5 exceed thirty (30) days following the expiration or termination of this Lease. Subject to the foregoing sentence, all fixtures attached to the Improvements are to remain and become the possession of the City. ARTICLE VI - USE OF PREMISES 6.1 MSC's Permitted Use. MSC shall use the Premises only for MSC's Permitted Use as set forth in Section 1.8 above and shall not use or permit the Premises to be used for any other purpose without the prior written consent of City. MSC shall, at its sole cost and expense, obtain all governmental licenses and permits required to allow MSC to conduct MSC's Permitted Uses. City disclaims any warranty that the Premises are suitable for MSC's use and MSC acknowledges that it has had a full opportunity to make its own determination in this regard. 6.2 Compliance With Laws and Other Requirements. (A) MSC shall cause the Premises to comply with all laws, ordinances, regulations and directives of any governmental authority having jurisdiction, including without limitation, any certificate of occupancy and any law, ordinance, regulation, covenant, condition or restriction affecting the Premises which in the future may become applicable to the Premises (collectively "Applicable Laws"). (B) MSC shall not use the Premises or permit the Premises to be used in any manner which violates any Applicable Law. 6.3 Hazardous Materials. (A) From and after the date of this Lease, MSC shall not cause or permit any "Hazardous Materials" (as defined herein) to be "handled" (as defined herein) upon, about, above or beneath the Premises or any portion of the Improvements by or on behalf of a Responsible Party (as defined herein), except in compliance with Environmental Laws (as defined herein) and this Lease. Notwithstanding the foregoing, normal quantities of those Hazardous Materials customarily used in maintenance, including cleaning, may be handled at the Premises. Hazardous Materials shall be handled at all times in compliance with all applicable Environmental Laws. (B) Notwithstanding the obligation of MSC to indemnify City pursuant to this Lease, MSC shall, at its sole cost and expense, promptly take all actions required by any federal, state or local governmental agency or political subdivision, which requirement arises from the MSC’s handling of Hazardous Materials upon, about, above or beneath the Premises. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. MSC shall take all actions necessary to satisfy any remediation requirements under applicable Environmental Laws, shall provide reasonably detailed notice to City of any such actions (prior to the action being taken unless prior notice is not reasonably possible) and, if reasonably possible, provide City with a reasonable opportunity to comment upon such proposed actions prior to their being undertaken (provided that in no event shall prior notice to City or City’s approval be required before any such action may be taken in any event). (C) "Environmental Laws" means and includes all now and hereafter existing statutes, laws, ordinances, codes, regulations, rules, rulings, orders, decrees, directives, policies and requirements by any federal, state or local governmental authority regulating, relating to or imposing liability or standards of conduct concerning hazardous materials or the environment, including, without limitation, the following: The Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. §9601, et seq.) (together with the regulations promulgated 317 Page 6 thereunder, "CERCLA") the Resource Conservation and Recovery Act, as amended (42 U.S.C. §6901, et seq.) (together with the regulations promulgated thereunder, "RCRA"), the Federal Water Pollution Control Act, as amended (22 U.S.C. §1251, et seq.) (together with the regulations promulgated thereunder, "CWA"), the Clean Air Act, as amended (42 U.S.C. §7401, et seq.) the Hazardous Materials Transportation Act, as amended (49 U.S.C. §1801, et seq.) (together with the regulations promulgated thereunder, "HMTA"), the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. §136, et seq.) (together with the regulations promulgated thereunder, "IRFA"), the Safe Drinking Water Act, as amended (42 U.S.C. §300f, et seq.) (together with the regulations promulgated thereunder, "SDWA"), the Toxic Substances Control Act, as amended (15 U.S.C. §2601, et seq.) (together with the regulations promulgated thereunder "TSCA"), the Georgia Hazardous Waste Management Act (O.C.G.A. §12-8-60, et seq.), the Georgia Water Quality Control Act (O.C.G.A. §12-5-20 et seq.), and the Georgia Air Quality Act (O.C.G.A. §12-9-1 et seq.). (D) "Hazardous Materials" means (a) any material or substance: (i) which is defined or becomes defined as a "hazardous substance," "hazardous waste," "infectious waste," "chemical mixture or substance," or "air pollutant" under Environmental Laws; (ii) containing petroleum, crude oil or any fraction thereof; (iii) containing polychlorinated biphenyls (PCB's); (iv) containing asbestos; or (v) which is radioactive; (b) any other material or substance displaying toxic, reactive, ignitable, or corrosive characteristics, as all such terms are used in their broadest sense, and are defined or become defined by Environmental Laws; or (c) materials which cause a nuisance upon or waste to the Premises or any portion of the Improvements. (E) "Handle," "handle," "Handled," "handled," "Handling" or "handling" shall mean any installation, handling, generation, storage, treatment, use, disposal, discharge, release, manufacture, refinement, presence, migration, emission, abatement, removal, transportation, or any other activity of any type in connection with or involving Hazardous Materials; excluding any Hazardous Materials existing on the Premises prior to the Commencement Date, and any migration of Hazardous Materials onto the Premises from a source not at the Premises. (F) "Responsible Party" shall mean MSC, its subtenants and its assignees, any occupants of all or any portion of the Premises, and their respective contractors, clients, officers, directors, employees, agents, customers, suppliers, guests and invitees, or any of them as the case may be during the Term of this Lease. (G) MSC shall expressly not be responsible for, and to the extent allowable by law, shall be entitled to seek contribution or other appropriate relief from the City with respect to any liability and City to the extent allowable by law shall indemnify MSC for claims relating to: (i) a violation of Environmental Laws or the presence of Hazardous Materials on, in or under all or any portion of the Leased Premises to the extent attributable to an act or omission of the City; or (ii) any Hazardous Materials on, in or under all or any portion of any parcels of land owned by City that are adjacent to the Leased Premises (the term "adjacent" as used herein being deemed to mean parcels of land sharing a common boundary line with the Leased Premises), unless the presence of Hazardous Materials was caused or contributed to by MSC or a Responsible Party (collectively “Claims”). City agrees that it shall not object to or resist being joined as a named party as to the adjudication of such Claims; however, nothing herein precludes City from asserting any defense to the Claims, including the defense of sovereign immunity, or asserting any counterclaim that City may have or from seeking indemnification or contribution from third parties. Commented [A1]: Ask Dana about subsection G 318 Page 7 ARTICLE VII - UTILITIES AND SERVICES 7.1 Services. The City shall have no obligation to provide utility services or connections into the Premises and MSC, at its sole expense, shall arrange with the appropriate utility company or governmental entity to install all connections and shall, without fail, maintain in continuous operation during the entire Term of the Lease all such utility services. The City reserves the right during the Term of this Lease to grant easements for public utility purposes on, over or below the Premises without any abatement in rent, and without the same being deemed an event of default of City hereunder, provided that said easements do not unreasonably interfere with the normal operation of the Premises by MSC or damage any Improvements. City shall not be required to pay for any service or supplies in connection with the Premises. ARTICLE VIII - MAINTENANCE AND REPAIRS 8.1 MSC's Obligations. (A) Structural Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period of ten years after completion of construction of a specific portion of the Improvements (or completion of a phase of construction) maintain in good repair and condition (including all necessary replacements), including, but not limited to the roof, outer walls and foundations of all Buildings, all interior walls both weight bearing and not weight bearing, floors and coverings, all glass elements and doors located in and about said specific portion or phase. MSC shall take good care of the Premises and Improvements and suffer no waste. (B) Mechanical, Drainage and System Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period of five years after completion of construction of a specific portion of the Improvements (or completion of a phase of construction) maintain in good repair and condition (including all necessary replacements) the drainage facilities and fire safety sprinkler systems, heating, ventilation and air conditioning systems located in and about said specific portion or phase and/or servicing said portion or phase. (C) Maintenance. At all times in connection with its operation of the facility, the MSC shall provide maintenance consistent with the maintenance manual delivered or to be delivered by the final product or components with the contractor responsible for construction of the building and/or the contractor responsible for the manufacture, design and construction of the component parts of the facility and/or building and all improvements thereon, including the furnishings, recreational items and exhibits, and shall specifically wash not less frequently than the manufacturer’s maintenance recommendations, and in no event no less than bi-weekly, the exterior components of the building, including the exterior rails of power coat and store front or window framings so as to protect from the elements to the fullest extent possible. (D) Storm Damage Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period of ten years after completion of construction of a specific portion of the Improvements (or completion of a phase of construction) shall repair all storm damage to the Premises and Improvements not covered by insurance and shall be responsible for any cost of repair of storm damage not covered by insurance or subject to the insurance deductible. (E) Vandalism and Negligent Act Repairs. MSC shall, throughout the Lease Term at its own cost and expense, repair or replace any damage or injury to all or any part of the Premises and Improvements thereon caused by vandalism or the negligent acts or omissions of MSC, its employees and agents, except to the extent that said cost and expense shall be covered by insurance. 319 Page 8 As used in this Section 8.1 & Section 8.2 the term “date of completion of construction” for any portion or phase shall be the date the certificate of occupancy is issued for said portion or phase. 8.2 City’s Obligations. The City shall have the obligation: to make the Structural Repairs described in Section 8.1(A) for a specific portion or phase upon the tenth anniversary of the date of completion of construction of said portion or phase until the end of the Lease Term; to make the Mechanical, Drainage and System Repairs described in Section 8.1(B) for a specific portion or phase upon the fifth anniversary of the date of completion of construction of said portion or phase until the end of the Lease Term; and to make the Storm Damage Repairs described in Section 8.1(C) for a specific portion or phase upon the tenth anniversary of the date of completion of construction of said portion or phase until the end of the Lease Term. The City shall have no obligation to make any of the Vandalism and Negligent Act Repairs described in Section 8.1(D) throughout the Lease Term. 8.3 City's Rights. City and its contractors shall have the right, upon reasonable advance notice, at reasonable times, to enter upon the Premises to exercise any right reserved to City hereunder; provided, that MSC’s use and enjoyment of the Premises shall not be disturbed. 8.4 Liens. MSC shall pay when due all costs for work performed and materials supplied to the Premises in the course of maintenance and repair. MSC shall not suffer or permit any liens to be filed or exist against the Premises or any part thereof, by reason of work, labor, services or materials supplied or claimed to have been supplied to MSC or its agent, contractors, subcontractors and subtenants. If any such lien shall at any time be filed, MSC shall within thirty (30) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If MSC fails to pay and remove or bond such lien, claim or encumbrance within such thirty (30) days, City, at its election, may pay and satisfy the same and in such event the sums so paid by City shall be deemed to be additional rent due and payable by MSC at once without notice or demand as per Section 4.4 hereof. MSC shall otherwise observe and comply with any and all requirements under Georgia Law, and shall indemnify, defend and hold City harmless from any loss, cost, or damage incurred by City as a result of the assertion of any lien claim. NOTHING HEREIN IS DEEMED TO BE A WAIVER OF THE PROHIBITION AGAINST LIENS UPON PUBLIC PROPERTY. ARTICLE IX - IMPROVEMENTS, ADDITIONS AND ALTERATIONS, 9.1 Construction and Contracting. The City has engaged West Construction Company, GA LLC to construct the building and improvements which are the subject matter hereof subject to the agreement of the Marine Science Center to be responsible for the furniture, fixtures and exhibits. 9.2 Completed Construction. As contemplated by the parties hereto, at the time of the execution of this Lease the construction of the improvements to the Premises will be completed as far as the building itself is concerned, although there may be additions or alterations to exhibits, furnishings and interiors. 9.3 Alterations. MSC may make any additions, alterations or changes (sometimes collectively referred to herein as "Alterations") in or to the Improvements subject, however, to the following conditions: (a) No Alterations shall be made that would materially impair the structural soundness of the Improvements; Commented [A2]: Ask Dana 320 Page 9 (b) No Alterations shall be undertaken until MSC shall have procured, to the extent the same may be required from time to time, all permits and authorizations of all applicable governmental authorities. (c) Any Alterations shall be performed in good and workmanlike manner and in compliance with all applicable legal requirements and all applicable Insurance Requirements; and (d) The City must approve all substantial structural alterations prior to the commencement of work ("substantial" meaning single alterations costing in excess of $25,000 or alterations that materially affect the functional design or scope of the Improvements). 9.3 Liens. MSC shall pay when due all costs for work performed and materials supplied to the Premises whether in the course of maintenance and repair or in the making of additions, alterations or changes to the Improvements or otherwise. MSC shall not suffer or permit any liens to be filed or exist against the Premises or any part thereof, by reason of work, labor, services or materials supplied or claimed to have been supplied to MSC or its agent, contractors, subcontractors and subtenants. If any such lien shall at any time be filed, MSC shall within thirty (30) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If MSC fails to pay and remove or bond such lien, claim or encumbrance within such thirty (30) days, City, at its election, may pay and satisfy the same and in such event the sums so paid by City shall be deemed to be additional rent due and payable by MSC at once without notice or demand as per Section 4.4 hereof. MSC shall otherwise observe and comply with any and all requirements under Georgia Law, and shall indemnify, defend and hold City harmless from any loss, cost, or damage incurred by City as a result of the assertion of any lien claim. NOTHING HEREIN IS DEEMED TO BE A WAIVER OF THE PROHIBITION AGAINST LIENS UPON PUBLIC PROPERTY. 9.5 Right of Access to Dune Crossover. Attached hereto as Exhibit B is an aerial photograph of the Property. As shown on Exhibit B, immediately adjacent to the northeast corner of the Property is a dune crossover owned and maintained by the City and which provides public access to and from the beach located east of the Property. MSC shall not hinder or prevent the public’s pedestrian access or use of the dune crossover and shall permit the public to traverse the Property in order to gain pedestrian access or exit from the dune crossover. There shall be an ADA-Compliant or ADAAA-Compliant, as appropriate, public right of way for pedestrian access to and from the dune crossover, construction of which shall be completed by MSC before MSC receives its Certificate of Occupancy for the Center. Nothing in this Lease is intended to preclude or prevent emergency or rescue vehicle access to the dune crossover in emergency situations. 9.6 Parking Spaces. Seven (7) parking spaces are shown on Exhibit A on the western portion of the Property of which four spaces are designated as ADAAA-Compliant. MSC shall construct all seven spaces and at all times pertinent to this Lease, the four ADAAA-Compliant spaces will be available for use by the general public. It is intended that a separate parking agreement will be entered into between the City and MSC for the three other parking spaces to be designated for use by MSC staff during hours of operation. ARTICLE X - INDEMNIFICATION AND INSURANCE 10.1 Indemnification. MSC and MSC's permitted assignees and subtenants agree to protect, indemnify, hold harmless, and defend the City, and its elected or appointed officials, agents and employees, successors and assigns (collectively "Indemnitees") (except for any events arising out of the negligence, breach of contract, or willful acts of City, its agents or employees and except with respect to any Pre-Existing Environmental Condition as per Sections 6.3(G) and 8.2(C)) from and against: 321 Page 10 (A) any and all loss, cost, damage, liability or expense incurred (including but not limited to actual reasonable attorneys' fees and legal costs) arising out of or related to any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense due to, but not limited to, bodily injury, including death, or property damage sustained by such person or persons which arises out of, is occasioned by the use or occupancy of the Premises or any portion of the Improvements by MSC or the acts or omissions of MSC or its agents, employees, contractors, clients, invitees or subtenants relating to the Premises. Such loss or damage shall include, but not be limited to, any injury or damage to, or death of, City's employees or agents or damage to the Premises or any portion of the buildings or improvements located thereon. (B) any and all Environmental Damages which arise from (i) the Handling of any MSC Hazardous Materials, as defined in Section 6.3 or (ii) the breach of any of the provisions of this Lease. For the purpose of this Lease, "Environmental Damages" shall mean (a) all claims, judgments, damages, penalties, fines, costs, liabilities, and losses, (including, without limitation, diminution in the value of the Premises) (b) all reasonable sums paid for settlement of claims, reasonable actual attorneys' fees, consultants fees and experts fees; and (c) all costs incurred by City in connection with investigation or remediation relating to the Handling of MSC's Hazardous Materials to the extent MSC does not perform all such investigation and remediation as is required by applicable Environmental Laws. To the extent that City is strictly liable under any Environmental Laws as owner, MSC's obligation to City and the other indemnitees under the foregoing indemnification shall likewise be without regard to fault on MSC's part with respect to the violation of any Environmental Law which results in liability to the indemnitees. MSC's obligations and liabilities pursuant to this Section 10.1 shall survive the expiration or earlier termination of this Lease. (C) any and all testing or investigation as may be required by any governmental agency for the purpose of investigating the presence of MSC's Hazardous Materials that may not be in compliance with Environmental Laws. (D) notwithstanding anything to the contrary contained herein, nothing shall be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurers to either MSC or City. Nothing herein shall be construed to infer or imply that MSC is a partner, joint venturer, agent, employee, or otherwise acting by or at the direction of the City. 10.2 Insurance. (a) MSC shall maintain or shall cause to be maintained the following insurance coverages: i. Commercial General Liability Insurance (Primary and Umbrella). Commercial liability insurance or equivalent with limits of not less than $1,000,000 with respect to any injury to any one person; $1,000,000 with respect to injury or damage to property; and $3,000,000 general aggregate for bodily injury, personal injury and property damage liability. The deductible or self-insured retention shall not be greater than $10,000.00. In addition, MSC shall obtain umbrella coverage of $5,000,000. Coverage extensions shall include the following: premises and operations, subcontractors, cross liability, products and completed operations, broad form property damage, blanket contractual liability, explosion, collapse and underground coverages (XCU), personal injury and errors and omissions. The City is to be named as an additional insured. 322 Page 11 ii. Property/Casualty Insurance. The Tenant shall procure and maintain, at its sole expense, “all-risk/special form” property insurance policy providing for in an amount not less than one hundred percent (100%) of the replacement cost covering all buildings and improvements in and upon the Premises, including wind damage. The proceeds of such insurance shall be used for the repair or replacement of the property so insured. The property/casualty insurance policy shall also include a waiver of terrorism exclusion providing, “terrorism coverage has no sublimit and includes both domestic (non-certified) and foreign (certified) acts of terrorism.” The terrorism coverage should provide $5,000,000 per occurrence and in the aggregate. The deductible or self -insured retention shall not be greater than $10,000.00. iii. Personal Property Insurance. Property insurance in an amount not less than the full replacement cost of all personal property located therein (minimum $100,000.00), against direct and indirect loss or damage by fire, vandalism and malicious mischief and other casualties and risks covered under “all risk, special extended coverage endorsement” insurance. iv. Flood Insurance. Flood insurance in the maximum limit of coverage under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973. v. Insurance Endorsement. All policies shall be endorsed (a) to name the City as an additional insured and as a loss payee; and (b) to waive subrogation rights against the City. vi. Insurance Companies. All insurance shall be carried with companies that are authorized to do business in the State of Georgia and rated not less than A-VIII in Best's Insurance Guide and a Standard and Poor's claims paying ability rating of not less than AA. (b) Applicable policies must be in place on or before the completion of construction, i.e. the issuance of the certificate of substantial completion. i. MSC shall provide the City with a certificate of insurance (or, at the City’s option, copies of the applicable policies) as evidence of the limits and coverages described above, which shall be acknowledged and accepted by the City by issuing a notice of acceptance and which shall affirmatively state that: a. The coverage is written on an occurrence form; b. The City is named as an additional insured and loss payee (as applicable); and c. Subrogation is waived. ii. No such policy shall be subject to cancellation or modification without thirty (30) days prior written notice to the City. MSC shall furnish the City with a replacement certificate with respect to any insurance not less than thirty (30) days prior to the expiration of the current policy. MSC shall require its contractors to comply with this provision. Commented [A3]: Ask Dana 323 Page 12 iii. In the event that MSC’s insurance, or the insurance required by any other entity under this Lease, is scheduled to expire during the Term of this Lease, MSC or the other entity shall provide the City with copies of renewal certificates thirty (30) days prior to the expiration date of the expiring coverage. iv. The insurance contracts shall require the insurance company to notify the City in the event of a substantial change in coverage during the policy term. (c) The City may maintain any other casualty or liability insurance it deems appropriate for its benefit with the City being the sole insured and loss payee. 10.3 Claims. In the event of an insurance claim under the insurance policies contemplated by Section 10.2 hereof, MSC will notify the City within sixty (60) days following discovery of the claim by MSC. In addition, MSC will investigate and furnish the City with reports of all accidents, claims and known potential claims for damage or injury and will cooperate with its insurers and those of the City. 10.4 Restoration in the Event of Casualty. If any act or occurrence of any kind or nature shall result in damage to or loss or destruction of the Improvements, in whole or in part, the insurance proceeds, if any, made available shall promptly be used for the restoration, reconstruction, and/or repair of the Improvements as nearly as possible to its condition and character immediately prior to such casualty. If such insurance proceeds and other available funds are not sufficient so that restoration, reconstruction, or repair can be undertaken, or is otherwise determined to be not feasible, such proceeds shall be paid equitably divided between City and MSC, based on formula provided for condemnation in Section 12.2. 10.5 Waiver of Subrogation. Each party hereby waives any right of recovery against the other for injury or loss covered by insurance, to the extent of the injury or loss covered thereby. Any policy of insurance to be provided by MSC pursuant to this Article X shall contain a clause denying the insurer any right of subrogation against City. 10.6 Failure to Insure. If MSC fails to maintain any insurance which MSC is required to maintain pursuant to this Article X, the City may, but shall not be obligated to, upon notice to MSC (said notice may be delivered via facsimile, e-mail, or by hand) promptly procure such policies of insurance, in which case MSC shall reimburse City upon demand for the cost thereof, together with interest thereon at the lesser of the maximum rate permitted by law, if any, or twelve percent (12%) per annum from the date due to the date paid, as additional rent and, in addition, MSC shall be liable to City for any loss or cost resulting from such failure to maintain. MSC may not self-insure against any risks required to be covered by insurance. ARTICLE XI - DAMAGE OR DESTRUCTION 11.1 Continuation of Lease. This Lease shall not terminate, nor shall there by any abatement of Rent or any other charges to be paid by MSC hereunder, or relief from any other obligations of MSC hereunder as a result of the partial or total destruction of the Premises or the Improvements. ARTICLE XII - CONDEMNATION 12.1 Condemnation. If the entire Premises or a portion thereof shall be taken by condemnation, sale in lieu of condemnation or in any other manner for any public or quasi-public purpose (collectively "Condemnation"), as to render, in MSC’s reasonable judgment, the balance unusable by MSC, this Lease shall terminate with respect to the entire Premises or to such portion, as the case may be, on the date that title or possession to the Premises is 324 Page 13 taken by the condemning authority, whichever is earlier, but in the event that less than the entire Premises is taken by Condemnation, only after written notice from MSC with respect to MSC’s intent as to the remainder of the Premises. In the event that this Lease is not terminated as provided above, the Lease shall continue in full force and effect and unmodified as to the remainder of the Premises. Notwithstanding any provision contained herein, in the event of a partial taking the Improvements shall be rebuilt and restored subject to the determination of feasibility by the City; however, the City shall not exercise its right of eminent domain against the Premises. 12.2 Apportionment of Award. If there is a Condemnation, whether whole or partial, the City shall be entitled to receive and retain the entire portion of the award for the value of the land and the portion of the award for the Improvements shall be apportioned between City and MSC. City’s portion of the award for the structure and improvements shall be the amount of the total award multiplied by a fraction of which the numerator is the total SPLOST funds expended and the denominator being the total costs of construction. MSC’s portion of the award for the structure and improvements shall be the amount of the total award multiplied by a fraction of which the numerator is the total funds expended for construction less the total SPLOST funds and the denominator being the total costs of construction. In the event of Condemnation, City shall be the sole representative in seeking the award from the condemning authority and shall have full authority regarding settlement of the entire claim. City and MSC shall use any award from a whole taking for the construction of a new marine science center subject to the determination of feasibility by the City. ARTICLE XIII – NO LEASEHOLD MORTGAGES 13.1 No Right to Mortgage Leasehold. MSC shall have no right to mortgage its leasehold interest in the Premises to any entity whatsoever. ARTICLE XIV - ASSIGNMENT AND SUBLETTING 14.1 Restriction on Assignment. MSC shall not, without the prior written consent of City, either voluntarily or by operation of law, assign, or otherwise transfer this Lease or any interest herein, nor sublet or encumber all or any portion of the Premises. Any person to whom any Transfer is attempted without such consent shall have no claim, right or remedy whatsoever hereunder against City, and City shall have no duty to recognize any person claiming under or through the same. Any assignment, subletting or other action in violation of the foregoing shall be void and, at City's option, shall constitute a material breach of this Lease. Nothing herein is intended to prevent or preclude MSC from allowing third parties to use a portion or all of the Premises for properly permitted special events and said use shall not constitute a transfer of an interest in this Lease or a “sublet” or “subletting” of the Premises under this Article XIV. 14.2 Prohibited Transfers. MSC agrees that it will not, (1) assign this Lease or any of its rights under this Lease as to all or any portion of the Premises and Improvements, or (2) make or permit any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer of any or all of the Premises or Improvements or the occupancy or use thereof, without first obtaining the City's express written consent thereto. 14.3 City's Consent; Standards. The City shall be free to withhold its consent to any assignment or sublease of all of the Premises and Improvements in the City's sole and absolute discretion. 325 Page 14 14.4 Non-Waiver. The consent by City to any assignment or subletting shall not relieve MSC or any person claiming through or by MSC, of the obligation to obtain the consent of City, pursuant to this Article XIV, to any further assignment or subletting. ARTICLE XV - DEFAULT AND REMEDIES 15.1 Events of Default By MSC. An Event of Default shall, at City’s option, be deemed to have occurred hereunder following the expiration of all applicable notice and cure periods, if: (A) The failure by MSC to pay Base Rent or make any other payment required to be made by MSC hereunder as and when due and the continuation of such failure for Thirty (30) days following written notice from City. (B) A third violation of Section 1.8 by conducting events not within the described Permitted Uses without permission of the City Council. (C) The making by MSC of an assignment of this Lease or any sublease of all or part of the Premises except as expressly permitted under Article XIV of this Lease. (D) A notice of intent to cancel insurance coverage by an insurer that is not cured within fifteen (15) days of written notice from City (provided that MSC shall have up to thirty (30) days if the insurance shall remain in effect for such thirty (30) day period). (E) The cancellation, lapse or failure to obtain the insurance coverage required in Section 10.2, if not cured within five (5) days of written notice from City. (F) The making by MSC of any general assignment for the benefit of creditors or the filing by or against MSC of a petition under any federal or state bankruptcy or insolvency laws (unless in the case of a petition filed against MSC the same is dismissed within sixty (60) days after filing) the appointment of a trustee or receiver to take possession of substantially all of MSC's assets at the Premises or MSC's interest in this Lease or the Premises when possession is not restored within sixty (60) days; or the attachment, execution or other seizure of substantially all of such assets located at the Premises or MSC's interest in this Lease or the Premises if such seizure is not discharged within sixty (60) days. 15.2 City's Right To Terminate Upon MSC Default. Upon any Event of Default by MSC (after applicable notice and cure periods, as provided in Section 15.1 above), the City shall have the right without further notice or demand to MSC except as provided in Section 15.1 (MSC hereby irrevocably waiving all notices and demands except as provided in Section 15.1), statutory or otherwise, to terminate this Lease and MSC's right to possession of the Premises without terminating MSC's liabilities under this Lease. 15.3 City's Additional Remedies. Upon any Event of Default of this Lease by MSC, whether or not City elects to terminate this Lease as provided in Section 15.2 above, the City may at any time enforce all of its rights and remedies under this Lease, at law or in equity. 15.4 Right of City to Perform. All covenants and agreements to be performed by MSC under this Lease shall be performed by MSC at MSC's sole cost and expense. If MSC shall fail to pay any sum of money, other than Rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, City, upon advance written notice to MSC and reasonable opportunity to cure may, but shall not be obligated to, 326 Page 15 make any payment on MSC's behalf without waiving or releasing MSC of its obligations under this Lease. Any sums so paid by City and all necessary incidental out-of-pocket costs, together with interest thereon at the lesser of the maximum rate permitted by law if any or twelve percent (12%) per annum, from the date of such payment shall be payable to City as additional rent on demand and City shall have the same rights and remedies in the event of nonpayment as in the case of an Event of Default by MSC in the payment of Rent. 15.5 Non-Waiver. Nothing in this article shall be deemed to affect City's rights to indemnification for liability or liabilities arising prior to termination of this Lease for personal injury or property damages under the indemnification clause or clauses contained in this Lease. No acceptance by City of a lesser sum than the Rent then due shall be deemed to be other than on account of the earliest installment of such Rent due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and City may accept such check or payment without prejudice to City's right to recover the balance of such installment or pursue any other remedy in the Lease provided. 15.6 Cumulative Remedies. The specific remedies to which City may resort under the terms of the Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which it may be lawfully entitled in case of any breach or threatened breach by MSC of any provisions of the Lease. In addition to the other remedies provided in the Lease, including the right to terminate MSC's right of possession of the Premises and City shall be entitled to a restraint by injunction of the violation or attempted or threatened violation of any of the covenants, conditions or provisions of the Lease or to a decree compelling specific performance of any such covenants, conditions or Provisions. 15.7 Default by City. City's failure to perform or observe any of its obligations under this Lease shall constitute a default by City under this Lease only if such failure shall continue for a period of sixty (60) days (or the additional time, if any, that is reasonably necessary promptly and diligently to cure the failure) after City receives written notice from MSC specifying the default. The notice shall give in reasonable detail the nature and extent of the failure and shall identify the Lease provision(s) containing the obligation(s). If City shall default in the performance of any of its obligations under this Lease (after notice and opportunity to cure as provided herein), MSC may pursue any remedies available to it under the law and this Lease. 15.8 Force Majeure. No default in the performance of the terms, covenants or conditions of this Lease on the part of MSC or the City (other than in the payment of any Rent) shall be deemed to continue if and so long as the City or MSC, as the case may be, shall be delayed in or prevented from remedying the same due to Force Majeure; but if and when the occurrence or condition which delayed or prevented the remedying of such default shall cease or be removed, it shall be the obligation of the City or MSC, as the case may be, without further delay, to commence the correction of such default or to continue and complete the correction thereof. ARTICLE XVI - ATTORNEYS FEES; COSTS OF SUIT 16.1 Attorneys' Fees. If either City or MSC shall commence any action or other proceeding against the other arising out of, or relating to, this Lease or the Premises, the prevailing party shall be entitled to recover from the losing party, in addition to any other relief, its reasonable attorneys’ fees. In addition, MSC shall reimburse City, upon demand, for all reasonable attorneys' fees incurred in collecting Rent or otherwise seeking enforcement against MSC, its sublessees and assigns, of MSC's obligations under this Lease. 327 Page 16 ARTICLE XVII - QUIET ENJOYMENT 17.1 Provided that MSC performs all of its obligations hereunder, MSC shall have and peaceably enjoy the Premises during the Lease Term, subject to all of the terms and conditions contained in this Lease. ARTICLE XVIII- HOLDOVER TENANCY 18.1 Holdover Tenancy. If MSC holds possession of the Premises after the expiration or termination of the Lease Term, by lapse of time or otherwise, MSC shall become a tenant at sufferance upon all of the terms contained herein except as to Lease Term. Without limiting the foregoing, MSC hereby agrees to indemnify, defend and hold harmless the City, and its agents contractors and employees, from and against any and all claims, liabilities, actions, losses, damages (including without limitation, direct, indirect, incidental and consequential) and expenses (including, without limitation court costs and reasonable attorneys' fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession, which obligations shall survive the expiration or termination of the Lease Term. ARTICLE XIX - NOTICES 19.1 Notices. All notices, demands and requests which are required to be given by the City or MSC shall be in writing and shall be served in one of the following ways: (i) by personal service on the recipient; (ii) by mailing the same by registered or certified mail, postage prepaid; (iii) by overnight courier, addressed to the City at the address for City set forth in Section 1.5 above and to MSC at the address for MSC set forth in Section 1.7 above, unless a request for a change in this address has been sent to the party giving the notice by registered or certified mail or by overnight courier prior to the time when such notice is given; or (iv) by email with an additional copy of the notice, demand or request also be given by the method described in Section 19.1(i), (ii), or (iii) herein. Any notice, including under Article XIII, shall be deemed to have been given and served when actually received or receipt is refused as evidenced by written verification. ARTICLE XX - MISCELLANEOUS 20.1 Amendments. This Lease may be amended by mutual agreement of the City and MSC, provided that all amendments must be in writing and signed by both parties. 20.2 Successors. Except as expressly provided herein, this Lease and the obligations of City and MSC contained herein shall bind and benefit the successors and assigns of the parties hereto. 20.3 Memorandum of Lease. The City and MSC shall upon request of the other execute a recordable Memorandum of Lease. 20.4 Governing Law. This Lease shall be governed by, and construed in accordance with, the laws of the State of Georgia. 20.5 Severability. In the event any provision of this Lease is found to be unenforceable the remainder of this Lease shall not be affected, and any provision found to be invalid shall be enforceable to the extent permitted by law. The parties agree that in the event two different interpretations may be given to any provision hereunder, one of which will render the provision unenforceable, and one of which will render the provision enforceable, the interpretation rendering the provision enforceable shall be adopted. 328 Page 17 20.6 Captions. All captions, headings, titles, numerical references and computer highlighting are for convenience only and shall have no effect on the interpretation of this Lease. 20.7 Interpretation. MSC acknowledges that it has read and reviewed this Lease and that it has had the opportunity to confer with counsel in the negotiation of this Lease. Accordingly, this Lease shall be construed neither for nor against City or MSC but shall be given a fair and reasonable interpretation in accordance with the meaning of its terms and the intent of the parties. 20.8 Time is of the Essence. Time is of the essence of this Lease and the performance of all obligations hereunder. 20.9 Merger. The Parties agree that the terms stated herein are the only consideration for each to sign the Lease, and no other promise of any kind has been made by any person or entity to cause either to sign. This Lease replaces any and all prior leases, agreements, or understandings between the parties as concerns the Lease of the Premises. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date first above written. CITY: Sworn to and subscribed before me CITY OF TYBEE ISLAND, GEORGIA this day of , 2019. By: Witness _____________________, Mayor Attest: Janet LeViner, City Clerk Notary Public APPROVED AS TO FORM: Edward M. Hughes, City Attorney [SIGNATURES CONTINUED] 329 MSC: Sworn to and subscribed before me TYBEE ISLAND MARINE SCIENCE this day of , 2019. FOUNDATION, INC., a Georgia Non-Profit Corporation By: ____________________________________ Witness _________________ President Attest: Notary Public __________________, Secretary SEAL 330 EXHIBIT "A" LEGAL DESCRIPTION OF PREMISES SAID LOT BEING SHOWN AS LOT 2367 ON THAT RECOMBINATION PLAT OF PORTIONS LOTS 6 & 7, BLOCK 8, A PORTION OF LOT 2 & ALL OF LOT 3, BLOCK 9 AND PORTIONS OF WRENWOOD AVENUE & THE FOMRER UNITED STATES COAST GUARD PROPERTY, FORT SCREVEN WARD, TYBEE ISLAND, CHATHAM COUNTY, GEORGIA, PREPARED BY BERT BARRETT, JR., GRLS NO. 2225, BERT BARRETT, JR. LAND SURVEYING, P.C., DATED JANUARY 22, 2014 AND RECORDED IN SUBDIVISION MAP BOOK ____- , PAGE _____, OF THE RECORDS OF THE CLERK OF THE SUPERIOR COURT OF CHATHAM COUNTY. And PARCEL 2B / LIMEWOOD DRIVE 572-572-22849-lease 331 332 After recording return to: Edward M. Hughes, Esq. Ellis, Painter, Ratterree & Adams P.O. Box 9946 Savannah, GA 31412 STATE OF GEORGIA ) QUITCLAIM DEED ) COUNTY OF CHATHAM ) THIS INDENTURE, made this ____ day of _______________, 2019, between DAVID MAKEL and MARTHA MAKEL of the County of Chatham, and State of Georgia, as parties of the first part, hereinafter called Grantors, and LIMEWOOD DRIVE, LLC, of the County of Chatham and State of Georgia, as party of the second part, hereinafter called Grantee (the words "Grantors" and "Grantee" to include their respective heirs, successors and assigns where the context requires or permits). WITNESSETH that: Grantors, for and in consideration of the sum of one dollar ($1.00) and other valuable consideration in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, by these presents do hereby remise, convey and forever QUITCLAIM all of their interest in and to the property identified as Parcel 2B on Exhibit A hereto which is expressly incorporated herein. Grantee acknowledges that the parcel described as Parcel 2B on Exhibit A is not a buildable lot and lacks open access thereto. Grantee further acknowledges that the parcel described as Parcel 2B on Exhibit A hereto is not of adequate size so as to be a proper lot for the zoning applicable to the area where the property is located. 333 TO HAVE AND TO HOLD the said described premises to Grantee, so that neither Grantors nor any person or persons claiming under Grantors shall at any time, by any means or ways, have, claim or demand any right or title to said premises or appurtenances, or any rights thereof. Grantor and Grantee agree, notwithstanding any other provision hereof, that in the event the property described as Parcel 2B on Exhibit A shall at any time in the future, including any renewals of this restriction necessary as a result of the lapse of time, ceases to be held, leased to and/or for the Marine Science Center Foundation, Inc. (“MSC”) for the benefit of the MSC, such property shall immediately revert to and vest in Grantors and Grantee shall, within ten (10) days after Grantors’ written request, execute and deliver to Grantors a quitclaim deed in recordable form of all of such property. IN WITNESS WHEREOF, Grantors have executed this Quitclaim Deed in favor of Limewood Drive, LLC on and as of the date first above written. Signed, sealed and delivered in the presence of: _____________________________ _____________________________________ Witness DAVID MAKEL _____________________________ Notary Public _____________________________ _____________________________________ Witness MARTHA MAKEL _____________________________ Notary Public 334 335 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AGREEMENT THIS AGREEMENT (“Agreement”) made and entered into this ____ day of _______________, 2019 by and among the CITY OF TYBEE ISLAND, GEORGIA (hereinafter the "City") and LIMEWOOD DRIVE, LLC, a Georgia limited liability company (hereinafter “Limewood”), and the Tybee Island Marine Science Center Foundation, Inc. (hereinafter “MSC”). WHEREAS, Limewood owns real property within the City of Tybee Island and more particularly described on Exhibit “A” attached hereto and incorporated herein (the “Property”), which Property abuts the Tybee Island Marine Science Center facility (hereinafter “MSC”) which is under construction as of the date of this Agreement; and WHEREAS, Limewood has agreed to permit the City to lease the Property exclusively for use by MSC for purposes of outdoor display of exhibits and/or recreational items; and WHEREAS, contemporaneously with the execution of this Agreement, the City is granting MSC a lease (hereinafter the “MSC Lease”) of separate real property, adjacent to the Property, owned by the City, and occupied by the newly constructed MSC building (hereinafter the “MSC Property”); and WHEREAS, it is the intention hereof that the Property will be leased by Limewood to the City exclusively for the exclusive use and benefit of MSC in connection with the MSC Lease. NOW, THEREFORE, in consideration of the mutual promises and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Use of Property; Termination. Limewood, the City, and MSC agree that the Property may be used exclusively by MSC for creating and displaying outdoor exhibit displays and/or recreational items and for no other purpose whatsoever, unless the City first obtains the prior written consent of Limewood, which consent may be granted or withheld in the sole and absolute discretion of Limewood. MSC agrees to obtain and maintain all permits and approvals required for its use, and otherwise to operate in compliance with all applicable laws. Notwithstanding anything stated in this 336 Agreement to the contrary, in the event that the MSC Lease expires or is terminated for any reason or in the event that MSC fails to occupy the MSC Property, this Agreement shall automatically terminate contemporaneously therewith unless Limewood agrees otherwise in writing. 2. Improvement of Property. Limewood hereby authorizes the City or MSC to construct and locate on the Property such recreational and outdoor displays as consistent with the purposes of the MSC and the financing through bonds of the Chatham County Recreational Authority and the MSC’s agreement with the City of Tybee Island; provided, however, that (i) all such recreational and/or outdoor displays shall not be permanently affixed to the Property without the prior written consent of Limewood, which may be granted or withheld in Limewood’s sole and absolute discretion (ii) upon the expiration or termination of this Agreement, MSC will cause such recreational and/or outdoor displays to be removed at its expense and shall repair any damage to the Property caused thereby, (iii) neither the City nor MSC shall cause or permit any liens to be placed on the Property, and (iv) during the term of this Agreement MSC, at its sole cost and expense, shall maintain and repair such recreational and outdoor displays. 3. Independent Relationship. The relationship between the City, MSC, and Limewood shall be that of independent/individual/entities and neither Limewood nor MSC nor any agent or employee of either shall be considered or deemed an employee, representative or agent of the City for any purpose whatsoever and neither shall the City, its employees, agents, officers or elected officials be considered to be agents, employees or representatives of Limewood or MSC for any purpose whatsoever. Neither Limewood nor MSC nor its membership, volunteers or employees are entitled to receive from the City any insurance coverage, workers compensation benefits, pensions, profit sharing, paid vacation, sick leave, disability or other benefits which might normally be provided by the City to its officers and employees. 337 4. Grant of Leasehold. Limewood hereby rents and leases the Property unto the City for the exclusive use of MSC for an annual rental fee payable on the first day of this Agreement, and for every year hereinafter, in the amount of Ten Dollars ($10.00) for each year, payable on or before the first (1st) day of each year, representing good and adequate consideration for the mutual covenants and agreements contained herein delivered by each of the parties here to the other, the receipt and sufficiency of which are hereby acknowledged. Notwithstanding anything stated herein to the contrary, in the event that the City fails to pay when due rent as required hereunder, Limewood may terminate this Agreement upon written notice to the City and MSC. 5. Assignment and Subleasing. The City may not assign or sublease any portion of the property described herein nor sign any of its rights or interests in any of the property or this agreement without the prior written consent of Limewood, which consent may be granted or withheld in the sole discretion of Limewood except, however, Limewood expressly consents to the MSC Lease in the form attached hereto as Exhibit “B”. 6. Utilities and Taxes. MSC shall pay promptly when due all Real Property Taxes relating to the premises; provided however Limewood shall provide MSC with a copy of all notices with respect to payment of Real Property (whether by tax rate or valuation increases) promptly after receipt of such notice or alternatively may direct such notices to be sent to MSC directly. Limewood authorizes MSC to contest Real Property Taxes and agrees, upon request of MSC, to execute appropriate authorization documents to allow MSC to contest Real Property Taxes. MSC shall also pay all utilities used or consumed in connection with the Property, and/or MSC, directly to the respective utility providers as and when the same become due and payable. In the event that MSC fails to pay when due any taxes or utilities required hereunder, Limewood may provide notice of default under paragraph 10 hereof. 7. Indemnification. The MSC shall indemnify, protect, save and hold harmless Limewood from and against any and all claims, demands, judgments, set-offs, losses, damages, liabilities, awards, fines, and expenses including, without limitation, the concurrent negligence of MSC, its successors in title, and assigns, the contributory 338 negligence of any party indemnified herein and any third party and any attorney's fees, expenses, or other costs associated with or incurred, based on or in any manner relating to the subject matter of this agreement, the MSC Lease attached as Exhibit “B”, or the use of any Property hereunder, including, but not limited to, injury to person or property, actual damages, consequential damages, punitive damages, losses, set-offs, warranty claims, products liability claims, conversion claims, nuisance claims; provided, however, that nothing contained in this provision shall be interpreted to indemnify or hold harmless any indemnified party against liability for damages arising out of bodily injury to person or damage to property caused by or resulting from the gross negligence or willful misconduct of such indemnified party. Without limiting the foregoing indemnity, the MSC shall indemnify Limewood for all defense costs, including reasonable attorney's fees, judgments, and amounts paid in settlement. 8. Insurance by City. The City agrees that it will, at all times maintain membership for coverage purposes in the Georgia Interlocal Risk Management Program or a similar program or secure insurance coverage for its property and liability purposes. 9. Insurance by MSC. MSC agrees that it shall at all times during the term hereof, at its own expense, and in the name of and for the protection of itself, Limewood, and the City, keep policies of insurance as follows: (a) All equipment and temporary or permanent improvements located on the premises shall be fully insured against loss by fire, lightning, windstorm, flood and other casualties; (b) Public liability insurance from an insurance company licensed to do business in Georgia and acceptable to Limewood and the City indemnifying the parties described above against loss or damage occasioned by any incident or casualty occurring in, upon or about the Property or the sidewalks, alleys or other property adjacent thereto or for any incident or casualty occurring or arising from or by reason of or in connection with activities conducted by MSC and/or the City under this Agreement or otherwise on or in connection with the Property. Such policy or policies shall provide at least the following limits of coverage: $1,000,000.00 with respect to any injury to any one 339 person; $3,000,000.00 with respect to injury resulting from any one occurrence giving rise to liability; $1,000,000.00 with respect to any injury or damage to property. (c) All insurance policies required pursuant to this agreement shall contain an express waiver of any rights of subrogation by the insurer against the City and Limewood. (d) Prior to or upon execution of this Lease, MSC shall provide Limewood and the City with a certificate of insurance naming Limewood and the City as additional insured parties and providing that such insurance may not be modified or cancelled without at least thirty (30) days prior notice to Limewood and the City. 10. Default. In the event that the City or MSC fails to comply with any obligation hereunder, within thirty (30) days after receipt of written notice from Limewood, Limewood may terminate this Agreement upon written notice to the City and MSC. 11. Term. The parties contemplate that the term of this agreement will be for a period of fifteen (15) years, unless terminated as provided herein or otherwise modified or extended by written agreement signed by all parties consistently with the provisions of Section 3.2 Renewal Term of Exhibit B hereto, the City and/or MSC shall have the right to extend the term of this Agreement for three (3) additional periods of five (5) years each (each five (5) year term hereinafter called a “Renewal Term” and collectively called “The Renewal Terms”) by delivering written notice for such renewal to the City at least ninety (90) days, but not more than three hundred sixty (360) days, before the Initial Term or the applicable Renewal Term expires. If MSC exercises the foregoing rights to extend the term of this Lease for one or more Renewal Terms, all terms and provisions of this Lease (other than the Renewal Term) shall remain in full force and effect, except that the Expiration Date shall be the last day of the last month of the fifth (5th) year after the expiration of the initial Term or the previous Renewal Term, as applicable. In the event there exists an Event of Default at the time of renewal, at the option of the City and/or Limewood Drive, LLC, the foregoing right or ability of MSC to extend the term shall be terminated and non-exercisable by MSC. Commented [CE1]: Commented [CE2R1]: Commented [CE3R1]: Commented [CE4R1]: Commented [CE5R1]: 340 12. Notice. Notices hereunder, when directed to the City, shall be addressed as follows: City Manager City of Tybee Island P.O. Box 2749 403 Butler Avenue Tybee Island, GA 31328-2749 and when directed to the Marine Science Center, shall be addressed as follows: Tybee Island Marine Science Center Attn: Director P.O. Box 1879 1510 Strand Avenue Tybee Island, GA 31328 and when directed to Limewood, shall be addressed as follows: Limewood Drive, LLC Attn: Martha Makel P.O. Box 2402 Tybee Island, GA 31328 In addition to and notwithstanding anything stated herein to the contrary, the City and MSC each agree to provide Limewood with a copy of any notice sent or received under the MSC Lease. 13. Entire Agreement. This Agreement contained herein shall represent the entire agreement made between the parties and it is understood and agreed that no subsequent alteration, amendment, change, addition, or modification to this Agreement shall be binding upon the City or Limewood unless reduced to writing by them and by direct reference made thereby and made a part hereof. IN WITNESS WHEREOF, the City, MSC, and Limewood have hereunto set their hands and seals, and have caused this Agreement to be executed, all on the day and year first written above. CITY OF TYBEE ISLAND, GEORGIA Sworn to and subscribed before me this ___ day of ____________, 2019. By: ______________________________________ 341 Jason Buelterman, Mayor ____________________________ Attest: ____________________________________ Witness Janet LeViner, City Clerk ____________________________ Notary Public APPROVED AS TO FORM: _______________________________ Edward M. Hughes, City Attorney [remaining signatures appear on following page] TYBEE ISLAND MARINE SCIENCE CENTER FOUNDATION, INC. Sworn to and subscribed before me this ___ day of ____________, 2019. By: ______________________________________ _____________, President ____________________________ Attest: ____________________________________ Witness _____________, Secretary ____________________________ Notary Public LIMEWOOD DRIVE OWNER, LLC Sworn to and subscribed before me, 342 this ____ day of __________, 2019. _____________________________ ___________________________________ Witness By: Martha Makel Its: Manager _____________________________ Notary Public EXHIBIT “A” Property 343 EXHIBIT “B” Lease 344 1 [DRAFT 11-19-19] AGREEMENT BETWEEN CITY OF TYBEE ISLAND AND THE TYBEE ISLAND MARINE SCIENCE CENTER FOUNDATION, INC. WHEREAS, the City of Tybee Island (hereinafter “City”) is a municipal corporation existing under the laws of the state of Georgia and is governed by the Mayor and Council thereof; and WHEREAS, the Marine Science Foundation, Inc. is a Georgia non-profit corporation doing business as the Tybee Island Marine Science Center (hereinafter “MSC”); and WHEREAS, the City has previously leased property owned by the City to the MSC in order for a building to be constructed to be the new facility of the Marine Science Center; and WHEREAS, the City has contracted with West Construction GA, LLC (hereinafter “West”) under a guaranteed maximum price agreement for the construction of the building and facility of the MSC in the North Beach parking lot of the City of Tybee Island; and WHEREAS, during the construction of the new facility the MSC has engaged in fundraising and will continue to engage in fundraising to add additional amenities and items to the building construction and/or the facility; and WHEREAS, West has made improvements beyond the work items included in the construction of the facility under its contract with the City at the request of the MSC with the knowledge and/or approval of the City; and WHEREAS, the City and the MSC desire to document their understanding of the obligation regarding the MSC to contribute to the cost of the “betterments” or “additions” to the obligations the City has undertaken to West; and 345 2 NOW, THEREFORE, in consideration of the obligations under the existing lease and the lease to be executed between the parties hereto and the ongoing relationship and continued work to achieve a completed exceptional facility for the MSC, the parties hereto acknowledge that to date upgrades to the facility requested by the MSC and authorized by the MSC and approved by the City at the expense of the MSC include: an upgrade of exterior glass to include glass designed to protect turtles and birds; special decking material on exterior decks on the facility; data wiring and subpanel upgrades beyond what was originally contracted for; and the insulation of interior walls for a preview facility. Those upgrades are represented by the exhibits attached hereto and represent a total amount of $________. The parties hereto acknowledge that additional upgrades or items are likely to occur prior to final completion of the building and it will be the responsibility of the MSC to select such improvements, with approval of the City, and shall pay the City for such designated improvements. The City will pay to West and such payment to the City and then to West will include an appropriate sum to compensate West for the additional work necessitated by such improvements (as “cost of work” of the project) and could increase the overall guaranteed maximum price; and WHEREAS, the parties agree to continue to work together for the construction and completion of an exceptional facility for the MSC purposes and to coordinate the installation and completion of the facility with payment as appropriate under the lease between the parties and a proper accounting thereof; and NOW, THEREFORE, the parties have hereunto set their hands and seals this ____ day of __________, 2019. [SIGNATURES CONTINUED] 346 3 MARINE SCIENCE CENTER FOUNDATION, INC. Sworn to and subscribed before me this ___ day of ____________, 2019. By: ______________________________________ ____________________________ Attest: ____________________________________ Witness ____________________________ Notary Public CITY OF TYBEE ISLAND, GEORGIA Sworn to and subscribed before me this ___ day of ____________, 2019. By: ______________________________________ Jason Buelterman, Mayor ____________________________ Attest: ____________________________________ Witness Janet LeViner, City Clerk ____________________________ Notary Public APPROVED AS TO FORM: _______________________________ Edward M. Hughes, City Attorney 347 12/11/195:00PMjrl Item Attachment Documents: 16. Host Compliance Services Agreement 348 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 1 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 Host Compliance Services Agreement THIS SERVICES AGREEMENT (the "Agreement") is entered into as of the December 15, 2019 (the "Effective Date"), between Host Compliance LLC, ("Host Compliance") and City of Tybee Island, GA, with an address at 403 Butler Avenue Tybee Island, GA 31328 (the "Customer"). This Agreement sets forth the terms and conditions under which Host Compliance agrees to license to Customer certain hosted software and provide all other services necessary for Customer's productive use of such software (the "Services") as further described in the attached Schedule 1. 1.0 Services. 1.1 Subscriptions. Subject to and conditioned on Customer's payments pursuant to Section 4.0 of this Agreement, Host Compliance hereby grants Customer a non-exclusive, non-transferable right to access and use the Services during the term of this Agreement, in accordance with the terms and conditions of this Agreement. Unless otherwise provided in the attached Schedule 1, (a) Services are purchased as subscriptions, (b) additional service subscriptions may be added during a subscription term, with the pricing for such additional services, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscription. 1.2 Provision of Services. Customer and Customer's end-users ("End Users") may access and use the Services and any other Services that may be ordered by the Customer from time to time pursuant to a valid subscription in accordance with the terms of this Agreement. 1.3 Facilities and Data Processing. Host Compliance will use, at a minimum, industry standard technical and organizational security measures to store data provided by Customer, or obtained by Customer through the use of the Services ("Customer Data"). These measures are designed to protect the integrity of Customer Data and guard against unauthorized or unlawful access. 1.4 Modifications to the Services. Host Compliance may update the Services from time to time. If Host Compliance updates the Services in a manner that materially improves functionality, Host Compliance will inform the Customer. 2.0 Customer Obligations. 2.1 Customer Administration of the Services. Host Compliance' responsibilities do not extend to internal management or administration of the Services. Customer is responsible for: (i) maintaining the confidentiality of Customer passwords and accounts; (ii) managing Customer access to Host Compliance system administrator accounts; and (iii) ensuring that such administrators' use of the Services complies with this Agreement. 2.2 Compliance. Customer is responsible for use of the Services, including use of the Services by End Users and will comply with laws, regulations, and such provisions of this Agreement that are applicable to Customer's use of the Services. 349 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 2 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 2.3 Unauthorized Use & Access. Customer will prevent unauthorized use of the Services and terminate any unauthorized use of or access to the Services. Customer will promptly notify Host Compliance of any unauthorized use of or access to the Services. 2.4 Restricted Uses. Customer will not and will ensure that its End Users do not: (i) sell, resell, or lease the Services; (ii) reverse engineer or attempt to reverse engineer the Services, nor assist anyone else to do so; or (iii) use the Services in any way that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 2.5 Third Party Requests. 2.5.1 "Third Party Request" means a request from a third party for records relating to Customer's or an End User's use of the Services including information regarding an End User. Third Party Requests may include valid search warrants, court orders, or subpoenas, or any other request for which there is written consent from End Users permitting a disclosure. 2.5.2 Customer is responsible for responding to Third Party Requests via its own access to information policies. Customer will seek to obtain information required to respond to Third Party Requests and will contact Host Compliance only if it cannot obtain such information despite diligent efforts. 2.5.3 If Host Compliance receives a Third Party Request, Host Compliance will make reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Customer of Host Compliance's receipt of a Third Party Request; (B) comply with Customer's reasonable requests regarding efforts to oppose a Third Party Request; and (C) provide Customer with information or tools required for Customer to respond to the Third Party Request (if Customer is otherwise unable to obtain the information). If Customer fails to promptly respond to any Third Party Request, then Host Compliance may, but will not be obligated to do so. 2.5.4 If Customer receives a Third Party Request for access to the Services, or descriptions, drawings, images or videos of the Services' user interface, Customer will make reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Host Compliance of Customer's receipt of such Third Party Request; (B) comply with Host Compliance's reasonable requests regarding efforts to oppose a Third Party Request; and (C) provide Host Compliance with information required for Host Compliance to respond to the Third Party Request. If Host Compliance fails to promptly respond to any Third Party Request, then Customer may, but will not be obligated to do so. 3.0 Intellectual Property Rights; Confidentiality 3.1 Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant (i) Host Compliance any intellectual Property Rights (as defined below) in the Customer Data or (ii) Customer any Intellectual Property Rights in the Services, any other products or offerings of Host Compliance, Host Compliance trademarks and brand features, or any improvements, modifications or derivative works of any of the foregoing. Notwithstanding the foregoing, while Customer Data and Services may include some Publicly Available Data (as 350 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 3 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 defined as below), neither Customer nor Host Compliance make any proprieta ry claim to Publicly Available Data. "Intellectual Property Rights" means current and future worldwide rights under patents, copyright, trade secret, trademark, moral rights and other similar rights. "Publicly Available Data" means data, material, and information collected from publicly available sources in the performance of this Agreement, but specifically excluding Services. 3.2 Suggestions. Host Compliance may, at its discretion and for any purpose, use, modify, and incorporate into its products and services, and license and sub-license, any feedback, comments, or suggestions Customer or End Users send Host Compliance or post in Host Compliance' online forums without any obligation to Customer. 3.3 Confidential Information. Customer understands and agrees that it will not reveal, publish or otherwise disclose to any person, firm or corporation, without written authorization of Host Compliance, or except as required by law, any Confidential Information of Host Compliance, including without limitation any trade secrets, confidential knowledge, data or other proprietary information relating to the Services. "Confidential Information" means all information, written or oral, relating to the business, operations, services, facilities, processes, methodology, technologies, intellectual property, research and development, customers, strategy or other confidential or proprietary materials of Host Compliance. 3.4 Consent to use Customer Data and Marks. Customer hereby irrevocably grants all such rights and permissions in or relating to Customer Data to Host Compliance: (i) to perform the Services; (ii) to enforce this Agreement and exercise Host Compliance rights hereunder; and (iii) to use for any lawful purpose. Customer hereby grants to Host Compliance a license to use, reproduce and display Customer's name and logos in connection with: (i) Host Compliance performance of its obligations hereunder; (ii) include Customer's name and logos in its lists of Host Compliance current or former customers, and (ii) with Customer's prior consent, for promotional and marketing purposes such as developing promotional press releases, case studies, and reports. 3.5 Validated Data. In the course of providing the Services, Host Compliance performs significant work validating and confirming various data sets including, without limitation, postal addresses, property owner information, and listing de-duplication ("Validated Data"). Validated Data may include data otherwise classified as Customer Data, Services, or Publicly Available Data. Notwithstanding any provision to the contrary in this Agreement, Customer is prohibited from disclosing Validated Data to a competitor of Host Compliance during the term of this Agreement and for a period of one (1) year thereafter. 4.0 Fees & Payment. 4.1 Fees. 4.1.1 Customer will pay Host Compliance for all applicable fees upfront annually, as set forth in Schedule A. 4.1.2 Customer will pay any amounts related to the Services as per payment terms detailed on the applicable invoice. Customer will not withhold payment on any invoices for any reason, 351 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 4 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 including a Customer's decision to delay implementation of the Services. Unless otherwise indicated, all dollar amounts referred to in the Agreement are in U.S. funds. 4.2 Taxes. Customer is responsible for all taxes. Host Compliance will charge tax when required to do so. If Customer is required by law to withhold any taxes, Customer must provide Host Compliance with an official tax receipt or other appropriate documentation. 4.3 Purchase Orders. If Customer requires the use of a purchase order or purchase order number, Customer (i) must provide the purchase number at the time of purchase and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement or the Services provided hereunder and are null and void. 5.0 Term & Termination. 5.1 Term. The initial term of this Agreement shall be one year commencing on the Effective Date, which shall automatically renew for a further period of one year upon each expiry of the then current term, unless either party provides written notice to the other party of its intention not to renew at least 45 days prior to the end of the then current term. That said, the time period until the earlier of (a) the 6- month anniversary of the Effective Date, or (b) the start date of Customer's systematic or mass outreach activities utilizing the data obtained through the Services (traditional mail, electronic mail, and/or telephone campaigns), or (c) termination by Host Compliance in our sole discretion, shall be considered a trial period ("Trial Period"). 5.2 Termination for Convenience. If, for any reason during the Trial Period, Customer is dissatisfied with the Services, Customer may terminate the Subscription and all funds paid under this Agreement will be refunded and future commitments waived. 5.3 Effects of Termination for Convenience. If this Agreement is terminated by Customer in accordance with Section 5.2 (Termination for Convenience): (i) the rights granted by Host Compliance to Customer will cease immediately and Customer will no longer have the right to utilize the data obtained through the use of the Services for outreach (including traditional mail, electronic mail, and/or telephone); and (ii) after a reasonable period of time, Host Compliance may delete any Customer Data relating to Customer's account. The following sections will survive expiration or termination of this Agreement: 2.5 (Third Party Requests), 3.0 (Intellectual Property Rights; Confidentiality), 4.0 (Fees & Payments), 5.2 (Termination for Convenience), 5.3 (Effects of Termination for Convenience), 6.0 (Indemnification), 7.0 (Exclusion of Warranties; Limitation of Liability), and 8.0 (Miscellaneous). 5.4 Termination for Breach: Following the Trial Period, a party may terminate this Agreement for cause upon 45 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. In addition, Host Compliance may terminate this Agreement, effective on written notice to Customer, if Customer fails to pay any amount when due hereunder, and such failure continues more than 10 days after Host Compliance's delivery of written notice hereof. 5.5 Refund or Payment upon Termination for Breach. If this Agreement is terminated by Customer in accordance with Section 5.4 (Termination for Breach), Host Compliance will refund Customer any prepaid fees covering the remainder of the term of all Subscriptions after the effective date of 352 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 5 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 termination. If this Agreement is terminated by Host Compliance in accordance with Section 5.4 (Termination for Breach), Customer will pay any unpaid fees covering the remainder of the term of the Agreement. In no event will Customer's termination after the first 6 months relieve Customer of its obligation to pay any fees payable to Host Compliance for the period prior to the effective date of termination. 5.6 Effects of Termination for Breach. If this Agreement is terminated in accordance with Section 5.4 (Termination for Breach): (i) the rights granted by Host Compliance to Customer will cease immediately (except as set forth in this section); (ii) Host Compliance may provide Customer access to its account at then-current fees so the Customer may export its Customer Data; and (iii) after a reasonable period of time, Host Compliance may delete any Customer Data relating to Customer's account. The following sections will survive expiration or termination of this Agreement: 2.5 (Third Party Requests), 3.0 (Intellectual Property Rights; Confidentiality), 4.0 (Fees & Payments), 5.5 (Refund or Payment upon Termination for Breach), 5.6 (Effects of Termination for Breach), 6.0 (Indemnification), 7.0 (Exclusion of Warranties; Limitation of Liability), and 8.0 (Miscellaneous). 6.0 Indemnification. 6.1 By Host Compliance. Host Compliance will indemnify, defend and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorney's fees) arising out of any claim by a third party against Customer to the extent based on an allegations that Host Compliance' technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, patent or trademark right of the third party. In no event will Host Compliance have any obligations or liability under this section arising from: (i) use of any Services in a modified form or in combination with materials not furnished by Host Compliance and (ii) any content, information, or data provided by Customers, End Users, or other third parties. 6.2 By Customer. Customer will indemnify, defend, and hold harmless Host Compliance from and against all liabilities, damages, and costs (including settlement costs and reasonable attorney's fees) arising out of any claim by a third party against Host Compliance regarding: (i) Customer Data; (ii) Customer's use of the Services in violation of this Agreement; or (iii) End Users' use of the Services in violation of this Agreement. 6.3 Possible Infringement. If Host Compliance believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Host Compliance may (i) obtain the right for Customer, at Host Compliance' expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement for the Services; or (iii) modify the Services so that they no longer infringe. If Host Compliance does not believe the options described in this section are reasonable then Host Compliance may suspend or terminate this Agreement and/or Customer's use of the affected Services with no further liability or obligation to the Customer other than the obligation to provide the Customer with a pro-rata refund of pre-paid fees for the affected portion of the Services. 6.4 General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party will have full control and 353 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 6 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the other party may join in the defense with its own counsel at its own expense. The indemnities above are Host Compliance' and Customer's only remedy under this Agreement for violation by the other party of a third party's Intellectual Property Rights. 7.0 EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY. 7.1 EXCLUSION OF WARRANTIES. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, HOST COMPLIANCE MAKES NO OTHER REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SERVICES. HOST COMPLIANCE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO CLIENT WITH RESPECT TO ANY THIRD PARTY SOFTWARE FORMING PART OF THE SERVICES 7.2 LIMITATION ON INDIRECT LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR HOST COMPLIANCE AND CUSTOMER'S INDEMNIFICATION OBLIGATIONS HEREUNDER, NEITHER CUSTOMER NOR HOST COMPLIANCE AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 7.3 LIMITATION ON AMOUNT OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, HOST COMPLIANCE' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO HOST COMPLIANCE HEREUNDER DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. 8.0 Miscellaneous. 8.1 Terms Modification. Host Compliance may wish to revise this Agreement from time to time. If a revision, in Host Compliance' sole discretion, is material, Host Compliance will notify Customer and possibly request that an Amendment to this Agreement be agreed upon and signed. If Customer does not agree to the revised Agreement terms, Customer may terminate the Services within 30 days of receiving notice of the change. 8.2 Entire Agreement. The Agreement including the invoice and order form provided by Host Compliance, constitutes the entire agreement between Customer and Host Compliance with respect to the subject matter of this Agreement and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: this Agreement, then the invoice, then the order form. 354 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 7 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 8.3 Governing Law. This Agreement will in all respects be governed exclusively by and construed in accordance with the laws of the State of Washington. 8.4 Severability. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect. 8.5 Waiver or Delay. Any express waiver or failure to exercise promptly any right under the Agreement will not create a continuing waiver or any expectation of non-enforcement. 8.6 Force Majeure. Except for payment obligations, neither Host Compliance nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action and Internet disturbance). 8.7 Procurement Piggybacking. Host Compliance agrees to reasonably participate in any "piggybacking" programs pertinent to local government, and Customer agrees to reasonably allow any local government to "piggyback" off of Customer's efforts leading to this Agreement. 8.8 Independent Contractor. It is specifically understood and agreed that in the making and performance of this Agreement, Host Compliance is an independent contractor and is not and shall not be construed to be an employee of Customer. 355 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 8 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 IN WITNESS WHEREOF Host Compliance and the Customer have executed this Agreement as of the Effective Date. City of Tybee Island, GA by its authorized signatory: Name: Title: Date: Billing Contact: Billing Email: Billing Direct Phone: Host Compliance LLC by its authorized signatory: Name: Ulrik Binzer Title: Chief Executive Officer Date: Account Executive: Account Executive Email: Account Executive Phone: 356 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 9 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 Schedule 1 Scope of Services: Trend Monitoring Monthly email-delivered report and live web-delivered dashboard with aggregate statistics on the short-term rental activity in City of Tybee Island, GA's juridiction:  Active monitoring of jurisdiction's short-term rental listings across 50+ STR websites  Monthly analysis of jurisdiction's STR activity scale, scope and trends URL Collection Services To facilitate the collection of Host Site URLs used by property management companies to advertise listings, this service will provide the following:  Setup of web based collection form which property managers will be directed to so as to provide the URL links to the listings for their properties under management.  Provide a draft and gather feedback on a letter to be sent to property management companies instructing them how and where to update their URL information. Mobile Enabled Web Based Registration and Tax Assessment Collection Forms The development and hosting of an electronic web-based short-term rental registration and assessment collection forms1. The capabilities of the forms include:  24/7 availability  Mobile adaptive design  The ability to validate inputs whenever possible as to minimize data-entry errors  Electronic signature capabilities  Electronic credit and debit card payment capabilities through our payment processing partner Stripe, Inc.  Ability to collect supporting documents (if required)  SSL encryption  Data available through app.hostcompliance.com  Data downloadable into csv format via app.hostcompliance.com 1 When a payment is collected, the variable customary card and ACH processing fees charged by Stripe, Inc. are passed onto paying constituents as a convenience fee in our standard configuration, nor does the system process payments of < $0.50. Please note that when ACH transactions fail, the constituent will be charged a $4 fee, and when refunding a payment, the associated fees are not returned. 357 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 10 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 Address Identification Monthly email-delivered report and live web-delivered dashboard with complete address information and screenshots of all identifiable STRs in City of Tybee Island, GA's jurisdiction:  Up-to-date list of jurisdiction's active STR listings  High resolution screenshots of all active listings (captured weekly)  Full address and contact information for all identifiable STRs in jurisdiction  All available listing and contact information for non-identifiable STRs in jurisdiction Compliance Monitoring Ongoing monitoring of the short-term rentals operating in City of Tybee Island, GA's jurisdiction for zoning and permit compliance coupled with systematic outreach to non-compliant short-term rental property owners (using City of Tybee Island, GA's form letters) ● Ongoing monitoring of STRs for zoning and permit compliance ● Pro-active and systematic outreach to unpermitted and/or illegal short-term rental operators (using jurisdiction's form letters) ● Monthly staff report on jurisdiction's zoning and permit compliance: ● Up-to-date list of STRs operating illegally or without the proper permits ● Full case history for non-compliant listings Rental Activity Monitoring and Tax Audit Support Ongoing monitoring of jurisdiction's short-term rental properties for signs of rental activity:  Automatic monitoring of review activity across 50+ STR websites  Weekly screenshots of reviews and calendars for each active listing  Quarterly staff report on jurisdiction's STR tax compliance  Up-to-date list of short-term rental landlords suspected of under-reporting taxes  Documentation of information that serves as the foundation for the suspicion of tax under-reporting  Custom reports and analysis to support tax audits and other STR related investigations  Quarterly pro-active, systematic and data-informed outreach (physical letters) to short-term rental operators regarding their tax remittance obligations (using jurisdiction's form letters) o Up to 4 letters each property per year (full color) o Letters are 2 pages each (2nd page is dedicated to full length screenshot of listing) to improve results for effective compliance  Functionality to streamline audits of most egregious violators  Online submission of platform activity reports 358 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W; last revised 01.25.19 www.hostcompliance.com 11 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115 24/7 Short-term Rental Hotline 24/7 staffed telephone and email hotline for neighbors to report non-emergency problems related to STR properties: ● Incidents can be reported by phone or email ● Full documentation of all reported incidents ● Digital recordings and written transcripts of all calls ● Ability for neighbors to include photos, video footage and sound recordings to document complaints ● Real-time outreach to owners of problem properties (whenever owner's contact info is known) ● Weekly staff reports containing: ○ The # and types of reported incidents ○ List of properties for which incidents have been reported ● Custom reports and analysis of hotline related activities Total Annual Subscription Service Price 111,355 Note: Above pricing assumes 2258 short-term rental listings in City of Tybee Island, GA's jurisdiction. 359 12/11/195:00PMjrl Item Attachment Documents: 17. RFP 2019-742: Dune Vegetation and Landscaping Project. Recommend approval of Earth Balance in the amount of $135,893.85 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 REQUEST FOR PROPOSAL RFP NO. 2019-742 DUNE VEGETATION AND LANDSCAPING PROPOSAL DUE: TUESDAY, DECEMBER 3, 2019 by 2:00pm PRE-PROPOSAL MEETING: THURSDAY, NOVEMBER 7 at 10:00am CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM MONTY PARKS WANDA DOYLE JULIE LIVINGSTON JOHN BRANIGIN DOCUMENT CHECK LIST The following documents are contained in and made a part of this RFP Package, and are required to be submitted with the Proposal. It is the responsibility of the Proposer to read, complete and sign, where indicated, and return these documents with the Proposal. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THE PROPOSER INTRODUCTION SPECIFICATIONS AND REQUIREMENTS INSTRUCTIONS TO PROPSERS GENERAL INFORMATION PROPOSAL AND PERFORMANCE BONDS ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C. SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F. DEBARMENT CERTIFICATION G. PROPOSAL FORM; H. CHECKLIST SEPARATE ATTACHMENT #1: DUNE VEGETATION PLANS & SPECIFICATIONS INTRODUCTION Date: 8-28-18 This is a request for proposals to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”) with services as indicated herein. Sealed proposals must be received by 2:00pm local time, on Tuesday, December 3, 2019. The City of Tybee Island reserves the right to reject any or all proposals. A pre-proposal meeting will be held on Thursday, November 7, at 10:00am in the City Hall 389 auditorium (403 Butler Ave, Tybee Island). Interested vendors are encouraged to attend, as they will have the opportunity to discuss specifications, visit the site, and ask questions. METHOD OF AWARD: If the City of Tybee Island awards a contract as a result of this RFP, it will be awarded to the responsible proposer deemed able to provide the best value for the City. The award will take into account price among other factors as specified in this RFP. The City reserves the right to select the proposer which best meets the City’s goals and objectives, needs, budget constraints, and quality levels, as well as its educational and service level expectations. The City reserves the right to award a contract to one or multiple vendors. Signature of proposer indicates understanding and intended compliance with the terms of this request, the requirements herein, and any subsequent award or contract. All specifications, conditions, and representations made in this request will become an integral part of the contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to reimburse the proposer, in whole or in part, for any costs associated with preparation, submission, or presentation of proposals. Instructions for preparation and submission of a proposal are contained in this RFP package. Please note that specific forms for submission of a proposal are required. The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement procedures are conducted in a manner that provides maximum open and free competition. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by the City. The City provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex, national origin or handicap. The City of Tybee Island is seeking a proposal package for service or materials equal to or exceeding specifications set forth on the attached pages. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this RFP. All responses, inquiries, or correspondence relating to, or in reference to, this RFP, and all reports, charts, displays, schedules, exhibits and other documentation by the proposers will become the property of the City when received. The City retains the right to use any or all ideas presented in any response to this RFP, whether amended or not. Selection or rejection of the proposal does not affect this right. SPECIFICATIONS AND REQUIREMENTS The City of Tybee Island is soliciting proposals from qualified vendors to landscape approximately 154,770 square feet of beach dunes. The vendor will be required to supply, deliver, and install various native salt and drought tolerant grasses, plants, and sea oats as specified in the attached Planting Plan (Attachment #1). The planting area is comprised of five specified dune sections, from the Pier at Tybrisa Street, south to the 19th Street vehicular beach access. Proposer must provide a material warranty with each proposal to insure 80% survivorship of all installed plants for a minimum of 90 days. Proposal must also include an estimated delivery and installation schedule from the Notice to Proceed date. Alternate Proposal: Installation of an irrigation system in accordance with specifications in the Attachment #1 plans. A proposer may submit an alternate irrigation plan, as long as it will maintain irrigation of plants for ninety (90) days. Toward the end of the ninety (90) days the parties will perform a walk-through to determine if any plants need replacement. Once replacement and watering has occurred for ninety (90) days, maintenance and watering will be 390 the City’s responsibility. The proposal must clearly indicate the type of irrigation system it is proposing. 1. INSTRUCTIONS TO PROPOSERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a proposal to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All RFPs are governed by the Code of the City of Tybee Island, Georgia, 15-2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia. Proposers must carefully review all provisions of, and attachments to, this document prior to submission. Each proposal constitutes an offer and cannot be withdrawn except as provided herein. This RFP and any attachments, plans, and/or other related documents can be found on the City’s website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the proposer to check the website for additional information and/or addendums. 1.1 How to Prepare Proposals: All Proposals must be: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Proposals must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Proposal. ALL SIGNATURE SPACES MUST BE SIGNED. 1.2 How to Submit Proposals: One original, and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the RFP number and title, and proposer’s company name, to the office of the address below prior to the time specified. Include your proposal, and all required attachments, which can be found at the end of this document.  Include all requested documents, including required proposal bond, in addition to a W-9 and certificate of insurance.  City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration. Contact Sharon Shaver for additional information, at 912-472-5072, or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga  Include at least three (3) references documenting your experience with similar projects. Include name of project, construction cost, location, and current reference contact information including name, phone number, and email address. In addition to the information above, submit a written and/or photographic description of how these projects relate to this RFP.  All Proposals must be hand delivered, mailed, or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and 391 date specified above. Include RFP #2019-742 Dune Vegetation on front of envelope.  Courier or hand deliver response package to: MELISSA FREEMAN TYBEE ISLAND CITY HALL 403 BUTLER AVE TYBEE ISLAND, GA. 31328  Proposals may be submitted via US Mail, but proposers choosing this method should allow at least an additional 24 hours for delivery: MELISSA FREEMAN CITY OF TYBEE ISLAND PO BOX 2749 TYBEE ISLAND, GA. 31328 FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. PROPOSALS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED. 1.3 How to Submit an Objection: Potential proposers must present any written objection to this RFP at least seven (7) days prior to the proposal due date. The objections contemplated may pertain to form and/or substance of the RFP documents. Objections must be made in writing to the Purchasing agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to RFP #2019-742. 1.4 Errors in RFP responses: Proposers are expected to fully inform themselves as to the conditions, requirements, and specifications of this RFP before submitting a proposal. Failure to do so will be at the Proposer's own risk. In case of error in extension of prices in the proposal, the unit price will govern. 1.5 Questions concerning RFP: Questions, inquiries, suggestions, or requests concerning interpretation, clarification or additional information concerning any portion of this RFP must be made by email, sent to the below named individual, who will be the official point of contact for this RFP. Questions must be submitted at least seven days before the proposal due date. All questions will be answered in the form of an addendum to this RFP and posted on the website. Mark subject line on e-mail “Questions on RFP 2019-742, Dune Vegetation.” POINT OF CONTACT: Melissa Freeman 392 mfreeman@cityoftybee.org Failure of a Proposer to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Proposer's acceptance of all of the terms, conditions and requirements set forth in this RFP. 1.6 Addendums to RFP: Any changes to the conditions or specifications in this RFP must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this RFP, it will be posted by the Purchasing Agent on the City’s website. The issuance of a written addendum by the Purchasing Agent is the only official method by which interpretation, clarification or additional information will be given. The City of Tybee Island will not be responsible for any oral representation given by any employee, representative or others. Proposer must acknowledge each addendum in the response. It is solely your responsibility as a proposer to ensure that you have received all addenda and incorporated the changes into your response before submission. Unless otherwise specified in an addendum, the due date and time remains as listed above. 2 GENERAL INFORMATION 2.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the proposer but will put the proposer on notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mentioned is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., will be construed to be the minimum requirements of these specifications. 2.2 Standards for Acceptance of Proposal for Contract Award: City of Tybee Island reserves the right to reject any or all proposals and to waive any irregularities or technicalities in proposals received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the proposal of a proposer who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal from a proposer whom investigation shows is not in a position to perform the contract. 2.3 Proposer: Whenever the term "proposer" is used it will encompass the "person," "business," "supplier," "vendor," or other party submitting a proposal to City of Tybee Island in such capacity before a contract has been entered into between such party and City of Tybee Island. 2.4 Responsible / Responsive proposer: Responsible proposer means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive proposer means a person or entity that has submitted a proposal that conforms in all material respects to the requirements set forth in the RFP. 393 2.5 Compliance with Laws: The proposer will obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island will be supplementary to this section and not in substitution thereof. 2.6 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. 2.7 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any proposer must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 2.8 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors with 100 or more employees entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. No proposals will be considered unless a signed E-Verify Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E-Verify information. Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain “public benefits” are legally present in the United States. Contracts with the City are considered “public benefits.” Responders are required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this RFP package. Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers can hire only persons who can legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of any hiree, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor will establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 2.9 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project. 394 2.10 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted in the proposal will be firm for acceptance for a period of sixty (60) days from proposal opening date, unless otherwise stated in the RFP. 2.11 Quality: All materials or supplies used for, or the workmanship employed in, any construction necessary to comply with this RFP, will be of the best quality, and adhere to the highest industry standards. 2.12 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Proposer will unconditionally guarantee the materials and workmanship for one (1) year from completion of the project or delivery of goods. If, within the guarantee period, any defects occur which are due to faulty material and or services, the contractor, at his expense, will repair or adjust the condition, or replace the material, to comply with the contract requirements and applicable standards thereof. These repairs, replacements or adjustments will be made only at such time as will be designated by the City of Tybee Island as being least detrimental to the operation of the City. 2.13 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the Proposal as requested by the City, the proposer will be liable for any injury, damage or loss occasioned by negligence of the proposer, his agent, or any person the proposer has designated to prepare the proposal and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful proposer in order to be awarded a contract with City of Tybee Island. 2.14 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non- performance or violation of contract terms. An award may be made to the next higher ranked Proposer, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or his surety) will be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See the contract documents for complete requirements. 2.15 Certification of Independent Price Determination: By submission of this proposal, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly to any other proposer or to any competitor; and c. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 2.16 Qualification of Business (Responsible Proposer): the Scope of Work, specifications and plans define a responsible Proposer as one who meets, or by the date of the proposal 395 acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required. The City has the right to require any or all proposers to submit documentation of the ability to perform, provide, or carry out the service or provide the product requested. The City has the right to disqualify the proposal of any proposer as being unresponsive or un-responsible whenever such Proposer cannot document the ability to deliver the requested product or service. 2.17 Insurance Provisions, General: The selected proposer to whom the contract is awarded will be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance must be included in the proposal. a. General Information that must appear on a Certificate of Insurance: i. Name of the Producer (proposer’s insurance Broker/Agent). ii. Companies affording coverage (there may be several). iii. Name and Address of the Insured (this is the Company or Parent of the firm the City is contracting with). iv. A Summary of all current insurance for the insured (includes effective dates of coverage). v. A brief description of the operations to be performed, the specific job to be performed, and contract number. vi. Certificate Holder (See below). THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF TYBEE ISLAND AS A CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED FOR GENERAL, AUTO, UMBRELLA, AND EXCESS LIABILITY COVERAGES. b. Minimum Limits of Insurance to be maintained for the duration of the contract: i. Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a Contractor. This policy coverage includes premises and operations, use of independent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $2,000,000 bodily injury and property damage per occurrence and annual aggregate. ii. Worker's Compensation and Employer’s Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of their duties. Employer’s Liability coverage is usually included in Worker’s Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Worker’s Compensation claim. Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker’s Compensation limit. iii. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor’s use of automobiles. Minimum limit: $2,000,000 combined single limit per accident for bodily injury and property damage. Coverage must be written on an Any Auto basis. 396 THE INSURANCE REQUIRMENTS AND LIMITS STATED HEREIN MAY BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA &/OR EXCESS COVERAGES. c. Special Requirements: i. Extended Reporting Periods: The Contractor must provide the City of Tybee Island with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option. ii. Reporting Provisions: Any failure to comply with reporting provisions of the policies will not affect coverage provided in relation to this request. iii. Cancellation: Each insurance policy that applies to this request must be endorsed to state that it will not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the City of Tybee Island. iv. Proof of Insurance: City of Tybee Island must be furnished with certificates of insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the City of Tybee Island before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire term of the City of Tybee Island contract. v. Insurer Acceptability: Insurance is to be placed with an insurer having an A.M. Best’s rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five-year basis, the current total Best’s rating will be used to evaluate insurer acceptability. vi. Lapse in Coverage: A lapse in coverage will constitute grounds for contract termination by the City of Tybee Island Mayor and Council. vii. Deductibles and Self-Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the City of Tybee Island. At the option of the City of Tybee Island, either: the insurer will reduce or eliminate such deductibles or self-insured retention as related to the City of Tybee Island, its officials, officers, employees, and volunteers; or the Contractor will procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses. 2.18 Compliance with Specification - Terms and Conditions: The RFP, Legal Advertisement, General Conditions and Instructions to Proposers, Specifications, Special Conditions, Addendum, and/or any other pertinent documents form a part of the Proposal and by reference are made a part hereof. 2.19 Signed Proposal Considered Offer: The signed Proposal will be considered a binding offer on the part of the Proposer, which offer will be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Proposer after such acceptance, the City of Tybee Island may take such action as it deems appropriate, including legal action, for 397 damages or lack of required performance. 2.20 Notice to Proceed: The successful proposer must not commence work under this RFP until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as specified in the Special Conditions. If the successful Proposer does commence any work or deliver items prior to receiving official notification, he does so at his own risk. 2.21 Protest Policy: Any proposer who is aggrieved in connection with the award of a contract may file a protest with the Purchasing Agent. The protest must be submitted no later than 48 hours prior to the date the award recommendation is scheduled to be approved by City Council. Recommendations to Council are usually posted on the preliminary agenda on the City's website on the Thursday prior to the Council meeting date. It is the proposer's responsibility to ascertain the City's recommendation for award.. Protests must be made in writing to the Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the subject line Protest: RFP #2019-742, and must include the following information: a. Name, address, email address, and telephone numbers of the protester; b. RFP number; c. Detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the protester; d. Copies of supporting documents, if any; e. Statement of relief requested; f. All information establishing that the protester is an interested party for the purpose of filing a protest on an award decision; g. All information establishing the timeliness of the protest. 2.22 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City are specified in the contract document. a. Questions regarding payment may be directed to the Accounting Department at 912- 472-5024 or City of Tybee Island’s Project Manager as specified in the contract documents. b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document. c. Upon completion of the work or delivery of the products, the Contractor will provide the City of Tybee Island with an affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work performed for the City of Tybee Island have been paid in full. d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656 - 4065 for additional information. 2.23 Owner’s Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner further reserves 398 the right, and sole and complete discretion to reject all proposals, and any proposal that is not responsive or that is over the budget, as am ended, or that fails to suit the needs of the City as determined by the Owner in its sole discretion. In judging whether the Proposer is responsible, the Owner will consider, but is not limited to consideration of, the following: a. Whether the Proposer or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Proposer or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Proposer can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Proposer’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Proposer’s contract obligations. 2.24 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor will immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract. 2.25 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Request for Proposal (RFP) or contract by any member of a proposer’s staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions will cause render your proposal invalid. 2.26 Georgia Open Records Act: The responses will become part of the City of Tybee Island’s official files without any obligation on the City of Tybee Island’s part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, will belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law. It is the responsibility of the Proposer to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Proposer submitting records which the entity or person believes contains trade secrets that wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the records an affidavit affirmatively declaring that specific information in the records 399 constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. Proposals will not be opened in public, and the information is exempt from disclosure, including the Open Records Act, until the RFP has been awarded, or all proposals have been rejected. City of Tybee Island will not be held accountable if material from responses is obtained without the written consent of the proposer by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.27 Georgia Trade Secret Act of 1990: In the event a Proposer submits trade secret information to the City of Tybee Island, the information must be clearly labeled as a Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law. 2.28 Contractor Records: The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. 2.29 Method of Compensation: The compensation provided for herein will include all claims by the contractor for all costs incurred by the contractor in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount will be paid to the contractor after receipt of the invoice and approval of the amount by the City of Tybee Island. The City will make payments to the contractor within thirty (30) days from the date of receipt of the contractor's acceptable statement on forms prepared by the contractor and approved by the City of Tybee Island. Should the Project begin within any one month, the first invoice will cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices will be submitted each month until the Project is completed. Invoices will be itemized to reflect actual expenses for each individual task; also refer to the requirements concerning changes, delays and termination of work pursuant to provisions of the contract. Each invoice will be accompanied by a summary progress report, which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The terms of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act. As long as the gross value of completed work is less than 50% of the total contract amount, or if the contractor is not maintaining his construction schedule to the satisfaction of the engineer, the City of Tybee Island will retain 10% of the gross value of the completed work as indicated by the current estimate approved by the engineer. After the gross value of completed work becomes to or exceed 50% of the total contract amount within a time period satisfactory to the City of Tybee Island, then the total amount to be retained will be reduced to 5% of the gross value of the completed work as indicated by the current estimate approved by the engineer, until all pay items are substantially completed. When all work is completed and time charges have ceased, pending final acceptance and final payment the amount retained will be further reduced at the discretion of the City of 400 Tybee Island. The Contractor may submit a final invoice to the City of Tybee Island for the remaining retainage upon City’s acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due will be paid by the City to the Contractor when work has been fully completed and the contract fully performed, except for the responsibilities of the Contractor which survive final payment. The making of final payment will constitute a waiver of all claims by the City except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contractor Documents or those items previously made in writing and identified by the City as unsettled at the time of final application for payment. Acceptance of final payment will constitute a waiver of all claims by the Contractor, except those previously made in writing and identified by the Contractor as unsettled at the time of final application for payment. 2.30 Terms of Contract: a. ONE TIME CONTRACT 2.31 Audits and Inspections: The contractor and his subcontractors will make available to the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of emplo yment and other data relating to all matters covered by this Contract. All documents to be audited will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during normal business hours at the offices of the Contractor, as requested by the City of Tybee Island. 2.32 Proposal Surety: Each proposal shall be accompanied by a qualified bond/surety, cashier's check or certified check in the minimum amount of 5% of the total proposal price. Proposer will forfeit this amount should it be offered a contract by the City and refuse or fail to promptly enter into such contract. 2.33 Performance and Payment Bonds: a. Prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Performance Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one-hundred-percent (100%) of the total contract amount to ensure the Contractor’s satisfactory performance. b. Also prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Payment Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one-hundred-percent (100%) of the total contract amount to ensure the Contractor’s satisfactory payment of subcontractors and material suppliers. c. The Contractor shall be solely responsible for keeping the surety informed as to the total contract price, significant changes in project scope, and overall progress and completion of project for the entire life of the contract. 401 d. If the surety on the bonds furnished by the Contractor is declared bankrupt or becomes insolvent, or it’s right to do business in the State of Georgia is terminated, the Contractor shall within five (5) calendar days thereafter substitute other bonds and surety acceptable to the City of Tybee Island. If the Contractor does not furnish the replacement bonds to the City of Tybee Island within the five (5) days, the City of Tybee Island may consider the Contractor in material breach of contract and take appropriate actions. 3 EVALUATION CRITERIA This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Team in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not based on what is inferred. After thoroughly reading and reviewing this RFP, each t eam member shall conduct his or her independent evaluation of the proposals received, and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table. Criteria Possible Points Demonstration of Ability to Meet or Exceed all Requirements 20 Prior Experience - Quality of, and Response from, References 30 Cost of Services 40 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package? 10 402 ATTACHMENT A CITY OF TYBEE - INSTRUCTIONS TO PROPOSER SIGNATURE SHEET The Proposer certifies that he/she has examined all documents contained in this RFP package, and is familiar with all aspects of the RFP and understands fully all that is required of the successful Proposer. The Proposer further certifies that his/her Proposal will not be withdrawn for sixty (60) days from the date on which his proposal is submitted to the City. The Proposer agrees, if awarded this Contract, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all services and/or items indicated thereon as specified in this RFP for the proposal amount; or, B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this RFP for the proposal amount, and; COMPANY DATE SIGNATURE TITLE TELEPHONE NUMBER MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council established goals oriented to increase participation of minority and female owned businesses, through MBE/WBE certification and development. In order to accurately document participation, businesses submitting bids, quotes or proposals are encouraged to report ownership status. A minority or women business is defined as a business that is at least 51% owned and managed by minority or women. A responder that is certified by any agency of the Federal Government or State of Georgia may submit a copy of their certification with their proposal as proof of qualifications. Proposer that intends to engage in joint ventures or utilize sub-consultants must submit a report of Minority/Women Business Enterprise participation to Melissa Freeman, P.O. Box 2749, and City of Tybee Island, GA 31328. African-American\Black_____ Asian American_____ Hispanic_____ Native American_____ Alaskan Indian_____ Female_____ 403 ATTACHMENT B CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1) By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__. _________________________________ NOTARY PUBLIC My Commission Expires: 404 ATTACHMENT C Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmativel y that the individual, firm or corporation which is engaged in the physical performance of services under a contract with __________________ (name of contractor) on behalf of __________________________________(name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonl y known as E-Verify, or an y subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A.§ 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a cop y of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employe r I hereb y declare under penalty of perjur y that the foregoing is true and correct. Executed on____________ ____, 20 in city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCR IBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 . NOTARY PUBLIC My Commission Expires: 405 ATTACHMENT D O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) ____________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _____________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit will be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). _________________________________ Signature of Applicant _________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: 406 ATTACHMENT E CITY OF TYBEE ISLAND VENDOR INFORMATION Vendor Name: ________________________________________________________________________ Product or Services Provided: __________________________________________________________ Sales Contact Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Address: _______________________________________________________________________________________ Accounts Receivable Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Remittance Address: ___________________________________________________________________ Federal Tax Id #: _______________________________________________________________________ Attach Copy of W-9 and Occupational Tax Certificate Provide Copy of Worker’s Comp Coverage when providing any service involving labor on City property. Our terms are net 30 407 ATTACHMENT F CERTIFICATION REGARDING DEBARMENT INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION: By signing and submitting this proposal, the prospective lower tier participant is providing the signed certification set out below. 1. The certification referred to in this paragraph is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Tybee Island may pursue available remedies, including suspension and/or debarment. 2. The prospective lower tier participant shall provide immediate written notice to the City if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered participant,” “persons,” “lower tier covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this paragraph, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 49 CFR part 29. 4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. 5. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. A participant in a covered transaction may rely upon certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this paragraph. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 408 8. Except for transactions authorized under paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City may pursue available remedies, including suspension and/or debarment. NAME OF COMPANY: _________________________________________________________ COMPANY TAX ID: ___________________________________________________________ NAME OF AUTHORIZED REPRESENTATIVE: ____________________________________ TITLE OF AUTHORIZED REPRESENTATIVE: _____________________________________ SIGNATURE: _______________________________________ DATE: __________________ 409 ATTACHMENT G PROPOSAL FORM DUNE VEGETATION RFP# 2019-742 Please attach all specifications regarding materials, installation, and warranties to this sheet with your total proposal cost below. TOTAL COST OF PLANTS: ______________ TOTAL COST OF INSTALLATION: ______________ TOTAL COST OF PROPOSAL: ______________ ALTERNATE – COST OF IRRIGATION ______________ __________________________ (Firm) __________________________ (Signature) __________________________ (Title) 410 ATTACHMENT H CHECKLIST FOR SUBMITTING PROPOSAL Sign below and submit this sheet with your proposal NOTE: All of the following items must be submitted with your proposal to be considered “responsive”. Remember to follow the Instructions in the RFP Documents. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS _____ (3) REFERENCES AS REQUESTED IN SUBMISSION INSTRUCTIONS _____ W-9 _____ OCCUPATIONAL TAX CERTIFICATE _____ CERTIFICATE OF INSURANCE _____ PROPOSAL BOND _____ COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE PROPOSAL: A. SIGNATURE SHEET _____ B. CONTRACTOR AFFIDAVIT _____ C. SUBCONTRACTOR AFFIDAVIT _____ D. SAVE AFFIDAVIT _____ E. VENDOR INFORMATION _____ F. DEBARMENT CERTIFICATION _____ G. PROPOSAL SHEET _____ H. CHECKLIST _____ __________________________________________ NAME/TILE __________________________________________ COMPANY NAME __________________________________________ ADDRESS __________________________________________ CITY/STATE/ZIP __________________________________________ PHONE NUMBER __________________________________________ EMAIL __________________________________________ SIGNATURE 411 Business Name Location Mailing Address Phone Email Federal ID # NAICS Code Business Type (circle one): Sole Proprietor Partnership Corporation LLC Other: ________________ Type of Contractor General Electrical Mechanical Plumbing Other _______________________________ Has this business or anyone connected with this business been cited or charged with any violation of Georgia Law, Federal Law, Local Ordinance, or any Rule or Regulation of the State Revenue Commissioner or any Rule or Regulation of the City or County within the past 12 months? YES or NO (If YES, list details) _________________________________________________________________________________________ 1.Include a copy of your local business license. 2.Any business that requires state licensing must include a copy of state license. List person(s) authorized to request inspections: ___________________________________________________________ _________________________________________________________________________________________ I hereby make application to the City of Tybee Island for a Contractor Registration. I certify that the above statements are true and correct. I understand that the processing fee of $20.00 is non-refundable. I further understand that the provision of false information on this application may result in the revocation of this registration by the City of Tybee Island. Applicant Signature _____________________________________________________________ Date ___________________________ Printed Name __________________________________________________________________ Received by ___________________________________________________________________ Date ___________________________ City of Tybee Island Attention: Contractor Registration, P.O. Box 2749, Tybee Island, Georgia 31328-2749 Telephone (912) 786-4573 FAX (912) 786-9539 www.cityoftybee.org CITY OF TYBEE ISLAND CONTRACTOR REGISTRATION APPLICATION 412 License #___________________ Affidavit Verifying Status for City Public Benefit Application By executing this affidavit under oath, as an applicant for a City of Tybee Island, Georgia, Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, Contract, or other public benefit as referenced in O.C.G.A. Section 50-36-1, the undersigned applicant representing________________________________(name of business), verifies one of the following with respect to my application for public benefit: 1) _____ I am a United States citizen. (document example: Driver’s license, US Passport, US Military Card, etc.) OR 2) _____ I am a legal permanent resident of the United States (document example: I-551 Permanent Resident Card, Certificate of Citizenship, etc.) 3) _____I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:______________________________________________________________________ (document example: Temporary Resident Card; Employment Authorization Card, etc.) --The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least on secure and verifiable document, as required by O.C.G.A. § 50-36-1-(e), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as:_________________________________ In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, Fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and Face criminal penalties as allowed by such criminal statute. _________________________________________ Signature of Applicant _________________________________________ Date ___________________________________________ Printed Name SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ___________________, 20 Notary Public_________________________________ My Commission Expires:________________________ PLEASE COMPLETE THIS AFFIDAVIT AND SUBMIT A COPY OF THE IDENTIFICATION DOCUMENT (front and back) PRESENT IN PERSON AT 403 BUTLER AVE OR FAX TO 912-786-9539 OR E-MAIL TO: lschaaf@cityoftybee.org REFERENCE YOUR BUSINESS LICENSE NUMBER IN THE SUBJECT LINE OF YOUR E-MAIL. If fax or email this form, please have this form notarized prior to submitting it to the City of Tybee Island at lschaaf@cityoftybee.org or 912-786-9539. The City of Tybee has a notary, if submitting in person. Note: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens that do not have an alien registration number may supply another identifying number below: 413 414 415 416 417 418 419 11/12/2019 Sarasota County Tax Collector sarasotataxcollector.governmax.com/collectmax/bl_receipt.asp?sid=229F1E2ACF59400D99775A62B0FDCA90 1/1 Sarasota County Business Tax Receipt 2019-20 THIS TAX DOES NOT ASSURE QUALITY OF WORK OR CONFIRM THAT REGULATORY OR ZONING REQUIREMENTS HAVE BEEN MET, IT IS THE OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE. Account No. 3900620049315 Business Type:SERVICE Business Address: AQUATIC PLANTS OF FLORIDA INC 8120 BLAIKIE CT SARASOTA uninc FL 34240 PAID: 6024470.0001 9/17/2019 $14.43 SHARELL GILBERT L 8120 BLAIKIE CT SARASOTA, FL 34240 All businesses in Sarasota County are responsible for complying with the Sarasota County mandatory recycling ordinance. Valid until 9/30/2020 Sarasota County Tax Collector Barbara Ford-Coates 101 S. Washington Blvd., Sarasota, FL 34236 (941) 861-8300, option 3 www.SarasotaTaxCollector.com Info@SarasotaTaxCollector.com 420 FAX (A/C, No):Matt Crum INSURER A: LIMITS FrankCrum Insurance Agency, Inc.100 South Missouri Avenue Clearwater, FL 33756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Effective 05/06/2002, coverage is for 100% of the employees of FrankCrum leased to Aquatic Plants of Florida, Inc. (Client) for whom the client is reportinghours to FrankCrum. Coverage is not extended to statutory employees. Aquatic Plants of Florida, Inc.Aquatic Plants of Florida, Inc. $1,000,000 AGGREGATE Frank Winston Crum Insurance Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. REVISION NUMBER: 11/19/2019 INSURER(S) AFFORDING COVERAGE COVERAGES EACH OCCURRENCEDAMAGE TO RENTED MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGG COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EACH OCURRENCE E.L. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03)© 1988-2016 ACORD CORPORATION. All rights reserved. PREMISES (Ea occurrence) ADDLINSRD POLICY NUMBER POLICY EFF(MM/DD/YYYY) PER STATUTE OTH-ER GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOSONLY SCHEDULEDAUTOS HIRED AUTOSONLY NON-OWNEDAUTOS ONLY UMBRELLA LIAB EXCESS LIABDED CLAIMS-MADE RETENTION $ WORKERS COMPENSATION AND ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under OFFICER/MEMBER EXCLUDED? DESCRIPTION OF OPERATIONS below $ $ $ $ $$ $ $ $ $ $ $$ POLICY EXP(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY PROJECT LOC NAIC# INSURED WC201900000 01/01/2019 01/01/2020 $1,000,000 INSRLTR TYPE OF INSURANCE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CONTACT NAME: INSURER F:CERTIFICATE NUMBER: DATE (MM/DD/YYYY) SUBRWVD $ $ Y/N The ACORD name and logo are registered marks of ACORD X OCCUR (Mandatory in NH) A N/A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THEPOLICY PROVISIONS. 200CY 11/19/2019 Issued Tybee Island 585324 Tybee IslandStrand AvenueTybee Island, GA 31328 PRODUCER (Ea accident) (Per accident) $1,000,000 CERTIFICATE OF LIABILITY INSURANCE INSURER E: INSURER D: INSURER C: 11600 INSURER B: PHONE (A/C, No, Ext):(800) 277-1620 X 4800 (727) 797-0704 E-MAIL ADDRESS: FrankCrum L/C/F Aquatic Plants of Florida, Inc.100 South Missouri AvenueClearwater, FL 33756 EMPLOYERS' LIABILITY AUTHORIZED REPRESENTATIVE OTHER: 421 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ERE.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTOALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident)PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11/19/2019 Atlas Insurance Agency 7120 Beneva Road Sarasota FL 34238 Laura Dansky 941-366-8424 941-552-4099 ldansky@atlasinsuranceagency.com Depositors Insurance Company AQUAPLA-01 Allied Insurance Company of America 10127AquaticPlantsofFlorida,Inc. 8120 Blaikie Court Sarasota FL 34240 Allied Property &Casualty Insurance Company 42579 1566883876 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y GLDO3037527821 3/1/2019 3/1/2020 2,000,000 B 1,000,000 X XX Y BAL3037527821 3/1/2019 3/1/2020 C X X 1,000,000 0 CAP3037527821 X 1,000,000 3/1/2019 3/1/2020 Coverage is subject to policy forms,conditions &exclusions. RE:strand Avenue on Tybee Island,GA 31328 City of Tybee Island 403 Butler Avenue PO Box 2749 Tybee Island GA 31328 422 423 424 425 426 427 428 429 430 431 432 433 1 RFP# 2019-742 Tybee Island References and Experience Experience No. 1 Contract/Work type: Dune revegetation – Post Matthew Dune Remediation Contract Number (if applicable): ITB#2017-702 North Beach Total Contract Value: $59,461 Agency/firm for who work was performed: City of Tybee Island (Georgia) Contact person at the site: Telephone #: Melissa Freeman # 912-472-5023 E-mail address: MFreeman@CityOfTybee.org Month/Year work began: Month/Year work ended: December, 2017 Brief description of duties: We were responsible for contract growing 37,300 Uniola paniculata (Sea Oats) in 4” liners. We delivered and installed these plants to help replenish the dune areas after hurricane Matthew. Experience No. 2 Contract/Work type: Dune revegetation – Norriego Point Restoration & Recreation Project Contract Number (if applicable): Norriego Point DEP Contract No: CN429 Total Contract Value: $173,943 Agency/firm for who work was performed: City of Destin, FL / Florida DEP Contact person at the site: Telephone #: Pearce Barrett # 850-245-2106 E-mail address: Pearce.Barrett@dep.state.fl.us Month/Year work began: Month/Year work ended: September, 2019 – October, 2019 Brief description of duties: We were contracted to grow and install of over 136,000 plants in 2” liners and over 36,000 diversity species in 4” liners. In addition to the plants, we also installed 1,200 linear feet of sand fence, 2,550 linear of posts and rope, and signage. 434 2 RFP# 2019-742 Tybee Island References and Experience (continued) Experience No. 3 Contract/Work type: Dune installation of Sea Oats and diversity species Contract Number (if applicable): PD 16-17.091 “Perdido Key Dune Restoation Project” Total Contract Value: $319,026 Agency/firm for who work was performed: Escambia County, FL Contact person at the site: Telephone #: Jeffrey Lovingood # 850-595-4918 E-mail address: jdlovingood@myescambia.com Month/Year work began: Month/Year work ended: February, 2018 – March, 2018 Brief description of duties: We were responsible for the contract growing and installation of 391,000 Sea Oats in 2” liners, over 22,000 Panic Grass in 2” liners and over 22,800 diversity species plants in 4” liners. Experience No. 4 Contract/Work type: Matthew Project Dune restoration Contract Number (if applicable): Contract No: B-3-17-33 Total Contract Value: $281,625 Agency/firm for who work was performed: Brevard County, FL Contact person at the site: Telephone #: Mike McGarry # 321-537-1779 E-mail address: mike.mcgarry@brevardfl.gov Month/Year work began: Month/Year work ended: March, 2017 – April, 2017 Brief description of duties: We grew, delivered, and installed 375,500 Sea Oats for the revegetation of dunes due to the losses sustained from hurricane Matthew. 435 3 RFP# 2019-742 Tybee Island References and Experience (continued) Experience 5 Contract/Work type: Santa Rosa Island Dune Restoration Contract Number (if applicable): SRIA 2017 Dune Restoration Total Contract Value: $147,768 Agency/firm for who work was performed: Santa Rosa Island Authority, Pensacola Beach, FL Contact person at the site: Telephone #: Al Browder: Olson & Associates #904-387-6114 E-mail address: Al@olsen-associates.com Month/Year work began: Month/Year work ended: January, 2017 Brief description of duties: We were contracted to grow, deliver, and install 86,750 Sea Oats and 27,090 diversity species plants. In addition, we were also responsible for the removal and replacing of old sand fencing. 436 2019-742 Dune Vegetation PG Earth Balance Notes Aquatic Plants of Florida Notes Criteria Possible Points Demonstration of Ability to Meet or Exceed all Requirements 20 20 They meet or exceed all requirements of the proposal. Would start one week after notice to proceed. 20 They meet or exceed all requirements of the proposal. Would be completed in Mid-April with Option #1 and Mid-March with Option #2. Prior Experience - Quality of, and Response from, References 30 30 They have good experience in dune planting. Talked with their references and they had no issues. 30 They have good experience in dune planting. Talked with their references and they had no issues. Cost of Services 40 33 Plants: $66,693.33 Install: $69,200.52 Total: $135,893.85 40 Plants: $45,490.11 Install: $66,681.20 Total: $112,173.31 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package?10 10 Submitted the following attachements: A, B, C, D, E, F, G, H, I, Experience with description and pictures as requested 7 Submitted the following attachements: A, B, C, D, E, F, G, H, I, Experience with description as requested and without pictures. TOTAL 100 93 97 F 437 2019-742 Dune Vegetation GS Earth Balance Notes Aquatic Plants of Florida Notes Criteria Possible Points Demonstration of Ability to Meet or Exceed all Requirements 20 20 Able to start in January 15 Cannot start until April Prior Experience - Quality of, and Response from, References 30 30 Solid references with excellent photo documentation 25 Solid references Cost of Services 40 35 Within budget 40 Within budget and lower than Earth Balance How well did the Proposer follow the RFP directions on preparing and submitting its proposal package?10 10 Complete package 10 Complete package TOTAL 100 95 90 F 438 2019-742 Dune Vegetation SG Earth Balance Notes Aquatic Plants of Florida Notes Criteria Possible Points Demonstration of Ability to Meet or Exceed all Requirements 20 19 19 Prior Experience - Quality of, and Response from, References 30 29 27 I valued the experience in South Carolina Slightly more than the Florida experience Cost of Services 40 35 36 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package?10 10 10 TOTAL 100 93 92 F 439 2019-742 Dune Vegetation GS PG SG AR TOTAL GS PG SG AR TOTAL Criteria Possible Points Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Points Awarded Demonstration of Ability to Meet or Exceed all Requirements 20 20 20 19 20 15 20 19 15 Prior Experience - Quality of, and Response from, References 30 30 30 29 30 25 30 27 28 Cost of Services 40 35 33 35 35 40 40 36 40 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package? 10 10 10 10 10 10 7 10 8 TOTAL 95 93 93 95 283 90 97 92 91 278 Earth Balance Aquatic Plants of Florida 440 12/11/195:00PMjrl Item Attachment Documents: 18. Resolution: Limewood Drive 441 RESOLUTION 12-2019 AUTHORIZING THE RECORDING OF A PLAT INVOLVING PARCELS OF REAL ESTATE WHICH INCLUDE FORMER CITY UNOPENED RIGHT OF WAY SO AS TO REFLECT A PORTION OF SUCH RIGHT OF WAY AS A SEPARATE PARCEL WHEREAS, the City had previously conveyed unopened Limewood Drive right- of-way to William C. Fleetwood by deed dated May 15, 1974 which is now owned by Dave and Martha Makel (hereinafter the Makels), who acquired ownership along with property identified as 41 Meddin Drive, now identified with additional property and known and identified collectively as tax parcel 4-0001-03 -009: and WHEREAS, the Makels have agreed to convey the real property described on Exhibit A hereto, including the former City right-of-way to Limewood Drive and to lease such separate parcel to the City and the Tybee Island Marine Science Center (“MSC”) exclusively for the purposes of outdoor displays of exhibits and recreational items by the Marine Science Center. To ensure that the City may lease the property as a distinct parcel, it should be identified and deemed to exist for purposes of such lease and an appropriate plat reflecting the former unopened right-of-way of Limewood Drive identified as parcel “2B” thereon has been prepared and is attached as Exhibit A hereto; and WHEREAS, the Tybee MSC is leasing abutting property from the City and desires use of the parcel identified below and on the attached plat as parcel 2B subject to the terms hereof and the terms of such leases; and WHEREAS, the parcel identified on the plat attached as Parcel 2B is not suitable for development as residential property nor as a separate buildable lot or parcel; and WHEREAS, the City desires that the attached plat be recorded for the sole purpose of creating a separate legal parcel for lease to the City and MSC identifying the property for purposes of the lease thereof to the City by Limewood Drive.; and NOW THEREFORE, it is hereby resolved by the Mayor and Council in open meeting, duly assembled, that the Mayor and Director of Planning & Zoning are hereby authorized to sign the plat attached hereto as Exhibit A and the Clerk is authorized to attest the signatures as appropriate in order that the plat may be recorded to establish parcel 2B as a separate parcel and that the lease referred to herein from Limewood Drive , LLC to the City for the purpose of the use by the MSC may be entered and that during the term of such lease, parcel 2B shall be recognized as a separate parcel for this purpose and not as a part of any adjoining parcel all until the termination of the lease . At the conclusion of the lease or the termination thereof, subject to its provisions, the property shall revert to its former status as previously existed and will continue to be a non- buildable parcel which may be recombined with adjoining property. In the event the lease is terminated or terminates and such reversion is to occur, notice thereof may be recorded by an affidavit of Limewood Drive, LLC or by Dave and Martha Makel or by the Tybee Island Marine 442 Science Center Foundation and/or the City of Tybee Island. It may be filed and reference this resolution and the plat attached hereto as recorded thereon to reflect the termination of the lease and the reversion of the property to its prior status. SO RESOLVED this ______day of _____________, 2019. By: ________________________________ Jason Buelterman, Mayor Attest: _____________________________ Jan LeViner, Clerk APPROVED AS TO FORM: __________________________ Edward M. Hughes City Attorney 443 12/11/195:00PMjrl Item Attachment Documents: 19. Consideration of Authorization of GEFA Loan Documents for Solar/Water Treatment Project 444 445 12/11/195:00PMjrl Item Attachment Documents: 20. Second Reading: 2019-16 - Article 3, Section 3-170, Home Occupations and Home Business Offices 446 1657048.1 ORDINANCE NO. 2019-16 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND THE PROVISIONS OF ARTICLE 3, SECTION 3-170, HOME OCCUPATIONS AND HOME BUSINESS OFFICES SO AS TO REPEAL THE EXISTING ORDINANCE AND TO ADOPT A NEW ORDINANCE FOLLOWING THE PUBLICATION OF NOTICE AS REQUIRED BY STATE LAW AND TO ESTABLISH AN EFFECTIVE DATE AND TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the City of Tybee Island has in place a home occupations and home business offices ordinance designated as Section 3-170; and WHEREAS, the amendment is to clarify what is allowed as a home business office, which is allowed by right in residential districts and what reaches the threshold of home occupation, which requires approval via special review; and. NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, SHALL BE AMENDED AS FOLLOWS: SECTION 1 Present Article III, Sections 3-170, Home Occupations and Home Business Offices are to be repealed and replaced with the below Sections 3-170, including all subsections of each section thereof. Therefore, the ordinance and Article are amended and are to be in full force and effect upon the effective date hereof. SECTION 2 Sec 3-170 Home Occupations and Home Business Offices Profit making activities conducted in homes fall into two classes: home occupations and home business offices. 447 2 A. Home occupation. If permitted in a land use district, means an occupation customarily carried on within a home for gain or support, conducted entirely within a dwelling unit or accessory structure and conducted by persons residing in that dwelling unit and up to one employee, involving no display of articles or products. The following conditions must be met: a. Home occupations must go through the Special Review process and be approved by City Council b. Home occupation shall not include the repair and/or maintenance of motor vehicles, motor vehicle storage or large scale manufacturing, or any use which will create noise, noxious odors, or any hazard to the health, safety or welfare of the neighborhood. c. Home occupation shall not involve group instruction or group assembly. d. There shall be no exterior evidence of the business. No outside storage or display including signs shall be allowed. e. No customers or clients shall be permitted at the site unless sufficient off street parking is provided and the location thereof is approved by the community development director. f. Days of operation permitting customers or clients shall be Monday through Saturday, daylight hours only. B. Home business office means an office use that is conducted entirely within the swelling which is carried on by the occupant thereof and no other individuals, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. The following conditions must be met: a. All business related activity must be entirely within the home. Activity outside of the home or in an accessory structure are not permitted b. The business shall not create noise, dust, vibration, odor, smoke or electrical interference that is detectable outside of the home c. No customers may come to the home d. There shall be no exterior evidence of the business. No outside display including signs shall be allowed. 448 3 e. Pick up and deliveries for the business will be restricted to vehicles having no more than two axles and shall be restricted to no more than two pick-ups or deliveries per day. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS 12 DAY OF DECEMBER, 2019. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: 11/14/2019 SECOND READING: 12/12/2019 ENACTED: 12/12/2019 449 12/11/195:00PMjrl Item Attachment Documents: 25. Barry Brown: Memorial Park Pavilion 450 451