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HomeMy WebLinkAboutResolution - 2005-R0111 - Contract For A Classification And Compensation Study - Waters Consulting Group - 03_04_2005Resolution No. 200540/11 March 4, 2005 Item 39 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and the Waters Consulting Group, Inc. of Dallas, Texas for a Classification and Compensation Study not to exceed $70,000.00, and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 4th day of ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CON NT: �v1 Scott Snider, Director of Human Resources APPROVED AS TO FORM: Assistant City as:/ccdocs/Contract- W atersConsul Ling March 2, 2005 r_; Resolution No. 2005-RO111 WCG AND THE CITY OF LUBBOCK AGREEMENT FOR SERVICES Agreement made this a day of March 2005 between the City of Lubbock, Texas, hereafter referred to as "the Client", and The Waters Consulting Group, Inc., hereafter referred to as "WCG". RECITALS The Client has its principal place of business at 1625 13th Street, Lubbock, Texas 79401. WCG has its principal place of business at 2695 Villa Credo Drive, Suite 104, Dallas, Texas 75234. WCG provides services to clients across the nation m the field of wage and salary system development, performance management, executive search and other related human resource areas; therefore, the Client hereby engages in the services of WCG, and in consideration of the promises herein contained, both parties agree to the following: 1. This Aft shall be for the period necessary for successful completion of the project, commencing on March 4, 2005 and may not be terminated by the Client unless the Client determines in its sole discretion that WCG's services are no longer desired. If the Client terminates, WCG is entitled to any portion of its fee so earned. WCG may not terminate said Agreement unless the Client fails to pay WCG for services as agreed. If any of these provisions apply, the terminating party must provide 30 days written notice to the other party. SCOPE OF PROFESSIONAL SERVICES 2. WCG will provide professional services in the area of compensation system review and design as outlined in the previously submitted proposal which is incorporated into this Agreement as though fully set forth herein. PROFESSIONAL FEES AND EXPENSES 3. Professional fees for basic services as outlined in WCG's proposal are $68,590.00 for general project elements with additional hourly and set rates for other optional and variable project elm. A detailed overview of professional fees follows. Project related expenses are PAGE • 1 WCG AND THE CITY OF LUBBOCK additional and will be charged as incurred and include, but are not limited to travel, printing, shipping, long distance telephone fees, employee mailbox telephone service, etc. Should the Client require additional services not included in this Agreement and referenced proposal, an amendment to this Agreement stating the exact scope of services and cost of all additional services shall be submitted for the Cheat's approval. WCG reserves the right to use the entire total of this project amount as necessary in order to complete the entire scope of the project as outlined in its proposal regardless of line item assignments. The Client will make payments for the project upon receipt of an invoice submitted by WCG. Payment to WCG is expected within 30 calendar days. All invoices will be forwarded to Scott Snider, Human Resources Director, for processing unless otherwise directed. For reporting purposes, WCG's tax identification number is 75-2272138. Comprehensive Compensation and Classification Study Professional Fees Project Strategy, Strategic Planning and Project Administration 7,250.00 Employee and Management Communication Sessions for the JDQ process (over a 3-day period) including preparation time and one to three senior consultants 10,640.00 The Job Evaluation process and classification review including related meetings and 4TT!2Rment of appeals process 18,375.00 The Salary Survey process including related meetings 12,200.00 The Update of the Compensation Structure and related meetings 13,125.00 The Development and Presentation of the Draft Final Report 7,000.00 SUBTOTAL %8,590.00 Variable Costs/Semces Professional Fees Development of Job Descriptions: Analysis of Job Description $150 per Job Questionnaires (JDQs), Writing of Job Descriptions, Final Review Description and Edits of Job Descriptions after City reviews Drafts. Estimated at 400 job titlesTob descriptions to be developed during this process. FLSA Analysis of position titles to determine status (exempt or $130 per Job Title non-exempt) based on new labor law requirements. This detailed analysis is estimated to be necessary on approximately 20% of all job titles based on our previous experience or 80 job titles. Additional onsite meetings and/or projectwork, above and beyond $175 per hour as those outlined within this proposal, as ordered to meat with elected approved in advance officials, department directors, etc. including prep time. PAGE * 2 WCG AND THE MY OF LUBBOCK INSURANCE REQUIREMENTS 4. A) General Liability: Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: Bodily Injury and Property Damage; Broad Form Contractual Liability Personal Injury and Advertising Injury; Fire legal liability; Products and completed operations. B) Business Automobile Liability: Contractor's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for but not limited to the following: Bodily injury and property damage; Any and all vehicles owned, used or hired; C) Professional Liability: Contractor's insurance shall contain a combined single limit of a minimum of S 1,000,000 per occurrence and in the aggregate. D) Workers' Compensation and Employers Liability Insurance: Contractor shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Lease and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of workers' compensation insurance coverage by Contractor or any cancellation or non -renewal of workers' compensation insurance coverage for the Contractor shall be a material breach of this contract.. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either evert, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Lease. E) The Client shall be named an additional insured with respect to General Liability and Business Automobile Liability. The additional insurance endorsement shall make WCG primary with respect to liability arising from this Agreement for Services. (See attached Certificate of Insurance) PAGE • 3 WCG AND THE CITY OF LUBBOCK DEVOTION OF TIME 5. WCG shall devote such time to the performance of its duties under this Agreement as is neoessary for the completion of all project phases. ENTIRE AGREEMENT b. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other aft, statement, or promise relating to the subject matter of this Agreement that is not contained herein shall be valid or binding. 7. This Agreement may be amended by the mutual agreement of the parties hereto in writing and must be attached to and incorporated into this Agreement. LEGAL CONSTRUCTION 8. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be constructed as if such invalid, illegal, or unenforceable provision had never been contained herein. PAGE • 4 WCG AND THE CITY OF LUBBOCK Executed on the day and the year first written in this Agreement. SIGNATURE PAGE CITY OF L By: x Nam . Mar Title: MA ATTEST: By: x Rg:f�—,� --� Name: BECCA GARZA Title: CITY SECRETARY APPROVED AS TO CONTENT: By: V "� Name: SCOTT SNIDER Title: HUMAN RESOURCES DIRECTOR APPROVED AS TO FORM: By: x Nam OHN M. K14IGH Tit e: ASSISTANT CITY ATTORNEY THE WATERS CONSULTING GROUP, INC. By: v Name: ROLLIE O. WATERS, CMC Title: PRESIDENT PAGE • 5 ACO -0. CERTIFICATE 4F LIABILITY INSURANCE OP ID DATE'""'°DYYYY' WATER-1 03 01 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lewis Henderson Insurance Agen HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1245 Southridge Ct . 5101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hurst TX 76053 Phone:817-282-3234 Fax:817-282-9046 INSURERS AFFORDING COVERAGE NAICS INSURED INSURER A: UNION STANDARD INSURANC$ INSURER B: HARTFORD INSURANCE CO The Waters Consulting Group INSURERC: ADMIRAL INSURANCE C(WANY 2695 Villa Crook Dr. B104 INsuaEaD Dallas TX 7 234 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE MJSURED 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 ES SUBJECT TO ALL THE TERMS, EXCLVSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LHMTS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. LTR INSRd TYPE OF INSURANCE POLICY NUMBER POL 5"6017115 DA MMtDDlYY PO DATE MMI LIMITS A X GENERALUAWUTY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE XnOCCUR CLA1283267-27 09/25/04 09/25/05 EACH OCCURRENCE $ 1000000 PREMISES° E 8100000 MEDEXP(Anyone person) 35000 PERSONAL III ADV INJURY $1000000 GENERAL AGGREGATE s 2000000 GENLAGGREGATE LIMIT APPLIES PEW POLICY JEo- LOC PRODUCTS -COMMOPAGG $1000000 A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED ALTOS HIREDAUTOS NON-OWNEDAUTOS _ TA2330709-27 09/25/04 09/25/05 COMBINED SINGLE LIMIT to (S (Ea Gdeltt} 31000000 BODILY INJURY (Per peceOn) = X BODILY INJURY (PK*ccWM) = X PROPERTY DAMAGE (Per wended) S GARAGE UABILITY ANY AUTO AUTO ONLY. EA ACCIDENT i OTHER THAN EA ACC AUTO ONLY: AGG i S EXCE88/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION i EACH OCCURRENCE i AGGREGATE i i i $ $ WORKERS COMPENSATION AND SWIPLOyrmL"UTM ANY PROPRIETORIPARTNERMECUTIVE OFFICER/MEMSER EXCLUDED? b yyeess,, dewtoe undr SPECUALPROVISIONSb*ow 46WECGD9092 04/16/04 04/16/05 TORX ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE i 1000000 E.L. DISEASE - POLICYLIMT 31000000 C OTHER ERRORS & OMMISSION *(SEE BELOW) A02PLI6485-08 11/07/04 11/07/05 EA. CLA 4 1000000 AGGREG. 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSPIAMTI3PEC14L PROVISIONS * CLAIMS MADE FORM RETRO DATES: 11-7-97 12-12-00 SEE ATTACHED ENDORSEMENT reoTlcIf-ATC unt nac rAMCFI 1 ATIInM CITYOFL SHOULD ANY OF THE ADM DI SCRIWD POLICES 99 CANCELLED BEFORE THE WMTION DATE THEREOF, THE Issu1NG INSURER WILL ENDEAVOR To MAIL 30 DAYs wmrmm NOTICE TO THE CERTSICArE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL THE C STY OF LUBBOCK IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. BOX 2000 LUBBOCK TX 79457 REFIIESENTATMIL, AUTHORIZED REFRESENTATIVE ILEWIS P. HENDERSON ACORD 25 (2001 r0s) 1W NMVRY VVRr-VI\X1"m 1.w00 No Text COMMERCIAL GENERAL LIABILITY UG GL 10 07 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDMENT OF PRIMARY AND EXCESS PROVISIONS (ADDITIONAL INSUREDS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A With respect to any person or organization who has been added by endorsement as an additional insured, this coverage shall be excess over any other valid and collectible insurance available to such additional insured, whether on a primary, excess, or contingent basis or on any other basis unless you and the additional insured have agreed in writing in a contract or agreement prior to loss that this insurance be primary with respect to liability arising out of the premises or ongoing operations for which the person or organization has been added as an additional insured. Where required by written contract or agreement, we will treat any other primary liability insurance available to the additional insured as excess to this insurance. B. The Other Insurance Condition - Section IV - Commercial General Liability Condltions, including, if applicable, the provisions of endorsement CG 00 55, Amendment Of The Other Insurance Condition - is amended accordingly UG GL 10 07 01 Includes copyrighted material of insurance services Office, Inc., Page 1 of 1 with its permission. IkMI - What Does "Separation of Insureds" Mean ---Part 1 Page 1 of 4 IRMI Insights What Does "Separation of Insureds" Mean --Part 1 June 2001 Most liability insurance policies contain a "severability of interests" condition, which stipulates that coverage applies "separately" to each insured. This article, and the two to follow, examine coverage issues raised by this condition In the ISO CGL policy. by Jeff Wood_WA IRMI Most liability insurance policies contain a "severability of interests" condition, which stipulates that the policy's coverage is to apply "separately" to each insured against whom a claim is made. Severability of Interests guarantees that the policy will respond to a suit brought against one insured by another insured. It also makes clearer the meaning of exclusionary provisions in the policy that address acts or omissions of "the insured"; that phrase, interpreted In light of a severability of interests provision, must be read as applying only to the insured who is looking for coverage under the policy. "The insured" does not mean "any insured." In standard Insurance Services Office, Inc. (ISO), coverage forms (businessowners, commercial property, commercial general liability), severability of interests is addressed in policy conditions entitled "Separation of Insureds"; or (in the ISO business auto policy) language equivalent to a separation of insureds provision is contained in the definition of "insured." In this IRMI Insights article, and in two to follow, I would like to take a look at coverage issues raised in particular by the Separation of Insureds condition of the ISO commercial general liability form. Because equivalent language is found in other standard Insurance policies, however, the points raised here will have relevance to commercial property and commercial automobile insurance as well. This first Installment of the discussion will deal with subsection 1 of the commercial general liability (CGL) insurance policy's Separation of Insureds condition (Condition 7). Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: http://www.irmi.com/Insights/Articies/2001/WoodwardO6.aspx 2/28/2005 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)