AMENDMENT #1
TO
CONTRACT # 030321-KON
THIS AMENDMENT is by and between Sourcewell and Konica Minolta Business Solutions U.S.A., Inc. (Vendor).
Sourcewell awarded a contract to Vendor to provide Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services to Sourcewell and its Participating Entities, effective April 22, 2021, through April 19, 2025 (Contract).
The parties wish to amend the following terms within the Contract.
1. This Amendment is effective upon the date of the last signature below.
2. Attachment A, Line 50 is amended to add the following offering below; and Exhibits B and B-1 are attached and included in this Amendment:
Purchase Order only transaction. The following language must be incorporated into the member or participating entity’s purchase order when ordering Advantage Lease (hardware with maintenance included):
This purchase order incorporates the terms and conditions of the Konica Minolta Sourcewell Contract No. 030321-kon specifically those financing terms from the Financing Agreement referenced in Attachment A Table 10, attached as Exhibit B and Exhibit B-1 as set forth in https://kmbs.konicaminolta.us/kmbs/microsites/sourcewell contract for full terms and conditions that govern and control financing transactions which we have read and expressly agree to be bound by, as the controlling terms over any preprinted terms stated on this purchase order.
Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell Konica Minolta
Business Solutions U.S.A., Inc.
By: By:
Jeremy Schwartz, Chief Procurement Officer Kristen McKenna
Date: Title:
Approved: Date:
By:
Chad Coauette, Executive Director/CEO
Date:
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SOURCEWELL AND
KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.
ADOPTION AGREEMENT
This Adoption Agreement is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 U.S.A. (Sourcewell) and Konica Minolta Business Solutions U.S.A., Inc., 1595 Spring Hill Road, Suite 410, Vienna, VA (Konica Minolta).
Sourcewell and Konica Minolta are parties to the Contract bearing Contract number 030321- KON, effective April 22, 2021 (Contract), pursuant to which Konica Minolta provides equipment, products, or services to Sourcewell Participating Entities in the United States. Konica Minolta wishes to adopt the Contract for sales in Canada and Sourcewell agrees to such adoption in Canada.
1. TERM OF ADOPTION AGREEMENT
The Adoption Agreement is effective upon the date of the final signature below. The Term of the Adoption Agreement will be the same as the term of the Contract. If the Contract terminates for any reason or expires, the Adoption Agreement will terminate or expire at the same time.
2. ADOPTION OF CONTRACT
Sourcewell and Konica Minolta enter into this Adoption Agreement, which incorporates by reference the terms and conditions of the Contract, and modifies the terms and conditions of the Contract only as provided herein. For purposes of this Adoption Agreement, Konica Minolta Canada will be considered “Vendor” under the Contract.
A. Ratification. Except as set forth in this Adoption Agreement, the Contract is hereby ratified and confirmed and except as modified by this Adoption Agreement, all terms and conditions are hereby incorporated by reference and remain in full force and effect with the same force and effect as if the full text were presented in its entirety.
B. Conflict. In the event of any conflict between the terms of the Contract, any previous or future amendment(s) and this Adoption Agreement, this Adoption Agreement will control.
3. PROVISIONS OF THE ADOPTION AGREEMENT
The following changes to the Contract are applicable to all equipment, products, or services in Canada:
A. All acquisitions made by Sourcewell Participating Entities under the Agreement in Canada will be delivered and invoiced by Konica Minolta’s Canadian affiliate, Konica Minolta Business Solutions (Canada) Ltd. with an address at 5875 Explorer Drive, Mississauga,
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Ontario L4W 0E1.
B. Customer will be invoiced for the sale of Products and related Services in Canada in Canadian Dollars as follows:
1. Prices will be converted to Canadian Dollars every calendar quarter (Jan-March, April- June, July-Sept, Oct-Dec) and will be valid for that period. Exchange rates will be provided to the Customer according to the average exchange rate between U.S.
Dollars and Canadian Dollars over the preceding 90 days as published on www.oanda.com .
2. All taxes for the acquisition of Products and related Services procured in Canada will be assessed in accordance with the applicable Canadian local, provincial, and federal laws and regulations.
3. Standard Services will be provided during normal business hours, from 8:30 am to 5:00 pm (local time), Monday through Friday, exclusive of core Canadian federal and provincial holidays observed by the local Konica Minolta affiliate. Pricing for extended coverage Services will be quoted upon request.
4. Should Customer elect to lease hardware, the lease will be governed by separate and stand-alone lease agreement(s), and local Konica Minolta affiliate will liaise between Customer and local Konica Minolta’s finance partner.
Except as modified herein, the Contract remains in full force and effect, and the parties hereby ratify the Contract as amended herein and agree to be bound by its terms with respect to the equipment, products, or services in Canada as contemplated by this Adoption Agreement.
Sourcewell Konica Minolta Business Solutions U.S.A., Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Printed Name:
Title: Chief Procurement Officer
Title: _______________________
Date: ________________________ Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Rev. 2/2020 Sourcewell RFP #030321
Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
RFP # 030321
REQUEST FOR PROPOSALS
for
Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Proposal Due Date: March 3, 2021, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada.
A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [ https://proportal.sourcewell-mn.gov] . Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than March 3, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.
Solicitation Schedule
Public Notice of RFP Published: January 12, 2021, 8:00 a.m., Central Time Pre-proposal Conference: February 10, 2021, 10:00 a.m., Central Time Question Submission Deadline: February 24, 2021, 4:30 p.m., Central Time Proposal Due Date: March 3, 2021 4:30 p.m., Central Time Late responses will not be considered.
Opening: March 3, 2021, 6:30 p.m., Central Time **
** SEE RFP SUB-SECTION V. G. “OPENING”
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I. ABOUT SOURCEWELL PARTICIPATING ENTITIES
A. SOURCEWELL
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.
Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors’ potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
x Federal and state government entities;
x Cities, towns, and counties/parishes;
x Education service cooperatives;
x K-12 and higher education entities;
x Tribal government entities;
x Some nonprofit entities; and
x Other public entities.
In Canada, Sourcewell’s contracts are available for use by:
x Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; x Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities;
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x Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; x Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM).
For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country’s listing): https://www.sourcewell- mn.gov/sourcewell-for-vendors/agency-locator.
Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.
To meet Participating Entities’ needs, public notice of this RFP has been broadly published, including notification in the United States to each state-level procurement department for possible re-posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. EQUIPMENT, PRODUCTS, AND SERVICES
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services including, but not limited to:
a. Copiers, printers, scanners, and multi-function devices for the purpose of print, duplication, reproduction, or imaging of documents or material across a broad range of
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output formats, qualities, and sizes, and in a variety of device capacities, functionalities and capabilities, such as mobile, desktop, and production units, and black & white or color format;
b. Hardware, software, supplies, consumables, and accessories related to the copiers, printers, scanners, and multi-function devices described in subsection 1. a. above;
c. Managed Print Services (MPS) solutions related to the copiers, printers, scanners, and multi-function devices described in subsection 1. a. above. However, this solicitation should NOT be construed to include “MPS-only” solutions. Proposers may include related print management solutions to the extent that the solutions are complementary to the offering of the equipment and products being proposed; and,
d. Services related to the solutions described in subsections 1.a. – c. above, including access or security controls, networking, installation, monitoring or testing, maintenance or repair, and warranty programs. However, this solicitation should NOT be construed to include “service-only” solutions. Proposers may include related services to the extent that these solutions are complementary to the offering of the equipment and products being proposed.
2. The primary focus of this solicitation is on Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services. This solicitation should NOT be construed to include:
a. Production-grade 3D Printers; and,
b. The offering of paper products or supplies.
3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
a. Managed Service Provider (MSP) for Information Technology and I.T. Staff Augmentation (RFP #020817)
b. Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services (RFP #121218) c. Wireless Voice and Data Services with Related Solutions, Equipment, and Accessories (RFP #080119)
d. Technology Catalog Solutions (RFP #080419)
e. Industrial and Workplace Storage Systems with Related Accessories (RFP #010920) f. Office Supply Catalog Solutions (RFP #012320)
g. Public Sector and Education Administration Software Solutions with Related Services (RFP #090320)
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Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.
Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed.
Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.
Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
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Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $100 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.
F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.
The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer’s sales and service capabilities. It is expected that Proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.
2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer’s information and may request clarification from a Proposer, including samples of the proposed equipment or products.
3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.
4. A Proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
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a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.
2. The Proposer’s ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price;
3. Stated in U.S. and Canadian dollars (as applicable); and
4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).
Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal.
B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the Proposal being disqualified from further review and evaluation.
To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all ([KLELW
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requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer’s Proposal. Exceptions must:
1. Clearly identify the affected article and section, and
2. Clearly note what language is requested to be modified.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded vendor for signature.
If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.
V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.
All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.
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Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the solicitation due date and time.
If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer’s proposal status to INCOMPLETE. The Proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Proposal (and up to the Proposal due date). If the Proposer’s Proposal status has changed to INCOMPLETE, the Proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the Proposer’s sole responsibility to ensure that the proposal is received on time.
It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues.
Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].
To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.
Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the Proposer attesting that the information contained in in the proposal is ([KLELW
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true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
x In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
x Complete. A proposal will be rejected if it is conditional or incomplete. x Submitted in English.
x Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the Proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a Proposer may withdraw its proposal.
G. OPENING
The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.
To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is necessary to meet the needs of Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
x The number of and geographic location of:
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o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use.
o A Proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. x Total evaluation scores.
x The attributes of Proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell’s knowledge about a specific vendor or product.
B. AWARD(S)
Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time.
A protest must include the following items:
x The name, address, and telephone number of the protester; x The original signature of the protester or its representative; ([KLELW
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x Identification of the solicitation by RFP number;
x A precise statement of the relevant facts;
x Identification of the issues to be resolved;
x Identification of the legal or factual basis;
x Any additional supporting documentation; and
x Protest bond in the amount of $20,000, except where prohibited by law or treaty.
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected.
Sourcewell reserves the right to:
x Modify or cancel this RFP at any time;
x Reject any and all proposals received;
x Reject proposals that do not comply with the provisions of this RFP; x Select, for contracts or for discussion, a proposal other than that with the lowest cost; x Independently verify any information provided in a Proposal; x Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
x Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
x Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer; and negotiate with more than one Proposer;
x Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
x Award a contract to one or more Proposers if it is in the best interest of Participating Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the Proposer’s responsibility to clearly identify any data submitted that it ([KLELW
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considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law.
Sourcewell will not consider the prices submitted by the Proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition.
The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.
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1/14/2021
Addendum No. 1
Solicitation Number: RFP 030321
Solicitation Name: Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is there a list of numbers of pieces of equipment that we are to bid on? Answer 1:
Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A respondent is allowed to propose the entire line of products and services falling within the scope of the RFP. Section II. B. of the RFP addresses the requested equipment, products or services for this solicitation. Sourcewell participating entities include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada.
End of Addendum
Acknowledgement of this Addendum to RFP 030321 posted to the Sourcewell Procurement Portal on 1/14/2021, is required at the time of proposal submittal.
([KLELW
1/19/2021
Addendum No. 2
Solicitation Number: RFP 030321
Solicitation Name: Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is the scope of this RFP, small format cut sheet in nature or does it include wide format technical devices and if so, can you provide any technical guidelines? Answer 1:
Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in RFP Section II. B. (Requested Equipment, Products and Services). A proposal that is not in substantial compliance with the requirements of the RFP will be considered nonresponsive.
End of Addendum
Acknowledgement of this Addendum to RFP 030321 posted to the Sourcewell Procurement Portal on 1/19/2021, is required at the time of proposal submittal.
([KLELW
1/24/2021
Addendum No. 3
Solicitation Number: RFP 030321
Solicitation Name: Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
In reference to Specifications, Table 11: Pricing and Delivery, Item 53: If a respondent is providing guaranteed discounts by category, is a Price list by line item still required? Answer 1:
It is left to the discretion of each proposer to determine and propose the pricing approach that aligns with their business methods and satisfies all the requirements of RFP Section III - Pricing. Proposals are evaluated based on the criteria stated in the RFP.
Question 2:
In reference to Specifications, Table 6: Ability to Sell and Deliver Service: Can Sourcewell define "U.S. Territories"?
Answer 2:
It is left to the discretion of each proposer to identify their ability to serve current and potential Sourcewell participating entities located in U.S. Commonwealths, Territories, and Possessions.
Question 3:
In reference to Specifications, Table 5: Top Five Government or Education Customers, can a manufacturer respondent provide the Top Five Government or Education customers willing to provide a reference?
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Answer 3:
It is left to the discretion of each proposer to determine the content and format of the data and documentation that best represents their proposal. Sourcewell will consider the relevant information submitted in each proposal and apply the evaluation criteria as set forth in the RFP.
Question 4:
In reference to Specifications, Table 3: Industry Recognition & Marketplace Success, Items 19 and 20: If a Manufacturer is not allowed to disclose the annual sales revenue for contracts without the express permission of the Lead State, GSA or Procurement official managing the contract for that State or Federal agency, can a manufacturer meet this requirement by providing Sourcewell the Procurement official's contact name and phone or email that is publicly available so Sourcewell can obtain this information? Answer 4:
It is left to the discretion of each proposer to determine the content and format of the data and documentation that best represents their proposal. Sourcewell will consider the relevant information submitted in each proposal and apply the evaluation criteria as set forth in the RFP.
Question 5:
In reference to Specifications, Table 3: Industry Recognition & Marketplace Success, Items 17 and 18: If a respondent can provide the total sales for the U.S. for the past three years as a manufacturer since that information is available publicly, but is not able to provide the exact percentage of Government or Education sales, will the respondent be disqualified?
Answer 5:
It is left to the discretion of each proposer to determine the content and format of the data and documentation that best represents their proposal. Sourcewell will consider the relevant information submitted in each proposal and apply the evaluation criteria as set forth in the RFP.
Question 6:
Should each vendor propose their own leasing terms and conditions or will Sourcewell provide leasing terms and conditions?
Answer 6:
It is left to the discretion of each proposer to determine and propose the pricing approach that aligns with their business methods and satisfies all the requirements of RFP Article III - Pricing. Additionally, refer to Sourcewell contract template Section 6. B. – ([KLELW
Additional Terms and Conditions/Participating Addendum. “Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. … Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.” Question 7:
Can the total revenue achieved by Sourcewell for the last year be provided for the existing printer and copier contracts?
Answer 7:
Each RFP is an opportunity independent of any other prior, current or future Sourcewell solicitation. However, the composite sales volume on all awarded contracts resulting from the past Sourcewell solicitation for “Multi-Function Copiers, Printers, and Equipment Applicable to Scanned Data and Management, Image Duplicating, and Related Solutions, Accessories, Supplies, and Services” (RFP 083116), in the most recent twelve month period for which data is presumed to be complete, is approximately USD $65 Million. Refer also to RFP Section II. E. Estimated Contract Value and Usage - “Sourcewell anticipates considerable activity under the contracts(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.” Question 8:
Please confirm that the clause, "Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed" includes those related items covered in the categories referenced in RFP Section III. B. 3.
Answer 8:
RFP Section III. B. 3. identifies equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell that have been excluded from consideration under this RFP. Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in RFP Section II. B (Requested Equipment, Products and Services). However, only those products within the scope of this RFP will be included in any contract awarded by Sourcewell.
End of Addendum
Acknowledgement of this Addendum to RFP 030321 posted to the Sourcewell Procurement Portal on 1/24/2021, is required at the time of proposal submittal.
([KLELW
2/10/2021
Addendum No. 4
Solicitation Number: RFP 030321
Solicitation Name: Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
The RFP says the term of the contract is 4 years, with up to two one-year extensions, but Article 1. B. of the template contract states “it may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.” Please clarify.
Answer 1:
The RFP allows Sourcewell to consider a second, one-year term extension of an awarded contract in an extraordinary circumstance. However, the contract template accurately reflects the language that will be included in the original contract extended to an awarded proposer, which is that it “may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.” Question 2:
In reference to template contract Section 6. A.- Orders and Payment, it states “Vendor’s acceptable forms of payment are included in Attachment A”. Where is Attachment A located?
Answer 2:
Prior to execution of an awarded contract, the vendor’s proposal will be attached to the contract as indicated in Section 2. A. of the contract template, and the proposal is the referenced “Attachment A” in Article 6 of the contract template.
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End of Addendum
Acknowledgement of this Addendum to RFP 030321 posted to the Sourcewell Procurement Portal on 2/10/2021, is required at the time of proposal submittal.
([KLELW
2/12/2021
Addendum No. 5
Solicitation Number: RFP 030321
Solicitation Name: Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Can Sourcewell confirm if Non-Profit Houses of Worship are eligible Participating Entities that can utilize this contract?
Answer 1:
Participation in Sourcewell is available to all government entities; public and private K- 12 schools, colleges and universities; and nonprofit organizations.
Question 2:
Regarding Line Item no. 8, "What are your company's expectations in the event of an award?", can Sourcewell clarify if these expectations are revenue expectations, Sourcewell support expectations, or another type of expectation? Answer 2:
In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of the proposer to provide the information they deem necessary to best reflect their proposal.
End of Addendum
Acknowledgement of this Addendum to RFP 030321 posted to the Sourcewell Procurement Portal on 2/12/2021, is required at the time of proposal submittal.
([KLELW
2/17/2021
Addendum No. 6
Solicitation Number: RFP 030321
Solicitation Name: Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Could you share the spend on the current Office Equipment (Copiers, Printers, Software & Specialty Products) contract between the US and Canada? Answer 1:
Sourcewell does not maintain contracts from a solicitation titled, “Office Equipment (Copiers, Printers, Software & Specialty Products)”, at the present time. The approximate reported cumulative spend through all awarded contracts resulting from the past Sourcewell solicitation for “Multi-Function Copiers, Printers, and Equipment Applicable to Scanned Data and Management, Image Duplicating, and Related Solutions, Accessories, Supplies, and Services” (RFP 083116), as allocated between the US and Canada, is:
US: $265,242,100
Canada: $ 2,900
End of Addendum
Acknowledgement of this Addendum to RFP 030321 posted to the Sourcewell Procurement Portal on 2/17/2021, is required at the time of proposal submittal.
([KLELW
2/18/2021
Addendum No. 7
Solicitation Number: RFP 030321
Solicitation Name: Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Will Sourcewell consider a one-week extension to the current deadline due to the recent weather situation.
Answer 1:
An extension to the due date is not anticipated at this time.
End of Addendum
Acknowledgement of this Addendum to RFP 030321 posted to the Sourcewell Procurement Portal on 2/18/2021, is required at the time of proposal submittal.
([KLELW
2/22/2021
Addendum No. 8
Solicitation Number: RFP 030321
Solicitation Name: Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Can Sourcewell provide any requirements expected or required for contract support website that awarded vendors are to provide?
Answer 1:
Each proposer, in its discretion, will determine the content of its marketing plan. The solicitation is a competitive process and proposals will be evaluated on the content submitted.
Question 2:
Can you provide further clarification to question 14 - is Sourcewell looking for valid business licenses to operate in all States in the US and Provinces in Canada, or just more technical certifications/licenses as it relates to the services our organization provides? Answer 2:
In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. So, each proposer, in its discretion, will determine and provide the narrative content and supporting material that aligns with their business methods and best represents their capabilities.
End of Addendum
Acknowledgement of this Addendum to RFP 030321 posted to the Sourcewell Procurement Portal on 2/22/2021, is required at the time of proposal submittal.
([KLELW
2/23/2021
Addendum No. 9
Solicitation Number: RFP 030321
Solicitation Name: Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Regarding Section 21, how would the vendor know if the Participating Entities use federal grants or FEMA funds?
Answer 1:
Refer to Sourcewell contract template Sections 6. A. and 6. B. Typically, a participating entity will issue an order directly to Vendor.
A proposer may request a modification to the Sourcewell contract template as part of a proposal. To request a modification to the template contract terms, conditions, or specifications, a proposer may complete and submit the Exceptions to Terms, Conditions, or Specifications Table, which is found as the final Table of Step 1 in the proposal submission process.
End of Addendum
Acknowledgement of this Addendum to RFP 030321 posted to the Sourcewell Procurement Portal on 2/23/2021, is required at the time of proposal submittal.
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Konica Minolta #030321-KON
Sourcewellparticipatingagenciescanfindpricingforcontract#030321-KONatthelinksbelow:
Pricing Catalog
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1 2024
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Classification and Compensation Study)
(Parties: Evergreen Solutions, LLC and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2024 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and EVERGREEN SOLUTIONS, LLC (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services for a classification and compensation study; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposals Classification and Compensation Study Services” (hereinafter, “CITY RFP”) dated August 29, 2024, and the written proposal of CONSULTANT entitled “A Proposal to Provide Classification and Compensation Study Services to the City of Bell Gardens, CA” (hereinafter, the “CONSULTANT Proposal”) dated September 26, 2024. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the ([KLELW
2 document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.2 PROSECUTION OF WORK:
A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before June 30, 2025 (the “Completion Date”);
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner;
D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with Section “5.0 Pricing” commencing Page 85 of the CONSULTANT PROPOSAL (hereinafter, the “Fee Schedule”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of FORTY-FIVE THOUSAND DOLLARS ($45,000) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.4 CONTINGENCY: As authorized by the City Council at its Regular Meeting of November 11, 2024, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code, as the same may be amended from time to time, or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Not-to-Exceed Sum without further City Council approval provided such additional expenditures do not cumulatively exceed an annual amount of Five Thousand Dollars ($5,000). Any such additional ([KLELW
3 expenditures must be approved by the City Manager in writing before they may be incurred.
1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT ’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Manuel Carrillo, Director of Finance and Administrative Services (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement.
The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Jeff Ling, ([KLELW
4 PhD, President, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
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5 G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons ([KLELW
6 or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by ([KLELW
7 CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no ([KLELW
8 less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor ’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is ([KLELW
9 canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
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10 4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this
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11 Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(i) that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
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12 In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
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13 F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this ([KLELW
14 Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Evergreen Solutions, LLC
2528 Barrington Circle
Unit #201
Tallahassee, FL 32308
Attn: Jeff Ling, PhD, President
Phone: 850-383-0111
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Manuel Carrillo, Director of
Finance and Administrative
Services
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class ([KLELW
15 postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the ([KLELW
16 successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of ([KLELW
17 the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
EVERGREEN SOLUTIONS, LLC:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
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19 EXHIBIT “A”
CITY RFP
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REQUEST FOR PROPOSALS
CLASSIFICATION AND COMPENSATION
STUDY SERVICES
RFP Release Date
Thursday, August 29, 2024
Proposal Submittal Deadline
Monday, September 30, 2024, at 12:00pm
Contact Person:
Andrew J. Tse, Human Resources Manager
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
[email protected]
(562) 806-7718
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2 TABLE OF CONTENTS
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806 -7700 • www.bellgardens.org
TABLE OF CONTENTS ...................................................................................................... 2 I.INTRODUCTION .......................................................................................................... 3 II. SUBMITTAL PROCEDURES/DEADLINE ....................................................................... 4 III. SCHEDULE ................................................................................................................... 4 IV. TERMS AND CONDITIONS .......................................................................................... 4 V. SCOPE OF SERVICES .................................................................................................. 8 VI. CITY OF BELL GARDENS RESPONSIBILITY ........................................................... 11 VII. PROPOSAL FORMAT AND CONTENT REQUIREMENTS ....................................... 11 VIII. EVALUATION CRITERIA .......................................................................................... 13 IX. SELECTION PROCESS .............................................................................................. 13
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3 I. INTRODUCTION
The City of Bell Gardens was incorporated as a general law city in 1961 and is rich in history. It is bordered by the City of Commerce, Downey, South Gate and Bell. The City has a population of approximately 44,000 in an area of 2.5 square miles and is located in the southeastern part of Los Angeles County. The City boasts of offering beautiful parks, emerald green soccer fields, childcare centers, a sparkling lake stocked with fish and waterfowl, and a community golf course. The City has 147 full-time employees, and approximately 128 part-time at-will employees, depending on the season.
The City of Bell Gardens (“City”) invites qualified Consultants to conduct a Citywide Employee Classification and Compensation Study (“Services”) as described herein.
The purpose of the Classification and Compensation Study is to review the City’s classification system and compensation plan to assess the alignment of job specifications of positions to the City’s workflow and service needs, as well as determining the competitiveness of the City’s compensation in the regional job market.
The City’s objectives are 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; provide 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.
All work will be done with the regular involvement of the Director of Finance & Administrative Service, the Human Resource Manager, as well as Department Heads and other key personnel as necessary. Regular presentations and meetings with these individuals or groups, incorporating their input into the process, are expected.
It is the intent of the City to select a single Consultant or Consultants to provide the requested Services. However, the City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it will be awarded to the Consultant, who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs.
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4 II. SUBMITTAL PROCEDURES/DEADLINE
Proposals must be submitted electronically via email to [email protected] no later than 12:00 p.m. on Thursday, September 26, 2024. The subject line should read “Classification and Compensation Study Services Proposal.” Late proposals will not be considered. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
All times posted are in pacific standard time (PST).
III. SCHEDULE
The tentative schedule for this RFP is as follows:
SCHEDULE
RFP Available Online Thursday, August 29, 2024
Proposal Due Date Monday, September 30, 2024,
12:00 P.M.
Proposal Review Period Wednesday, October 2, 2024 –
Wednesday, October 30, 2024
Council Action/ Approval of Contract Monday, November 11, 2024
*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids .
All times posted are in pacific standard time (PST).
IV. TERMS AND CONDITIONS
PROFESSIONAL SERVICES AGREEMENT
Upon conclusion of the RFP process, the Finance and Administrative Services Department will recommend a proposer to the City Council. The successful Proposer will
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5 be required to enter into a Professional Services Agreement with the City. A copy of the City’s Professional Services Agreement is attached and incorporated as Exhibit “A” as a sample for proposers to review the terms and conditions prior to submitting a proposal.
The proposal process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City’s needs and objectives and scope of work. The sample Professional Service Agreement (Exhibit “A”) is not to be completed by proposers.
GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A. Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City’s objectives.
B. Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed.
Incomplete proposals may be considered non-responsive and may be rejected in the City’s discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that it has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.
C. Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 7920.000 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal
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6 “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as nonresponsive.
D. Proposer shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for agreement discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a proposer is awarded an agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the proposer’s participation in this RFP process. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
E. The City operates and is funded on a fiscal year basis from July 1st to June 30th.
Accordingly, the City reserves the right to terminate, without any liability, any agreement for which funding is not available.
F. The City shall not be responsible for any verbal communication between any employee of the City and any proposer. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract.
G. Receipt of an addendum of the RFP by a proposer must be acknowledged by submitting the signed addendum with the proposal.
H. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each proposer agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below.
I. The City may, in the evaluation of proposals, request clarification from proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.
J. By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.
K. Negotiations may be conducted with responsible proposers who submit proposals that are reasonably susceptible of being selected. All proposers reasonably
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7 susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single agreement, the City reserves the right to negotiate an agreement with more than one proposer.
L. The City expects the highest level of ethical conduct from proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior.
M. The City reserves the right to reject any and all proposals received as a result of this RFP. The City’s potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal.
If an agreement is awarded, it will be awarded to the Proposer who in the judgment of the City, has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal(s) is best for the City. The City reserves the right to cancel or modify this RFP. There is no guarantee that the City will award an agreement.
N. If an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked proposer.
O. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
1. Evidence of collusion, directly or indirectly, among proposers in regard to the amount, terms, or conditions of this proposal;
2. Any attempt to improperly influence any member of the selection staff;
3. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
4. Evidence of incorrect information submitted as part of the RFP;
5. Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
6. Proposer’s default under any agreement, which results in termination of the Agreement.
P. Acceptance of any proposal is contingent upon the Proposer’s certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the City’s Municipal Code.
Q. The successful Proposer shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the agreement.
R. Any questions or clarification related to the contents of the RFP must be submitted to Andrew J. Tse, Human Resources Manager, at least five (5) calendar days prior
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8 to the due date of proposals. Oral explanations or instructions given prior to the opening of the offer shall not be binding. The City shall issue any official Addendums in writing or via https://www.bellgardens.org/i-want-to/view-bids- rfps/rfps-and-bids to all proposers.
V. SCOPE OF SERVICES
The selected Proposer will provide the services as described in the Scope of Services identified below. Modifications of the Scope of Services through negotiation and/or by written addendum will be made a part of the future agreement.
The selected Proposer agrees to provide the following services in accordance with industry standards and standards set by City needs.
1. REQUESTED SERVICES
The Consultant shall perform requested services including, but are not limited to the following:
A. Scope of Services:
1. Prepare a study which will evaluate the present salary structure as compared to the specific job market for comparable positions in the public sectors.
2. Provide a comprehensive evaluation of all Full-Time positions within the City to determine relative worth within the organization for internal equity and for the establishment of pay ranges and step progressions within the ranges.
3. Review current job classifications, confirm, and recommend changes to hierarchical order of jobs using your evaluation system.
4. Establish appropriate benchmarking standards and conduct salary surveys as needed for similar positions with comparable municipalities in the region.
5. Identify potential pay compression issues and provide potential solutions.
6. Analyze and make recommendations for changes to the present compensation structure to remain competitive in the job market.
B. Information Meetings:
1. Consultant to schedule an initial meeting with the City Manager, Director of Finance & Administrative Services, and the Human Resources Manager to discuss the process and tasks to be performed in the study to include reasonable dedication of key personnel.
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9 2. Consultant to meet with Department Heads to explain study and process to be used.
3. Consultant to provide frequent updates to the Director of Finance and Administrative Services and the Human Resources Manager.
C. Classification Study:
1. Consultant to review current classification grade methodology and propose recommended strategies for the City.
2. Consultant to conduct interviews and/or job audits as appropriate.
Interviews and/or job audits may be conducted individually or in groups based upon classification.
3. Consultant to update 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 classification as needed.
4. Consultant to 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. Consultant to present proposed recommendations to the Director of Finance and Administrative Services and the Human Resources Manager for review prior to making any final classification determinations.
6. Consultant to finalize class specifications and recommend appropriate classification for each employee, including correction of identified discrepancies between existing and proposed classifications.
7. Consultant to finalize class specifications and recommend appropriate classification for each employee, including correction of identified discrepancies between existing and proposed classifications.
8. Consultant to identify career ladders/promotional opportunities as deemed appropriate.
9. Consultant to submit recommendations for appropriate implementation measures that the Human Resources staff will need to take.
10. Consultant to provide a straightforward, easily understood, maintenance system that Human Resources Department will use to keep the classification system current and equitable. The classification system should be provided in an electronic medium. Maintenance should include annual activities, as well as the process we would use in the review of the classification of individual jobs, as needed.
11. Consultant to conduct a comprehensive training program for Human Resources staff to ensure that the staff can explain and administer the new system in the future. The training program should be clearly spread out in the proposal.
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10 D. Compensation Study:
1. Consultant to review current compensation plan (salary grade levels and steps) and understand challenges with revenues and resources vs. recruiting and retaining employees.
2. Consultant to recommend and identify a consistent and competitive market position that the City can strive to maintain.
3. Consultant to review relevant public sector employers in the region for compensation survey.
4. Consultant to develop and conduct a comprehensive compensation and benefits survey.
5. Consultant to review current salary structure and make recommendations as needed and appropriate, for amendments to salary range as appropriate, for each position based on the classification plan, the compensation survey results, and the internal relationships and equality.
Consultant to prepare and recommend a new salary structure based on the results of the survey and best practices.
6. Consultant to develop guidelines to assist City staff with determining the starting pay for new employees based on knowledge and experience above the minimum requirements of the position, how difficult the position is to fill, and market competitiveness.
7. Consultant to identify any extreme current individual or group compensation inequities and to provide a recommended corrective action plan and process to remedy these situations.
8. Consultant to make recommendations and to provide implementation strategies related to other key compensation practices, based on market demands, including pay for performance, skill pay, special assignment pay, certification pay, bilingual pay, promotional pay, and acting assignment pay.
9. Consultant to provide system documentation and computer formats/software to administer compensation plan.
10. Consultant to provide recommendations for the ongoing internal administration and maintenance of the proposed compensation plan.
Maintenance should include annual activities such as market survey.
11. Consultant to conduct a compression analysis to include any recommendations for implementation.
12. Consultant to conduct a comprehensive training program for Human Resources staff to ensure that the staff can explain and administer the new system in the future. The training program should be clearly spelled out in the proposal.
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11 VI. CITY OF BELL GARDENS RESPONSIBILITY
The City is committed to timely review and selecting a Proposer that is the best fit and can provide the best value for the City and its employees.
The City will provide copies of all pay ranges, job classifications, and any other available in-house information requested by the selected consultant that may be required to complete the study.
VII. PROPOSAL FORMAT AND CONTENT REQUIREMENTS
The following instructions describe the form in which proposals should be submitted.
Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the required items may be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the Proposer’s capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a proposer from furnishing additional reports, functions, and costs as deemed appropriate.
The proposal should contain the following six (6) elements describing how the Proposer will perform the assignment:
1. Transmittal Letter:
a. A letter of transmittal signed by an individual authorized to bind the Proposer stating the Proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the Proposer’s ability to perform the work requested, a history of the Proposer’s background and experience providing services.
b. Conflict of Interest Statement: The Proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of the agreement. Particular attention should be paid to compliance with Government Code section 1090.
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12 2. Management and Staffing:
a. Describe the management and staffing configuration to be utilized to complete the scope of services. Describe the qualifications of staff, their title, and types and amount of equivalent experience. The proposal must indicate who will have primary responsibility for this service.
3. References:
a. List of all municipal agency clients, including current clients and any from the last five (5) years, contact name, telephone number, length of engagement for each, benefit programs brokered for these clients, and the number of participants included in the programs.
b. Listing of sub-consultants is not required. Sub-consultants may be added to individual project proposals on an as needed basis, as approved by the City. Sub-consultants’ resumes may be requested for approval.
4. Additions or Exceptions:
a. A single and separate section with the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL” containing a complete and detailed description of all the Proposer’s exceptions to the provisions and conditions of the attached City standard Professional Services Agreement.
5. Pricing:
a. Comprehensive, specific statement indicating the methodology that will be used, the number of staff needed, time to complete, and the total cost of the project.
6. Pending Litigation:
a. Include an explanation and status if in the last five years, the Proposer or an officer or principal of the Proposer has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.
7. Insurance:
a. Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample Professional Services Agreement, attached as Exhibit “A.”
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13 VIII. EVALUATION CRITERIA
The award of this agreement will be made to the most qualified Proposer whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the service provider to whom it is proposed to make such an award.
Proposals will be reviewed and evaluated by City Staff and ranked based on qualifications, expertise, and cost-effectiveness.
If further clarifications or negotiations are required, on-site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the Proposer(s).
The interview panel will be made up of staff members or representatives from the City.
Recommendations will be forwarded to the City Council for final selection and award.
Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.
Each proposal will be considered along with those of other responding proposers, with respect to ability to perform effectively and efficiently those Scope of Services outlined above in Section V, above.
Close coordination with the City is required to assure that all requirements will be met.
The City reserves the right to withdraw this RFP at any time without any prior notice.
Further, the City makes no representations that any agreement will be awarded to any proposer responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
IX. SELECTION PROCESS
All proposals submitted by the required deadline will be reviewed for adequacy, completeness, content, approach to service delivery, qualifications and other criteria developed during the review process.
The agreement will be awarded to the Proposer deemed by the City to be the best qualified for the scope of services. Proposers are encouraged to elaborate on their qualifications, performance data, and staff expertise relevant to the proposed project. ([KLELW
14 EXHIBIT “A”
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1 2024
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Employee Benefits Broker Services)
(Parties: INSERT CONSULTANT NAME and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2024 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME (hereinafter, “CONSULTANT”).
For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional qualified employee benefits broker services for group health and welfare benefits plans consisting of medical, dental, vision, life insurance, short-term / long-term disability insurance, EAP, COBRA Administration, and flexible spending account plans; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through INSERT DATE (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. The Term of the Agreement may be extended by the CITY subject to its same terms and conditions provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposals Employee Benefits Broker Services” (hereinafter, “CITY RFP”) dated May 7, 2024, and the ([KLELW
2 written proposal of CONSULTANT entitled “Proposal Training and Policy Consultant” (hereinafter, the “CONSULTANT PROPOSAL”). The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement;
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner;
D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the CONSULTANT PROPOSAL. The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, shall be as compensated to the CONSULTANT directly by the respective health plan carriers in the form of Commission. CONSULTANT shall provide notice to the City commissions received annually as required by law.
1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
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3 1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Manuel E. Carrillo, Director of Finance and Administrative Services, (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement.
The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood ([KLELW
4 and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s ([KLELW
5 profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined ([KLELW
6 by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per ([KLELW
7 occurrence, One Million Dollars ($1,000,000) personal and advertising injury limit, at least One Million Dollars ($1,000,000) premises and operations limit, and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed
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8 officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s ([KLELW
9 commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of ([KLELW
10 any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
4.8 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premiums paid by the CITY will be promptly reimbursed by CONSULTANT or CITY will issue notice of termination of Agreement and submit any outstanding balances to collections.
4.9 WORK OF NON-DESIGN PROFESSIONAL: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnify, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the City Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4.10 As to the duties of indemnify under Section 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any commission paid to the CONSULTANT by the carriers any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either: i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable worker’s compensation laws.
4.11 As to the duties of indemnify under Section 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers.
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11 4.12 As to the duties of indemnify under Section 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT I in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from other as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to ay person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorney’s fees incurred by counsel of CITY’s choice.
4.13 As to the duties of indemnify under Section 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required to pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.14 As to the duties of indemnify under Section 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the City may have at law or in equity..
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for ([KLELW
12 convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(i) that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any ([KLELW
13 duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights ([KLELW
14 and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, ([KLELW
15 schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
INSERT CONSULTANT NAME
INSERT ADDRESS
Attn: INSERT PERSON OF
CONTACT NAME
Phone: INSERT PHONE NUMBER
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Manuel E. Carrillo, Director of
Finance & Administrative Services
Phone: 562-806-7708
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
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16 6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
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17 6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and
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18 conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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19 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
CONSULTANT NAMEs:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
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20 EXHIBIT “A”
CITY RFP
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21 EXHIBIT “B”
CONSULTANT PROPOSAL
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20 EXHIBIT “B”
CONSULTANT PROPOSAL
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September 26, 2024
A Proposal to Provide
Classification and Compensation Study Services
to the City of Bell Gardens, CA
ORIGINAL
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Evergreen Solutions, LLC
Table of Contents
1.0 Transmittal Letter ................................................................................................................... 1-1
2.0 Management and Staffing ...................................................................................................... 2-1
2.1 Proposed Project Team ..................................................................................................2-1
2.2 Key Personnel .................................................................................................................2-2
3.0 References .............................................................................................................................. 3-1
3.1 Firm’s Background and History ......................................................................................3-1
3.2 Select Relevant History ...................................................................................................3-4
3.3 References ................................................................................................................... 3-64
4.0 Additions or Exceptions........................................................................................................... 4-1
5.0 Pricing ..................................................................................................................................... 5-1
6.0 Pending Litigation and Insurance ........................................................................................... 6-1
7.0 Methodology ........................................................................................................................... 7-1
7.1 Approach and Methodology ...........................................................................................7-1
7.2 Detailed Work Plan ....................................................................................................... 711
7.3 Proposed Timeline ....................................................................................................... 7-20
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Section 1.0
Transmittal Letter
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September 25, 2024 Andrew Tse, Human Resources Manager City of Bell Gardens 7100 Garfield Avenue Bell Gardens, California 90201 Dear Mr. Tse:
Evergreen Solutions, LLC is pleased to submit a proposal to provide Classification and Compensation Study Services to the City of Bell Gardens. Our response is based on our review of your Request for Proposals, our experience working with hundreds of local governments throughout the country, our understanding of the California labor market, and our knowledge of best practices in local government human resources management. EEvergreen is well qualified to provide the services being requested bby City of Bell Gardens as we have conducted more than 1,400 similar studies for local governments and other public sector organizations throughout the country.
Evergreen Solutions was formed in 2004 in Florida to provide an alternative to traditional consulting firms. We provide an innovative and effective option by focusing on clients needing partners and not simply another service provider. Evergreen is authorized to transact business in the State of California (#175722830).
As a national firm, Evergreen Solutions continues to grow and our territory now includes clients in 47 states. In the State of California, Evergreen has worked with the following public sector organizations in providing work similar in scope to the services being requested: City of Fresno; City of Thousand Oaks; City of Crescent City; City of Camarillo; City of West Hollywood; City of Sacramento; City of Yucaipa; City of Sangar; City of Long Beach - Long Beach Management Association; Mariposa County; Calaveras County; Inyo County; Pleasant Valley Recreation and Park District; Cosumnes Community Services District; Victor Valley Transit Authority; Superior Court of California, County of Imperial; Superior Court of California, County of Monterey; Hayward Unified School District; and the Los Angeles Unified School District.
In other states, Evergreen has worked with, or is currently on contract to work with, the following local governments in providing work similar in scope to the services being requested: City of Boulder City, NV; Ogden City Corporation, UT; City of Bend, OR; City of Portland, OR; City of Albany, OR; Columbia County, OR; Spokane County, WA; City of Ridgefield, WA; City of Washougal, WA; City of Manitou Springs, CO; Garfield County, CO; Grand County, CO; Ouray County, CO; City of Page, AZ; City of Prescott, AZ; City of Flagstaff, AZ; Yavapai County, AZ; Town of Sahuarita, AZ; City of Carlsbad, NM; City of Albuquerque, NM; City of Santa Fe, NM; Ft. Bend County, TX; Hood County, TX; Aransas County, TX; Jefferson County, TX; Brazoria County, TX; Randall County, TX; Kaufman County, TX; Matagorda County, TX; Denton County, TX; Travis County, TX; Town of Little Elm, TX; City of Kingsville, TX; City of Denton, TX; City of Odessa, TX; City of Austin, TX; City of Coppell, TX; City of Fate, TX; City of Seguin, TX; City of Portland, TX; City of Big Spring, TX; City of Pflugerville, TX; City of Buda, TX; City of Farmers Branch, TX; City of Alpine, TX; City of Fredericksburg, TX; City of Gonzalez, TX; City of Haskell, TX; City of La Porte, TX; City of Del Rio, TX; City of Conroe, TX; City of Amarillo, TX; City of Mont Belvieu, TX; City of Duncanville, TX, City of Sunset Valley, TX; The Woodlands Township, TX; Sedgwick County, KS; Shawnee County, KS; City of Leawood, KS; City of Salina, KS; City of Hot Springs, AR; City of Broken Arrow, OK; City of Lee’s Summit, MO; City of St. Peters, MO; City of St, Louis, MO; City of Branson, MO; City of Dardenne Prairie, MO; City of Columbia, MO; City of Troy, MO; Jasper County, MO; Jefferson County, MO; Jackson County, MO; St. Charles County, MO; City of Minneapolis, MN; Genesee County, MI; Mahoning County, OH; Blount County, TN; City of White House, TN; City of Murfreesboro, TN; City of Clarksville, TN; City of Winchester, KY; City of Bloomington, IN; City of Urbana, IL; City of Moline, IL; McLean County, IL; City of Pittsburgh, PA; County of Montgomery, PA; Town of Bridgewater, MA; City of Manchester, NH; City of Portsmouth, NH; Town of Wethersfield, CT; Genesee County, NY; City of Milford, DE; City of Hyattsville, MD; City of Baltimore, MD; City of Annapolis, MD; City of Westminster, MD; Frederick County, MD; Talbot County, MD; Allegany County, MD; Washington County, MD; Prince George’s County, MD; Kent County Levy Court, DE; City of Newport News, VA; City of Norfolk, VA; City of Petersburg, VA; City of Fredericksburg, VA; City of Falls Church, VA; City of Covington, VA; City of Williamsburg, VA; County of Culpeper, VA; County of York, VA; Gloucester County, VA; Chesterfield County, VA; Essex County, VA; Surry County, VA; Isle of Wight County, VA; Shenandoah County, VA; Prince George County, VA; Loudoun County, VA; Spotsylvania County, VA; King George County, VA; Alleghany County, VA; Union County, NC; Gaston County, NC; New Hanover County, NC; Guilford County, NC; Harnett County, NC; ([KLELW
Transylvania County, NC; Franklin County, NC; Onslow County, NC; Buncombe County, NC; City of Burlington, NC; City of Raleigh, NC; City of Goldsboro, NC; City of High Point, NC: City of Fayetteville, NC; City of Bennettsville, SC; City of Clemson, SC; City of Folly Beach, SC; City of Columbia, SC; City of Lancaster, SC; City of Greenwood, SC; City of Mauldin, SC; City of Goose Creek, SC; City of Pickens, SC; City of Isle of Palms, SC; Pickens County, SC; Berkeley County, SC; Charleston County, SC; Dorchester County, SC; Dillon County, SC; Spartanburg County, SC; Laurens County, SC; Oconee County, SC; Beaufort County, SC; Town of Mount Pleasant, SC; Town of Hilton Head Island, SC; Town of Cheraw, SC; City of Mobile, AL; City of Opelika, AL; City of Foley, AL; City of Auburn, AL; Baldwin County, AL; Chambers County, AL; Lee County, AL; City of Douglasville, GA; City of Atlanta, GA; City of Alpharetta, GA; City of Brookhaven, GA; City of Statesboro, GA; City of Garden City, GA; City of Cedartown, GA; City of Stockbridge, GA; City of Fayetteville, GA; City of Dublin, GA; City of Norcross, GA; City of Dunwoody, GA; City of Roswell, GA; City of Milton, GA; City of Sandersville, GA; City of Tybee Island, GA; City of Chamblee, GA; City of Savannah, GA; Lumpkin County, GA; Douglas County, GA; Cherokee County, GA; Spalding County, GA; City of Sarasota, FL; City of Orlando, FL; City of Palm Beach Gardens, FL; City of Panama City, FL; City of Hollywood, FL; City of Ft. Myers, FL; Miami-Dade County, FL; Palm Beach County, FL; Alachua County, FL; Manatee County, FL; Pinellas County, FL; Orange County, FL; Sarasota County, FL; and many others. Information regarding the services provided to some of these local governments as they relate to the services being requested can be found in SSection 3 of our proposal. The Evergreen Team is able to fully comprehend the challenges and goals of the City of Bell Gardens because of our vast understanding of local government human resources and the fact that we possess the necessary experience and expertise. Our team has significant expertise in providing classification and compensation study services to local governments and other public sector organizations throughout the country as can be seen in SSection 2 of our proposal.
Some of the human resource services Evergreen has focused on include: classification and compensation studies; salary and benefits surveys; pay equity studies; staffing studies; workload analyses; performance evaluation and appraisal system design; HR department reviews; recruitment, hiring, and retention studies; strategic and workforce planning; and labor pool availability. Through our experiences in conducting this wide range of projects, we have gained knowledge of all operations in local government human resources management. As a result, our team knows how critical an effective classification and compensation system is to the overall operation of a proficient and progressive municipality. Moreover, we have developed helpful methods and tools that assist our clients in implementing and maintaining our study recommendations.
Evergreen’s approach to providing classification and compensation study services draws not only from extensive human resources work with local government clients, but also from direct feedback of our past clients. In essence, we offer you tools that are innovative as well as those that have been proven to work in real places with real people. Some of the key facets of our approach as identified in SSection 7 of our proposal includes:
x We emphasize communication as the key to successful study completion as well as implementation. Our team understands that compensation by its very nature creates anxiety in staff and managers alike. In order to ensure a successful study process and “buy-in” at implementation, City leadership, department heads, and employees need to be involved in every step of the process. This is a critical component of our communication plan. Continuous communication is ensured through the use of meetings/conference calls and the submission of written progress reports. x Our methodology utilizes the latest in technology. In order to reduce the cost to our client partners and enhance wider participation, we offer all of our tools in an electronic format. In essence, every step of the process can be done on the Web. Further, our web-based JobForce Manager tool allows our client partners to facilitate implementation and eases the ongoing maintenance of the compensation system.
x We understand that one size does not fit all. Some consultants provide the same overall solution to every client; however, we provide a variety of alternatives that allow our client partners to select the solution that best meets their business and human capital needs.
As President of Evergreen Solutions, I am authorized to commit our firm contractually to this engagement. We have read your terms and conditions and believe we can successfully work within your requirements. Evergreen doesn’t have any financial, business or other relationship with the City that would cause a conflict of interest.
We appreciate this opportunity and commit to you our best effort if selected for this engagement. If you have any questions, please feel free to contact me at (850) 383-0111 or via email at [email protected].
Sincerely,
Jeff Ling, PhD, President
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Section 2.0
Management and Staffing
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2.0 Management and Staffing
In this section, we provide you with the qualifications of our proposed project team through summary resumes. Detailed resumes are available upon request.
22..11
PProposedd
PProjectt Team
Exhibitt 22-11 reflects our proposed project management and personnel assignments. The structure has been designed to clearly define the roles and responsibilities of each part of the Classification and Compensation Study Servicesso that there will be no confusion as to who is responsible for any aspect of this engagement with the City of Bell Gardens.
Exhibitt 22-11
Proposedd Projectt
MManagementt
Organizationn andd
PPersonnell
Assignments
EVERGREENN SOLUTIONSS
Projectt Consultantss
Mr.. Michaell Misrahii
Ms.. Kellii Bracci,, CPMM
Mr.. Peterr Backhauss
EVERGREENN SOLUTIONSS
Projectt Principall
Dr.. Jefff Ling,, CCPP
EVERGREENN SOLUTIONSS
Projectt Directorr
Mr.. Markk Holcombe,,
SHRM-SCP,, PMPP
CITYY OFF BELLL GARDENS,, CAA
Projectt Managerr
too bee determined
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CCity of BBell Gardens PProject 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.
EEvergreen 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, typically the President. The Project Principal will have contractual authority over the contract and will be our top level of project responsibility.
EEvergreen Solutions’ Project Director. Evergreen Solutions designates a Project Director for each HR consulting project. The Project Director will work with the Project Principal regarding the scheduling of the project with the City. 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.
EEvergreen 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, conduct orientation sessions and focus groups, administer the Job Assessment Tool (JAT) and Management Issues Tool (MIT), conduct a salary and benefits survey, revise pay plans, 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 Classification and Compensation Study Services for the City of Bell Gardens.
22..2
KKey Personnel
The following paragraphs provide summaries of each team member’s qualifications and experience related to his/her role in this engagement.
PProject PPrincipal
DDr. Jeff Ling, CCP Dr. Jeff Ling is the President of Evergreen Solutions who has been with the firm since its inception in 2004. He is a Certified Compensation Professional (CCP) who has more than 25 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.
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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.
A sample of the types of studies Dr. Ling has been involved with includes:
x CCompensation/Classification– He developed the methodology and techniques for organizations to employ for successful data collection and implementation based on internal and external equity needs. He has been the Project Principal for numerous projects related to classification and/or compensation. NNote: He has served as the Project Principal or Project Director for more than 1,400 public sector projects related to Classification and/or Compensation. x Performance Evaluation – He has provided the framework for many organizations transitioning into goal-based performance evaluation systems or fully functional merit-based pay structures. He understands the importance of a well stratified, objective based review process and has been instrumental in assisting a number of large organizations transition from traditional systems into merit- based pay structures with minimal transitional costs and interruption. x Market Research – He provided the basis for which market research was collected, analyzed, and review. He ensured that data collection procedures and methods were statistically reliable using his knowledge of statistics and overall market research.
x Policy Development – He has a thorough and firm understanding of policy development and has assisted many clients with implementing tailored policies and practices that reflect best practices.
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.
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PProject DDirector
MMr. Mark Holcombe,
SSHRM--SCP, PMP
Mr. Mark Holcombe has more than ten years of management and consulting experience and is recognized as a certified Project Management Professional (PMP) and a SHRM Senior Certified Professional (SHRM-SCP). He has been at Evergreen Solutions more than seven years, during which time he has promoted through the organization and has led Evergreen's largest local government practice for the past two years. His academic foundation in micro and macroeconomics, combined with his experience leading a business before joining Evergreen, has given him significant experience in leading teams, modeling and controlling costs, and working to provide a product that meets the needs of all stakeholders. This experience has been instrumental in ensuring that his team is able to translate complex and comprehensive data into actionable insights for his clients.
At Evergreen, Mr. Holcombe's emphasis has been in compensation and classification studies of varying size and scope. He has led projects with cities and counties, colleges and universities, K-12 school districts, transportation organizations, and statewide government organizations.
Some of his principal areas of expertise are:
x Refining client compensation and classification systems, ensuring alignment with HR best practices and meeting specific client needs. x Leading initiatives focusing on market competitiveness for large and complex public sector clients.
x Constructing reports and visuals to share complex findings in an approachable way.
x Crafting complex cost models to facilitate accurate budgetary projections for clients.
x Assessing market data, synthesizing information from a variety of sources to provide comprehensive compensation insights. x Redesigning classification systems to modernize and streamline titling conventions for entire organizations or within job families. x Conducting reviews centered around gender and racial equity in compensation systems, ensuring their adherence to local, state, and federal laws and regulations.
A sample of some of the public sector projects that Mr. Holcombe has been involved with include: a Classification and Compensation Study for the City of Yucaipa, CA; a Comprehensive Compensation Study for the City of Crescent City, CA; a Consultant Services for a Study of the City’s Compensation Plan and Benefits for the City of Sangar, CA; a Classification and Compensation Study for the City of Sacramento, CA; a Classification and Compensation Study for the City of West Hollywood, CA; a Classification and Compensation Study for the City of Thousand Oaks, CA; a Comprehensive Classification and Compensation Study for the City of Camarillo, CA; a Classification and Compensation Study for the Pleasant Valley Recreation and Park District, CA; a Classification and Compensation Study for the City of Fresno, CA; a Compensation Review for Mariposa County, CA; a Classification and Compensation Study for Inyo County, CA; a Compensation Study for the City of Bend, OR; a Professional Technical and Expert Services for the City of Portland, OR; a Classification and Compensation Study for the City of Ridgefield, WA; a Compensation Study for Grand County, CO; a Compensation and Classification Study for Garfield County, CO; a Classification and Compensation Study for the City of Prescott, AZ; A Compensation Study for the City of Flagstaff, AZ: a Classification, Compensation, and Benefits Study ([KLELW
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for Yavapai County, AZ: a Classification and Compensation Study for the City of Albuquerque, NM; a Compensation and Benefits Study for the Middle Rio Grande Conservancy District, NM; a Classification and Compensation Study/ Gender Pay Equity Analysis for the City of Santa Fe, NM; a Compensation Study for the City of Buda, TX; a Classification and Compensation Study and Analysis for Taylor County, TX; a Classification and Compensation Study for the City of Alpine, TX: a Compensation Study and FSLA Review for the City of La Porte, TX; a Compensation and Benefits Study for the City of Portland, TX; a Compensation Benchmarking and Structure Analysis for the City of Seguin, TX; a Compensation and Classification Study for the Woodlands Township, TX; a Classification and Compensation Study for the City of Mont Belvieu, TX; a Compensation and Classification for the City of Denton, TX; a Comprehensive Market Salary and Benefits Study for the City of Missouri City, TX; a Classification and Compensation Study for the City of Beaumont, TX; a Compensation and Benefits Survey and Analysis for the City of Deer Park, TX; a Compensation Study for the City of Duncanville, TX; a Staffing Study for the City of Pflugerville, TX; a Compensation Study for the City of Big Spring, TX; a Comprehensive Classification and Compensation Study for the City of Odessa, TX; a Compensation and Classification Study for the City of League City, TX; a Wage and Compensation Study for Jefferson County, TX; a Compensation Study for Aransas County, TX; a Classification and Compensation Study and Analysis for Waller County, TX; a Classification and Compensation Study for the City of Kingsville, TX; a Classification and Compensation Study and Analysis for Matagorda County, TX; a Classification and Compensation Study for Jasper County, MO; a Compensation Study for the City of Jefferson, MO; an Employee Classification and Compensation Study for the City of St. Louis, MO; a Compensation Study for the City of Fulton, MO; a Classification and Benefits Study for the City of St. Peters, MO; a Classification and Compensation Study for the City of Leawood, KS; a Comprehensive Compensation Study for Shawnee County, KS; a Classification and Compensation and Race/Gender Equity Study for the City of Salina, KS; a Compensation Study for Sedgwick County, KS; Classification and Compensation Consulting Services to the City of Clarksville, TN; Compensation Consulting to Lake Tran, OH; a Compensation Consultation Services for Genesee County, NY;a Classification and Compensation Study for Frederick County, MD; a Compensation Study for the City of Baltimore, MD; a Classification Study for Talbot County, MD; a Performance Management Study for Talbot County, MD; a Compensation Study for Allegany County, MD; a Classification and Compensation Plan for the City of Petersburg, VA; Consulting Services for a Compensation Program Transition for the City of Newport News, VA; a Classification and Compensation Study for the City of Hopewell, VA; a Classification and Compensation Study for Loudoun County, VA; a Compensation and Classification Study for Mecklenburg County, VA; a Compensation Consulting Services for Chesterfield County, VA; a Classification and Compensation Study for the City of Norfolk, VA; a Classification and Compensation Study for the City of Falls Church, VA; a Compensation and Classification Study for Bedford County, VA; a Comprehensive Compensation Study for Chesterfield County and Chesterfield County Public Schools, VA; a Pay Equity Analytics Model for Fire and Police Staff for the City of Raleigh, NC; a Comprehensive Classification and Compensation Study for the City of Fayetteville, NC; a Market Salary Survey for the City of Rocky Mount, NC; a Classification System and Pay Plan Development Study for Franklin County, NC; a Pay and Classification Study for Dorchester County, SC; a Classification and Compensation Study for the ([KLELW
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City of Mauldin, SC; a Compensation Study for Laurens County, SC; an Organizational Assessment of the HR Department for York County, SC; a Classification and Compensation Study for the City of Rome, GA; a Classification and Compensation Study for the City of Milton, GA; a Classification and Compensation Study for the City of South Fulton, GA; a Staffing Study for the City of Fayetteville, GA; a Classification and Compensation Study for the City of Thomasville, GA; a Comprehensive Position Classification and Compensation-Benefits Study and Analysis for the City of Kennesaw, GA; a Classification and Compensation Study for Barrow County, GA; a Classification and Compensation Study for the City of East Point, GA; a Classification, Compensation and Benefits Study for the City of East Point, GA; a Classification and Compensation Study for the City of Auburn, AL; a Compensation Study for the City of North Miami, FL; a Compensation Study for Manatee County, FL; a Classification and Compensation Study for the City of North Miami Beach, FL; a Compensation Study for the City of New Port Richey, FL; a Compensation and Classification Study for the Town of Davie, FL; a Classification and Compensation Study for Palm Beach County, FL; a Classification and Compensation Study for the Manatee County Sheriff’s Office, FL; a Compensation Study for the City of Key West, FL; a Classification and Compensation Study for Okaloosa County, FL; a Compensation Study for Brevard County, FL; a Compensation Study for the City of Fort Myers, FL; a Classification and Compensation Study for the Town of Hilliard, FL; a Classification and Compensation Study for Pinellas County, FL; and a Compensation Study for the City of Zephyrhills, FL.
Mr. Holcombe holds a Bachelor's Degree with a dual major in Economics and Criminology from Florida State University. He is a certified Project Management Professional (PMP) and holds a SHRM-SCP certification.
PProject CConsultant
MMr. MMichael Misrahi
Mr. Michael Misrahi is a Project Manager who has been with the firm for more than seven years. During that time, he has served as a Consultant or Project Lead on more than 100 HR consulting projects. He has extensive experience in the development and modification of compensation and classification plans, policies, and practices for organizations varying in size from a few dozen employees to several thousand.
Mr. Misrahi also served as the Compensation Manager at the University of Central Florida, where he oversaw a team of compensation analysts, and was responsible for administering the University’s compensation structure for over 10,000 employees.
A sample of some of Mr. Misrahi’s public sector projects include: a Compensation Study for Town of Sahuarita, AZ; a Classification and Compensation Study for the City of Prescott, AZ; Classification and Compensation Consulting Services to the City of Albuquerque, NM: a Classification and Compensation Study for Ouray County, CO; a Compensation Study for Grand County, CO; a Compensation and Classification Study for Garfield County, CO; a Pay for Performance and a Salary Survey for City of Mont Belvieu, TX; a Comprehensive Compensation and Benefits Study for the City of Sachse, TX; a Classification and Compensation Study for the City of Pflugerville, TX; a Staffing Study for the City of Pflugerville, TX; a Pay and Classification Study for the City of ([KLELW
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Fredericksburg, TX; a Classification and Compensation Study for the City of Seguin, TX; a Comprehensive Compensation and Benefits Study for City of Rowlett, TX; a Wage and Compensation Study for Jefferson County, TX; a Comprehensive Compensation Study for Shawnee County, KS; an Employee Classification and Compensation Study for the City of St. Louis, MO; a Compensation Study for the County of Montgomery, PA; a Classification, Compensation, and Benefits Survey for Kent County Levy Court, DE; a Job Classification and Compensation Study for the City of Baltimore, MD; a Classification and Compensation Study for Frederick County, MD; a Classification and Compensation Study for Howard County, MD; a Compensation Study for the County of York, VA; a Classification and Compensation Study for the City of Norfolk, VA; a Classification and Compensation Plan for the City of Petersburg, VA; a Classification and Compensation Study for Loudoun County, VA; Consulting Services for a Compensation Program Transition for the City of Newport News, VA; a Classification, Compensation and Benefits Study for the Town of Kiawah Island, SC; Organizational Assessment of the HR Department for York County, SC; a Compensation Study for Laurens County, SC;a Classification and Compensation Study for the City of Douglasville, GA; a Classification and Compensation Study for the City of Atlanta, GA; a Staffing Study for the City of Fayetteville, GA; a Compensation and Benefits Study for the City of St. Cloud, FL; a Classification and Compensation Study for the City of Sebring, FL; a Compensation Study for Santa Rosa County, FL; a Compensation Study for the City of Key West, FL; a Compensation and Classification Study for the City of Sarasota, FL; Classification and Compensation Services for the City of Dunedin, FL; a Compensation Study for the City of North Miami Beach, FL; a Pay and Classification Study for the City of Doral, FL; a Classification and Compensation Study for the City of Lake City, FL; a Pay and Classification Study for Bay County, FL; a Compensation and ERP Study for Miami-Dade County, FL; a Pay and Classification Study for Gulf County, FL; a Compensation Study for the Tax Collector’s Office of Indian River County, FL; Compensation Consultant Services for the City of Coral Springs, FL; a Compensation Study for Brevard County, FL; a Compensation Study for Sarasota County, FL; a Salary and Benefits Review for Hernando County, FL; a Classification and Compensation Study for Pinellas County, FL; a Classification and Compensation Study for Palm Beach County, FL; a Pay and Classification Study for Martin County, FL; a Compensation Study for the City of Kissimmee, FL; a Classification and Compensation Study for the City of Zephyrhills, FL; a Compensation Study for the City of Fort Myers, FL; a Compensation and Classification Study for the Town of Davie, FL; an Employee Engagement Survey for the City of Daytona Beach, FL; and a Classification and Compensation Study for Franklin County, FL.
Mr. Misrahi has an MBA and a Bachelor’s degree in History from Florida State University.
PProject CConsultant
MMs. Kelli BBraci, CPM
Ms. Kelli Bracci, CPM, is a Senior Consultant with Evergreen Solutions. She has a Bachelor’s of Science in Education from Georgia Southern University and a Juris Master from Florida State University’s College of Law with a concentration in Human Resources and Legal Risk Management. She is a Certified Public Manager (CPM).
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transitioning to state government. After 11 years with the state, she transitioned to the private sector with Evergreen Solutions, LLC. She is experienced in classification and compensation, employee engagement, relationship management, process improvement, supervisory and leadership development, organizational change management, project coordination, and effective communication. She deeply believes that HR is integral in creating a positive culture in every organization.
A sample of some of the public sector projects that Ms. Bracci has been involved with include: a Classification and Compensation Study for the City of Fresno, CA; a Classification and Compensation Study for Pleasant Valley Recreation and Park District, CA; a Compensation Review for Mariposa County, CA; a Classification and Compensation Study for Inyo County, CA; a Classification and Compensation Study for the Superior Court of California, County of Imperial, CA; a Classification and Compensation Study for the City of Sacramento, CA; a Classification and Compensation Study for the City of West Hollywood, CA; a Classification and Compensation Study for the Nisqually Indian Tribe, WA; a Professional Technical and Expert Services for the City of Portland, OR; a Classification, Compensation, and Benefits Study for Yavapai County, AZ; a Classification and Compensation Study for the City of Albuquerque, NM; a Classification and Compensation Study/ Gender Pay Equity Analysis for the City of Santa Fe, NM; a Compensation and Classification Study for the City of Denton, TX; a Classification and Compensation Study and Analysis for Taylor County, TX; a Compensation and Classification Study for the City of Coppell, TX; a Classification and Compensation Study and Analysis for Waller County, TX; a Classification and Compensation Study for the City of Beaumont, TX; a Compensation and Classification Study for the Woodlands Township, TX; a Classification and Compensation Study for the City of Kingsville, TX; a Compensation Study for the City of Duncanville, TX; a Compensation and Classification Study for the City of League City, TX; a Classification and Compensation Study for the City of Seguin, TX; a Classification and Compensation Study for Randall County, TX; a Classification and Compensation Study and Analysis for Matagorda County, TX: a Classification and Compensation Study for the City of Leawood, KS; a Classification and Compensation and Race/Gender Equity Study for the City of Salina, KS; a Compensation Study for Sedgwick County, KS; an Employee Classification and Compensation Study for the City of St. Louis, MO; a Classification and Compensation Study for the North Dakota Court System, ND; a Classification and Compensation Study for the Town of Strasburg, VA; a Classification and Compensation Study for the City of Falls Church, VA; a Compensation and Classification Study for Bedford County, VA; a Compensation and Classification Study for Allegany County, MD; a Classification and Compensation Study for Garrett County, MD; a Classification Study for Talbot County, MD; a Compensation Study for the Charles County Correctional Officers Association, MD; a Classification System and Pay Plan Development Study for Franklin County, NC; a Classification and Compensation Study for Jackson County, NC; a Salary and Compensation Comparability Study for Raleigh Housing Authority, NC; a Position Classification and Revision Project for Harnett County, NC; a Classification and Compensation Study for the City of Myrtle Beach, SC; a Classification and Compensation Study for the City of South Fulton, GA; a Compensation Plan Update for the City of Garden City, GA; a Classification and Compensation Study and Analysis for Columbus Consolidated Government, GA; a Classification and Compensation Study for Barrow ([KLELW
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County, GA; a Classification and Compensation Study for the City of East Point, GA; a Comprehensive Position Classification and Compensation- Benefits Study and Analysis for the City of Kennesaw, GA; a Classification and Compensation Study for City of Thomasville, GA; a Compensation Study for the City of Zephyrhills, FL; a Classification and Compensation Study for Jackson County, FL; a Pay and Classification Study for Jefferson County, FL; and a Classification and Compensation Study for the Broward County Sheriff’s Office, FL.
PProject Consultant
MMr. PPeter Backhaus
Mr. Peter Backhaus is a Senior Consultant with Evergreen who specializes in salary benchmarking, pay plan design, and public safety markets. He focuses on delivering strategic compensation solutions tailored to meet the unique needs of each client. He has also assisted clients in developing innovative strategies and implementing best practices in classification and compensation. He has worked with a diverse range of clients across various areas of the public sector, including public utilities, public safety units, specialized service districts, transportation authorities, and general local governments.
Mr. Backhaus began his career working in sales through various markets. He quickly transitioned into a role with Verizon’s most prominent partner as an account manager, focusing on business relationships and growth. Most prominently in his sales path, he joined a startup as the sales manager to lead a team through client growth and retention, while also developing outbound strategy for adopting new verticals for the company. With the startup, projected targets were exceeded, and several notable clients were guided to successful business paths. He strongly values the relationships developed with his clients and communication through all modes of life.
A sample of some of the public sector projects that Mr. Backhaus has been involved with include: a Job Classification and Total Compensation Study Services for the Cosumnes Community Services District, CA; a Classification and Compensation Study for the City of Fresno, CA; a Classification and Compensation Study for the City of Sacramento, CA; a Classification and Compensation Study for the City of West Hollywood, CA; a Consultant Services for a Study of the City’s Compensation Plan and Benefits for the City of Sanger, CA; a Classification and Compensation Study for Inyo County, CA; a Compensation and Benefits Study for the Victor Valley Transit Authority, CA; a Compensation Study for the City of Bend, OR; a Professional Technical and Expert Services for the City of Portland, OR; a Classification and Compensation Study for the City of Albuquerque, NM; a Compensation Study for City of Aransas Pass, TX; a Classification and Compensation Study for Blanco County, TX; a Classification and Compensation Study for the City of Beaumont, TX; a Compensation Study for the City of Buda, TX; a Compensation and Benefits Study for the City of Portland, TX; a Classification and Compensation Study for Waller County, TX; a Classification and Compensation Study for the City of Kingsville, TX; Compensation Benchmarking and Structure Analysis for the City of Seguin, TX; a Compensation and Classification Study for the City of Denton, TX; a Compensation Study for the City of Jefferson, MO; an Employee Classification and Compensation Study for the City of St. Louis, MO; a Classification and
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Benefits Study for the City of St. Peters, MO; a Compensation Study and Analysis for McLean County, IL; a Classification and Compensation Study for the City of Moline, IL; a Classification and Compensation Study for Culpeper County, VA; a Classification and Compensation Study for the City of Hopewell, VA; an HR Market Study for Botetourt County, VA; a Compensation and Classification Study for Mecklenburg County, VA; a Compensation Study for the Architect of the Capitol, DC; a Salary and Compensation Comparability Study for the Raleigh Housing Authority, NC; a Classification and Compensation Study for Dare County, NC; a Compensation Study for the Town of Central, SC; an Employee Compensation and Classification Study for the City of Greenwood, SC; a Classification and Compensation Study and Analysis for Darlington County, SC; a Compensation Study for the City of Orangeburg, Department of Public Utilities, SC; a Compensation Study for North Charleston Sewer District, SC; a Classification and Compensation Study for Barrow County, GA; a Classification and Compensation Study for the City of Jackson, GA; a Classification and Compensation Study for the City of Calhoun, GA; a Classification and Compensation Study for the City of South Fulton, GA; a Classification and Compensation Study for the City of Hampton, GA; a Classification and Compensation Study and Analysis for Columbus Consolidated Government, GA; a Compensation Study for Cherokee County, GA; a Classification and Compensation Study for the City of Jackson, GA; a Classification and Compensation Study for the City of Sylvester, GA; a Classification and Compensation Study for the City of Rome, GA; a Classification and Compensation Study for the City of Eastpoint, GA; a Comprehensive Position Classification and Compensation/Benefits Study and Analysis for the City of Kennesaw, GA; a Classification and Compensation Study for the City of Vienna, GA; a Compensation Study for the City of Duluth, GA; a Classification and Compensation Study for the City of Johns Creek, GA; a Classification and Compensation Study for the City of Auburn, AL; a Compensation and Benefits Study for the City of Mobile, AL; a Compensation Study for the City of Bradenton, FL; a Classification and Compensation Study for Boynton Beach, FL; a Comprehensive Classification and Compensation Study for Citrus County, FL; a Classification and Compensation Study for the City of Apalachicola, FL; a Compensation Study for the City of New Port Richey, FL; a Compensation Study for the City of Zephyrhills, FL a Compensation Study for the Marion County Property Appraiser, FL; a Classification and Compensation Study for Okaloosa County, FL; a Classification and Compensation Study for Franklin County, FL; and a Compensation Study for the City of Flagler Beach, FL.
Mr. Backhaus has a Bachelor’s of Science in Economics with Minors in Sociology and Communication.
NNote: A team of experienced analytical and clerical support staff will contribute to this study, as needed.
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Section 3.0
References
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3.0 References
Evergreen Solutions is well qualified to provide Classification and Compensation Study Services to the City of Bell Gardens due to our experience in conducting more than 1,400 similar studies for local governments and other public sector organizations across the country. In this section, we provide our firm’s background and history; a list of similar studies we have conducted or are currently under contract to conduct; and references.
33..1
FFirm’s
BBackground
aand History
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. We provide a unique approach, rather than the “consulting as usual” approach, by partnering with our clients to find innovative, real-world solutions to public management.
Evergreen Solutions was formed in 2004 as a limited liability company to provide a modern, practical alternative to the typical consulting options. The firm is made up of management and human resource 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.
Evergreen is authorized to transact business in the State of California (#175722830). Evergreen employs 29 full-time and nine part-time employees who provide a variety of human resource management consulting.
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:
classification and compensation studies; performance management studies; workload analyses; staffing studies; disparity studies; training assessments; and strategic planning.
We invite you to browse our Web site at w 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.
Evergreen Solutions assists public sector professionals in exercising control over the inter-related elements that determine success or failure. We do that by applying a situation-responsive discipline that emphasizes:
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x full visibility into the entire organization through research and discovery;
x a spirit of partnership with staff and leadership;
x sound recommendations based on best practices and proven methods; and
x a practical go-forward plan that leads to results.
Collectively, the members of the Evergreen Solutions Team have:
x extensive experience in providing classification and compensation study services tp local governments and other public sector organizations throughout the country, including California; x comprehensive experience in all components vital to the successful completion of this engagement;
x knowledge of relevant California statutes and regulations as well as federal regulations;
x objectivity and flexibility due to the fact that we have no vested interests; and
x specialized analytical tools that we bring to the project.
Clients nationwide have been successfully implementing recommendations from our team of professional consultants for decades. Evergreen has contracted with public sector, quasi-governmental, and non-profit organizations in 47 states throughout the country.
EExhibit 33-1 includes a sample list of local government clients that Evergreen has worked with, or is currently on contract to work with, providing work similar in scope to the services being requested. NNote: Evergreen has also worked with the following additional public sector clients in California: PPleasant Valley Recreation and Park District; Cosumnes Community Services District; Victor Valley Transit Authority; Superior Court of California, County of IImperial; Superior Court of California, County of Monterey; Hayward Unified SSchool District; and the Los Angeles Unified School District.
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EExhibit 3-1: Sample List of Local Government Clients
Spokane County, WA Sedgwick County, KS Douglas County, GA Buncombe County, NC City of Ridgefield, WA Shawnee County, KS Forsyth County, GA Dare County, NC City of Albany, OR City of St. Louis, MO Columbus Consolidated Gov’t, GA Franklin County, NC City of Bend, OR City of Lee’s Summit, MO City of Clearwater, FL Ashe County, NC City of Portland, OR City of Columbia, MO City of Fort Myers, FL Guilford County, NC Columbia County, OR City of Dardenne Prairie, MO City of Gainesville, FL Haywood County, NC City of West Hollywood, CA City of Jefferson, MO City of Jacksonville, FL Jackson County, NC City of Fresno, CA City of Troy, MO City of Key West, FL Lee County, NC City of Camarillo, CA City of St. Peters, MO City of Pensacola, FL New Hanover County, NC City of Yucaipa, CA Jackson County, MO City of Orlando, FL Onslow County, NC City of Long Beach, CA St. Charles County, MO City of Sarasota, FL Transylvania County, NC City of Sacramento, CA Jasper County, MO City of Palm Beach Gardens, FL Union County, NC City of Thousand Oaks, CA City of Bloomington, IN City of North Miami Beach, FL City of Falls Church, VA City of Crescent City, CA Blount County, TN Alachua County, FL City of Fredericksburg, VA City of Sangar,, CA Carter County, TN Brevard County, FL City of Newport News, VA Calaveras County, CA City of Murfreesboro, TN Charlotte County, FL City of Williamsburg, VA Mariposa County, CA City of Clarksville, TN Flagler County, FL City of Norfolk, VA Inyo CCounty, CA City of Morristown, TN Hernando County, FL Chesterfield County, VA City of Boulder City, NV City of White House, TN Manatee County, FL County of Culpeper, VA Ogden City Corporation, UT City of Winchester, KY Martin County, FL County of Northampton, VA City of Flagstaff, AZ City of Urbana, IL Miami-Dade County, FL County of York, VA City of Page, AZ City of Moline, IL Monroe County, FL Essex County, VA City of Prescott, AZ McLean County, IL Palm Beach County, FL Gloucester County, VA Yavapai County, AZ Mahoning County, OH Orange County, FL Isle of Wight County, VA City of Carlsbad, NM City of Auburn, AL Pinellas County, FL James City County, VA City of Santa Fe, NM City of Mobile, AL Sarasota County, FL King George County, VA City of Albuquerque, NM City of Foley, AL Seminole County, FL Loudoun County, VA Grand County, CO City of Daphne, AL City of Beaufort, SC Montgomery County, VA Garfield County, CO City of Madison, AL City of Spartanburg, SC Shenandoah County, VA City of Fountain, CO City of Northport, AL City of Chester, SC Spotsylvania County, VA City of Manitou Springs, CO Baldwin County, AL City of Clemson, SC Northumberland County, VA City of Amarillo, TX Lee County, AL City of Columbia, SC Town of Dumfries, VA City of Austin, TX Chambers County, AL City of Isle of Palms, SC City of Baltimore, MD City of Buda, TX Shelby County, AL City of Conway, SC City of Annapolis, MD City of Denton, TX Town of Loxley, AL City of Goose Creek, SC City of Hagerstown, MD City of Duncanville, TX City of Alpharetta, GA City of Lancaster, SC City of Hyattsville, MD City of Farmers Branch, TX City of Atlanta, GA City of Mauldin, SC City of Westminster, MD City of Fredericksburg, TX City of Brookhaven, GA City of Folly Beach, SC City of Laurel, MD City of Lockhart, TX City of Chamblee, GA Town of Hilton Head Island, SC Prince Georges County, MD City of Rowlett, TX City of Dahlonega, GA Dillon County, SC Allegany County, MD City of Seguin, TX City of Douglasville, GA Beaufort County, SC Talbot County, MD City of Sunset Valley, TX City of Dunwoody, GA Berkeley County, SC Washington County, MD City of Portland, TX City of Fayetteville, GA Charleston County, SC Frederick County, MD City of Del Rio, TX City of Garden City, GA Dorchester County, SC City of Milford, DE Town of Little Elm, TX City of Jackson, GA Laurens County, SC City of Minneapolis, MN Brazoria County, TX City of Marietta, GA Pickens County, SC City of Kalamazoo, MI Denton County, TX City of Norcross, GA Spartanburg County, SC Genesee County, MI Fort Bend County, TX City of Roswell, GA York County, SC City of Pittsburgh, PA Hood County, TX City of Sandy Springs, GA City of High Point, NC County of Montgomery, PA Kaufman County, TX City of Savannah, GA City of Goldsboro, NC Genesee County, NY Randall County, TX City of Statesboro, GA City of Burlington, NC City of Portsmouth, NH Matagorda County, TX City of Stockbridge, GA City of Raleigh, NC City of Manchester, NH City of Broken Arrow, OK City of South Fulton, GA City of Hendersonville, NC City of Norwalk, CT City of Hot Springs, AR City of Suwanee, GA City of Rocky Mount, NC Town of Wethersfield, CT City of Salina, KS City of Tybee Island, GA City of Southport, NC Town of Colchester, VT City of Leawood, KS Cherokee County, GA Rowan County, NC Town of Bridgewater, MA ([KLELW
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33..2
SSelect Relevant
EExperience
Because Evergreen has conducted more than 1,400 projects that are similar in scope to the services being requested by the City of Bell Gardens, we have included in this section only a sample of some of our similar local government work.
Comprehensive Classification and Compensation Study
City of Camarillo, California
Evergreen Solutions was retained by the City of Camarillo to conduct a Comprehensive Classification and Compensation Study. The study assessed the current classification schedule and pinpointed needed changes in job duties, titles, salaries, and benefits. The study also addressed the internal relationships within the organization to help determine proper equity in the classification and compensation study and also to help determine whether the existing salary and compensation schedule was competitive and consistent with comparable employers. In the end, Evergreen provided a defensible and technically sound basis for compensating employees within the City. Evergreen also evaluated the City’s current pay for performance plan and provided alternative compensation recommendations, including Cost of Living Arrangement structures. Up to 10 single job audits was also conducted.
Compensation Study
City of Long Beach – Long Beach Management Association, California
Evergreen Solutions was retained by the Long Beach Management Association to conduct a Compensation Study. Evergreen conducted a salary survey to determine whether the union positions within the City’s Fleet Services Bureau were competitive in the market.
Classification and Compensation Study
City of Fresno, California
Evergreen is retained by the City of Fresno to conduct a Classification and Compensation Study. Evergreen will review and evaluate the City’s existing classification system and compensation structure for more than 1,000 employees, survey fifteen agencies mutually agreed-upon between Local 39 and the City, review classification specifications, salaries and other benefits, distribute and review position description questionnaires and interview employees and management personnel, draft and/or modify classification specifications, make recommendations on salaries, and provide overall subject matter expertise and recommendations on a classification and compensation structure that meets the City’s prime objective of attracting and retaining qualified talent to classifications within this bargaining unit.
Note: This project is nearing completion.
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CClassification and Compensation Study
CCity of Thousand Oaks, Californnia
Evergreen was hired to conduct a Classification and Compensation Study for the City of Thousand Oaks. The purpose of the study is to conduct a comprehensive evaluation and analysis of the City’s current compensation structure and practices as the City desires a competitive, equitable, sustainable structure that will be aligned with the labor market to support the City in providing the highest levels of service to our community by attracting, retaining, and motivating a talented and dedicated workforce.
Evergreen will present a Comprehensive Classification and Compensation Study Report, update job descriptions and classifications, make salary structure adjustment recommendations and create an implementation plan outlining next steps and timelines for the City.
Comprehensive Compensation Study
City of Crescent City, California
Evergreen Solutions was hired by the City of Crescent City to conduct a Comprehensive Compensation Study. Evergreen will perform a comprehensive review of the City’s current compensation and classification system which includes: reviewing job descriptions; identifying and making recommendations for directly comparable and competitive agencies; completing an internal salary relationship analysis; developing externally competitive and internally equitable salary recommendations for each class; and developing an implementation plan for the study results.
Consultant Services for a Study of the City’s Compensation Plan and Benefits City of Sangar, California
Evergreen Solutions was hired by the City of Sangar to provide Consultant Services for a Study of the City’s Compensation Plan and Benefits. Evergreen will perform the following tasks: review current compensation practices and related issues; review current listing of comparable cities and recommendation of appropriate changes as necessary; meet with Department Directors; hold orientation and briefing sessions with employees; recommend salary survey benchmarks; conduct an internal salary relationship analysis; provide recommendations for updating the City’s classification and compensation plans; and train City staff in the methodology used.
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CClassification and Compensation Study
IInyo County,, California
Evergreen was retained by Inyo County to conduct a Classification and Compensation Study. Evergreen performed the following: ensured that the County remained competitive in the job market when compared to similar organizations throughout California; assessed and identified classifications relative to the requirements of "Exempt" and "Non-Exempt" status pursuant to the criteria of the Fair Labor Standards Act; recommended revisions to internal total compensation relationships that were consistent, uniform, and sustainable for the County in consideration of its budget constraints; identified positions in the County for which there were no genuine comparable positions elsewhere within comparable agencies and made recommendations to determine fair compensation; provided modern job descriptions for certain positions; ensured equitable pay relative to other County positions; and provided total compensation recommendations to the County based upon internal and external total compensation relationships.
Compensation Review
Mariposa County, California
Evergreen was retained by Mariposa County to conduct a Compensation Study. Evergreen performed the following tasks: met with labor unions and Human Resources to identify benchmarks and targets for the salary survey; evaluated existing job families and establish new job families as needed to ensure consistency; evaluated the comparable market (i.e., salary and benefits); conducted routine progress meetings with Human Resources and the County Administrative Officer; evaluated internal equity relationships, with a specific focus on compaction, and suggested salary adjustments as appropriate; determined whether the Deputy Clerk of the Board II should be aligned for salary purposes with the Executive Assistant; evaluated whether the HHSA Program Assistant should be aligned for salary purposes with the HHSA Eligibility Specialist; produced and delivered a final report detailing all classifications and families and their place in the comparable market, specifically highlighting ones that were not aligned with the job market.
Classification and Compensation Study
Calaveras County, California
Evergreen Solutions was retained by Calaveras County to conduct a Classification and Compensation Study. Evergreen completed the following tasks: reviewed and compared current salaries of identified benchmark classifications; compared current salaries on the identified benchmark classifications; reviewed and compared the County’s current benefit packages; recommended where the County salary structure should be to maintain a competitive presence, including surrounding counties, not comparable in sizes, but located in surrounded areas; and reviewed the County’s internal relationships among benchmark classes and related classifications. Note: Evergreen was again hired in 2024 to conduct a Staffing Study.
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CClassification and Compensation and Equal Pay Study
CCity of Albany, Oregon
Evergreen Solutions was retained by the City of Albany to conduct a Classification and Compensation and Equal Pay Study. Evergreen’s consultants reviewed current job descriptions and compensation structures to determine the need for modifications to assure external competitiveness and internal equity by performing the following tasks: reviewed current job descriptions to analyze knowledge, ability, education, experience, relevance, and hierarchical consistency; developed, distributed, and analyzed job specific questionnaires, as needed, and conducted in-person interviews of select staff to complete analysis; proposed, where appropriate, broad- banding of classifications, or combining classifications into a series, if beneficial to achieve alignment of similar positions; recommended additions, deletions, or modifications to existing classifications and made FLSA determinations (exempt or non-exempt status) for positions; surveyed comparator jurisdictions for both wages and total compensation; analyzed results and developed appropriate pay structures for City taking into account compression and internal equity; conducted equal pay analyses of recommended pay structures that complied with House Bill (HB) 2005 and its implementing administrative rules; and trained City HR staff on the methodology used to assess job classifications in order to maintain internal equity when adding, deleting, or modifying jobs in the future.
Compensation Study
City of Bend, Oregon
Evergreen Solutions was retained by the City of Bend to conduct a Compensation Study. The objectives of the study were to assist the City in conducting a compensation study for all COBEA represented classification descriptions as prescribed by guidelines; and assisted the City with conducting a compensation study for all non-represented classification descriptions.
Professional Technical and Expert Services
City of Portland, Oregon
Evergreen is retained by the City of Portland to provide Professional Technical and Expert Services for its more than 3,000 employees. Evergreen will review positions and classifications represented by a collective bargaining agreement, as well as newly represented and non-represented classifications. Evergreen will develop recommendations for the most effective classification structure, revise existing classifications and/or the creation of new ones, as well as make recommendations to align individual incumbents to the most appropriate classification.
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CCompensation and Classification Study
CColumbia County, Oregon
Evergreen Solutions was retained by Columbia County to conduct a Compensation and Classification Study. Evergreen’s consultants worked with the Compensation Study Committee (CoSC) to develop a compensation system for the County, evaluated current pay grades, conducted an equal pay analysis in compliance with the Oregon Equal Pay Law, and developed a classification system to facilitate the continued administration of the compensation analysis. Evergreen’s consultants also assessed position titles and identified appropriate employee status in accordance with FLSA.
Evergreen then developed multiple alternative recommendations and a communication plan as well as reviewed and developed different policies procedures and proposed different recommendations.
Classification and Compensation Study
City of Ridgefield, Washington
Evergreen Solutions was engaged with the City of Ridgefield to conduct a Classification and Compensation Study. The City had desired to maintain an internally and externally equitable, yet market competitive, classification and compensation plan. The City had strived to competitively recruit and retain employees who would provide the best service to the community. The City had not conducted an in-depth review of the classification and compensation structure since 2015-16 and since that time had grown from 37 to 52 FTE’s, including seven (7) new classifications. In the end, Evergreen provided recommendations to update the City’s classification and compensation structure in order to better retain and recruit qualified employees. NNote:
Evergreen was again hired in 2024 to conduct a classification and compensation plan update.
JJob Analysis
City of Washougal, Washington
Evergreen Solutions was engaged with the City of Washougal to conduct a job analysis of select positions (seven) to include in the City’s revised pay plan. NNote: Evergreen continues to provide job analyses to the City upon request.
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TTotal Compensation Study
SSpokane County, Washington
Evergreen Solutions was retained by Spokane County to conduct a Total Compensation Study for more than its more than 2,000 employees.
Evergreen reviewed total Compensation (compensation and benefits) for 225 regular, full-time positions and recommended possible wage adjustments that align with the County’s compensation philosophy. Additionally, Evergreen compared the County’s benefits package with those offered in the same local market identified in the pay analysis.
Note: Evergreen was hired again in April of 2020 to conduct a Classification Study for the County.
Salary and Benefits Survey
City of Carlsbad, New Mexico
Evergreen Solutions was retained by the City of Carlsbad to conduct a Salary and Benefits Survey. The study included the evaluation of 50 union positions as benchmarks against the private and public labor market in the State of New Mexico, and making recommendations to improve competitiveness in alignment with the City’s strategic goals. Evergreen used private sector data from ERI for data that was unavailable from selected targets using a custom salary and benefits survey. In addition, Evergreen collected average actual salary data for the benchmarked positions. Evergreen’s recommendations improved the competitiveness of the City and helped prepare the City for future recruitment challenges.
CComprehensive Compensation and Classification Study
City of Santa Fe, New Mexico
Evergreen Solutions was engaged by the City of Santa Fe to conduct a comprehensive compensation and classification study for all City 1,326 employees, including non-bargaining employees and those covered by collective bargaining agreements. Evergreen conducted orientations and focus groups with general employees, and interviewed department directors and other executive managers. Employees completed Job Assessment Tools, and supervisors completed Management Issues Tools, as needed. The data gathered through this process resulted in JAT scores for each job title, placement of each job into an internal hierarchy, and recommendations as needed for revisions to the current classification structure.
Evergreen also worked with City Human Resources staff to conduct a comprehensive salary survey. The results were combined with the internal hierarchy analysis to generate recommendations for a comprehensive compensation and classification structure. Evergreen provided detailed ([KLELW
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recommendations for the implementation of a new structure and related employee salary adjustments. Evergreen also assisted the City with implementation of a revised performance assessment system which include training with supervisors and staff, and creating and distributing performance appraisal factor weighting forms. NNote: Evergreen was again hired in 2023 to conduct a similar study for the City.
Classification and Compensation Consulting Services
City of Albuquerque, New Mexico
Evergreen Solutions was retained by the City of Albuquerque to provide Classification and Compensation Consulting Services for 6,500 employees.
Evergreen’s consultants performed the following tasks:
x developed new classification and compensation structure (job families, pay plans, grades, steps as applicable) including recommendations for movement within structure;
x conducted a benchmarking analysis for placement of jobs within the new structure;
x assessed and provided recommendations associated with Premium Pay programs including but not limited to hiring incentives, seniority- based pay (longevity pay), shift differential, etc.;
x recommended resources needed to manage the compensation program into future (i.e., technology and human capital);
x reviewed and update job descriptions to accurately reflect essential functions, minimum qualifications for education and experience, required knowledge, skills and abilities, special requirements, and physical and environmental conditions;
x ensured position descriptions were in full compliance with all applicable federal, state, local statutes and regulations, including the Fair labor Standards Act (FLSA) exemption status and Americans with Disabilities Act (ADA); and
x ensured position descriptions were assigned within the classification system, reflecting equitable placement between various position responsibilities and providing a scoring mechanism for the placement of those positions in the classification system.
Note. Evergreen is currently completing a workforce study for the City; however this project is nearing completion. Evergreen previously conducted a similar study for the City.
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PPay for Performance Study and Salary Survey
CCity of Manitou Springs,, Colorado
Evergreen Solutions was retained by the City of Manitou Springs to develop a performance-based pay structure and conduct a salary survey. Evergreen made recommendations regarding enhancements needed to the City’s current performance evaluation system and provided the City with a performance evaluation tool.
Classification and Compensation Study (Included Benefits Survey) Ouray County, Colorado
Evergreen Solutions was engaged with Ouray County to conduct a Classification and Compensation study, including wages and benefits, for full- time and part-time employees of Ouray County. A job analysis was conducted using existing job descriptions to determine the best classifications for the work performed. Evergreen recommended the deletion of outdated or unnecessary jobs descriptions as well as the revision to current positions, if needed. In addition, a salary survey was conducted to ensure external market equity by comparing Ouray County to other county governments, local municipalities and local businesses as appropriate. Recommendations were provided to improve the fairness and equity in the current classification and compensation system.
Compensation Study
Grand County, Colorado
Evergreen Solutions was retained by Grand County to conduct a compensation study. Evergreen performed the following tasks:
reviewed current personnel practices and policies that impacted pay and performance; reviewed legal provisions and requirements, including statutory requirements that could impact the study; conferred with the County Manager, Elected Officials, Department Heads and Human Resources Director in order to review input regarding their views of compensation problems and needs, and identified specific areas of concern; reviewed County jobs in order to prepare an appropriate pay survey and fringe benefit questionnaire; prepared a survey tool that sought entry level, mid-point and maximum pay for each key class included; performed analysis of pay and benefit data provided by peer organizations; prepared recommended pay grade and range schedules and assignments to pay grades for each class of work; determined appropriate internal relationships of the classes based upon classification factors; and developed a salary schedule or schedules that met the needs of the County’s compensation program and related to the County’s labor market.
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CCompensation and Classification Study
GGarfield County, Colorado
Evergreen is retained by Garfield County to conduct a Compensation and Classification Study for the County Administration’s and Elected Officials’ and 356 full time employees. Evergreen will give specific recommendations to Garfield County in relation to the County’s market position and an implementation plan; create and administer a custom survey to provide a comprehensive review of the external labor market for identified benchmark jobs; integrate relevant survey data; provide an analysis of actual pay to the external labor market and identify the County’s overall market position; revise and update salary grade structures based on total compensation philosophy; prepare implementation options and guidance on the implementation of findings and recommendations; develop and implement a job evaluation and classification system; provide a comprehensive review of County job descriptions and an analysis of the compensable factors of the job(s); identify key job families; recommend job title consolidation; identify potential pay compression issues and provide recommendations for solutions; and prepare implementation options and guidelines on the implementation of findings and recommendations. NNote: This project is nearing completion.
Classification Study and Compensation Survey
City of Page, Arizona
Evergreen Solutions was engaged with the City of Page to conduct a Classification Study and a Compensation Survey for all employees. As part of the study, Evergreen conducted orientation sessions, focus groups, and interviews. Employees completed a Job Assessment Tool (JAT) in order to analyze job duties and revise the current classification structure. A salary and benefits survey was issued to local and regional employers to assess market competitiveness. Based on the findings from the classification and compensation review, a new pay plan as well as policies and procedures were recommended to the City.
Classification and Compensation Study (Included a Gender Equity Analysis City of Prescott, Arizona
The City of Prescott retained Evergreen Solutions to conduct a Classification and Compensation Study, including the development of a compensation philosophy, to design and implement a comprehensive total compensation plan and to classify all positions appropriately within the plan structure. The study included a complete classification analysis using the Job Assessment Tool job valuation methodology as well as a statistical assessment of internal conditions and an assessment of external equity including salary and benefits surveys of competing organizations. The final report culminated in a series of findings and recommendations that were designed to alleviate any ([KLELW
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strains on the system and, if necessary, redesign or augment the existing system in place at the City of Prescott. NNote: Evergreen also ensured that the solution that was recommended was equitable from a gender standpoint by doing an analysis of the data collected.
Compensation Study
City of Flagstaff, Arizona
City of Flagstaff was hired Evergreen Solutions to conduct a Compensation Study for more than 1,000 employees. Evergreen’s consultants performed the following tasks: evaluated the current broadband pay plan structure; evaluated the current skill-based pay plan, public safety, and general 2080 pay plan structures; conducted a market salary survey of at least five other local government and private sector peer organizations; developed a plan for the City’s strategic improvement, including the identification of highly competitive positions within the City; and developed recommendations and guidelines for the continued administration and maintenance of the compensation system.
Classification, Compensation, and Benefits Study
Yavapai County, Arizona
Evergreen Solutions was engaged with Yavapai County to conduct a Classification, Compensation, and Benefits Study for its 1,750 employees. The purpose of the study was to develop a clear, equitable, consistent and competitive classification and compensation structure that fosters the retention and recruitment of qualified individuals while providing opportunities for growth and development within the County. Evergreen worked with the County to develop a compensation structure that was fair, equitable, and competitive with other local governments in the surrounding geographic market area from which the County recruits. Evergreen further worked with the County to develop a classification system that will facilitate ongoing compensation analysis and reporting based on similarly-situated employees, similar skills, qualifications, responsibilities, and pay, using job family grouping and EEO job categories. Evergreen provided the County with a tool that the HR department could use to continue that job evaluation process.
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CClassification, Compensation, and Benefits Study
OOgden City Corporation, Utah
Evergreen Solutions was engaged with Ogden City Corporation to conduct a Classification, Compensation and Benefits Study for its 1,250 employees..
The goals of this study were to ensure that job descriptions accurately reflect actual duties and maintain compensation levels that are both internally and externally equitable. Evergreen Solutions worked with Ogden City Corporation throughout four project phases that involved: conducting a job analysis, including building a classification plan; documenting a compensation philosophy; reviewing and analyzing the City’s total compensation plan, including a market salary and benefits survey; and providing a comprehensive report containing recommendations, an implementation approach, and guidelines for maintaining classification and compensation policy updates and changes.
Classification and Compensation Study
City of Boulder City, Nevada
Evergreen Solutions was engaged with the City of Boulder City to conduct a Classification and Compensation Study. Evergreen’s consultants conducted a job evaluation, classification review, and developed a compensation system for all positions and job classifications in order to made recommendations regarding the appropriateness, internal equity, and external competitiveness of the City’s classification and compensation plans.
Evergreen developed an updated and well-structured classification system as well as classification descriptions for all positions that is legally compliant (including Fair Labor Standards Act (FLSA) and Americans with Disabilities Act (ADA) requirements), internally aligned, reflective of contemporary standards, and accurately reflected current roles, responsibilities, duties, and qualifications. The study also reviewed the City’s compensation structure by conducting a market salary survey using comparator agencies.
The compensation study contained specific recommendations regarding the integration of all classifications into a clear compensation structure, with the goal of developing a clearly designed, internally equitable format that is flexible for career opportunity and future growth.
Classification and Compensation Study
City of Farmers Branch, Texas
Evergreen Solutions was engaged with the City of Farmers Branch to conduct a Comprehensive Compensation and Classification Study. The primary objectives of the study were to: review and revise current classification system; determine relevant competitive markets; develop a custom compensation survey to distribute to peer organizations; propose guidelines for an improved or new compensation program and step/grade plan; and provide recommendations to keep the current pay structure competitive. In addition to the salary survey, Evergreen Solutions conducted a benefits survey of market peers in order to compare the City’s current benefits to those of its peers. NNote: Evergreen was again hired in 2021 to conduct a compensation and benefits study.
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CCllassification and Compensation Study
CCity of Seguin, Texas
Evergreen Solutions was hired to assist the City of Seguin in designing and implementing a comprehensive classification and compensation plan for its workforce of 330 full-time employees. The scope of the project included two major components: (1) Working with a City management team to revise the existing pay plan and structures; and (2) Evaluating current salary structure and compensation levels for all regular, classified positions and recommending appropriate adjustments.
Specifically, Evergreen’s consultants reviewed the City’s current classification/compensation plan; surveyed management and identified problem areas regarding the classification and compensation system; conducted a salary survey to ensure external equity; reviewed current policies and procedures; reviewed salary structure to determine appropriateness; and provided technical assistance and training to City staff to facilitate the implementation and the maintenance of the recommended system and procedures. NNote: Evergreen Solutions was again retained by the City of Seguin in 2023 to conduct a Compensation Benchmarking and Structure Analysis. Evergreen examined the City’s salaries against the market and provided recommendations to allow the City to be more competitive in recruiting and retaining talented employees.
Classification and Compensation Study
City of Alpine, Texas
Evergreen is hired to conduct a Classification and Compensation Study for the City of Alpine. Evergreen will complete a classification and compensation study of public employees who are providing equitable services; determine the changes needed in existing position descriptions and update them as needed; prepare a comparative analysis that identifies the City’s competitive position in a comparable labor market; provide a recommendation for total salaries and benefits; outline promotional opportunities; prepare a pay structure; and prepare recommendations for compensation rules and policies.
Comprehensive Compensation and Benefits Study
City of Odessa, Texas
Evergreen Solutions was engaged with the City of Rowlett to conduct a comprehensive compensation and benefits study for 1,140 employees. The primary goal of the study was to ensure that the City was recognized as an employer of choice that provides a viable, cost effective and competitive pay structure. The study measured and provided a compensation analysis on (a) base salary, (b) pay/step plans, (c) employer-provided medical benefits packages and (d) any other incentive-based compensation options, to include “on call” pay. Evergreen’s consultants identified any weaknesses within the components of the City’s existing compensation package that would negatively impact the organization’s ability to attract and retain talented employees.
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CClassification and Compensation Study and Staffing Analysis CCity of Harlingen, Texas
Evergreen Solutions was retained by the City of Harlingen to conduct a Classification and Compensation Study and a Staffing Analysis. Evergreen’s consultants performed the following tasks:
x conducted a comprehensive evaluation of every job class within the City to establish appropriate classification and pay grade assignments as well as pay ranges and step progressions within the ranges;
x conducted a compensation survey of the market including comparable Texas municipalities, and, appropriate private sector competitive employers;
x prepared a new salary structure based on the results of the survey and best practice research;
x analyzed and recommended changes to the present compensation structure to meet market analysis;
x reviewed current compensation plan (salary grade levels and steps) to better understand current challenges in recruiting and retaining employees;
x recommended and identified a consistent and competitive market position that the City could strive to maintain;
x recommended appropriate salary range for each position based on the proposed classification plan, the compensation survey results, internal equity and external parity;
x reviewed staffing levels and make recommendations;
x prepared a new salary structure based on the results of the survey and best practices;
x recommended implementation strategies including calculating the cost of implementing the plan;
x identified any extreme current individual or group compensation inequities and provided a recommended corrective action plan and process to remedy these situations;
x recommended and provided implementation strategies related to other key compensation practices, based on market demands; and
x presented findings and recommendations to City Administration as well as the Harlingen City Commission at a regularly scheduled commission meeting.
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JJob Classification, Salary Survey, Compensation Plan Study Services CCity of DDuncanville, Texas
Evergreen Solutions was engaged with the City of Duncanville to provide professional Job Classification, Salary Survey, and Compensation Pay Plan Study Services that allowed the creation of a comprehensive job classification and compensation system and pay plans for employees within the City. Evergreen’s consultants reviewed and analyzed the City’s current structure and practices of job classifications and job descriptions including:
conducting orientation sessions; providing questionnaires; conducting management and employee interviews; reviewing questionnaire responses with supervisory and management staff; performing a job analysis; and developing and/or revising job descriptions.
Evergreen prepared a customized market survey of salaries of the local and area municipalities that included all of the competitive markets where the city recruited employees. Evergreen established a system for an ongoing and easily understood maintenance of the new, or updated, pay plan that was easy for employees to understand and for managers to administer. The recommended pay plan effectively balanced market and internal equity, supported the classification system, and promoted an employee’s perception of organizational fairness and equity in the City. NNote: Evergreen was again retained in 2022 to conduct a Compensation Study for the City.
A Classification and Compensation Pay Plan
City of Amarillo, Texas
Evergreen Solutions was engaged with the City of Amarillo to develop a Classification and Compensation Pay Plan for 2,835 employees. Evergreen’s consultants: reviewed the City's existing classification/compensation system; worked with the City's Human Resources Director and staff to identify a market position for the City; gathered necessary information through the use of questionnaires, job audits, some personal interviews; discussed and determined the appropriate labor market for the compensation survey; analyzed existing internal hierarchy based on job relationships and proposed implementation methods to correct any identified specific problems; developed a pay plan identifying specific parameters; and reviewed and assigned all positions to an appropriate pay grade. In the end, Evergreen recommended implementation strategies including calculating the cost of implementing the study and provided the Human Resources staff with training to maintain and revise the system, as needed.
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HHuman Resources Department Assessment (CClassification and Compensation SServices)
City of Buda, Texas
Evergreen was engaged with the City of Buda to conduct a Human Resources Department Assessment. Evergreen’s consultants provided a job analysis questionnaire and procedures for future updating and new position creation and developed and fully defined a systematic procedure for evaluating positions using the "point factor method”. A worksheet was developed for departments to request a job evaluation for upgrades within a position or for a new position for submission to Human Resources to ensure that job titles were consistently used on job descriptions and the pay plan.
Evergreen further created a new cost effective, affordable compensation structure and management plan that was systematically and equitably acknowledge and rewarded an employee's performance and skills.
Evergreen designed a compensation program that included a description and justification of the pay philosophy, a completed pay structure, and rules for moving employees through the pay structure based on their increasing contributions in support of the City. Evergreen consultant’s gathered actual salary data from market surveys, local governmental agencies, benchmarked cities, and other appropriate data, as deemed necessary. The recommended compensation structure included a proposed training/career progression plan, including documentation as appropriate, and a plan that rewards employee performance fairly and equitably, with measures that can be documented. NNote: Evergreen was again hired in 2020 to conduct a Market Salary Update. Evergreen was also hired in 2023 to conduct a Compensation Study.
Classification and Compensation Study
City of Lockhart, Texas
Evergreen Solutions was retained by the City of Lockhart to conduct a classification and compensation study of its workforce. Employees participated in focus groups, interviews, and a job analysis was conducted to determine the best classifications for the work performed. In addition, pay ranges were analyzed as well as benefits in the public and private sector to determine the appropriate pay levels for all included jobs. Recommendations were provided to improve the fairness and equity in the current system.
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CCompensation aand Classification SStudy
CCity of Denton, Texas
Evergreen Solutions was retained by the City of Denton to conduct a Compensation and Classification Study for its 1,786 employees. Evergreen worked with the City to develop a communication strategy and plan that allowed the City to be informed and be as transparent as possible and met and solicited feedback and input from different levels of the City including employees, department directors/managers, and executive management.
Evergreen conducted a comprehensive market compensation study and provided recommendations to ensure that the City’s compensation system supports the City’s mission, strategic objectives, and compensation philosophy. Evergreen further conducted a job analysis for up to 50 positions of concern to ensure appropriate pay grade classification and address internal equity concerns and will evaluate current pay grades, e.g. number of pay grades, including additions, deletions, and/or consolidations; appropriate spread between minimum and maximum of pay ranges, and recommend a strategy for improvements. Evergreen reviewed and recommended solutions for a pay for performance system/process.
CClassification, Compensation, and Benefits Study
City of Portland, Texas
Evergreen Solutions was engaged with the City of Portland (City) to conduct a Classification, Compensation and Benefits Study. Evergreen’s consultants evaluated jobs within the City and the current pay and benefits structure. A market survey of salary and benefits was conducted among peers approved by the City. Based on the survey results, Evergreen made recommendations for changes to the current classification and compensation system, as well as provided a maintenance tool that the Human Resources Department to use to keep the system current and equitable. Training on this maintenance tool was also provided. NNote: Evergreen was hired in 2024 to conduct a Compensation Plan Update.
Compensation and Classification Study
City of Beaumont, Texas
Evergreen Solutions was retained by the City of Beaumont to conduct a Compensation and Classification Study for its 1,295 employees. Evergreen examined internal equity to determine whether positions were properly classified as well as external equity to determine whether the City was competitive in the market.
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CClassification and Compensation Study
CCity of Kingsville, Texas
Evergreen Solutions was retained by the City of Kingsville to conduct a Classification and Compensation Study for 1,172 employees. Evergreen conducted a market salary survey and job analysis to determine internal and external equity and updated the City’s personnel manual.
Compensation and Classification Study
City of Coppell, Texas
Evergreen Solutions was engaged with the City of Coppell to conduct a Compensation and Classification Study. Evergreen reviewed existing job functions by position as they pertained to the current and recommended structure; examined current market position using peer comparisons; developed a comprehensive labor market salary survey for the North Texas region that included other local municipalities; analyzed existing internal hierarchy based on job relationships and essential functions, identified problem areas within the internal hierarchy system and proposed implementation methods to correct identified problems; developed a pay plan; reviewed and recommended assignments of all positions to an appropriate pay grade, as well as made recommendation(s) for corresponding education and experience requirements by classification; reviewed and revised job descriptions; and recommended implementation strategies including calculating the cost of implementing the study results.
EEmployee Compensation Consulting Services
Fort Bend County, Texas
Evergreen was retained by Fort Bend County to provide employee compensation consulting services for its 2,800 employees. Evergreen conducted the following tasks:
x reviewed current compensation plan including policy groups and salary structures;
x conducted Fair Labor Standards Act (FLSA) exempt/non-exempt status review of all positions;
x analyzed internal equity and possible compression issues; x completed salary survey of City and County governments in the State of Texas as designated by the County;
x designed and executed a salary survey, analyzed results and made recommendations; and
x evaluated and determined each employee’s proper step placement on the newly approved salary grade structure.
Note: Evergreen was previously hired to conduct a similar study for the County.
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CCompensation and Classification Study
BBrazoria County, Texas
Evergreen was retained by the Brazoria County to conduct a Compensation and Classification Study. Evergreen developed a compensation program for the County, evaluated current pay grades, and developed a classification system to facilitate the ongoing compensation analysis. Evergreen assessed position titles and identified appropriate employee status in accordance with FLSA. Evergreen then developed multiple alternative recommendations and a communication plan. Finally, Evergreen reviewed and developed different policies procedures and proposed different recommendations.
Classification and Compensation Study
Burnet County, Texas
Evergreen Solutions was retained by Burnet County to conduct a Classification and Compensation Study. Evergreen’s consultants conducted a job analysis to determine the appropriate classification structure for the County and conducted an external salary survey to determine the County’s competitiveness with peer organizations in the labor market.
SSalary Compensation Study
HHood County, Texas
Evergreen Solutions was engaged with Hood County to provide an update of their classification and compensation system. Evergreen evaluated the current system, collected and reviewed current environment data, and evaluated and built the projected classification plan. Evergreen identified a list of market survey benchmarks and conducted a market survey. Evergreen’s consultants provided the County with the external assessment summary, developed strategic positioning recommendations, and developed and submitted draft and final reports and recommendations for compensation administration.
Additionally, Evergreen updated and rewrote job descriptions, as necessary, based on our recommendations. NNote: Evergreen was again hired to conduct a staffing study for the County.
CClassification and Compensation Study
Blanco County, Texas
Evergreen Solutions was retained by Blanco County to conduct a Classification and Compensation Study. Evergreen’s consultant conducted a job analysis to determine the proper hierarchy of jobs within the County; conducted a salary survey and analysis to determine competitive market rates; updated job descriptions; and prepared a final report with cost analysis for implementation of all recommendations.
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CClassification and Compensation Study and Analysis
CCity of Broken Arrow, Oklahoma
Evergreen Solutions was retained by the City of Broken Arrow to conduct a Classification and Compensation Study and Analysis to evaluate the present salary structure as compared to the specific job market for comparable positions in the public sectors. Evergreen performed the following: reviewed all current job classifications, confirmed and recommended changes to hierarchical order of jobs using The City’s evaluation system; established appropriate benchmarking standards and conducted salary surveys as needed for similar positions as required (prefer to assess duplicate benchmarks – both municipalities as well as local employers); identified potential pay compression issues and provided potential solutions; analyzed and recommended changes to the present compensation matrix and/or structure to meet the market analysis; and assessed potential impact of pending DOL changes.
Comprehensive Pay Plan/Compensation Review
City of Salina, Kansas
Evergreen Solutions was engaged with the City of Salina to conduct a Comprehensive Pay Plan/Compensation Review. Evergreen performed an extensive compensation review that compared the City of Salina’s positions with comparable positions of other local government entities, including other Kansas cities of comparable size; and, where applicable, comparable public and private sector positions in the competitive market area. A review of internal equity was also conducted and job descriptions were updated, as needed. Evergreen also conducted a gender/race equity study and provided recommendations on to the City on how to make the compensation structure more equitable.
Classification and Compensation Study
City of Leawood, Kansas
Evergreen Solutions was retained by the City of Leawood to conduct a Classification and Compensation Study. Evergreen performed a review of the existing classification plan and related job descriptions and conducted a salary study that included public and private employers who were providing comparable services. In the end, Evergreen prepared recommendations for compensation policies, including but not limited to: cost of living and merit pay increases, career ladders and variable incentive pay options to maintain competitiveness, reward employees, and to ensure internal pay equity.
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CClassification and Compensation Study
SSedgwick County, Kansas
Evergreen Solutions was retained by Sedgwick County to conduct classification and compensation study for approximately 2,766 employees.
Employees participated in focus groups, interviews, and job analysis to determine the best classifications for the work performed. Classifications were reviewed, as needed, and FLSA determinations were made. Evergreen consultants reviewed pay policies and practices and pay ranges in the public and private sector were analyzed to determine the appropriate pay levels for all included jobs.
Recommendations were provided to improve the fairness and equity within the County and a plan was provided to address maintenance of implemented changes to the County’s classification and compensation system. In addition, Evergreen provided County staff with the necessary training and materials so that an understanding of the methodology and how to implement, administer, and maintain the recommended total classification and compensation system would be accomplished. NNote: Evergreen was again retained in 2022 to conduct a Classification and Compensation Plan Update.
Comprehensive Compensation Study
Shawnee County, Kansas
Evergreen Solutions was engaged with Shawnee County to conduct a Comprehensive Compensation Study. Evergreen conducted an external competitive market study for all current County positions to measure County pay versus market rates for each position. Evergreen further prepared cost proposals and alternatives for establishing market pay rates for each position within three years following completion of the study and provided training to Department Heads and Human Resource Director in plan implementation and maintenance as needed.
Employee Classification and Compensation Study
City of Hot Springs, Arkansas
Evergreen Solutions was retained by the City of Hot Springs to conduct an Employee Classification and Compensation Study. Evergreen performed the following services:
x updated job descriptions to match distinguishing characteristics, essential job functions, minimum qualifications (knowledge, education, experience, skills, and abilities), working conditions (physical demands, work environment, other relevant circumstances.), and certifications and licenses.
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x ensured the updated job descriptions were internal equity and external competitiveness;
x created new job descriptions where needed;
x reviewed the wage, grade pay plan, provided feedback, and suggestions on modifications;
x conducted a comprehensive base salary and benefits survey;
x provided a spreadsheet of all comparable cities based on a combination of factors including, resident population, geographic size, budget, and scope of city services;
x recommended an appropriate salary range for each position based on the classification plan, internal relationships, and equity; and x identified potential pay compression issues and provided possible solutions.
CCompensation and Benefits Study
City of Dardenne Prairie, Missouri
Evergreen Solutions was retained by the City of Dardenne Prairie to conduct a Compensation and Benefits Study. Evergreen reviewed the City’s existing compensation and benefit plan, gathered necessary survey data from comparable municipalities in the St. Louis Metropolitan Area using a customized survey and recommended appropriate pay ranges for all positions (i.e., appropriate spread between minimum and maximum pay ranges and distance between steps, where appropriate). Evergreen further reviewed current job descriptions and titles and rewrote job descriptions to coincide with current responsibilities for each employee. Lastly, Evergreen provided the City with an Administration Manual with plan maintenance procedures.
Comprehensive Compensation Study
City of Troy, Missouri
Evergreen Solutions was engaged with the City of Troy to conduct a Comprehensive Compensation Study. Evergreen performed the following tasks:
x identified criteria that was used in selecting comparable entities. For example, entities with similar population, similar geography, a similar mix of residential and commercial properties, and similar work force;
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x identified the process to normalize the data to adjust for differences in city population, size, or other differences from Troy;
x developed pay/productivity ratios for each City department that demonstrated how much salary was paid on average by each city for certain levels of service;
x performed a job analysis for each position and conducted interviews with employees;
x reviewed all job descriptions and created updated descriptions as needed;
x performed an organization-wide operational efficiency study and identified staffing levels that deviated significantly from that of comparable entities.
x performed a market salary survey to determine competitive salary levels for all positions;
x performed survey of market to compare the type of fringe benefits provided to comparable entity employees that included, but were not limited to, health insurance, dental, vision, life, vacation, sick leave, annual holidays, education reimbursement, training and work hours;
x updated the present salary schedule; and
x recommended compensation policy regarding salary caps.
Compensation Study and Pay Equity Analysis
City of Fulton, Missouri
Evergreen Solutions was retained by the City of Fulton to conduct a Compensation Study and Staff Review that also included a comparison of benefit offerings in the market. Evergreen evaluated employee compensation and right-size staffing in terms of comparability and competitiveness, both from an internal equity and market perspective for similar municipalities and positions in the region. Evergreen also conducted a gender/race equal-pay analysis and provided recommended pay structures.
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CCompensation Study
CCity of Jefferson, Missouri
Evergreen Solutions was engaged with the City of Jefferson to conduct a Compensation Study. The primary focus area for this project to to correct salary compression where it existed and external market benchmarking/ analysis in order to update the City’s compensation plan to make it more competitive. Evergreen’s consultants analyzed the effectiveness of the existing salary structure and recommend changes, if needed, based on best practices for municipal organizations within the market.
Compensation and Benefits Study
City of St. Peters, Missouri
The City of St. Peters has retained Evergreen Solutions to conduct a comprehensive compensation and classification study to determine if the City possesses a compensation and benefits system that is both equitable as compared to the external competitive employment market and equitable internally. In doing so, Evergreen will design a system that will enable the City to recruit, retain, and motivate a qualified workforce as well as compensate employees at a fair, equitable and competitive rate. NNote: This project is ensnaring completion.
Employee Classification and Compensation Study
City of St. Louis, Missouri
Evergreen was hired by the City of St. Louis to conduct an Employee Classification and Compensation Study. Evergreen will conduct a comprehensive evaluation and analysis of all 6,700 jobs within the City to determine relative value within the organization; evaluate all current job classifications; conduct internal salary relationship analysis and make appropriate recommendations; identify and recommend a relevant salary survey benchmark; identify potential pay compression issues and solutions; and provide a maintenance strategy to maintain.
Classification and Compensation Study
St. Charles County, Missouri
Evergreen Solutions was engaged with the St. Charles County Government to conduct a Classification and Compensation Study. The primary purpose of the study was to assist the County in the evaluation of its overall employee compensation and pay structure as compared to the market; to perform a job ([KLELW
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audit and analysis for each full-time position to determine appropriate classification; and to update/develop job descriptions in a standardized format that is ADA and FLSA compliant. At the conclusion of the study, Evergreen provided a recommended job evaluation plan that will allow the County to evaluate positions every two years as well as provided an administration manual with plan maintenance procedures and a summary document that could be used to communicate the compensation system change to current and future employees.
CClassification and Compensation Study
Jackson County, Missouri
Evergreen was retained by Jackson County to conduct a classification and compensation study. Evergreen performed a job and analysis to ensure employee’s duties and responsibilities were accurate. Evergreen updated job descriptions, reviewed the County’s compensation structure, and provided recommendations to optimize the attraction and retention of employees. In the end, Evergreen prepared a report with findings and recommendations to improve the current classification and compensation system.
Comprehensive Compensation and Classification Study
Jefferson County, Missouri
Jefferson County retained Evergreen Solutions to conduct a Comprehensive Compensation and Classification Study to analyze the County’s market competitiveness and internal equity. Located just 40 miles southwest of the City of St. Louis, the County possessed a unique set of challenges being on the border of more rural, suburban, and even metropolitan markets.
Maintaining market competitive compensation and classification plans in these environments required special effort. With this in mind, this study included a comprehensive classification analysis using the Job Assessment Tool job valuation methodology in addition to a statistical assessment of current conditions. An assessment of external equity including a salary survey of competing organizations was conducted. The project concluded with a series of findings and recommendations that were designed to alleviate any strains on the system and, if necessary, redesign the existing system in place for the County.
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CClassification and Compensation Study
JJasper County, Missouri
Evergreen Solutions is retained by Jasper County to conduct a Classification and Compensation Study. Evergreen will:
x conduct a review and update of the County’s compensation (including benefits) of appropriate and comparable employers within the relevant “benchmark” data;
x identify inconsistencies and deficiencies within the current compensation and classification, provide written recommendations for their resolution, and develop a plan for the implementation of the recommendations to include the cost of implementation and the effect on employees. It is the intention of the County to use the results of this "Study" to determine future pay increases based upon the determined market values for job categories for the fiscal 2024 budget;
x identify survey labor market and benchmark county/classes.
Consultant shall establish appropriate “benchmarking” standards and conduct salary surveys as required to analyze and if necessary, recommend changes to existing salary range structures, including the establishment and/or modification of salary range tables and benefits;
x recommend and set forth a transition plan for implementation of the compensation and classification plan to its effective date;
x review and analyze internal position structures, made up of incumbent classifications and re-classifications and verify the accuracy of existing job descriptions to the duties, tasks, responsibilities and qualification requirements for each position, including the development of appropriate internal relationship guidelines. Consultant will ensure all descriptions include contents to meet current legal requirements or recommendations. If job descriptions do not exist for certain job positions, the consultant shall supply a recommended description based upon the vendor review of job responsibilities. Study will also note if the position titles are outdated or deviate from the norm;
x provide a plan for maintenance and updating of the compensation plan; and
x provide reports, both formal and informal, to the County as requested.
NNote: This project is nearing completion.
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TTotall Compensationn Study
GGeneseee County,, Michigan
Evergreen Solutions was retained by Genesee County to conduct a Total Compensation Study. Evergreen performed the following tasks: established appropriate benchmarking standards and conduct salary surveys for similar positions with comparable municipalities and private employers within the same geographic area as required; developedand conducted a comprehensive compensation and benefits survey; analyzed and recommended any changes to the current fringe benefits, wages, and salary structures in order for the County to become or remain competitive with comparable municipalities and private employers within the same geographic area; and providedan estimate of future adjustments, in the next 1-3 years, to maintain a competitive position with other comparable municipalities and private employers within the same geographic area.
Jobb Analysiss off Publicc Safetyy Positions
Cityy off Kalamazoo,, Michigan
Evergreen Solutions was contracted to assist the City of Kalamazoo, Department of Public Safety,to complete a comprehensive Job Analysis Study of all KPSOA and KPSA positions within the Kalamazoo Department of Public Safety (DPS).To ensure the job analysis was accurate and relevant for future employment, transfer, and promotional testing and assessment processes, it was imperative that DPS personnel were involved in the job analysis research. Personnel were requested to identify the essential knowledge, skills, and abilities needed to successfully perform each position through the completion of the Job Analysis Tool and further information was gained through focus groups and interviews. As a result of the study, the City of Kalamazoo now has accurate and current job descriptions for all KPSOA and KPSA positions within the Department of Public Safety.
Compensationn andd Classificationn Studyy
Cityy off Minneapolis,, Minnesota
Evergreen was retained by the City of Minneapolis -Public Works Department to conduct a Compensation and Classification Study for Engineering Titles.
Evergreen’s analysis addressed the following: effectiveness of the current classification titles and salary structure; pay equity for comparable classification titles located both individually and organizationally across multiple Public Works divisions specifically analyzing each position’s job description, title, and pay; competitiveness of current salary ranges to other comparable public and private employers in the region;identification of essential job functions; FLSA designations; and mapping career growth based on vertical, lateral and cross-functional roles.
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CClaassification and Compensation Study
CCity of Moline, Illinois
Evergreen Solutions was retained by the City of Moline to conduct a Classification and Compensation Study. The objectives of the study were to:
develop a new classification plan to provide consistency in the administration of the personnel system; ensure job descriptions accurately reflect the duties and responsibilities of the positions; review exempt status as defined by the Fair Labor Standards Act (FLSA) for certain positions; provide a compensation plan that assures proper internal relationships among classes; and provide recommendations concerning salary levels reasonably comparable to the Quad Cities area pay levels of major public employers.
Compensation Study and Analysis
McLean County, Illinois
Evergreen Solutions was engaged with McLean County to conduct a Compensation Study and Analysis. Evergreen’s consultants performed a comprehensive, valid and reliable job analysis/evaluation of each job class within the County to determine if the current pay grade levels for all classified and appointed positions were still appropriate and conducted a comprehensive wage and benefits survey(s) for the purpose of ensuring that the County pay plans/pay structures and benefits possess external equity and labor market competitiveness. In the end, Evergreen developed a maintenance program to address the need for new job analysis/evaluation (including pay grade recommendation), creation of new job description(s), and the continued maintenance of the Pay Classification Plans.
Classification and Compensation Study Services
City of Urbana, Illinois
Evergreen Solutions was engaged with the City of Urbana to provide Classification and Compensation Study Services. The City of Urbana had sought to achieve the following goals: maintain a high level of employee satisfaction by providing a classification and compensation system that is both fair and competitive; demonstrate fiscal responsibility to the community by providing a classification and compensation system that makes the best of The City’s financial resources; and ensure a close alignment between pay and performance by providing a classification and compensation system that rewards merit.
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SSalary and Benefits Study
CCity of Bloomington, Indiana
Evergreen Solutions was retained by the City of Bloomington to conduct a Salary and Benefits Study. Evergreen examined the wages and benefits of the City’s employees (including transit) as compared to public and private sector entities in Indiana and surrounding areas to determine whether the City’s wages and benefits were competitive in the market.
EEmployee Compensation and Classification Study
Mahoning County, Ohio
Evergreen Solutions was retained by Mahoning County to conduct an Employee Compensation and Classification Study for all the County’s 1,746 employees. Employees participated in focus groups, interviews, and a job analysis was conducted to determine the best classifications for the work performed. Pay ranges were further analyzed in the public and private sector to determine the appropriate pay levels for all included jobs. Evergreen’s consultants also reviewed and updated existing job descriptions and determined FLSA designations for each job title/classification. Evergreen designed an implementation strategy for the compensation system with the lowest financial impact on the County’s operating budget and with the greatest gain to positions that fell outside of a designated range. In the end, recommendations were made to improve the fairness and equity in the current system.
Compensation and Classification Consulting Services
City of Clarksville, Tennessee
Evergreen Solutions was engaged with the City of Clarksville to provide Compensation and Classification Consulting Services for more than 1,450 employees. Evergreen reviewed the City’s current compensation plan, gathered necessary salary data from comparable organizations within a 200- mile radius. Evergreen also evaluated the City’s current classification positions, gathered necessary employee information using a combination of job analysis questionnaires as well as supervisor and employee interviews to determine whether individuals were appropriately classified. Evergreen further updated job descriptions and made FLSA determinations.
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CClassification and Compensation Study Services
CCity of Murfreesboro, Tennessee
Evergreen Solutions was engaged with the City of Murfreesboro to provide Classification and Compensation Study Services. Evergreen conducted a compensation survey by identifying comparable organizations and competitive labor markets for selected position classifications and evaluated the pay structure relative to current labor market conditions to assure the City remains competitive for hiring at various grade levels of employment, including compensation analysis and reporting based on similarly situated employees, similar skills, qualifications, responsibilities, and pay, using job family groupings and EEO job categories that comport with EEOC guidelines for government employers.
CCompensation Study
City of White House, Tennessee
Evergreen Solutions was retained by the City of White House to conduct a Compensation Study. Evergreen reviewed Total Compensation (compensation and benefits) for City employees and provided recommendations of possible wage adjustments that would align with the City’s compensation philosophy. Evergreen also provided a valid analysis of where the City stood relative to peer municipalities regarding compensation of employees in both base pay and total compensation packages.
Compensation Study
City of Morristown, Tennessee
Evergreen Solutions was retained by the City of Morristown to conduct a Compensation Study. Evergreen’s consultants examined employee wages and benefits to assess the competitiveness of the existing compensation and benefits system and to consider the functionality of the current system.
Evergreen worked with the administration to establish and prescribe any necessary adjustments to the classification and compensation pay plan and provided related strategies for implementation.
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EEmployee Classification and Compensation Study
BBllount County, Tennessee
Evergreen Solutions was retained by Blount County to conduct an Employee Classification and Compensation Study for its workforce. Evergreen conducted focus groups and interviews with employees and employees completed a Job Assessment Tool (JAT) that identified work performed.
Evergreen presented to the Human Resources Director and Mayor any resultant classifications recommended in the classification study and provided for the maintenance of the new structure, including periodic review, reclassification review procedure and promotion guidelines.
For the compensation study, Evergreen identified survey labor market and benchmark classes to use for a market analysis; conducted a comprehensive compensation search utilizing other similar public sector employers; completed internal salary relationship analysis, including the development of appropriate internal relationship guidelines; developed externally competitive and internally equitable salary recommendations for each class included within the study in order to maintain appropriate competitive position in relation to other employers within the region; and assigned a salary range to each classification which reflected the results of the market survey and the analysis of internal relationships. Evergreen presented survey results to management to make a decision on overall pay philosophy.
In the end, Evergreen recommended appropriate premium pay options to supplement the compensation plan. Examples included options for pay for certifications, professional licenses, special skills, temporary “acting” assignment at higher level duties, “on-call” and “callout” pay, pay alternatives for exempt level workers not normally eligible for overtime, and similar pay practices. Note: Evergreen Solutions was again retained by the County to conduct a Compensation Plan Update.
Job Classification and Compensation Study
City of Milford, Delaware
Evergreen Solutions was engaged with the City of Milford to conduct a Job Classification and Compensation Study to determine internal equity and external competitiveness with comparable municipalities to ensure the City’s compensation program was competitive. Evergreen evaluated and built a projected classification plan and conducted a market survey to provide an external assessment. Evergreen also developed strategic positioning and compensation administration recommendations for the City and provided revised class descriptions and make FLSA determinations.
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CClassification, Compensation, and Benefits Survey
KKent County Levy Court, Delaware
Evergreen Solutions was hired by Kent County Levy Court (KCLC) in Dover Delaware to conduct a Classification, Compensation, and Benefits Study.
Evergreen’s consultants reviewed all current classification specifications and analyzed, documented, and validated the same for distinguishing characteristics, position definition and purpose, knowledge, skills, abilities, essential job functions, minimum qualifications, education and experience relevance and hierarchal consistency, conformity with ADA language relative to essential job functions (including physical and intellectual requirements), working/environmental conditions, supervision received and exercised, standby/call back responsibilities, and special requirements including licensing, regulatory, and certification requirements.
Evergreen conducted on-site interviews with employees, as well as appropriate supervisor and management personnel, to verify/clarify information received in the questionnaires and to ensure information regarding organizational structure, supervision, essential job duties, and working environment was accurately captured and reflected in the descriptions that were developed. Evergreen recommended updates proposed a new system utilizing a standardized rating system that analyzed each position against multiple evaluation criteria.
Compensation Study
Montgomery County, Pennsylvania
Evergreen Solutions was retained by Montgomery County to conduct a Compensation Study. The study included an examination of the County’s compensation plan in order to provide recommendations for compensation policies, procedures and practices which covered 3,100 full-time employees. and allowed the County to be competitive in the marketplace for attracting and retaining qualified employees.
Evergreen recommended and identified a market position for the County by administering a comprehensive labor market salary survey to select public and private sector peers. Evergreen also conducted a comparative analysis of benefits provided in the market that included PTO, health, dental, vision and prescription, including percentage of contribution between employee and employer, long term disability (LTD), life insurance and pension benefits.
Evergreen then recommended appropriate salary ranges (i.e., min, mid, and max) for all non-represented classifications. Evergreen prepared a cost analysis for the recommended salary ranges.
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CComprehensive Study of Positions within Pittsburgh City Government CCity of Pittsburg, PPennsylvania
Evergreen Solutions was on contract with the City of Pittsburgh to conduct a Gender Disparity Study to evaluate the relative fairness and internal equity of the classification and compensation system. The study included a review of the current system specifically focusing on an: analysis of the existing position/job analysis tools; analysis of the classification process and issues of internal pay equity; and analysis the reliability of the current job classification rating system in producing equitable classification and pay relationships among all employees regardless of gender or other bias. The study concluded with a comprehensive report of findings and recommendations presented to the City Council and Director of Personnel.
Classification and Compensation Study and Analysis
Town of Bridgewater, Massachusetts
Evergreen Solutions was retained by the Town of Bridgewater to conduct a Classification and Compensation Study and Analysis. The purpose of study was to address changes in Town operations and staffing over the past several years, which might have affected the type, scope, and level of work being performed and to also address Police and Fire compensation that took into account the various benefits.
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, authority, and knowledge, skills, and abilities are classified together; provide salaries commensurate with assigned duties; clearly 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 general geographic areas.
Job Classification and Compensation Study
Town of Wethersfield, Connecticut
Evergreen Solutions was retained by the Town of Wethersfield to conduct a Job Classification and Compensation Study. The objectives of the study were to conduct a total compensation plan structure which will provide both internal and external equity, to establish a classification system that accurately describes the duties, knowledge, skills, abilities and minimum qualifications required for each job class, to determine and implement a program of accurate job descriptions based on job analysis, and to develop a maintenance program for job descriptions and classification recommendations.
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CCompensation Study
CCity of Portsmouth, New Hampshire
Evergreen Solutions was retained by the City of Portsmouth to conduct a Compensation Study. Evergreen evaluated employee compensation in terms of comparability and competitiveness from a market perspective with similar municipalities and positions in the region and provided recommendations to assist the City in recruiting and retaining a quality workforce.
CClassification and Total Compensation Review
City of Manchester, New Hampshire
Evergreen Solutions was retained by the City of Manchester to conduct a Classification and Total Compensation Review of 1,200 employees.
Evergreen performed the following tasks in order to achieve the City’s goals:
conducted a job analysis, updated, and evaluated comprehensive wage, benefits, and PTO market survey and comparisons; developed a compensation philosophy and communication plan; revised performance assessment and evaluation system; provided tools and training; and provided recommendations and reports.
Compensation Consultation Services
Genesee County, New York
Evergreen is retained by Genesee County to provide Compensation Consultation Services for all full-time positions in the public sector. Evergreen will provide recommendations to address any anomalies within current pay structures. Evergreen will conduct a survey of salaries; conduct interviews and/or job audits; provide recommended salary ranges for each positions; provide a recommended strategy for implementing any changes; provide training for County staff to enable them to effectively use and maintain the market competitiveness. NNote: This project is nearing completion.
Classification and Compensation Study Services
City of Westminster, Maryland
Evergreen Solutions was retained by the City of Westminster to provide Classification and Compensation Study Services. The scope of work included the review and updating of the City’s current job descriptions as well as providing technical assistance in the development of a comprehensive performance evaluation system to integrate with the new classification system. The primary study objectives for this study were to:
x develop a formal compensation philosophy for adoption by the Mayor and Common Council;
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x identify comparable benchmark employers to guide the City’s future employee salary and benefit decisions to facilitate the attraction and retention of high-performance staff members, while being financially sustainable;
x establish a comprehensive job classification system using the approved job evaluation system that accommodates the City’s needs for an internally and externally equitable, defensible, market sensitive, and easily administered system for all current and future positions within the City;
x train Human Resources staff to apply the adopted compensation philosophy to maintain the adopted classification and compensation system; and
x provide legally defensible classification specifications (ADA, FLSA, and any other applicable federal and state laws).
Note: Evergreen was again hired in early 2021 to conduct a Compensation Plan update.
CClassification and Compensation Study
Prince George’s County, Maryland
Evergreen Solutions was retained by Prince George’s County to conduct a Classification and Compensation Study for approximately 7,000 employees.
Evergreen performed the following tasks: conducted a job analysis to establish and/or redefine grades, classifications groups, and job relationships; identified benchmark jobs from each grade/classification to survey in the market; determined a relevant job market; conducted a customized market salary survey; performed survey data analysis and recommended appropriate pay structures; provided a cost analysis of all recommendations; and presented a final report to the County. Evergreen also provided recommendations for the ongoing internal administration and maintenance of the proposed compensation and classification plan.
Salary and Benefits Review, and Analysis
City of Hyattsville, Maryland
Evergreen Solutions was hired by the City of Hyattsville to conduct a Salary and Benefits Review and Analysis of all classifications. The process included a comprehensive review of market compensation averages using a detailed duties-based salary survey approach as well as a comprehensive benefits survey. Market position was determined, a compensation philosophy was developed and strategic positioning recommendations were made with the goal of providing the City a more equitable compensation model. NNote:
Evergreen was again hired in 2016 to conduct a Compensation System Analysis for the City and in 2023 to conduct a Compensation Plan Update for the City.
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CClassification and Compensation Plan Review
CCity of Annapolis, Maryland
Evergreen Solutions was engaged with the City of Annapolis to conduct a Classification and Compensation Plan Review. The primary objectives of the study were to: review and revise the current classification system; review and revise job descriptions; determine relevant competitive markets by conducting a salary survey of selected peer organizations; propose guidelines for an improved or new compensation program; and provide recommendations to keep the current pay structure competitive.
Compensation Study
Allegany County, Maryland
Evergreen Solutions was engaged with Allegany County to conduct a Compensation and Classification Study. The County was looking for an overall review and recommendations on its current compensation and classifications. To accomplish this, Evergreen conducted: a market and compression analysis; a classification structure review; and a performance evaluation study. Evergreen then provided merit system recommendations.
Note: Evergreen previously worked with the County to conduct a Comprehensive Compensation Study and analysis for the Office of the Sheriff.
CClassification Study / Performance Evaluation System
Talbot County, Maryland
Evergreen Solutions was retained by Talbot County to conduct a Classification Study in 2023. Evergreen conducted a job analysis to determine the appropriate hierarchy of jobs within the County and updated job descriptions as needed. NNote: Evergreen was again hired by Talbot County in 2024 to provide a new Performance Evaluation System using Evergreen’s electronic Job Performance Tracker Tool
Classification and Compensation Study
Frederick County, Maryland
Frederick County has retained Evergreen Solutions to conduct a Classification and Compensation Study. Evergreen will conduct a job analysis to determine internal equity within the County and update job descriptions based on findings from the analysis. Evergreen will also conduct a salary survey by comparing the County’s positions to the market in order to provide recommendations to the County to make salaries more competitive for recruitment and retention purposes. NNote: This project is nearing completion.
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CClassification and Compensation Study
CCity of Falls Church, Virginia
Evergreen Solutions was engaged with the City of Falls Church to conduct a Classification and Compensation Study. Evergreen’s consultants evaluated the City’s present classification system and compensation structure as it compared to the local and regional job market for comparable public sector employers, municipalities and local market competitors. In addition, Evergreen evaluated all positions to determine the relative worth in the City for internal equity and establish pay ranges and progression within the ranges. Evergreen further conducted an analysis of gender pay equity and provided recommendations to the City.
PPay and Classification Study
City of Williamsburg, Virginia
Evergreen Solutions was retained by the City of Williamsburg to conduct a Pay and Classification Study. Employees participated in focus groups, interviews, and a job analysis was conducted to determine the best classifications for the work performed. In addition, pay ranges were analyzed in the marketplace to determine the appropriate pay levels for all jobs.
Recommendations were provided to improve the fairness and equity in the current classification and compensation system.
Classification and Compensation Study
City of Fredericksburg, Virginia
Evergreen Solutions was engaged with the City of Fredericksburg to conduct a Classification and Compensation Study. Evergreen conducted a full job analysis of City positions and revised, if necessary, existing job descriptions based upon the findings of the job analysis. Evergreen also surveyed the local labor market to ensure that the City’s overall package of compensation and benefits was competitive and evaluated whether the City’s current human resources policies were affecting the City’s ability to compete in the labor marketplace. Evergreen assisted the City in updating its current classification and compensation plan and developing a strategy to increase employees’ pay to a competitive level that aligned with the results of the study. Evergreen provided recommendations to the overall classification and compensation plan that provided internal equity and that was competitive in the marketplace to attract and retain qualified employees.
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CClassification and Compensation Study
CCity of Norfolk, Virginia
Evergreen Solutions was engaged with the City of Norfolk to conduct a Classification and Compensation Study for 5,000 employees. Evergreen conducted a job analysis to determine internal equity as well as an external labor market analysis to determine whether the City was competitive with its peers. NNote: Evergreen was again hired in 2024 to conduct a Classification and Compensation Plan Update.
Consulting Services for Compensation Program Transition City of Newport News, Virginia
Evergreen Solutions is retained by the City of Newport News to provide Consulting Services for Compensation Program Transition. Evergreen will carry out a feasibility study, entailing an assessment/evaluation of the City's current compensation program/pay structure (traditional salary ranges) and the viability/practicability of the City's transition from its current pay structure to a broadband pay structure, or multiple structures for specific work groups.
NNote: Evergreen previously conducted a job comparability study for the City and the Newport News Sheriff’s Office.
Classification and Compensation Study
County of Culpeper, Virginia
Evergreen was retained by Culpeper County to conduct a Classification and Compensation Study. The objectives of the study included the following:
attract and retain qualified employees; ensure that positions performing similar work with essentially the same level of complexity and responsibility are classified together; ensure that salaries are commensurate with assigned duties; provide options for compensation growth; provide equitable salaries for all employees of the County; and, provide the County with a salary structure that enables the County to maintain a competitive position with other Counties within the same geographic area. NNote: Evergreen previously conducted a similar study for the County.
Classification and Compensation Study (Phase I)
Loudoun County, Virginia
Evergreen Solutions was engaged with Loudoun County to conduct a Classification and Compensation Study. Evergreen conducted a comprehensive review and evaluation of the County’s compensation philosophy and competitive market and made recommendations to retain, modify and/or change the compensation philosophy and/or competitive market. Evergreen also conducted a comprehensive review and evaluation ([KLELW
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of policies governing the County’s total compensation program (pay and benefits offerings) and classification system; benchmarked the elements of the County’s total compensation and classification program against its current competitive market and other potential competitor jurisdictions; and made recommendations to retain, modify and/or change elements of the total compensation and classification program.
Evergreen further conducted a comprehensive review and an evaluation of the County’s performance plan system; benchmarked the County’s system against the job description systems of its competitive market and other potential competitor jurisdictions; and made recommendations to retain, modify, or change the current system. In the end, Evergreen provided comprehensive recommendations for modifying classification and compensation policies and procedures.
CClassification and Compensation Study (Phase II)
Loudoun County, Virginia
Evergreen Solutions was again hired by Loudoun County to conduct a Classification and Compensation Study (Phase II). Evergreen accomplished the objectives of the Phase II of the study by performing the following tasks:
x developed recommendations on a strategy to implement and administer a compensation philosophy range of 95 percent to 105 percent of the comparator market;
x conducted a comprehensive benchmark market analysis of all County jobs;
x developed a new market competitive pay plan to include an open range pay plan for the general workforce and a “grade and step” pay plan for Public Safety positions;
x provided recommendations for any additional pay incentives and supplements that assisted in maintaining competitive pay as described in Loudoun’s compensation philosophy;
x reached out to peers for information relating to pay grades, pay policies, and benefits information;
x developed a new comprehensive classification system that allows for more levels and specificity within and across each job group, to include the development of standardized job descriptions;
x obtained an analysis of pay compression within the County and recommendations for addressing pay compression once a new pay plan was implemented; and
x developed recommendations for revisions to the Board approved classification and compensation policies found in Chapter 5 of the Human Resources Handbook.
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CClassification and Compensation Study
CChesterfield County, Virginia
Evergreen Solutions was on contract with Chesterfield County to conduct a Classification and Compensation Study and Pay Plan Development for Public Safety. The study included an examination of the County’s classification and compensation system in order to make recommendations for compensation policies, practices, and procedures; and develop a Public Safety Pay Plan.
Evergreen worked with the County to develop a comprehensive plan for County employees based upon an objective analysis and thorough evaluation of job content and internal equity. Evergreen reviewed current job descriptions, salary relationships, classifications, and grade methodology.
Based on this review and a compression analysis, Evergreen recommended pay and classification strategies for the County. Evergreen also identified and recommended pay incentives and supplements for employees and policies and procedures to administer the new Public Safety Pay Plan. NNote:
Evergreen was again hired in 2021 by Chesterfield County and Chesterfield County Public Schools to conduct a Compensation Study. Chesterfield County has 3,600 employees that were included in the study.
Pay and Classification Study
Buncombe County, North Carolina
Evergreen Solutions was retained by Buncombe County to conduct a Pay and Classification Study. Evergreen Solutions conducted a classification analysis using Evergreen Solutions’ Job Assessment Tool job evaluation methodology in addition to a statistical assessment of current conditions. Evergreen Solutions also analyzed local market and benefits data taken from peer organizations to determine the appropriate compensation levels for benchmark positions. Recommendations for adjustments to the compensation and classifications plan were made and procedures for the continued maintenance of the plans were provided. NNote: Evergreen was again hired in 2023 to conduct a Compensation Study.
Comprehensive Position Classification and Compensation Study Gaston County, North Carolina
Evergreen Solutions was engaged with Gaston County to conduct a Comprehensive Position Classification and Compensation Study for its 1,592 employees. The primary objective of the study was to implement a fair, consistent, competitive, equitable, and legally defensible classification and compensation system that allowed the County to attract, reward and retain qualified individuals. To accomplish this, Evergreen Solutions’ consultants performed a comprehensive review of the County's classification and compensation system which included conducting an internal equity analysis of employee salaries.
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Evergreen conducted a market analysis in which the County’s salary ranges and benefit offerings were compared to the salary ranges and benefit offerings at peer organizations. Evergreen Solutions provided recommendations to create a system that not only aligned with the State of North Carolina's substantially equivalency requirement, but allowed for flexibility so as not to inhibit those departments that were not required to have this alignment. NNote: Evergreen was again hired in 2021 to conduct a similar study for the County.
CClassification and Compensation Study and Benefits Survey New Hanover County, North Carolina
Evergreen Solutions was retained by New Hanover County and the New Hanover Alcohol Beverage Control Board to conduct a Classification and Compensation Study for its employees. Evergreen Solutions’ consultants conducted an employee classification and compensation study of public and private employers who were providing equitable services and, based on that study and determined if individualized position/job descriptions were needed, and if so, assisted in the development of those descriptions.
Evergreen Solutions prepared a comprehensive analysis that identified New Hanover County’s competitive position in the labor market and provided a recommendation for total salaries and benefits, including the total compensation package of insurance and other benefits (including paid leave), and prepared recommendations for compensation policies, including variable incentive pay options, to maintain competitiveness, reward employees, and ensure equity. Select County and ABC Board members were provided the necessary training and materials so that an understanding of the methodology and how to implement, administer, and maintain the recommended total classification and compensation system could be accomplished.
Note: Evergreen was again hired in 2022 to conduct an update of the County’s Classification and Compensation plans.
Compensation and Classification Study
Transylvania County, North Carolina
Evergreen was retained by Transylvania County to conduct a Compensation and Classification Study. Evergreen evaluated the current compensation and classification plan and identified classification of existing positions.
Evergreen identified appropriate benchmarking standards and conducted a total compensation survey with comparable municipalities and private sector employers, when applicable. Survey data was provided to the County in a usable electronic format for analysis for each position. Evergreen conducted a solution analysis and developed strategic positioning recommendations.
Evergreen reviewed the total compensation system, identified potential pay compression and/or inequities (both internally and to the market), and provided recommendations. NNote: Evergreen was again hired in 2022 to conduct a Compensation and Benefits Study.
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CClassification and Total CCompensation Study
AAshe County, North Carolina
Evergreen Solutions was retained by Ashe County to conduct a Classification and Total Compensation Study. Evergreen performed the following tasks:
reviewed the existing classification plan and related job descriptions; conducted a salary study including public and private employers who were providing comparable services; prepared recommendations for compensation policies, including cost of living increases, career ladders, certification incentives, and to ensure internal pay equity; and examined and compared benefits in relation to other local governments.
Classification and Compensation Study
Onslow County, North Carolina
Evergreen is retained by Onslow County to conduct a Classification and Compensation Study. Evergreen will provide an updated market study of comparable entities, evaluate the current compensation and classification, perform a pay compression analysis of all County positions, and develop policy recommendations for the administration and maintenance of the classification and compensation system.
CClassification and Compensation Plan Review and Guidance City of Raleigh, North Carolina
Evergreen was hired in the latter part of 2020 to provide Compensation and Classification Plan Review and Guidance to the City for its workforce of more than 4,500 employees to ensure that the City was competitive with the regional market. NNote: Evergreen was hired in 2019 to analyze compression for the City’s fire and police pay plans and recommend conversion options for open range pay plans. In addition, Evergreen was hired in 2020 to review the organizational structure of the Transportation Planning Service Unit.
Classification and Compensation Study
City of Hendersonville, North Carolina
Evergreen Solutions was retained by the City of Hendersonville to conduct a Classification and Compensation Study. The study included the review of the existing classification plan, position descriptions and methods of reclassification, the performance of a salary study and the preparation of pay plan schedules, job descriptions.
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CCompensation and Classification Study
CCity of Goldsboro, North Carolina
Evergreen Solutions was engaged with the City of Goldsboro to conduct a Compensation and Classification Study. Evergreen’s consultants evaluated the current compensation and classification systems for the City; conducted a market survey of comparable peer organizations; developed a final report that outlined the methodology used to conduct the compensation and classification study, documented the results of the study, including all market research; and developed recommendations for the administration of the updated compensation and classification systems.
Classification and Compensation Study
City of Rocky Mount, North Carolina
Evergreen Solutions was retained by the City of Rocky Mount to conduct a Classification and Compensation Study fir its 1,365 employees. Evergreen’s consultants conducted a comprehensive salary study of appropriate public and private sector organizations as well as non-profits and utilities to determine whether the City’s salaries, benefits and wages were competitive within the appropriate job market and reviewed the effectiveness of the City’s overall compensation system. Evergreen further reviewed the City’s salary structure and pay plan to ensure the City can support recruitment and retention of employees more effectively and reviewed the accuracy of position titles and descriptions regarding unique characteristics of the position, essential job functions, minimum qualifications, working conditions, licensing requirements, on-call requirements, and supervisory requirements, etc. Evergreen also provided an analysis of the existing internal hierarchy and internal career ladders where appropriate and assisted the city with efforts to more fully develop and clearly outline job progression opportunities and provide recognizable compensation growth. In the end, Evergreen developed and presented final recommendations with an implementation plan that included the impact of implementing recommended adjustments to current salaries both immediately and in the future. NNote: Evergreen was again hired in 2024 to conduct a Market Salary Survey.
Classification and Compensation Study
City of Southport, North Carolina
Evergreen was retained by the City of Southport to conduct a Classification and Compensation Study. Evergreen reviewed the City’s environment data, evaluated, and built a projected classification plan, conducted a market salary survey, developed strategic positioning recommendations and recommendations for compensation administration, and provided revised class descriptions and FLSA determinations.
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CClassification and Compensation Study
CCity of High Point, North Carolina
Evergreen Solutions was hired by the City of High Point to conduct a Classification and Compensation Study. The aim of this study is to ensure equitable and competitive salaries for all City employees while also establishing a clear and consistent job classification structure. Evergreen will assist the City in attracting and retaining top talent, enhancing employee satisfaction, and improving the overall effectiveness of the City.
CClassification, Compensation and Benefits Study (Includes a Staffing Study) CCity of Clemson, South Carolina
Evergreen Solutions was retained by the City of Clemson to conduct a Classification and Compensation Study and Staffing Study. Evergreen reviewed the existing classification and compensation plan to ensure that all positions within the City were internally equitable and externally competitive.
The objective of the study was to have a creditable Classification and Compensation Plan that ensured positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills and abilities were classified together; provided salaries commensurate with assigned duties and provided recognizable compensational growth, provided justifiable pay differential between individual classes and maintained currency with relevant labor markets. The end product of the study included recommendations for the following: a classification schedule, job descriptions, a wage comparison with comparable cities/towns and a compensation plan.
The Staffing Study documented and reviewed existing operations of the City through a collection of Key Performance Indicators (KPIs) and other outcome-related data. Evergreen developed and collected the staffing and outcome survey and analyzed peer data to determine the relevant staffing range for each department/function, service, and level. Evergreen reviewed the results collected and developed recommendations that identified all gaps between the current and desired staffing by level and functional area of the City.
Classification and Compensation Study
City of Lancaster, South Carolina
Evergreen Solutions was retained by City of Lancaster to conduct a detailed compensation and classification analysis of its employees. Employees participated in focus groups, interviews, and job analysis to determine the best classifications for the work performed. In addition, pay ranges were analyzed in the public and private sector to determine the appropriate pay levels for all included jobs. Recommendations were provided to improve the fairness and equity. NNote: Evergreen previously conducted a similar study for the City.
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CCompensation and Classification Study
CCity of Mauldin, South Carolina
Evergreen Solutions was again retained by the City of Mauldin to conduct a Classification and Compensation Study. Evergreen recommended the assignment of each position within the classification structure using a standardized rating system that analyzed each position against multiple evaluation criteria and conducted a comprehensive benchmark market analysis of all City positions with comparable and surrounding (regional) jurisdictions, institutions of higher education, and applicable private/public sector competitors. NNote: Evergreen previously conducted a similar study for the City.
Comprehensive Classification, Compensation, Performance Management aand Benefits Study
City of Columbia, South Carolina
Evergreen Solutions was retained by the City of Columbia to conduct a comprehensive evaluation of the City’s current compensation and classification structure for its 2,352 employees. The primary objective of the study was to determine whether the City’s current pay structure, policies, and practices were effective as compared to peer organizations or whether future adjustments were needed. Evergreen’s consultants conducted a job-task analysis/job audit of all employee positions to verify and validate information from existing job descriptions. Based on the data collected, Evergreen defined the essential functions of the job class, including, required education, experience, knowledge, skills, and abilities, to ensure compliance with ADA regulations; identified discrepancies between existing and proposed classifications; reported areas that were understaffed or under- utilized; identified management, supervisory, professional, technical and general employees, including each employee’s FLSA status (exempt/non- exempt); evaluated and recommended other programs that could be implemented by the City to attract candidates for hard-to-recruit positions; and developed a tool that the City could utilize to evaluate and process future reclassifications.
To ensure external equity, Evergreen consultants compared the City to what other local jurisdictions were doing as it related to salary ranges, steps within ranges, and range spread, and listed options and made recommendations that could improve the City’s position in the market and its ability to recruit and retain qualified employees. Evergreen reviewed policies and procedures to determine consistency with prevalent practices among City governments and other local jurisdictions related to setting salaries for new hires, and handling transfers, promotions, additional duty pay and retroactive adjustments.
Evergreen also developed and recommended a new and revised performance appraisal instrument(s) that would support the City’s mission and strategic objectives and the City’s compensation philosophy, and would work in concert with the classification and pay system that was established. ([KLELW
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Evergreen consultants worked with the Human Resources Department and other City officials to link the proposed performance evaluation system to the pay structure, and identified any real or perceived internal equity and salary compression issues within the City’s various departments/offices, and listed options to address such questions as to how these issues were addressed by other municipalities.
In the end, Evergreen provided recommendations to the classification and compensation structure along with associated costs or savings of implementing those recommendations. Evergreen also provided training/education presentations to managers and senior management staff to ensure that there was an understanding and commitment to the new classification and compensation system. NNote: Evergreen Solutions was again hired in 2022 to conduct a Compensation Study.
Compensation Study
City of Pickens, South Carolina
Evergreen was hired to conduct a Compensation Study. Evergreen will conduct a comprehensive preliminary evaluation of the existing compensation plan(s) for the City; identify positions to benchmark and identify and develop a comprehensive list of targets for conducting the market salary assessment; develop a plan for all employees, providing issue areas and preliminary recommendations for strategic improvement; slot classifications into the revised or new pay scale; and develop recommendations for a maintenance program.
Salary Parity Study / Structural and Compensation Systems Study Charleston County, South Carolina
In 2005-06, Charleston County conducted a Classification and Compensation Review using another consulting firm. Then in 2007, Evergreen Solutions was hired by the County to review the results and verify the recommendations that accompanied the study. The primary issue examined by Evergreen was the internal equity relationships present within the County's pay plan. The Evergreen Team administered a job analysis tool to County employees that helped determine job worth and verify internal equity relationships as they relate to compensation. Although the study's primary emphasis was ensuring that internal equity relationships were proper, the study also ensured that employees were paid consistently with the market. Evergreen provided detailed recommendations for adjusting the County's pay and classification structure and developed an implementation plan complete with costing information.
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NNote: Evergreen was again hired in 2012 to conduct a Structural and Compensation Systems Study. The Evergreen Team worked with elected official and employee committee throughout the process. Our phases included employee outreach, best practice research, and consensus building to recommend a 21st Century approach to compensation and classification management.
Note: Evergreen Solutions was again retained in 2016 to assist Charleston County with conducting comprehensive market analysis using selected benchmarks. A market survey was conducted to determine the external equity of the County against its peers.
Note: Most recently, Evergreen was hired in 2021 by Charleston County to conduct a Compensation Study. A market survey was conducted to determine the external equity of the County against its peers.
Pay and Classification Study
Dorchester County, South Carolina
Evergreen Solutions was retained by Dorchester County Government to conduct a Pay and Classification Study and make recommendations for implementation of a revised pay plan. The study included all employees and classifications in the County. As part of the study, Evergreen conducted focus groups and interviews with employees, and employees completed a Job Assessment Tool (JAT). Evergreen conducted a comprehensive salary survey of local and regional employers to assess the market competitiveness of the County. Finally, a detailed plan was developed to provide the County with specific steps to implement an equitable and competitive compensation and classification plan.
Note: Evergreen was again hired in 2020 to conduct a Compensation Plan Update.
Classification and Compensation Study
Pickens County, South Carolina
Evergreen was retained by Pickens County to conduct a Classification and Compensation Study for 800 employees.. Evergreen performed the following tasks: provided a comprehensive evaluation of every job within the County to determine relative worth within the organization for internal equity and to establish of pay ranges and progressions within the ranges; reviewed all current job classifications and recommended changes to hierarchical order of jobs using Evergreen’s evaluation system; established appropriate benchmarking standards and conducted a salary survey with comparable local governments and private employers as required; identified potential pay compression issues and provided solutions; and analyzed and recommended changes to the County’s compensation structure to meet market analysis.
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PPay and Classification Study
TTown of Moncks Corner, South Carolina
Evergreen Solutions was engaged with the Town of Moncks Corner to conduct a Pay and Classification Study for its employees. As part of the study, Evergreen conducted orientation sessions, focus groups, and interviews. Employees completed a Job Assessment Tool (JAT) in order to analyze job duties and revise the current classification structure. A market salary survey was issued to local and regional employers to assess market competitiveness. Based on the findings from the classification and compensation review, a new pay plan as well as policies and procedures were recommended.
Classification and Compensation Study
Town of Hilton Head Island, South Carolina
Evergreen Solutions was engaged with the Town of Hilton Head Island to conduct a Classification and Compensation Study for all its employees. The study included the following primary objectives: to conduct a thorough, complete and accurate class specifications/job descriptions for all positions; appropriate valuation of each position relative to other Town positions; and to develop a competitive total rewards package (salary and benefits) relative to similar positions in the market.
Evergreen provided written guidelines for maintaining class specifications/job descriptions, for evaluating/re-evaluating job class specifications/job descriptions and for maintaining model compensation structure (s). Evergreen further recommended pay administration policies to include, but not be limited to, policies regarding movement through ranges, adjustments within pay grades, adjustments for assumption of additional duties (temporary or permanent), reclassifications, promotions, transfers, demotions, career ladders, etc. and recommended reliable external market data sources for salary structure adjustments and determination of merit budget.
Upon recommendation to the Town for the implementation of a new classification and compensation program, Evergreen’s consultants reviewed current performance management system documentation and provided recommendations to strengthen link between pay and performance as appropriate. In addition, Evergreen recommended future merit allocation approaches, considering changes to classification and compensation program and limited budgets. NNote: Evergreen was again hired in 2020 to conduct a similar study.
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CClassification and Compensation Study
CCity of Atlanta, Georgia
Evergreen Solutions was retained by the City of Atlanta to conduct a Classification and Compensation Study for its more than 8,000 employees.
The primary objectives of the study were to: 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 similar geographic areas who are providing comparable and equivalent services.
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 performed the following tasks:
x Evaluated the City's present salary structure as compared to the relevant job market for comparable positions in both the private and public sectors.
x 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.
x 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.
x Analyzed all existing job family classifications, pay grades and salary ranges and recommended modifications as necessary.
x Analyzed all existing FLSA classifications and recommended modifications as necessary.
x Identified potential pay compression issues and provided alternative solutions.
NNote: Evergreen was again hired in the latter part of 2021 to conduct a Classification and Compensation Plan Update.
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CClassification and Compensation Study
CCity of Milton, Georgia
Evergreen was hired to conduct a Classification and Compensation Study for the City of Milton. Evergreen will ensure accurate job classifications and maintain competitive compensation levels within the market. Evergreen will also enhance internal equity by aligning positions with comparable levels of responsibility, complexity, knowledge, skills, and requirements. Evergreen will evaluate job descriptions, duties, responsibilities, and qualifications for accuracy and consistency; recommend updates or revisions to job classifications as needed to ensure alignment with current City needs and industry standard; conduct an external market analysis to benchmark positions; gather data on salary ranges and compensation practices from peer organizations; analyze market data to assess the competitiveness of City salaries and benefits and identify areas for adjustment or improvement; identify any disparities or inconsistencies in compensation across departments or job categories; define salary ranges or bands for each job classification, taking into account factors such as experience, education, performance, and job complexity; and provide guidance and support to the City in implementing recommended changes to job classifications and compensation structures.
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. NNote: Evergreen was again hired by the City on 2019 to conduct a Comprehensive Pay and Classification Study.
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EEmployee Classification and Compensation Study
CCity of Savannah, Georgia
Evergreen was engaged with the City of Savannah to conduct an Employee Classification and Compensation Study for its workforce of 2,500 employees.
Evergreen 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 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 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 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.
Classification and Compensation Study
City of South Fulton, Georgia
Evergreen was retained by the City of South Fulton to conduct a Classification and Compensation Study. Evergreen performed the following tasks: provided a comprehensive evaluation of every job within the City to determine relative worth within the City for internal equity and for the establishment of pay ranges and step progressions within the ranges; evaluated the feasibility of having a twenty ($20) dollar an hour minimum wage; reviewed all current job classifications, confirmed and recommended changes to the hierarchal order of jobs using the proposed evaluation system; established appropriate benchmarking standards and conducted salary surveys as needed for similar positions with comparable Georgia municipalities as required; identified potential pay compression issues and provided potential solutions; analyzed and recommended changes to the current compensation structure to meet market analysis; and evaluated and recommended appropriate compensation (salary and fringe benefits) for elected officials.
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CComprehensive Classification aand Compensation Study
CCity of Garrden 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:
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 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: In 2019 Evergreen was hired to conduct a Compensation Plan Update.
More recently, Evergreen was retained in 2021 to conduct another Compensation Plan Update. Evergreen was again hired in 2024 to conduct a Compensation Study.
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’s 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 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 prepared a new salary structure based on results of the salary survey and best practices and developed 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. Evergreen further provided recommendations for the ongoing internal administration and maintenance of the proposed compensation and classification plan. NNote: In 2022, Evergreen was again hired by the City to conduct a Compensation Study.
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PPay and Classification Study
CCity of Roswell, Georgia
Evergreen Solutions was retained by the City of Roswell to conduct a Pay and Classification Study. Evergreen’s consultants evaluated the City’s present compensation and classification structure, as compared to the relevant job market, for comparable positions in both the public and private sectors to ensure job market competitiveness, internal equity, and fiscal responsibility.
Geographic applicability, specific job comparability, and departmental structure was considered to identify peers, and a market salary survey was conducted. A report of findings and recommendations, including cost estimate to adjust employee pay for new paygrades, was presented to the City Leadership Team, and Elected Officials. NNote: Evergreen was previously hired by the City to conduct a Salary and Benefits Survey.
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 recommended appropriate salary ranges for existing or proposed positions based on the classification study and the compensation survey results. Evergreen 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. NNote: Evergreen was again hired by the City in 2019 to conduct a Salary Review.
Compensation Study
City of Sandersville, Georgia
Evergreen Solutions was hired by the City of Sandersville to conduct a Compensation Study. Evergreen will perform the following tasks: evaluate the job content of each position; produce a new compensation classification and compensation plan, including benefits; identify areas of internal compression and/or equity; review and recommend any changes to the fringe benefits; and present proposed recommendations and final results.
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CCompensation SSalary SStudy aand Survey
FForsyth County, Georgia
Evergreen Solutions was retained by Forsyth County to conduct a Compensation Salary Study and Survey. Evergreen reviewed current wage and salary plans as well as salary grade levels to understand the County’s challenges in recruiting and retaining employees. Evergreen conducted salary and benefits surveys of comparable labor markets by creating and utilizing survey documents developed and designed specifically for Forsyth County Government. The surveys were designed to capture actual salary, base salary, benefits, and classification salary range information to ensure that the County’s salaries and classification salary ranges were competitive with other public organizations in the greater metro Atlanta labor market based upon 2019 cost of living projections and market influences. Evergreen worked with the Executive Team to identify the comparable labor markets, including both public sector, utility agency, and private sector employers, for the compensation survey.
Evergreen prepared a detailed report of findings, written recommendations, and associated implementation costs for the following: specific benchmark classifications, any classification salary range adjustments, and other salary components, which impact the County’s competitive position. All findings included 2018 findings/costs and projected 2019 market influences, cost of living, and any other relevant impacting factors deemed important. NNote:
Evergreen previously conducted a Compensation and Benefits Study for the County.
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 evaluated the County’s present salary structure as compared to the relevant job market for comparable positions in both the private and public sectors. Evergreen performed the following tasks: reviewed 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; reviewed the County’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 recommend modifications as necessary; analyzed all existing FLSA classifications and recommended modifications as necessary; established appropriate benchmarking standards and conducted salary surveys as needed for similar positions with comparable Georgia counties as required; identified potential pay compression issues and provided alternative solutions; and developed applicable classification/reclassification questionnaire.
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CClassification and Compensation Study and Analysis
CColumbus Consolidated Government, Georgia
Evergreen Solutions was engaged with Columbus Consolidated Government to conduct a Classification and Compensation Study and Analysis for its more than 3,000 employees. Columbus is Georgia’s first consolidated city/county government, the second largest city in Georgia and is a recognized leader among its peer cities, and takes pride in its operational efficiency and the excellent quality of life it fosters.
Evergreen conducted an external market analysis to determine whether the City was competitive with its peers. Evergreen worked with Human Resources and City leadership to review its classification and compensation structure and recommended comparable public and private survey markets. Evergreen considered the compensation and benefits package received by employees with the City as it related to both the external and internal markets. The City’s objectives for this 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 Study
Cherokee County, Georgia
Evergreen Solutions was retained Cherokee County to conduct a Classification Study. Evergreen conducted a job analysis by collecting a Job Assessment Tool from employees to determine the appropriate hierarchy of jobs to ensure internal equity within the County and reviewed and revised job descriptions as needed. NNote: Evergreen previously conducted a compensation study in 2022 and a compensation and benefits study in 2018.
Classification and Compensation Study
City of Auburn, Alabama
Evergreen Solutions was retained by the City of Auburn to conduct a Classification and Compensation Study for its 1,200 employees. Evergreen conducted a job analysis to determine internal equity and conducted a salary survey to determine whether the City’s salaries were competitive in the market.
Evergreen also reviewed and updated job descriptions, as needed.
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CCoompensation and Pay Classification Plan Study
CCity of Foley, Alabama
Evergreen Solutions was retained by the City of Foley to conduct a Compensation and Pay Classification Plan Study. The objectives of the study were to conduct and implement a total compensation plan (including benefits) structure for the City’s workforce which would provide both internal and external equity, establish a classification system that accurately describes the duties, knowledge, skills, abilities and minimum qualifications required for each job class, determine and implement a program of accurate job descriptions based on job analysis, and develop a maintenance program for job descriptions and classification recommendations.
Evergreen conducted a wage and benefit survey among competing jurisdictions as well as public and private organizations to determine competitive wages in the appropriate labor market(s). Using the survey results, Evergreen assigned each job to a pay grade with a view toward achieving proper internal relationships among classes and making salary ranges competitive with relevant markets with due consideration of the financial condition of the City. Evergreen provided estimates of the cost to install and implement the new pay plan and recommended a methodology for implementation. NNote: Evergreen was again hired in 2022 to conduct a similar study for the City.
CCompensation and Benefits Study
City of Mobile, Alabama
Evergreen Solutions was retained by the City of Mobile to conduct a Compensation and Benefits Study for its 1,100 employees. Evergreen’s consultants surveyed the market to determine the City’s market position and competitiveness with its peers as it related to compensation and benefits.
Classification and Compensation Study
Baldwin County, Alabama
Evergreen Solutions was retained by Baldwin County to conduct a Comprehensive Classification and Compensation Study. Evergreen consultants conducted a job analysis, evaluated and revised job descriptions, conducted a market salary and benefits survey, developed a new pay plan based on the market results and job analysis, and prepared and presented a final report that recommended a new classification and compensation structure for the County.
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CCompensation, Pay and Benefits Study
LLee County Commission, Alabama
Evergreen Solutions was retained by the Lee County Commission to conduct a Classification, Pay and Benefits Study for approximately 436 employees. To begin this study, Evergreen Solutions conducted a comprehensive, preliminary evaluation of the County’s current pay scale and existing classification plan. Evergreen used its unique Job Assessment Tool© (JAT) to identify classifications of positions and perform job analyses, including an evaluation of supervisory comments. Follow-up interviews were conducted, as needed, and classification changes recommended.
Benchmarks and targets were identified for a market salary and benefits survey. Survey data and internal equity (with proper consideration of the financial condition of the jurisdiction), was used to determine proper pay scale, identify highly competitive positions within the County, and to make strategic positioning recommendations. Evergreen Solutions completed the study by conducting a solution analysis, developing and administering an employee appeals process, developing and submitting final reports, and recommendations for compensation administration to ensure that staff could conduct audits/adjustments consistent with study methods until the next formal study is conducted.
Compensation Study
Shelby County, Alabama
Evergreen Solutions was engaged with Shelby County to conduct a Classification and Compensation Study. Evergreen’s consultants conducted a job analysis to determine the hierarchy of jobs within the County for internal equity as well as a market salary survey with comparable local and private sector employers to determine external equity. Evergreen further reviewed and updated job descriptions.
CClassification and Compensation Study
City of Coral Gables, Florida
Evergreen Solutions was retained by the City of Coral Gables to conduct a Classification and Compensation Study. Evergreen’s consultants conducted a job analysis in order to determine the appropriate classification structure for the City and to update job descriptions. Evergreen also conducted a salary survey for the purpose of ensuring that the City’s pay plan is competitive in the market for retaining and recruiting a talented workforce.
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CClassification and Compensation Study Services
CCity of North Miami Beach, Florida
Evergreen Solutions was retained by the City of North Miami Beach to provide Classification and Compensation Study Services to the Water Department. Evergreen worked with the City to: determine the classifications to include in the job analysis; reviewed the proposed organizational chart; linked proposed classifications to any current classifications; interviewed current water department leadership; documented specific classification challenges; selected peers class specifications to position creation; developed draft class specifications; assembled secondary data on classification plan ranges; determined the average actual compensation for classifications; slotted all classifications into the relevant pay plan; and estimated the cost to hire. NNote: In 2021, Evergreen was hired to conduct a Classification and Compensation Study. Most recently, Evergreen was hired in 2023 to assess the cost of vacancies in the City.
Classification and Compensation Study
City of Fort Myers, Florida
Evergreen Solutions was hired the City of Ft. Myers to conduct a Classification and Compensation Study for all employee groups (i.e., Police Union – Sworn only; Fire Union and General Union and Non-bargaining). The study will include comprehensive classification analysis using Evergreen Solutions’ Job Assessment Tool job valuation methodology in addition to a statistical assessment of current conditions. An evaluation of external equity including a salary survey of competing organizations will also be conducted.
The project will conclude with a series of findings and recommendations designed to identify and recommend resolution of any inequities in the system and, if necessary, redesign the existing system in place for the City Note: Evergreen was again hired in 2020 to conduct a Compensation Study for the City as well as a Staffing Study of the Police Department.
Classification and Compensation Study and Staffing Study City of Pensacola, Florida
Evergreen Solutions was retained by the City of Pensacola to conduct a Classification and Compensation Study as well as a Staffing Study.
For the staffing study Evergreen’s consultants surveyed key staff and stakeholders to validate strategic needs and service areas, clarified duties and responsibilities, documented current functional areas, summarized major programs, answered specific questions regarding departmental organization and operations of the City to assure a valid understanding of the City; assigned functional areas and major programs to the specific strategic ([KLELW
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needs and service areas and weighted the allocated resources. Evergreen further identified jobs by level that fell outside of the estimated staffing thresholds; developed staffing model based on current strategic needs and peer thresholds; prepared summary of findings to the HR team; and identified areas needing improvement. NNote: In 2019, Evergreen conducted a Compensation Study for the City.
Classification and Compensation Study
City of Clearwater, Florida
Evergreen Solutions was retained by the City of Clearwater to conduct a Classification and Compensation Study for 1,882 employees. Evergreen’s consultants reviewed and evaluated existing classification/compensation system and benefits structures; developed a new methodology for pay structures and guidelines to address internal equity and external competitiveness (a salary survey or market study of benchmark jobs against comparable positions in other governments and relevant industries); and prepared updated pay plan schedules.
Classification Study / Compensation Study
City of Orlando, Florida
Evergreen was hired in 2024 by the City of Orlando to conduct a Classification Study as well as a Compensation Study of its more than 4,500 employees.
Evergreen will examine internal equity to ensure that all positions are classification properly and that employees doing similar work are on the proper pay scale. Based on the results of the job analysis, Evergreen will update all job descriptions. Evergreen will also conduct a market survey to determine the competitiveness of the City against its peers. NNote: Evergreen previously worked with the City on more than five occasions providing a variety of human resource consulting, including compensation studies for various employee groups.
Compensation, Classification, and Performance Management Study Manatee County, Florida
Evergreen Solutions was hired by Manatee County to assist with a county-wide Compensation and Classification Study. At the time of the study, Manatee County was a growing county with a population of over 300,000 located on the southwestern coast of FL between Pinellas and Sarasota Counties. An appointed County Administrator oversaw 16 departments, with approximately 2,900 employees within approximately 600 classifications and 58 pay ranges/grades.
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The study included all employees that serve in capacities for the Board of County Commissioners. As part of the review, orientation sessions, focus groups, and interviews were conducted in throughout the county. All employees were asked to complete the Job Assessment Tool (JAT) and job analysis was conducted with the results in order to create a classification plan. A salary survey was issued to local and regional employers to assess competitiveness.
Based on the classification and compensation findings, a new pay plan as well as policies and procedures were recommended to the County. Evergreen Solutions helped the County attain their goal of maintaining a sound process providing a classification and pay structure that is fair, equitable, and systematic with a compensation plan comparable with other governmental jurisdictions and the private sector. In addition, Evergreen reviewed the performance management system in place within the County, and provided recommendations for improvement.
CCompensation Study
Orange County, Florida
Evergreen Solutions was retained by Orange County to conduct a Compensation Study for non-represented staff. Evergreen’s consultants conducted a salary survey to determine the County’s market position and prepared a final report with cost analysis for implementation of all recommendations.
Compensation and Classification Study Services
Monroe County, Florida
Evergreen was retained by Monroe County to conduct a Compensation and Classification Study for 265 non-union employees in 178 classifications as well as 124 union employees in 46 classifications who are represented by the Teamsters bargaining unit. Employees participated in focus groups, interviews, and a job analysis to determine the best classifications for the work performed. Evergreen’s consultants compared the County’s positions to other similar positions within other County departments to determine the relative value of each position to every other position in the County.
Comparisons were made with regard to the actual work being performed and based on the current job description. In addition, positions were compared to other similar positions in other private and public sector organizations throughout the Florida Keys and South Florida. Characteristics such as size of the organization, geographic proximity, economic and budget characteristics, and other appropriate demographic data were taken into consideration when making comparisons. Evergreen’s consultants also analyzed pay ranges in the public and private sector to determine the appropriate pay and benefit levels for all included jobs.
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implement, administer, and maintain the recommended total classification and compensation system could be accomplished. NNote: Evergreen was again retained in 2018 to conduct an update of the County’s Classification and Compensation Plan to include fire and rescue. Most recently, Evergreen was retained in 2022 to conduct a Compensation Study.
Classification and Compensation Study
Palm Beach County, Florida
Evergreen Solutions was retained by Palm Beach County to conduct a Classification and Compensation Study, for more than 7,000 employees, in order to update the County’s current classification and compensation structure. Evergreen performed the following tasks: conducted a job analysis across the County to ensure job descriptions matched the duties performed by the employee; provided an analysis of all positions assigning an appropriate salary grade to ensure fairness and equityand included recommendations for all positions that were found to be above or below the assigned salary grade; and conducted a market compensation analysis of salaries and wages of like or similar jobs of comparable Florida public organizations with similar position and organizational characteristics.
Classification and Compensation Study
Pinellas County, Florida
Evergreen Solutions was retained by Pinellas County to conduct a comprehensive classification and compensation study for 3,100 employees that included recommendations and suggestions for an implementation and maintenance process that effectively provided the County with the resources and expertise to further enhance its classification and compensation program. A comprehensive job classification and pay study hadn’t been conducted since 2004 so the County believed it was important to invest in a study that would look at both internal and external equity.
The objective of the study was to have a credible classification and compensation plan that: allowed positions performing similar work with similar levels of complexity, responsibility, and knowledge, skills and abilities to be classified appropriately; identified salaries for assigned duties; outlined promotional opportunities and possible compensation growth; identified pay differential between individual classifications; and identified relevant labor markets.
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33.2 RReferences
We have provided you with the following four references that we feel demonstrate the breadth and quality of the work our team has performed as within the past five years it relates to the services being requested by the City of Bell Gardens. We invite you to contact our client references as to the quality and timeliness of our consulting projects. Additional references are available upon request.
CComprehensive CClassification and Compensation Study
City of Camarillo, California
Contact Information: Carmen Nichols, Assistant City Manager, (805) 383- 5679, [email protected]
Length of Engagement: 8/11/2022 – 8/11/2023
Number of Participants: 149 full-time employees
Classification and Compensation Study
City of Fresno, California
Contact Information: Yer Taylor, Senior HR Analyst, (559) 240-8526, [email protected]
Length of Engagement: 2/15/2024 – Present. This project is nearing completion
Number of Participants: 900 Local 39 bargaining unit employees
Classification and Compensation Study
Inyo County, California
Contact Information: Keri Oney, Assistant Personal Director, (760) 878-0294, [email protected]
Length of Engagement: 3/1/2024 – Present. This project is nearing completion
Number of Participants: 517 employees
Classification and Compensation Study
Pleasant Valley Recreation and Park District, California Contact Information: Dylan Gunning, Administrative Analyst, (805) 482 - 1996 x110, [email protected]
Length of Engagement: 9/23/2022 to 8/31/2023
Number of Participants: 45 full-time employees
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Section 4.0
Additions or Exceptions
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4.0 Additions or Exceptions
Evergreen Solutions, LLC has no exceptions to the Request for Proposals or the City’s Standard Professional Services Agreement.
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Section 5.0
Pricing
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5.0 Pricing
Evergreen Solutions, LLC is pleased to present our price to provide Classification and Compensation Study Services to the City of Bell Gardens. 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 price are reasonable so we can pass that compensation savings on to our clients.
Our total, not-to-exceed, fixed price to complete all tasks identified in our detailed work plan in SSection 4 of our proposal is $$42,500. Our price is all inclusive, and includes travel costs (meals and lodging), transportation, fringe benefits, indirect costs (overhead), clerical support, and all other out- of-pocket costs. Our price includes two onsite visits to the City to conduct the study as most of the work can be performed virtually.
Our preferred invoicing schedule is as follows:
x 25% - upon completion of Tasks 1 – 2
x 25% - upon completion of Tasks 3 – 4
x 40% - upon completion of Tasks 5 – 8
x 10% - upon completion of Tasks 9 - 11
We are willing to negotiate the time, scope, and price of the basic tasks, or any other options that the City of Bell Gardens wishes to identify.
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Section 6.0
Pending Litigation and Insurance
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6.0 Pending Litigation and Insurance
As required in the Request for Proposals, we have attached proof of the required insurance coverage (i.e., Certificate of Liability Insurance). Evergreen has no pending litigation against the firm nor has the firm had any litigation in the past five years.
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ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDL SUBRLTR INSD WVD
PRODUCER CONTACTNAME:
FAXPHONE(A/C, No):(A/C, No, Ext):
E-MAILADDRESS:
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 COMPENSATIONAND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
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CLAIMS-MADE AGGREGATE $
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If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
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(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
9/23/2024
(850) 386-1111 (850) 385-9827
23280
Evergreen Solutions, LLC
2528 Barrington Circle Unit 201
Tallahassee, FL 32308
29424
29459
A 1,000,000
ENP0586601 8/17/2024 8/17/2025 500,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000A
EBA0586601 8/17/2024 8/17/2025
2,000,000A
ENP0586601 8/17/2024 8/17/2025 2,000,000
B
21WECAB8IM0 10/24/2023 10/24/2024 1,000,000
1,000,000
1,000,000
C Professional Liab 21 PG 0567622-24 8/17/2024 Per Claims 3,000,000 C Professional Liab 21 PG 0567622-24 8/17/2024 8/17/2025 Aggregate 3,000,000 City of Bell Gardens
7100 Garfield Avenue
90201
EVERSOL-01 EREDMON
Hub International Florida1117 Thomasville Road
Tallahassee, FL 32303
Cincinnati Indemnity Company
Hartford Casualty Insurance Company
Twin City Fire Insurance Company
X
8/17/2025
X
X
X
X X
X X
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Section 7.0
Methodology
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7.0 Methodology
In this section, we provide our approach and methodology for providing Classification and Compensation Study Services to the City of Bell Gardens; a detailed work plan─ identifying the tasks, activities, and milestones necessary to accomplish the deliverables in the scope of services of the Request for Proposals; and a proposed timeline.
77..1
AApproach aand
Methodology
Evergreen Solutions is uniquely qualified to providing Classification and Compensation Study Services to the City of Bell Gardens as our team includes recognized experts in local government human resources management and understands that there is not a “one size fits 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:
x focuses on market competitiveness;
x is based on the organization’s compensation philosophy; x recognizes that compensation is comprised of more than just base pay levels;
x reflects changes in recent compensation strategies;
x 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 x 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, City Manager, and the Human Resources Department throughout the process to ensure constant communication of issues, concerns, and potential outcomes. We work closely with your staff to gain a solid understanding of your current operational realities, challenges, and desired outcomes.
Moreover, Evergreen will work with you to balance your need to meet your performance goals while carefully managing your 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 ([KLELW
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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 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.
Listed below is an overview of the typically recommended approach that Evergreen takes when conducting a study of this nature.
KKick Off Meeting
Evergreen begins each engagement by meeting with our client’s leadership team. Frequently, this initial meeting will accomplish several goals, including:
x finalizing the project work plan;
x identifying milestone and deliverable dates;
x gaining insight into the management structure and approach; x collecting classification, compensation, and benefits data; x identifying additional data needs; and
x 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.
CCommunication
PPlan
Communication is a critical component of providing Classification and Compensation Study Services. 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 Project Manager 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.
EEmployee
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 ([KLELW
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project and the question-and-answer formats allow employees to become engaged in the process. During these sessions, Evergreen’s consultants can also help to manage expectations since some employees may have unrealistic expectations based on anecdotal information.
DDepartment Head
IInterviews
Evergreen staff conduct one-on-one interviews with department heads (in addition to any other employees the client determines is necessary) to identify challenges for 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.
JJob Assessment
TTool and
MManagement Issue
TTool
Another important activity undertaken at this time is the distribution of Evergreen’s 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:
x scope of duties;
x complexity of work;
x supervision received and exercised;
x physical requirements;
x financial responsibilities;
x analytical/mental requirements;
x knowledge and skills required for the job; and
x level of responsibility/reporting relationships.
Evergreen will contact the client’s Project Manager 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.
EExhibit 77-1 below depicts a screenshot of the JAT home screen showing the levels of access for a Supervisor. 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.
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EExhibitt 77--11
SSupervisor’ss JATT Homee Screenn
Source: Evergreen Solutions, 2024
Exhibitt 77-22 illustrates how Evergreen 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 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.
Welcome to the Job Assessment Tool!
Logout
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EExhibitt 77--22
JJobb Descriptionn andd Responsibilitiess
Source: Evergreen Solutions, 2024
Exhibitt 7-33 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 to assess the validity of the present classification structure and identify classifications or individuals within classifications that need to be restructured or reclassified.
Basic Job Information
Basic Job-Related Information
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EExhibitt 77--33
JJobb Functions
Source: Evergreen Solutions, 2024
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 staff during the analysis portion of the project.
PPreliminaryy
AAssessmentt
As a starting point for analysis, Evergreen’s project consultants review the client’s database in comparison to the pay plan and information collected from the JATs to produce a preliminary assessment. The preliminary assessment summarizes the strengths and weaknesses of your human resource management system. The compensation analysis focuses on the number of pay grades, range widths, percentage differences between grades, step plans versus open range plans, and the expected time to reach full job competency. The overall analysis focuses on structure, movement, and equity (internal) as well as specific concerns such as turnover, longevity, (Continued)
Basic Job Information
((((((CCCCCCoooooonnnnnnttttttiiiiiinnnnnnuuuuuueeeeeedddddd)))))) Basic Job Information
Essential Job Functions
Logout
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compression, and range anomalies. The issues we identify in the assessment become core considerations in creating the potential solutions later in the process.
JJob 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 any need for further investigation of specific positions. If serious discrepancies exist, Evergreen’s consultants will work directly with the Client Project Manager 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.
CCompensation
Our approach to compensation 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.
MMarket SSalary aand
BBenefits 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.
In addition, a benefits survey will also be administered in tandem with the market survey. Special consideration can be given to select highly competitive, market-driven positions if necessary.
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BBenchmarks
One of the most important components of the external assessment is in the selection and utilization of benchmark positions for the labor market survey.
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 organizationthe 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.
TTargets
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 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.
UUnifying 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.
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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 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.
CCompensation
AAdministration
GGuidelines
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:
x how employees will move through the pay structure/system as a result of transfers, promotions, or demotions;
x how to pay employees whose base pay has reached the maximum of their pay range or value of their position;
x the proper mix of pay and benefits;
x how often to adjust pay scales and survey the market; x timing of implementation; and
x how to keep the system fair and competitive over time.
SSyystem
MMaintenance
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 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 plan changes, update market information, make determinations on reclassifications, and create new jobs. By automating these tasks, JJobForce Manager allows our ([KLELW
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clients to not only streamline, but also increase the fairness and transparency of regular compensation and classifications tasks after solution implementation.
EExhibit 77-4 displays the interface from JobForce Manager for determining a positions pay grade; additional features include a job scoring tabulation sheet, market survey results database and summary report, pay plan 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 provided to key decision makers.
EExhibit 7-4
JobForce Manager Tool
Source: Evergreen Solutions, 2024
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77..22
DDetailed Work
PPlan
The detailed work plan that Evergreen proposes to use to provide Classification and Compensation Study Services to the City of Bell Gardens is provided in this section. Evergreen understands the City has approximately 147 full-time employees that will be included in the study.
Our work plan consists of the following 11 work tasks:
x Task 1: Project Initiation
x Task 2: Evaluate the Current System
x Task 3: Collect and Review Current Environment Data
x Task 4: Evaluate and Build Projected Classification Plan and Make FLSA Determinations
x Task 5: Identify List of Market Survey Benchmarks and Approved List of Targets
x Task 6: Conduct Market Salary and Benefits Survey and Provide External Assessment Summary
x Task 7: Develop Strategic Positioning Recommendations x Task 8: Conduct Solution Analysis
x Task 9: Develop and Submit Draft and Final Reports x Task 10: Develop Recommendations for Compensation
Administration
x Task 11: Provide Updated Class Descriptions
Task 1.0
Project Initiation
TASK GOALSS
x Finalize the project plan with the City.
x Gather all pertinent data.
x Finalize any remaining contractual negotiations.
x Establish an agreeable final timeline for all project milestones and deliverables.
TASK ACTIVITIES
1.1 Discuss with the City’s Project Manager (CPM), City Manager, Director of Finance & Administrative Services, Human Resources Manager, and any other key personnel the following objectives:
x the classification and pay plan study process;
x understand mission and current compensation philosophy; x review our proposed methodology, approach, and project work plan to identify any necessary revisions;
x reach agreement on a schedule for the project including all assignments and project milestones/deliverables; and
x establish an agreeable communication schedule.
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1.2 Identify potential challenges and opportunities for the study. Discuss the strategic direction of the City and some of the short- and long-term priorities. This activity serves as the basis for assessing where the City is going and what type of pay plan will reinforce current and future goals.
1.3 Obtain relevant materials from the City, including:
x any previous projects, research, evaluations, or other studies that may be relevant to this project;
x organizational charts for the departments and divisions, along with related responsibility descriptions;
x current position and classification descriptions, salary schedule(s), benefits plans, and classification system; and
x personnel policies and procedures, including step placement policies.
1.4 Review and edit the project work plan and submit a timeline for the completion of each project task.
1.5 Provide status reports to the CPM, Director of Finance and Administrative Services and the Human Resources Manager throughout the study.
KKEY PROJECT MILESTONES
x Comprehensive project management plan
x Comprehensive database of City staff
TTask 2.0
Evaluate the
CCurrent System
TTASK GOAL
x Conduct a comprehensive preliminary evaluation of the existing compensation plan(s) for the City.
TASK ACTIVITIES
2.1 Obtain the existing pay structure and compensation philosophy (if any). Review the existing pay structure and look for potential problems and issues to be resolved.
2.2 Determine the strengths and weaknesses of the current pay plan(s) for the City. Address any pay compression issues that may exist and discuss possible solutions with the CPM.
2.3 Complete an assessment of current conditions that details the pros and cons of the current system, taking into consideration compensation and benefits, as well as highlights areas for potential improvement in the final adopted solution.
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KKEY PROJECT MILESTONES
x Review of existing compensation plan(s)
x Pay compression issues and solutions
x Assessment of current conditions
TTask 33..0
CCollect and Review
CCurrent
EEnvironment Data
TTASK GOALSS
x Conduct statistical and anecdotal research into the current environment within the City.
x Guide subsequent analytical tasks.
TTASK ACTIVITIES
3.1 Schedule and conduct up to three employee orientation sessions to describe the scope of work and methodology.
3.2 Hold up to five department head interviews to obtain relevant information and statistical/anecdotal data on specific compensation issues and policies. Obtain insight into perceived current compensation system strengths and weaknesses.
3.3 Hold up to six 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 and Human Resources staff to administer the JATs and MITs. Our staff utilizes a web-based tool for data collection, but we can provide paper copies as well as those for classifications without computers or Internet access. We will seek approval from the CPM before distribution of the JAT/MIT questionnaire.
3.5 Review any data provided by the City that may provide additional relevant insight.
KKEY PROJECT MILESTONES
x Department head interviews
x Employee focus groups and orientation sessions
x JAT/MIT distribution
TTask 44..0
EEvaluate and Build
PProjected
CClassification Plan
and Make FLSA
Determinationss
TASK GOALS
x Identify the classification of existing positions utilizing the approved method for job evaluation.
x Characterize internal equity relationships within the City. ([KLELW
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TTASK ACTIVITIES
4.1 Ensure that all draft class specifications are provided to Evergreen by the CPM.
4.2 Review the work performed by each classification and score based on job evaluation. Include an evaluation of supervisory comments.
4.3 Review job evaluation scores and identify the classification of positions.
4.4 Schedule and conduct additional follow-up with employees for jobs where uncertainty exists over data obtained from job evaluation.
4.5 Develop preliminary recommendations for the classification structure and discuss with the CPM. The classification system designed at this point would be based solely on internal equity relationships and would be guided by the job evaluation 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.
4.6 Develop recommendations of FLSA (exemption) status based on results of the job evaluation (JAT) review and federal requirements.
4.7 Identify career ladders/promotional opportunities as deemed appropriate.
4.8 Review recommendations with the CPM.
KKEY PROJECT MILESTONES
x Job evaluation scores by class
x Recommended classification changes
x Recommended FLSA status
x Preliminary job structure based on internal equity
TTask 55..0
IIdentify List of
MMarket Survey
BBenchmarks and
AApproved List of
Targets
TTASK GOALS
x Reach an appropriate number and identify the proper benchmark positions for the external labor market assessment of salary and benefits.
x Identify and develop a comprehensive list of targets for conducting a successful external labor market assessment of salary and benefits.
TASK ACTIVITIES
5.1 Identify, from the initial review, a list of classifications (benchmarks) to include in the labor market survey. NNote: Evergreen will work with the CPM to identify up to 80 classifications to use as benchmarks for the salary and benefits survey.
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5.2 Finalize the list of positions with the CPM.
5.3 For each employee group review with the CPM peer organizations to use as targets for the salary its and benefits survey. NNote: Evergreen will work with the CPM to select up to 20 targets for the salary and benefits survey.
5.4 Develop a preliminary list of organizations for the external labor market survey of salary and benefits, placing a comparative emphasis on characteristics such as:
x size of the organization;
x geographic proximity to the Bell Gardens area;
x economic and budget characteristics; and
x other demographic data.
5.5 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 surveys.
5.7 After approval of survey methodology, develop contact list of peer organizations and notify peers of impending surveys.
KEY PROJECT MILESTONES
x Final list of benchmark positions for the external labor market assessment salary and benefits survey
x Initial list of survey peers
x Survey methodology
x Final list of survey organizations and contacts
TTask 66..0
CConduct Market
SSalary aand
Benefits Survey
and Provide
EExternal
Assessment
SSummary
TASK GOALS
x Conduct the external labor market salary survey.
x Conduct a benefits survey.
x Provide a summary of the market salary and benefits survey results to the CPM.
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.
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6.2 Develop a listing of the current benefits provided by the City for comparisons with peer organizations, and any additional benefits.
6.3 Using the list of City provided benefits and major benefits offerings not provided by the City develop a list of benefits to include in the external labor market survey.
6.4 Prepare benefits survey to be included with salary survey developed in TTask 6.1.
6.5 Contact the targets for electronic completion of the survey. Provide paper copies by fax, if requested.
6.6 Conduct necessary follow-up through e-mails, faxes, and phone calls.
6.7 Collect and enter survey results into Evergreen’s electronic data analysis tools.
6.8 Validate all data submitted.
6.9 Develop summary report of external labor market salary and benefits assessment results.
6.10 Submit summary report of external labor market salary and benefits assessment results to the CPM.
KEY PROJECT MILESTONES
x Market survey instrument
x Benefits survey instrument
x Summary report of external labor market salary and benefits assessment results
TTask 77..0
DDevelop Strategic
PPositioning
RRecommendations
TTASK GOALSS
x Assess the appropriateness of the current compensation philosophy for the City.
x Develop a plan for all employees, providing issue areas and preliminary recommendations for strategic improvement.
TTASK ACTIVITIES
7.1 Identify the compensation philosophy and accompanying thresholds.
7.2 Using the market salary survey data collected in TTask 6.0, and the classification data reviewed in TTask 4.0, recommend the appropriate pay plan(s) for the City.
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7.3 Develop guidelines to assist City staff with determining the starting pay for new employees based on knowledge and experience above the minimum requirements of the position, how difficult the position is to fill, and market competitiveness.
7.4 Identify any extreme current individual or group compensation inequalities and provide a recommended correction action plan and process to remedy these situations.
7.5 Recommend and provide implementation strategies related to other key compensation practices, based on market demands, including pay for performance, skill pay, special assignment pay, certification pay, bilingual pay, promotional pay, and acting assignment pay.
7.6 Produce a pay plan for the City that meets its needs from an internal and external equity standpoint.
KKEY PROJECT MILESTONES
x Proposed compensation strategic direction, taking into account internal and external equity
x Plan for addressing unique, highly competitive positions
TTask 88..0
CConduct Solution
AAnalysis
TASK GOALS
x Conduct analysis comparing job evaluation values.
x Survey results for the benchmark positions.
x Produce several possible solutions for implementation.
TASK ACTIVITIES
8.1 Conduct regression analysis or other appropriate techniques to properly slot each classification into the proposed pay plan for the City.
8.2 Place all classifications into pay grades based on TTask Activity 8.1.
Sort alphabetically by job class title, in descending order by range, and by old class title and new class specifications.
8.3 Create implementation solutions for consideration that take into account the current position of the City as well as the findings from the classification and compensation analysis. Identify and prepare a range of compensation policy alternatives.
8.4 Discuss with the CPM potential solutions.
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8.5 Determine the best solution to meet the needs of the City in the short-term and long-term.
8.6 Document the accepted solution.
KKEEY PROJECT MILESTONES
x Initial regression analysis
x Potential solutions
x Documented final solution
TTask 99..0
DDevelop and
SSubmit Draft and
FFinal Reports
TTASK GOALSS
x Develop and submit a draft and Final Report of the Classification and Compensation Study Services to the City of Bell Gardens. x Present the Final Report.
TTASK ACTIVITIES
9.1 Produce a comprehensive draft report that captures the results of each previous step, including a complete listing of the allocation of job classes to salary range requirements. Provide the CPM, Director of Finance and Administrative Services and Human Resources Manager with a draft final report for review that will include all costs associated with recommendations as well as implementation strategies.
9.2 Make edits and submit necessary copies of the Final Report to the CPM, Director of Finance and Administrative Services and Human Resources Manager.
9.3 Present the Final Report.
9.4 Develop a communication plan for sharing study results with employees of the City.
9.5 Develop a plan for maintaining recommendations over time.
KEY PROJECT MILESTONES
x Draft and final reports
x Final presentation
x Communication plan
x Implementation and maintenance database
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TTask 100..0
DDevelop
RRecommendations
ffor Compensation
AAdministration
TASK GOALS
x Develop recommendations for continued administration by City staff to sustain the recommended compensation and classification system.
x Conduct training.
TASK ACTIVITIES
10.1 Develop recommendations and guidelines for continued administration and maintenance of the classification and compensation system by City staff, including recommendations and guidelines related to:
x how employees will move through the pay structure/system as a result of transfers, promotions, or demotions;
x how to pay employees whose base pay has reached the
maximum of their pay range or value of their position;
x the proper mix of pay and benefits;
x how often to adjust pay scales and survey the market; x the timing of implementation; and
x how to keep the system fair and competitive over time.
10.2 Develop guidelines to assist City staff with determining the starting pay for new employees based on knowledge and experience above the minimum requirements of the position, how difficult the position is to fill, and market competitiveness.
10.3 Recommend recruitment/retention strategies, where appropriate.
10.4 Present recommendations to the CPM for review.
10.5 Finalize recommendations.
10.6 Provide training and instructional tools to Human Resources Department staff to ensure that staff can conduct individual salary audits/adjustments consistent with study methods until the next formal study is conducted using Evergreen’s JJobForce Manager tool that will enable Human Resources staff to estimate future pay plan changes, update market information, make determinations on reclassifications, and create new jobs – allowing for streamlining, and an increase in fairness and transparency of regular compensation and classification tasks after solution implementation.
KKEY PROJECT MILESTONES
x Recommendations for compensation administration
x Recommendations for recruitment/retention policies
x Training on Evergreen’s JJobForce Manager tool
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TTask 111..0
PProvide Updated
CClass Descriptions
TASK GOALS
x Update existing class descriptions.
x Create new class descriptions only for those classifications recommended by Evergreen as a result of the job evaluation. x Provide final version of all class descriptions/specifications in electronic format (i.e., MS Word).
TASK ACTIVITIES
11.1 Assess current class descriptions for form, content, validity, and ADA, FLSA, EEO compliance, etc.
11.2 Discuss any necessary changes to the class description format with the CPM.
11.3 Update classification descriptions based on data gathered from the job evaluation process.
11.4 Create new class descriptions only for those classifications recommended by Evergreen as a result of the job evaluation process.
11.5 Recommend a systematic, regular process for reviewing class descriptions.
KEY PROJECT MILESTONES
x Updated class descriptions
x New class descriptions, as needed
x Recommendations for regular review of class descriptions
7..3
PProposed
Timeline
Evergreen possesses the ability, staff, skills, and tools to provide Classification and Compensation Study Services to the City of Bell Gardens in four months of the project start date and following the signing of the contract. Our project schedule is based on a tentative start date of November 15, 2024, and a completion date of March 15, 2024.
Our proposed timeline, as identified in EExhibit 7-5, can be modified in any way to best meet the needs of the City.
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EExhibit 7-5
Proposed 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 and Make FLSA Determinations
5.0: Identify List of Market Survey Benchmarks and Approved List of Targets
6.0: Conduct Market Salary and Benefits Survey and Provide External Assessment Summary
7.0: Develop Strategic Positioning Recommendations
8.0: Conduct Solution Analysis
9.0: Develop and Submit Draft and Final Reports
10.0: Develop Recommendations for Compensation Administration
11.0: Provide Updated Class Descriptions
M ARFEBPROJECT TAS K S DECNOV JAN
2 02 52024
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CITY OF BELL GARDENS
CONSTRUCTION CONTRACT
FOR
EASTERN AVENUE IMPROVEMENTS
C.I.P. No. 3918
IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, “Contract”) is made and entered into this ___________ day of 2024 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and HARDY & HARPER, INC. (hereinafter, “CONTRACTOR”). For the purposes of this Contract, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably as appropriate.
RECITALS
WHEREAS, CITY requires public works construction services for the Eastern Avenue Improvements, CIP No. 3918, Federally Funded Project CRASTPL-5373(030) (hereinafter, the “Project”); and
WHEREAS, CITY issued notice inviting competitive bids for the Project on September 17, 2024; and
WHEREAS, following the opening of bids on October 22, 2024, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
ARTICLE I (CONTRACT DOCUMENTS)
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices, any and all addenda, Proposal, Bidder Information, all required bonds, insurance certificates, this Contract, permits, notices, affidavits and any future supplemental agreements or Contract change orders, as they may be approved by CITY (hereinafter “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.
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ARTICLE II (WORK TO BE PERFORMED)
CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete, in a good and workmanlike manner, Project as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY, or its representatives.
ARTICLE III (CONTRACT PRICE)
CITY agrees to pay and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of ONE MILLION TWO HUNDRED SEVENTY-EIGHT THOUSAND NINE HUNDRED DOLLARS ($1,278,900) for the Project (hereinafter, the “Bid Price”). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
As authorized by the City Council at its Regular Meeting of November 11, 2024, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Bid Price. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.
ARTICLE IV (NOTICE AND SERVICE THEREOF)
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:
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City of Bell Gardens
Public Works Department
Attn: Public Works Director/Facilities
Bell Gardens City Hall
7100 Garfield Avenue
Bell Gardens, CA 90201
(b) If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
Attn: Michael Amundson, Vice President
Phone: 714-444-1851
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ARTICLE V (INSURANCE)
A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.
B. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this Section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Contract and which is applicable to a given loss, claim or demand, will be equally available to CITY.
C. Without limiting CONTRACTOR’s indemnification of CITY and/or the Indemnified Parties and prior to commencement of the Project, CONTRACTOR shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
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D. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
E. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
F. Umbrella or excess liability insurance. [If required to meet higher limits].
CONTRACTOR shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. S uch policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
G. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
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I. CONTRACTOR’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.
J. Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
K. Builder’s risk (course of construction). Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk (course of construction) coverage for the entire duration of the Project until only the CITY has an insurable interest. The builder’s risk coverage shall include the following:
The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall b e made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.
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L. Installation floater. If required by the CITY or not covered by builders’ risk (course of construction) coverage, CONTRACTOR shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by CONTRACTOR. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must include property of others in the CONTRACTOR’s care, custody, or control. In addition to CONTRACTOR, the CITY and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.
M. Other provisions or requirements:
Proof of insurance. CONTRACTOR shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter.
CITY reserves the right to require complete, certified copies of all required insurance policies, at any time and CONTRACTOR agrees to provide the same.
Duration of coverage. CONTRACTOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, its agents, representatives, employees, subcontractors or subconsultants. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self- insurance shall be called upon to protect it as a named insured.
Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the ([KLELW
insurer. The CITY, its officials, officers, agents, and employees, shall be included as additional insureds under the products and completed operations coverage.
CITY’s rights of enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Contract.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the CONTRACTOR’s insurers are unwilling to provide such notice, then CONTRACTOR shall have the responsibility of notifying the CITY ([KLELW
immediately in the event of CONTRACTOR’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the Project by CONTRACTOR (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of CONTRACTOR under this Contract.
CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. However, in the event CONTRACTOR’s subcontractor cannot comply with this requirement, which proof must be submitted to the CITY in writing, CONTRACTOR may still be able to utilize the subcontractor provided CONTRACTOR shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the CONTRACTOR, but in all other terms consistent with the CONTRACTOR’s requirements under this Contract. This provision does not relieve the CONTRACTOR of its contractual obligations under the Contract and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide CONTRACTOR with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONTRACTOR under this Contract given the limited scope of work or services provided by the subcontractor. CONTRACTOR agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to CITY for review.
CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
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Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project.
ARTICLE VI (EXECUTION)
A. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with CONTRACTOR’s, its officers, agents, employees, or subcontractors (or any agency or individual that CONTRACTOR shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s attorney unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.
B. CONTRACTOR’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Contract, CONTRACTOR shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court ([KLELW
of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.
ARTICLE VII (EXECUTION)
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein.
ARTICLE VIII (COMPLETION DATE)
The CONTRACTOR shall complete all work in every detail within seventy-five (75) working days comprised of five (5) working days for mobilization and seventy (70) working days for construction, after the effective date in the Notice-to-Proceed with the Work to be issued by the CITY.
ARTICLE IX (RECORDS & AUDITS)
CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the CITY to assure proper accounting for all Project funds. These records will be made available for audit purposes to the CITY or any authorized representative and will be retained for 5 years after the expiration of this contract unless permission to destroy them is granted by the CITY.
ARTICLE X (PREVAILING WAGES)
(a) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
(b) By the execution of this Contract, CONTRACTOR hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code Section 1725.5 (contractor registration).
(c) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to the CITY, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by CONTRACTOR or by a subcontractor. ([KLELW
(d) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1776 which requires CONTRACTOR and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (iii) inform the CITY of the location of the records.
CONTRACTOR is responsible for compliance with Section 1776 by itself and all of its subcontractors.
(e) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(f) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the CITY. CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day or portion thereof during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division, 2, Part 7, Chapter 1, Article 3 of the California Labor Code. CONTRACTOR may, with the approval of the Director of Public Works/Facilities, or their designee, use its employees to carry out work on the Project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:
• Week days (Monday through Fridays) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty- eight (48) hours work in a seven (7) day period week at one and one- half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.
• Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period.
(g) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s ([KLELW
compensation or to under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.”
ARTICLE XI (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime CONTRACTOR or subcontractor to pay any subcontractor not later than ten (10) days of receipt by CONTRACTOR of each progress payment, unless otherwise agreed to in writing. In addition, Federal Regulation (49 CFR 26.29) requires a prime contractor or subcontractor to pay a subcontractor no later than 30 days of receipt of each payment, unless any delay or postponement of payment among the parties takes place only for good cause and with the prior written approval of the agency. Section 7108.5 of the California Business and Professions Code also contains enforcement actions and penalties. These requirements apply to both DBE and non-DBE subcontractors.
Prompt Payment of Withheld Funds to Subcontractors
Federal Regulation (49 CFR 26.29) requires one of the following three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor:
1. The local agency may decline to hold retainage from prime contractors and prohibit prime contractors and subcontractors from holding retainage from subcontractors.
2. The local agency may decline to hold retainage from prime contractors and include a contract clause, obligating the prime contractor and subcontractors to make prompt and full payment of any retainage kept by the prime contractor or subcontractor to all subcontractors within 30 days after the subcontractor’s work is satisfactorily completed.
3. The local agency may hold retainage from the prime contractor and provide for prompt and regular incremental acceptances of portions of the contract, pay retainage to prime contractors based on the acceptances, and include a contract clause obligating the prime contractor and subcontractors to pay all retainage owed to all subcontractors for satisfactory completion of the accepted work within 30 days after receipt of the retainage. This clause must require the prompt release of retainage payments from the prime contractor to the subcontractor within a specified number of days after the subcontractor’s work is satisfactorily completed.
In the above methods, a subcontractor’s work is satisfactorily completed when all tasks called for in the subcontract have been accomplished and documented as required by the agency. The work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed, when an agency has made an incremental acceptance of a
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portion of the contract work. Federal Regulation (49 CFR 26.29) also requires that any delay or postponement of payment among the parties may take place only for good cause, must have the prior written approval of the agency, and that appropriate means of enforcement such as those contained in Section 7108.5 of the California Business and Professions Code must be included in the contract.
Annually, the local agencies choose one of the above three methods to ensure prompt pay. The local agency’s choice will be reported to Caltrans when it completes the “Annual DBE Submittal Form” (Exhibit 9-B).
ARTICLE XII (DBE REQUIREMENTS)
DBE Requirements for this project is subject to Title 49, Code of Federal Regulations Part 26 (49 CFR26) entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” In order to ensure Caltrans achieves its federally mandated statewide overall DBE goal, the City of Bell Gardens encourages the participation of Disadvantaged Business Enterprises (DBEs), and Underutilized Disadvantaged Business Enterprises (UDBE) as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with Federal Funds. The CONTRACTOR shall not discriminate on the basis of race, color, national origin, ancestry, religion, handicap or sex in the award and performance of subcontracts. Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE and UDBE Regulations in their entirety are incorporated herein by this reference. See Form FHWA 1273 in the Federal-Aid Requirements Section of this Specification (Appendix “E”) of the Contract Documents.
ARTICLE XIII (LIQUIDATED DAMAGES)
A. Pursuant to Government Code Section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Contract Documents, it is understood, acknowledged, and agreed CITY will suffer damage. It is therefore agreed that CONTRACTOR shall pay to CITY the sum of FIVE HUNDRED DOLLARS ($500.00) for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the [Project Schedule], or beyond the time indicated in the Contract Documents for any individual Project activity.
(SIGNATURES ON NEXT PAGE)
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IN WITNESS THEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract to be executed in triplicate by setting hereunto their names, titles, hands, and seals this ___________ day of _________, 20____.
Contractor: ____________________________________________________
____________________________________________________
(Signature)
Name and Title (Printed) ___________________________________________
CONTRACTOR’s License No. __________________ License Class_____________
CONTRACTOR Business License No. _____________________________________
Federal Tax Identification No. _______________________________________
Subscribed and sworn to this ______ day of __________________, 20______.
NOTARY PUBLIC________________________________________________
CITY: ____________________________________________________ Mayor
Attested: ____________________________________________________ City Clerk
Date ________________________________________________
Approved as
to form: ____________________________________________________ City Attorney
Date ________________________________________________
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“Contract Documents”
Due to size limitations, Contract Documents can be found in the below link:
https://www.bellgardens.org/Home/Components/RFP/RFP/220/304
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FAITHFUL PERFORMANCE BOND
FOR
EASTERN AVENUE IMPROVEMENTS PROJECT
CIP NO. 3918
The CITY OF BELL GARDENS, hereinafter “City,” entered into a Contract dated ______ _____ , 20___ with ____________________________ hereinafter Contractor,” for the work described as follows:
Eastern Avenue Improvement Project – CIP No. 3918
WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.
NOW, THEREFORE, we, ______________________________, the undersigned Contractor, as Principal, and __________________ [corporate surety] ___________, a corporation organized and existing under the laws of the State of _____________ , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of ______________________ ______________ , lawful money of the United States, said sum being not less than one hundred percent (100%) of the total Contract amount, for the payment of which sum be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above-bounded Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and perform the covenants, conditions, and agreements in said Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion of said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of said work, during which time if the above-bounded Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in said sum shall remain in full force ([KLELW
and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ___________ day of _________________ , 20___.
(Contractor as Principal)
(Seal) By:
(Seal) By:
NOTE: If Contractor is a Partnership, all parties must execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
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LABOR AND MATERIALS BOND
FOR
EASTERN AVENUE IMPROVEMENTS PROJECT
CIP NO. 3918
The CITY OF BELL GARDENS, hereinafter “City,” has awarded to ,hereinafter “Contractor,” a Contract for the work described as follows:
Eastern Avenue Improvement Project – CIP No. 3918
WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.
NOW, THEREFORE, we, __________________________________ , the undersigned Contractor, as Principal, and , a corporation
organized and existing under the laws of the State of duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the _____________________________ in the sum of_____ _____________________________________________________ ( __________ ), said sum being not less than one hundred (100%) percent of the total Contract amount payable by the City, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, its heirs, executors, administrators, successors, and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 9100, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor thereon of any kind, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in the Contract; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys’ fees to the prevailing party to be fixed by the court.
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This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.
It is further stipulated that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration, or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement described above or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement described above, nor by any rescission or attempted rescission of the Contract, agreement, or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the City and original contractor or on the party of the obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Sections 8400 and 8402 of the California Civil Code and has not been paid the full amount of its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration, or modification.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____ day of ________________________ , 20___.
(Contractor as Principal)
(Seal) By:
(Seal) By:
NOTE: If Contractor is a Partnership, all partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
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