RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve a Professional Services Agreement with MGT of America Consulting, LLC (MGT) for a Citywide Classification Specification and Compensation Study, in an amount not -to - exceed $107,000; and
2. Authorize the City Administrator to approve any contract term extensions based on performance and amendments up to 10% of the contract not -to -exceed amount, or $10,700; and
3. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -year Strategic Goal #7 to Enhance Employee Development, under Objective #7.4, which is to initiate class and comp study.
DISCUSSION:
As a result of the need to retain the professional assistance from qualified vendors to assist Staff with a comprehensive study, Staff prepared an RFP for these services. A total of five (5) proposals were received from qualified vendors experienced in classification specification and compensation studies. These proposals were evaluated by City Staff and the following are the final rankings:
NO.
CONSULTANT
BID AMOUNT
1 MGT
$106,314
2 Ewing Consulting
$ 72,000
3 Planet C
$121,800
4 The Hive
$ 70,000
5 Gallagher
$267,000
Each firm's proposal was required to demonstrate its capacity to deliver a comprehensive and professional study. All proposals were required to outline methodology and logistics capable of meeting the goals outlined in the RFP's Scope of Work.
The MGT RFP provided a proposal that reflected a thorough breakdown of services and resources to complete the citywide study. Throughout the proposal, the MGT proposal offered the City with established resources, technical knowledge, and quality assurance capabilities to successfully support the objectives and goals of the project.
Alice Burnett
Director of Human Resources
City Council Agenda
June 4, 2024
Page3of3
FISCAL IMPACT:
The cumulative not -to -exceed agreement amount for the proposed agreement is $117,700. The award of this agreement does not commit the City to implement any compensation recommendations that may come from the study. As stated above, MGT was deemed to be the most responsive and qualified consultant to provide these professional services. Unlike Public Works Projects, professional services does not have to be awarded to the lowest bidder. Funding for this study is included in the FY 2024-25 Proposed Budget.
Reviewed and approved:
/
Jennifer L6ampman
Director of Finance
Reviewed and approved: Reviewed and approved:
ZOIbue
Rosbnna Ram! ez
Deputy City Adminis
Attachment:
Agreement with MGT
Damien -R. A rula
City Administrator
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
MGT OF AMERICA CONSULTING, LLC (MGT)
THIS AGREEMENT is made and entered into this 5th day of June, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and MGT OF AMERICA CONSULTING, LLC (MGT), a Florida Limited Liability Company ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide a classification specification and compensation study, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scooe of Services. Consultant shall provide the professional services described in Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 [MGT]
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access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed one hundred six thousand, three hundred fourteen Dollars ($106,314), unless authorized herein.
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "Scope of Services", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The City Administrator is authorized to approve a Change Order for such additional services. Where the original contract is $40,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $40,000.00.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A". The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 3 [MGT]
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performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of eight (8) months, ending on February 28, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain
for thirty (30) days or longer; or
f. Institute or suffer to be instituted any
rearrangement of its affairs.
obligation or payment of any
unsatisfied or unbonded of record
procedures for reorganization or
4.3. Compensation. In the event of termination, City shall pay Consultant for 4 [MGT]
Rev. 01/2024
reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development, and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements, in a form and content approved by City, prior to performing any services under this Agreement.
The certificates of insurance and endorsements shall be attached hereto as Exhibit "C" and incorporated herein by this reference.
5.4. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the 5 [MGT]
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parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
MGT of America Consulting, LLC
(MGT)
4320 West Kennedy Boulevard
Suite 200
Tampa, FL 33609
Tel: (888) 302-0899
Attn: Patrick J Dyer, Vice President
IF TO CITY:
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
Tel: (714) 993-8272
Attn: Alice Burnett, Director of
Human Resources
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6 [MGT]
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6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant's sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits, or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors' work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the 7 [MGT]
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independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et 8 [MGT]
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seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Consultant's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:
This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
9 [MGT]
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6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
10 [MGT]
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Date:
Jeremy Yamaguchi, Mayor
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT:
Date:
Signature
Patrick J. Dyer, Vice President
Taxpayer ID Number
APPROVED AS TO FORM:
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Krystal Murillo, Risk Manager
APPROVED AS TO CONTENT:
Date:
Alice Burnett, Project Manager
DEPARTMENTAL APPROVAL:
Date:
Alice Burnett, Director of Human Resources
11 [MGT]
Rev. 01/2024
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
12 [MGT]
Rev. 01/2024
Proposal
MARCH 11, 2024
RFP
Classification Specification and
Compensation Study 2024
City Of Placentia,
California
•
Submitted by:
PATRICK DYER
VICE PRESIDENT
3600 AMERICAN RIVER DRIVE, SUITE 150
SACRAMENTO, CA 95864
888.302.0899
[email protected]
Mwv-
CITY OF PLACENTIA
RFP I CLASSIFICATION SPECIFICATION AND COMPENSATION STUDY 2024 MARCH 11, 2024
Table of Contents
TRANSMITTAL LETTER 1
SCHEDULE OF PERFORMANCE 3
PROJECT UNDERSTANDING & METHODOLOGY 3
PROJECT MANAGEMENT 5
PROPOSED WORK PLAN 6
TIMELINE 15
COMPANY INFORMATION 17
OUR COMMITMENT 18
THE RIGHT FIT 19
EXPERIENCE & QUALIFICATIONS 20
KEY PERSONNEL 24
REFERENCES 40
APPENDIX A. SAMPLE MANAGEMENT ISSUES PAPER (MIP) 42
APPENDIX B. SAMPLE JOB CONTENT QUESTIONNAIRE (JCQ) 43
Proposal Exhibits
Exhibit 1. Proposed Schedule 15
Exhibit 2. Project Organizational Structure 24
" MGT
MGTCONSULTING.COM
•
ransmittal Letter
March 11, 2024
Alice Burnett, Human Resources Director
401 E Chapman Avenue
Placentia, CA, 92870
'• MGT
RE: RESPONSE TO RFP CLASSIFICATION SPECIFICATION AND COMPENSATION STUDY 2024 Dear Ms. Burnett:
MGT of America Consulting, LLC (MGT) is pleased to present this response to your recent request for proposal (RFP) for a Classification Specification and Compensation Study 2024 for the City of Placentia (City). MGT's response provides the City with a detailed schedule of performance, related company information and experience, key personnel who will be working on this project, relevant references, and a separate fee proposal to provide cost-effective services that exceed expectations. We are experts in compensation studies, are familiar with California city governments and laws, and we know we would be a perfect fit for the City's efforts in updating its classification and compensation system based on market and organizational changes the City has made over the last decade.
Why is MGT the Most Qualified to Conduct the City's Study? ✓ Experience. MGT has the experience and certifications that human resources (HR) departments need. MGT staff are certified as Senior Human Resources Management Certified Professionals (SHRM-CP), Project Management Professionals (PMP), and Certified Change Management Professionals (CCMP). Additionally, MGT has conducted numerous human capital studies nationwide, such as HR audits, compensation and classification studies, staffing reviews, performance system updates, and organizational reviews.
Furthermore, many of our clients are repeat clients, attesting to our acumen for local government HR consulting services and our desire to work with each public sector client to create a lasting bond that ensures their success over time. ✓ Best Practices Comparisons. MGT offers the City our extensive experience to identify exemplary management practices — reflective of the City's input and that of comparable localities. This experience gives us not only a ready reference point for reviewing the City's compensation system, but also provides us with practices that have been proven successful in other similar organizations. This knowledge is of significant value when we design recommendations for improvements.
✓ Sound Findings and Data -Driven Recommendations. In our experience, most major improvements in local government operations require bold thinking. In helping the City reconcile its pay system with its evolution and workforce changes, our team members will not hesitate to question existing organizational structures, programs, policies, rules, statutes, operations, work processes, and staffing patterns. We will make sound recommendations for improvements that produce real — not just on paper — savings and ease of future pay administration for the City.
4320 West Kennedy Boulevard, Suite 200 I Tampa, FL 33609 1888.302.0899 I mgtconsulting.com
TRANSMITTAL LETTER
✓ Assistance in the Implementation of Recommendations. We will not simply leave the City with a report and a plethora of recommendations. We will create detailed implementation strategies to support the City with initial implementation and best practice guidance for maintaining and sustaining an equitable compensation study and classification system over the long-term.
✓ Objectivity and Flexibility. As an independent entity, our only vested interest is that of the client. Therefore, we will apply our extensive experience to generating objective, independent solutions to assist the City to achieve the best outcomes. In addition, we will be receptive to your insights and concerns and will accommodate any changes necessary to ensure the successful completion of project deliverables, a valid and responsive final report and, more importantly, an implementable and flexible compensation system relevant to the City's current realities and beyond.
MGT CONTACT INFORMATION
MGT HEADQUARTERS
MGT of America Consulting, LLC
4320 West Kennedy Boulevard I Tampa, Florida 33609
P: 813.327.4717 I www.mgtconsulting.com
FEIN: 81-0890071
PRIMARY OFFICE LOCATION
FOR SERVICES
5245 Avenida Encinas, Suite A I Carlsbad, CA 92008
P: 760.602.9352
PROJECT DIRECTOR /
PROPOSAL CONTACT
Sheena Horton, Director
P: 850.296.7143 I [email protected]
PERSON RESPONSIBLE FOR
CONTRACT NEGOTIATION
John Carrozza, Contracts Manager
P: 224.805.1368 I [email protected]
EXECUTIVE -IN -CHARGE OF
PROJECT
Patrick J. Dyer, Vice President
P: 888.302.0899 I [email protected]
Thank you for the opportunity to submit a proposal to the City of Placentia. Should you have questions on any aspect of this proposal, please contact please contact our Human Capital Director, Sheena Horton, at 850.296.7143 or [email protected].
Regards,
Pat'ritk J. Dyer, Vice President
Authorized to bind the firm
•
4320 West Kennedy Boulevard, Suite 200 I Tampa, FL 33609 1888.302.0899 I mgtconsulting.com
Schedule of Performance
Strict adherence to a detailed work plan and schedule designed for conducting a quality compensation study with clear reporting dates for each major activity.
Project Understanding & Methodology
MGT understands the City's desire for a Classification Specification and Compensation Study to ensure the system takes into account market and organizational changes the City has made since its last Classification and Compensation Study in 2013, as well as making sure the classification plan is in line with current changes and requirements in the law. The primary project outcomes for this study will include:
• A comprehensive evaluation of 131 classifications representing approximately 200 full-time and 50 part-time employees and the current pay plans, including impact of minimum wage increases on part-time classifications.
• Evaluation of existing pay policies and practices.
• A market survey of comparable organizations within the competitive area and internal base salary relationship analysis.
• Recommendations for updated job titles, reclassifications, or consolidations, as appropriate. • Recommendations for appropriate Fair Labor Standards Act (FLSA) exemptions statuses of jobs. • Updated job descriptions.
• Recommendations for revised salary ranges to each classification reflecting the results of market surveys and internal relationship analysis.
• Estimate of the fiscal impact of the recommended changes. • Development of implementation strategies for making any recommended adjustments. • Written report of recommendations and best practice guidance for policies and procedures for developing and maintaining a fair and competitive pay plan.
Classification and Compensation Study Key Tasks immitik Conduct
Initial
Meeting
Finalize
Work Plan
Develop &
Implement
Comm.
Strategy
Review
Existing
Class &
Comp
System
Gather &
Evaluate
Employee
Job Data
Identify
Relevant
Recruit.
Markets
•
Conduct
Market
Surveys &
Benchmark
All Pos.
Revise /
Prepare
Job Desc.
Develop
Class /
Comp
System &
Present
Reports
Develop
Implem.
Strategies
r
INITIAL MEETINGS
Upon agreement to proceed, MGT's project team will hold a meeting with the City's Project Officer and key staff to discuss the study's objectives and to review the project scope, methodology, and timeline.
This will include a review of data collection activities and expectations relative to the type and extent of employee involvement needed. MGT will also share a Data Request Checklist of initial data and •• MGT
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SCHEDULE OF PERFORMANCE
documents requested for the project team's review and establish a deadline for receipt of the necessary information for the study.
During initial meetings, MGT will also discuss with the Project Officer and key staff about the City's compensation philosophy, or market goals, and the strengths and limitations of the current compensation system. These discussions will provide the MGT project team with an understanding of current concerns and opportunities to address them during the study.
The MGT project team will maintain frequent contact with the City's Project Officer, and other key stakeholders as appropriate, to ensure the final components of the revised compensation system meet the City's goals and expectations for the project.
PROJECT ORIENTATION
MGT offers a variety of communications support to help introduce and orient City's employees to the goals and expected outcomes of the study. Communications support includes, but is not limited to, study announcement templates, a Study Frequently Asked Questions (FAQs) sheet, and orientation sessions. Orientation sessions also include an introduction to the study's data collection activities, outlines expected employee involvement, and provides an overview and training to encourage staff engagement and a high -quality data collection of job information.
MANAGEMENT ISSUES PAPER° SURVEY
As part of MGT's staff engagement and data collection activities, we also conduct a Management Issues Paper© (MIP) survey to gather input from department heads and/or supervisors regarding concerns for positions under their supervision. These concerns may include, but are not limited to, issues of recruitment, retention, salary or pay range concerns, career advancement gaps, outdated position titles, or exemption status concerns. A sample MIP is provided in Appendix A of this proposal. Early insights into classification or compensation concerns gathered at the start of the study help the MGT project team to refine our job data and market data collections and to ensure that all aspects of the study are specifically tailored to the areas of most concern to the City to support relevant and practical recommendations and strategies at study completion.
JOB CONTENT QUESTIONNAIRE°
MGT anticipates certain job description information may be outdated and that job incumbents (or their supervisors) may be asked to complete a partial or full Job Content Questionnaire© (JCQ) to ensure the MGT project team has the most up-to-date job data for the study. This information provides a better understanding of a position's job duties and the job's minimum education, experience, and training requirements (including certification and licenses). A sample JCQ is provided in Appendix B of this proposal. MGT's JCQ is a standardized instrument that collects detailed data on a position's duties and qualifications and allows for objective analyses of job content across organizations. If the City currently has a job data collection instrument it prefers instead, then the desired tool could be utilized, as needed, for data collection.
MGT will provide virtual orientation sessions via Microsoft Teams, Zoom, Skype for Business, or a tool preferred by the City, to explain to employees how to complete the questionnaire and the types of data required. Supervisors and department heads will be asked to review the forms completed by employees for completeness and accuracy, making additional comments as necessary. MGT appreciates the fiscal constraints that are common to our public sector clients. As such, we are prepared to facilitate the JCQ process remotely, as appropriate, ensuring an efficient data collection process with minimal interruption to staff and their workday.
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SCHEDULE OF PERFORMANCE
REPORTS
MGT's final recommendations for the study will reflect the identified and highly visible mission, vision, and compensation philosophy of the City. We will provide a draft report with detailed recommendations and implementation cost estimates to the City's Project Officer to ensure all aspects of the proposed report meet the City's standards and provide viable recommendations. We will meet virtually with the Project Officer to review the results and recommendations in the final report and implementation options, which may include multi -year phase -in approaches. After reviewing the draft report, we will make any needed revisions and submit the final reports, which include a confidential version with employee -specific data for Human Resources, and a public version for wider dissemination and to support the City's adherence to any public information requests.
TRAINING AND POST -STUDY SUPPORT
During the study, the MGT project team will work closely with the Project Officer and key staff to provide training on the study processes and as the systems are developed. MGT will train key staff on the study's files to support implementation and ongoing maintenance and administration of the system.
As part of all MGT's compensation studies, we offer optional post -study support to ensure our clients have the guidance and support needed for the successful implementation of study recommendations.
Project Management
MGT uses proven project management
methodologies — multiple
practitioners have their Project
Management Professional (PMP) and
Prosci Change Management
certifications — to ensure we deliver
project results that are on time, on
budget, and meet or exceed client
expectations by identifying long-term,
decision -making solutions.
We find that the two most critical keys
to project success are planning and
communication.
MGT Client Satisfaction Components
Initial Project
Planning
Assignment
of Quality
Staff
Communication
Throughout the
Project Lifecycle
Ise '
Satisfied
Client With
Quality
Product
Responsive and
Flexible to Client
Concerns
Timely
Performance
Quality Review
through
Comparative
Variance Analysis
We take very intentional measures to define milestones, responsibilities, and delivery dates in our planning process, and to track work progress against the work plan daily, providing weekly project status reports. As soon as the contract is awarded, we enhance the project work plan that was included in our proposal by adding specific milestones, delivery dates, and consultant responsibilities. We refine this plan with input from our project initiation meeting(s) with the client. We employ problem -solving skills, technology, and staff adaptability to react to variances between work plan projections and actuals to meet the City's deadline.
Throughout this process, we remain in frequent communication with the client to avoid surprises or conflict. Our project teams are in regular contact with the Project Officer, providing weekly project status updates and bi-weekly status calls to provide a summary of progress and to address any risks or variances from the planned schedule.
Our team's approach to compensation studies is based on the methodologies, models, and tools that we have developed for this specific type of work, coupled with nearly 50 years of service to public sector .❖. MGT
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SCHEDULE OF PERFORMANCE
organizations across the country. To successfully conduct a study, it is important to fully understand the environment in which an organization operates and the objectives of the study to provide a complete, forward -thinking compensation program and final report.
Proposed Work Plan
The tasks below represent MGT's proven work plan for Classification and Compensation Studies. The nature of these tasks requires that some be done sequentially, while others may occur simultaneously.
WORK PLAN TASKS
TASK 1.0: Conduct Initial Meeting and Finalize Project Details TASK 2.0: Implement a Communications Strategy
TASK 3.0: Review Existing Data and the Current Compensation System TASK 4.0: Gather Employee Input and Job Data for Analysis TASK 5.0: Identify Recruitment Market(s) and Conduct Market Survey(s) TASK 6.0: Evaluate and Benchmark Positions
TASK 7.0: Update Job Descriptions as Needed
TASK 8.0: Conduct Market Review and Develop Compensation System TASK 9.0: Develop Cost Estimates and Implementation Strategies TASK 10.0: Prepare and Submit Draft and Final Reports
TASK 11.0: Conduct Project Management Activities
TASK 12.0: Provide Post -Study Support
Task 1.0: CONDUCT INITIAL MEETING AND FINALIZE PROJECT DETAILS
OBJECTIVE(S)
PROJECT DELIVERABLE(S)
• To conduct introductions of the project teams and to establish roles and responsibilities for the project.
• To gain a comprehensive and mutual understanding of the project's background, goals, and scope.
• To discuss the strengths and limitations of the current system. • To identify specific needs or concerns, strategies, and the level of staff involvement needed for input and data gathering during the study. • To modify, if needed, and agree upon a work plan, timeline, deliverables, and monitoring procedures for the study.
• Kick-off meeting.
• Data Request Checklist.
• Updated work plan and
timeline.
Work Activities
1.1 Meet with the designated Project Officer and key client staff members (as appropriate) to accomplish the following:
- Conduct team introductions and establish roles and responsibilities during the study. - Review the technical approach and work plan to make any necessary modifications. - Finalize the project schedule.
- Discuss the project's background, strengths and limitations of the current system, and desired outcomes.
- Identify key stakeholders and degree of involvement and communications. key
.'.'.MGT
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- Determine how and when to best communicate project activities with the Project Officer, the City's staff, and administration, as appropriate.
1.2 Review the Data Requests Checklist to obtain relevant existing reports and data, including but not limited to:
- Current job descriptions with detailed accounts of primary duties, responsibilities, and minimum requirements, as available.
- Organizational charts detailing position titles and supervisory authorities. - Current pay plan(s) with position assignments
- Existing related policies that relate to recruitment, retention, position creation or reclassification, position placement, and compensation administration and maintenance. — Current employee data for calculating implementation cost estimates, such as current position title, department, hire date, position date, and current salary/wage. - Any previous studies, evaluations, or other reports applicable to this project.
1.3 If applicable, review data and technical requirements for administering MGT's job data surveys to employees to address any potential issues. Surveys may include MGT's MIP and/or JCQ.
1.4 Provide an updated and finalized work plan, timeline, and deliverables list to the Project Officer.
Task 2.0: IMPLEMENT A COMMUNICATIONS STRATEGY
OBJECTIVE(S)
PROJECT DELIVERABLE(S)
• To identify key stakeholders and their degree of involvement and communication needs.
• To establish a communications strategy for key stakeholders to introduce the study and provide information regarding study goals and objectives at the beginning of the process.
• To provide supplemental materials to support communications with staff. • To maximize opportunities for participation and obtain input from employees.
• To establish a strategy and expectations for communicating project status updates and involvement in key decisions to the Project Officer and other key staff during the study.
Identification of key
stakeholders and
communication expectations.
Study Announcement
template.
Customized Frequently Asked
Questions (FAQ) document.
Virtual orientation
presentation, if desired.
Solicitation and discussion of
key stakeholder feedback.
Communications plan for
status updates.
Work Activities
2.1 Identify with the Project Officer the key stakeholder groups for the study and determine their degree of involvement and communication needs. This includes employees at large for announcing the study, and for key stakeholders that may need to be included in project status updates or key decision -making points.
2.2 Establish a communications strategy with the Project Officer regarding communicating the study's goals, objectives, anticipated outcomes, and participation expectations for employees in data collection activities. This may include a Study Announcement template and/or Study FAQ sheet provided to the Project Officer to share with employees, or a virtual or recorded orientation presentation provided by MGT. The orientation presentation may include a review of and training for participating in MGT's surveys, such as the MIP or JCQ.
2.3 Identify any critical issues raised during initial study communications and share them with the Project Officer. Resolve and/or prepare a strategy for addressing critical issues. •• MGT
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2.4 Agree upon, and document, future communication expectations, including periodic update meetings and project status updates with the Project Officer and other key staff, as well as any additional meetings to present the final report to designated stakeholders.
Task3.0: REVIEW EXISTING DATA AND THE CURRENT COMPENSATION SYSTEM
OBJECTIVE(S)
PROJECT DELIVERABLE(S)
• To obtain and perform a comprehensive review of current data and system documentation.
• To review the current job descriptions for employees. • To review related compensation administration policies and the factors currently used in determining pay grade or salary level. • To review the current compensation philosophy documentation, if available, or to discuss compensation goals relative to market standing. • Data cleaning, conversions,
and organization, as needed.
• Assessment of current data
and system documentation.
Development of Study Main
File (Excel format).
Work Activities
3.1 Obtain, clean, organize, and evaluate current data and system documentation.
3.2 Review current pay ranges and plan construction, including job placements in the existing system using current job description data, policy information, employee longevity, and other relevant data.
3.3 Request and verify data for each employee, including but not limited to, name, current salary, years of service, rank in the organization, and assigned department. Develop Study Main File to use during the study as a repository for employee information and related market data, analyses, and cost reports.
3.4 Identify position and incumbent outliers that fall outside of the predicted placement in the compensation plan.
3.5 Note initial observations and potential issues to be resolved.
Task4.0: GATHER EMPLOYEE INPUT AND JOB DATA FOR ANALYSIS
OBJECTIVE(S)
PROJECT DELIVERABLE(S)
To administer MGT's MIP survey, if desired, to supervisory employees to identify compensation and classification concerns for specific positions.
To administer MGT's JCQ, as needed, to employees to collect job data for analysis.
To review collected survey data and related information.
Administration of MGT online
surveys, as appropriate (MIP,
JCQ).
Survey status updates.
Analysis of collected input
and job data.
• MIP Results Summary Report.
• JCQ Data Output File copy.
Work Activities
4.1 Determine, in collaboration with the Project Officer, survey needs relative to supervisor input and updated job data collection.
4.2 Work with the Project Officer to modify and administer the MIP survey to supervisory employees included in this engagement. The MIP online survey (found in Appendix A) serves two major purposes: 1) to offer supervisory employees the opportunity to briefly express their concerns regarding the current compensation and classification system, as well as organizational CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 MGT MARCH 11, 2024
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SCHEDULE OF PERFORMANCE
structure, to the project team; and 2) to identify key areas of focus to set the analysis and review process in the proper direction. This includes identifying positions that may have outdated job descriptions or position titles, recruitment or retention concerns, exemption status issues, or concerns relative to present pay assignments.
4.3 Work with the Project Officer to identify and administer the JCQ to employees included in this engagement as needed. The JCQ online survey (found in Appendix B) is used to capture specific job data on factors such as primary duties, education requirements, experience requirements, financial authority, job complexity, decision -making authority, specific knowledge, skills, and abilities, physical demands, and work environment (i.e., FLSA and Americans with Disabilities Act [ADA] requirements). The JCQ may be utilized to gather partial or full job data from employees, or to provide supervisors the opportunity to provide job data on positions under their authority in cases where there are no incumbents or there are minimal differences between the updates and current job descriptions. MGT tailors the use of the JCQ process to gather any necessary data for study analyses while minimizing interruptions to employees' daily work routines.
4.4 Provide regular status updates on survey progress to the Project Officer.
4.5 Review the MIP surveys completed by administrators, managers, and supervisors to identify concerns regarding position levels and descriptions, organizational structure, and other issues as needed. Develop and provide a summary report of MIP data collected to the Project Officer.
4.6 Review the results from the JCQ data collection and conduct data cleaning as needed to prepare data for analyses. Prepare and share a copy of the JCQ Data Output file with the Project Officer.
Task 5.0: IDENTIFY RECRUITMENT MARKET(S) AND CONDUCT MARKET SURVEY(S)
OBJECTIVE(S)
PROJECT DELIVERABLE(S)
• To identify the appropriate market data sources and recruitment market(s) for positions included in the study.
• To determine appropriate public and/or private organizations to use for benchmark comparisons.
• To select benchmark positions that meet the approval of the Project Officer and are appropriate to use in conducting a market survey. • To administer MGT's Custom Market Survey to gather market data for comparisons.
Market data source(s)
identified.
Recruitment market(s)
identified.
Creation and administration
of market survey(s).
Survey status updates.
Review of survey results.
Work Activities
5.1 Identify appropriate data sources and recruitment markets for benchmarking positions. Data sources may include:
- Data gathered through MGT's Custom Market Survey from comparable organizations. - Salary.com CompAnalyst's employer -reported market data, updated monthly, which is designed to support unique situations, such as hybrid positions. CompAnalyst data can be controlled for geographic area, industry, and/or organizational full time equivalent (FTE) or budget size.
— Additional market survey data provided by the City. (See Work Plan Assumptions.)
5.2 Work with the Project Officer to identify appropriate public and/or private organizations that offer comparable employment opportunities to use for benchmark comparisons. Market levels may include the City -recommended local jurisdictions at the state, county, town, or other locality level. Additional regional and national benchmarks may be included for more uniquely competitive positions, such as senior leadership/executive roles. The Market Survey will include •• MGT
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up to 8 comparison agencies including the City for comparisons. Consideration will be given to the following criteria:
- Geographic Area (Location). The geographical scope of the labor market survey (i.e., local, statewide, regional, or national areas).
- Service Structure. Organizations with comparable jobs and similar organizational structure and economic characteristics.
- Size. Comparability of organizational size (measured through number of management and non -management positions, budget, population served, etc.).
5.3 Review and select appropriate City's positions to benchmark to the data collected through MGT's Custom Market Survey. Benchmarks for the Custom Market Survey will not be 100% of the jobs but will represent a sample of jobs (commonly up to 50%) focused on unique or hard - to -recruit positions. Benchmarks selected for the market survey should be based on the following criteria:
- Be reasonably well-known and concisely described.
- Have a clear and identifiable relationship with other positions in their occupational group to ensure they will serve as a good reference point in relating and establishing salaries for other positions within their job category.
— Be representative of the various functional areas, job categories, and pay levels.
5.4 Prepare and administer MGT's Custom Market Survey. Includes providing survey status updates to the Project Officer and conducting online research and outreach to non -responsive organizations.
5.5 Compile and analyze Custom Markey Survey data.
Task 6.0: EVALUATE AND BENCHMARK POSITIONS
OBJECTIVE(S) PROJECT DELIVERABLE(S)
To evaluate positions relative to current job duties and qualifications to determine appropriate job titles, FLSA statuses, and benchmarks for market comparisons.
• Identified benchmarks, as
available and appropriate.
• Job title recommendations.
• FLSA status
recommendations.
Work Activities
6.1 Evaluate collected job data for each position in the determination of the following:
- Current primary job duties, minimum qualifications, job scope and responsibilities, level of authority, specializations, work environment, and physical requirements. - Job title updates, as needed, to ensure accurate and industry -standard job titles recognizable to job candidates and reflective of the position's function in the organization. - FLSA exemption status recommendations.
- Selection of appropriate benchmarks for conducting market comparisons and assessing the competitiveness of the existing pay ranges.
6.2 Review and discuss the draft recommendations regarding position titles and FLSA statuses with the Project Officer.
6.3 Share and discuss the selected benchmarks with the Project Officer, addressing any questions or outliers, and making any remaining benchmark modifications.
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Task7.0: UPDATE JOB DESCRIPTIONS AS NEEDED
OBJECTIVE(S) PROJECT DELIVERABLE(S)
• To review and update job descriptions, as needed, in an agreed upon format.
• Updated job descriptions.
Work Activities
7.1 Evaluate collected job data for each position to determine each position's current primary job duties, minimum qualifications, job scope and responsibilities, level of authority, knowledge, skills, abilities, specializations, equipment used, and ADA characteristics of the position (i.e., physical, environmental, and sensory).
7.2 Update job descriptions and submit copies to the Project Officer. All job descriptions will be updated in Microsoft Word format. Job descriptions will be provided as two sets: one set that includes proofreading marks denoting changes, and a clean set with all changes accepted and that are ready for use.
Task8.0: CONDUCT MARKET REVIEW AND DEVELOP COMPENSATION SYSTEM
OBJECTIVE(S) PROJECT DELIVERABLE(S)
• To conduct a market review of benchmark data in relation to the existing system to determine appropriate adjustments.
• To conduct pay plan modeling to make necessary adjustments to the compensation system to reflect the market and the City's compensation goals.
• To determine appropriate plan / grade assignments for positions.
Market review.
• Updated compensation plan.
• Position assignments.
Work Activities
8.1 Review and compare the selected benchmark data for the given positions against the current pay plan to determine appropriate plan adjustments.
8.2 Confirm with the Project Officer and other appropriate staff the desired characteristics of the updated City's compensation and classification system.
8.3 Develop draft pay plan models for the City's consideration. The draft will include details regarding market point placement and the distance between grades and within the ranges between minimum and maximum salaries. The draft will provide steps for transitioning employees from their current positions and/or pay plan(s) to the proposed system. MGT will provide an updated plan that:
— Reflects the City's mission, goals, and strategic plan. - Reflects the identified competitive recruitment markets. — Is flexible to manage and update for ongoing maintenance and administration. - Contributes to the overall efficiency and effectiveness of operations. — Provides guidance for moving employees into the new structure(s).
8.4 Assign positions to the pay plan model and review position placements and hierarchies with the Project Officer and finalize.
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Task9.0: DEVELOP COST ESTIMATES AND IMPLEMENTATION STRATEGIES
OBJECTIVE(S) PROJECT DELIVERABLE(S)
• To provide cost projections, phase -in options, and best practice guidance for implementing the proposed updates.
• To provide key staff any remaining training on study files and components.
• To assist in communicating the results of the classification and compensation study to key stakeholders.
• Cost projections.
• Phase -in options.
• Implementation guidance.
• HR staff training on files.
• Communication of study
results.
Work Activities
9.1 Integrate employee and position data into compensation and implementation reports.
9.2 9.3
Identify the financial impact of the revised compensation system, including phase -in options.
Review the draft compensation system and financial impact with the Project Officer and other appropriate staff.
9.4 Review study results with the Project Officer and other key staff, as directed, to identify and determine options for migrating the City from its current system to the recommended system.
9.5 Provide HR staff with any remaining and needed training on the updated system and study files to support implementation.
9.6 Communicate study results to designated City's leadership, including staff and administration, as desired. This may include a Study Results Summary handout and/or a Final Presentation, if desired.
Task 10.0: PREPARE AND SUBMIT DRAFT AND FINAL REPORTS
OBJECTIVE(S)
PROJECT DELIVERABLE(S)
To provide a copy of the final Study Main File for the City's records and use.
To develop and provide draft and final reports containing a detailed narrative about the study's methodology, results, implementation strategies, guidelines for maintenance, and implementation costs. • Finalized Study Main File
(Excel format).
• Draft report.
• Final reports.
Work Activities
10.1 Provide a finalized copy of the Study Main File to the Project Officer. The Study Main File is provided in Excel format and includes all employee information, market data, and cost reports generated as part of the study.
10.2 Develop and provide a Draft Report to the Project Officer for review and feedback.
10.3 Complete revisions, if any and as appropriate, and prepare and provide the Final Reports. The Final Report will be provided in two versions, which include a confidential version with employee -specific data for Human Resources, and a public version for wider dissemination and to support the City's adherence to any public information requests. Specifically, the final report will include the following:
- Overview of the study's purpose and background.
- Detailed narrative regarding the study's methodology, processes, and data selection. - Identification of the organizations surveyed and the selected benchmarks. — Recommendations for classification system updates, including job titles and FLSA statuses. •• MGT
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 MARCH 11, 2024
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SCHEDULE OF PERFORMANCE
- Detailed description of the creation and characteristics of the proposed system. - Tables reflecting proposed pay plan(s) and the recommended pay ranges and salaries for each position.
- Cost projections to implement the recommendations, including phase -in options. - Identification of outliers (i.e., employees falling above or below current proposed minimum and maximum salaries).
- Guidelines for initial implementation and ongoing system maintenance and administration.
Includes best practices on promotions, transfers, job analyses, and other compensation practices and policies.
Task 11.0: CONDUCT PROJECT MANAGEMENT ACTIVITIES
OBJECTIVE(S)
PROJECT DELIVERABLE(S)
To provide regular updates and engagement with the Project Officer and key stakeholders on study progress.
• To identify and address any critical issues to ensure project success. • To provide oversight and management of the project team on key project activities and deliverables.
• To ensure the project complies with the project's scope, deliverables, and timeline.
• Project status updates.
• Project team management.
• Risk management.
• Project monitoring and
control activities.
Work Activities
11.1 Provide project status updates and maintain in regular contact with the Project Officer to ensure all components of the study maintain alignment with the City's goals and expectations for the study.
11.2 Identify and address any critical issues during the study and keep the Project Officer apprised of any concerns requiring their input or key decisions.
11.3 Maintain contact with identified stakeholder groups, as appropriate.
11.4 Provide project team management and conduct project monitoring and control activities to ensure the project remains in compliance with the project's determined scope, work plan, deliverables, and timeline.
Task 12.0: PROVIDE POST -STUDY SUPPORT
OBJECTIVE(S)
PROJECT DELIVERABLE(S)
• To provide post -study consultation to address any questions regarding the study's components and recommendations.
• To provide guidance on the implementation of study recommendations. • To provide refresher training to HR staff on the study's files.
On -call consultation for 3
months post -study up to 20
hours. (MGT maintains
ongoing relationships with all
clients.)
Work Activities
12.1 Provide consultation to HR on the maintenance and administration of the system.
12.2 Follow up with key City's staff to address any questions related to system implementation.
12.3 Provide refresher training to HR staff on the study's files, which includes file content orientation and guidance on formula calculations.
''. MGT
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 MARCH 11, 2024
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SCHEDULE OF PERFORMANCE
Work Plan Assumptions
Providing assumptions helps the entire team (client and consultant) fully understand each other's expectations for the project. The following outlines our work plan assumptions:
1) The City will designate a Project Officer for this project in concert with (or prior to) project kick- off. This person will function as the primary point of contact for the project, and coordinate and facilitate the flow of information and communication between the City, key stakeholders, and MGT.
2) All phases of the project will involve significant input from key identified City's stakeholders, including the Project Officer. MGT views our studies as a partnership and we value the critical insights provided by our Project Officer and key stakeholders, which ensure project outcomes reflect the mission, vision, and goals of the City.
3) MGT will work with the City to find the appropriate balance between onsite and virtual work.
MGT can and has successfully performed all tasks virtually while acknowledging the City's requirement for five on -site meetings.
4) MGT will have access to and cooperation and participation by staff and management. MGT expects to have reasonable, timely access to the City's personnel and data. 5) MGT will request employee/position data in a standard database format (Excel). The City will need to provide a usable database within a reasonable amount of time (e.g., two weeks) to meet the agreed upon study schedule. The initial work conducted by MGT's team will be dependent on receiving the requested information in this database request. MGT will provide immediate notification if the database does not meet specifications. If data (e.g., employee names, salaries, etc.) cannot be provided, any additional programming or data mining work performed by MGT to establish a usable database or to clean a database provided by the City will be approved prior to initiation. All employee -specific data (e.g., employee names, titles, hire dates, position dates, salaries, etc.) provided by the City will be considered accurate and valid.
MGT will not be responsible for the audit and/or verification of any employee -specific data provided by the City.
6) Delays in receiving data or input during the study may result in time extensions to the original project schedule. Any such risks will be communicated to the Project Officer by the Project Director.
7) The Custom Market Survey will include up to eight comparisons agencies including the City for market comparisons.
8) If the City prefers that MGT utilize additional sources of salary data (e.g., a subscriber service, or regional salary survey), the City will facilitate MGT's access and bear any associated costs. 9) Data collection and analyses will primarily be conducted online, with any interviews and focus groups utilized as necessary to ensure successful project outcomes. 10) Requests to include additional positions in the study outside the original approximation noted in the study's scope of work will require a change order and contract amendment to denote these add-on costs. Any additional position requests should be sent by the City's Project Officer to the Project Director for review, discussion, and finalization prior to the positions being included in analyses.
11) MGT conducts a comprehensive job data collection process that includes input from both employees and their supervisors. MGT will provide final job description copies to the Project Officer for distribution and use. Any desired secondary internal review of the final job �� CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 MGT MARCH 11, 2024
PAGE 14
SCHEDULE OF PERFORMANCE
descriptions by the City's supervisors or employees will be managed by the City's Project Officer or HR team.
12) The implementation of the new system will be dependent upon the City's fiscal considerations and other factors to be identified by the City during the work effort. 13) The study is divided into tasks, although some will occur simultaneously to best meet the City's desired schedule. To meet the project schedule proposed, any additional reviews of materials by the City will need to occur within one week of submission. 14) A clear and concise implementation plan and strategy will be provided to the City to enable an appropriate phase -in of study results.
15) MGT will be available to the City for up to 20 hours of ongoing support consultation following the completion of the project, as needed, for implementation follow-up and guidance. The Ongoing Support Task is invoiced in full at the start of the ongoing support period following the submission of the study's final report. MGT's Project Director will provide updates to the City's Project Officer regarding hours or time remaining in this task during the effective period.
Ongoing support includes:
Consultation to HR on the maintenance and administration of the system. - Addressing questions related to system implementation. — Refresher training to HR staff on the study's files, which includes file content orientation and guidance on formula calculations (i.e., pay plan development calculations, implementation cost calculations). Training will relate specifically to the study's methodology and formulas used and will not include training staff on specific professional development software skills, such as Microsoft Excel.
The Ongoing Support Task does not include the evaluation of new positions or post -study position changes.
16) MGT will develop and provide up to two Draft Reports for review and feedback by the City's Project Officer and other key staff before preparing the Final Reports. 17) Final reports are assumed final if we do not hear from the City within two weeks of report delivery (email or hard copy).
The entire classification and compensation study process is transparent, and all data collection instruments, methodology, and final outcomes will be documented in the Final Report in detail. All files are provided to the City in Excel or Word formats for maximum implementation efficiency and periodic updating.
Timeline
Based on MGT's experience conducting similar studies and the RFP requirements, we anticipate the proposed project can be completed within six months of project initiation as illustrated in Exhibit 1.
MGT proposes to complete the study by October 2024
Exhibit 1. Proposed Schedule
WORK PLAN TASKS
1.0 Conduct Initial Meeting and
Finalize Project Details
Month 2
Month 3 Month 4
Month 5 Month 6
2 3
4 1
2 3
4 1
21314
1 2 13 14
1 2
314
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 •• MGT MARCH 11, 2024
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SCHEDULE OF PERFORMANCE
WORK PLAN TASKS
2.0 Implement a Communications
Strategy
3.0 Review Existing Data and the
Current Compensation System
4.0 Gather Employee Input and
Job Data for Analysis
5.0 Identify Recruitment
Market(s) and Conduct Market
Survey(s)
6.0 Evaluate and Benchmark
Positions
7.0 Update Job Descriptions as
Needed
8.0 Conduct Market Review and
Develop Compensation System
9.0 Develop Cost Estimates and
Implementation Strategies
10.0 Prepare and Submit Draft
and Final Reports
11.0 Conduct Project
Management Activities
12.0 Provide Post -Study Support
Month 1
Month 2 Month 3
1 2131411 2 314
1 2
3 4
Month 4
1 2
3 4
1 Month 5
2 3
4 Month 6
1 2
3 4
■
■
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 •%% MGT MARCH 11, 2024
PAGE 16
Company Information
We impact the communities we serve — for good.
MGT began operations in 1974 as a public sector
research firm. Since then, we have significantly
expanded our consulting capabilities and client
offerings. Today, we are a national consulting firm
specializing in assisting clients to operate more
efficiently and effectively.
MGT has acquired a keen understanding of the
structures, operations, and issues facing public
agencies, like the City. This understanding comes from
nearly 50 years of experience providing innovative yet
practical solutions to public sector clients. We provide objective, creative, expert services in the areas of
human capital, finance, technology, programming, and
planning. We draw on the expertise of our highly
qualified staff, most of whom have had prior careers at city-, county-, and state -level government offices. This insider knowledge of government operations and
structure gives MGT a competitive advantage and an
ability to hit the ground running from the very start of a project.
.•♦•4 MGT FIRM AT
GLANCE
Name: MGT of America Consulting, LLC (MGT)
Founded: 1974
Locations: Headquarters in Tampa, Florida;
branch offices nationwide
Staff: 600+ consultants across the country
Structure: Privately held and client -driven
Cooperative Contracts:
Allied States Cooperative (ASC) #23-7449
The Interlocal Purchasing System (TIPS)
#220601
Lines of Business: Government Consulting;
Education and Financial Solutions; Diversity
and Inclusion; Human Capital; Cybersecurity
and Technology
Our firm includes more than 600 professionals and administrative staff to support our clients' success.
MGT's corporate office is in Tampa, Florida, with additional offices around the country as shown below.
NATIONAL FIRM LOCAL FOCUS
Alabama
Birmingham
Arizona
Phoenix
California
Sacramento
Riverside
Carlsbad
Florida
Tampa HQ
Georgia
Savannah
Atlanta
Alpharetta
Illinois
Chicago Metro
Indiana
Gary
Michigan
Bay City
New York
NYC
North Carolina
Raleigh
South Carolina
Columbia
Tennessee
Nashville
Texas
Dallas
Austin
San Antonio
Houston
Utah
Salt Lake City
Virginia
Richmond
Washington, D.C.
MGT
•S% MGT CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 MARCH 11, 2024
PAGE 17
COMPANY INFORMATION
Our Commitment
MGT Key Differentiator:
Commitment to Diversity, Equity, and Inclusion
MGT is a leader in diversity, equity, and inclusion (DEI) consulting services, strategic planning, and organization transformation. MGT's experience working in diverse communities across the United States and working with organizations seeking to change organizational culture is critical to the success of all our projects. We have a track record of building awareness, solutions, and direction for systemic change by generating transformative ideas and solutions, information, and practices into operational strategies, which help us stand out in all our projects.
Defined by Impact.
The MGT Human Capital team has an impressive track record of providing customized solutions, objective research, creative recommendations, and quality products that respond to each client's unique needs and time requirements.
Impacting
Communities.
For Good.
Defined by Our Impact
O�
We understand the goals of the City of Placentia and how this project will ensure the City's classification system is updated to match changes the City has made over the last decade, and its compensation system is fair, equitable, and market
competitive. Our Human Capital team empowers municipal
organizations to keep up with the times through innovations in people, processes, and technology that lift and strengthen their human resources solutions.
Part of our success is based upon our promise to be flexible and responsive. We are acutely aware of the political, economic, social, and technological factors that impact today's public sector clients. MGT is structured into primary consulting divisions to support these needs:
Social Impact Solutions
Our Social Impact Solutions team combines Financial Solutions, Education Solutions, Human Capital, Government Consulting, and Diversity, Equity, and Inclusion (DEI) to provide an integrated team with subject matter expertise and the financial acumen to help municipalities, government agencies, schools, districts, state agencies, and colleges and universities perform at their best and thrive.
Technology Solutions
Our Technology Solutions business supports state, local, education, and private companies as they seek to improve and protect their network infrastructure and data for greater resiliency. We offer world -class IT infrastructure management, cyber security, and strategic IT professional staffing.
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 •❖• MGT MARCH 11, 2024
PAGE 18
COMPANY INFORMATION
The Right Fit
The MGT Advantage.
MGT has successfully worked with clients on more than 30,000 projects to help them adapt to change while maintaining the vision and direction towards their short- and long-term goals. Our commitment to quality consulting is evidenced by our past performance delivering an extensive range of services to a variety of educational institutions, state and local governmental agencies, and nonprofit organizations. • • •
gig
IMPARTIAL PERSPECTIVE
The City will gain our impartial perspective of the outcomes and findings. As an independent entity, our only vested interest is that of our clients. We apply our extensive experience to generating objective, practical solutions to advance our clients' strategic priorities.
INNOVATIVE AND BOLD THINKING
The City will receive useful recommendations that achieve real results and are ever mindful of the practical and political realities you may face. We understand lasting and meaningful changes require innovative and bold thinking. We do not shy away from questioning everything from organizational structures and work processes to the very statutes and ordinances that create and guide the work of an agency or institution.
EXTENSIVE TRACK RECORD
The City will benefit from our extensive track record of providing consulting services that are similar in scope to this project. Our solutions help the organizations we work with achieve their goals and serve their constituents more effectively and efficiently.
The considerable amount of repeat work we deliver demonstrates our ability to be professional and develop lasting client relationships.
SPECIFICALLY TAILORED
The City's needs will be met through our specifically tailored solutions. The team is committed to providing customized results, objective research, creative recommendations, and quality products that respond to each client's unique situation. "We were very impressed
by how efficient they
worked, their
methodology, their
insight, and their
professionalism.
I would highly
recommend MGT and
hope to do business with
them again for our next
study."
- Joseph Onzick, Executive
Director of Finance
Kane County, IL
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 •-•-
MGT MARCH 11, 2024
PAGE 19
COMPANY INFORMATION
Experience & Qualifications
Incomparable Consulting Expertise.
We are proud to offer the exceptional expertise of
our team members, and our understanding and
knowledge of the City of Placentia's scope based on
years of relevant experience. We bring the breadth
and depth of knowledge and expertise vital to
identifying real, practical solutions that meet our
clients' needs. Part of our success is based upon our
commitment to be flexible and responsive. We are
acutely aware of the political, economic, social, and
technological atmosphere of today's public sector
environment. More specifically, MGT is adept in
compensation consulting in the state of California and
for similar organizations as illustrated by our list of completed projects below.
MGT has conducted numerous compensation,
classification, and human resources studies for
clients nationwide. Our Human Capital practice is
dedicated to helping our clients find the procedures
and people they need to deliver quality service to
their constituents. An equitable, competitive, and
compelling compensation structure is key to reaching
that goal. As the City of Placentia pursues an update of its compensation system, assuring a fair, competitive, and attractive compensation package to its employees will go far towards assuring continued quality in the provision of the City's services.
MGT: EXPERTS IN
COMPENSATION
"What I liked most about
working with MGT staff
is their creative approach
in providing solutions to
each project. The County
has implemented MGT's
recommendations...."
- Lisa ❑avidson
Director of Human Resources
York County, SC
The list below presents a complete list of clients, by state, for which MGT has completed classification, compensation, and other human capital projects.
Alabama
Huntsville City Schools
Mobile Public Schools
Arizona
Maricopa County
Maricopa County Sheriff's Office
California
Antelope Valley College
Barstow Community College
Bi-Valley Medical Clinic
California Department of Education
California Department of General
Services
California Postsecondary Education
Commission
California Student Aid Commission
Cajon Valley Union School District
City of Cudahy
University of Montevallo
Navajo Nation
City of San Clemente
Grossmont Unified School District
Kings Community Action
Organization
La Mesa -Spring Valley Schools
Lake Elsinore Unified School
District
Lawndale Elementary Schools
Madera Unified School District
Menifee Union School District
Mono County Office of Education
University of North Alabama
Navajo Tribal Utility Authority
Sacramento City Unified School
District
Sacramento County Management
Association
Solana Beach School District
Stanislaus County Office of
Education
Ukiah Unified School District
University of the Pacific
Walnut Valley Unified School
District
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 •%% MGT MARCH 11, 2024
PAGE 20
COMPANY INFORMATION
Colorado
Arapahoe County
Ouray County
Connecticut
Poudre School District R-1
State of Colorado
University of Connecticut
Delaware
Delaware Solid Waste Authority
Florida
Alachua County Board of
Commissioners
Alachua County Property Appraiser
Brevard County Sheriff's Office
Brevard Public Schools
Charlotte County Public Schools
Citizen's Property Insurance
Corporation
Citrus County
Citrus County Clerk of the Court
Citrus County Mosquito Control
District
Citrus County Property Appraiser
Citrus County Tax Collector
City of Apopka
City of Belle Glade
City of Boynton Beach
City of Casselberry
City of Fort Walton Beach
City of Gainesville
City of Gulf Port
City of Key West
City of Lake Mary
City of Lake Worth
City of Lakeland
City of Leesburg
City of Miami
City of North Port
City of St. Cloud
City of Tallahassee
City of Tamarac
City of Tampa
City of Titusville
Columbia County Property
Appraiser County of Glades
Daytona Beach Community College
Disability Rights Florida
Florida Association of Court Clerks,
Inc
Florida Atlantic University
Georgia
Board of Regents of the University
System of Georgia
City of Albany/Dougherty County
Board of Commissioners
City of Macon
City of Richmond Hill
Florida Bar Association
Florida Chiropractic Association
Florida Department of Children and
Families
Florida Department of Juvenile
Justice
Florida Department of
Management Services
Florida Department of
Transportation
Florida Developmental Disabilities
Council
Florida Education Association -
United
Florida Gulf Coast University
Florida Gulf Health Systems Agency
Florida House of Representatives
Florida Job Corps
Florida Keys Community College
Florida League of Cities
Florida Lottery
Florida Office of Program Policy
Analysis and Government
Accountability
Florida Office of the Attorney
General
Florida Ounce of Prevention Fund
Florida Polytechnic University
Florida School for the Deaf and
Blind
Florida State Board of
Administration
Florida State College at Jacksonville
Florida State University
Florida Tax Collectors Association
Florida Transportation Commission
Florida Virtual School
Glades County
Gulf Coast State College
Hillsborough Area Regional Transit
Authority
Hillsborough Community College
Hillsborough County
Hillsborough County Tax Collector
Hillsborough Regional Transit
Authority
Jackson County Tax Collector
Joint Underwriting Association
Leon County Property Appraiser
Leon County Tax Collector
Marion County Emergency Medical
Services Alliance
Nassau County Property Appraiser
New College of Florida
Okaloosa County Schools
Palm Harbor Special Fire Control
and Rescue District
Pensacola Area Housing
Commission
Santa Fe College
School Board of Brevard County
Solid Waste Authority of Palm
Beach County
Southwest Florida Water
Management District
St. Johns County Property
Appraiser
State College of Florida - Manatee -
Sarasota
Sunshine 811
Tampa Bay Water
Tampa Hillsborough Expressway
Authority
Tampa Sports Authority
Town of Davie
University of Central Florida
Workforce Plus, Tallahassee
Georgia College and State
University
Georgia Health Sciences University
(formerly Medical College of
Georgia)
Georgia Southern University
Gwinnett County Public Library
Henry County School District
Kennesaw State University
Southern Polytechnic State
University
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 * * MGT MARCH 11, 2024
PAGE 21
COMPANY INFORMATION
City of Stonecrest
Dalton State College
Darton College
Fayette County
Hawaii
Gwinnett County Public School
System
United States Treasury Customs
Service
Valdosta State University
Hawaii Health Systems Corporation University of Hawaii System Idaho
Nez Perce Tribe
Illinois
Illinois Board of Higher Education
Kankakee County
Lake County
Rockford Board of Education
Sangamon County
Iowa
Iowa Central Community College
Iowa Valley Community College
District
Kirkwood Community College
Northeast Iowa Community College
Louisiana
City of Baton Rouge
Parish of East Baton Rouge
Recreation and Park Commission
Port of Iberia
Maine
University of Maine - Orono
Maryland
Baltimore City Community College
Baltimore County Public Schools
Community College of Baltimore
County
Hartford County Public Schools
Maryland Environmental Service
Montgomery College
Massachusetts
Cape Cod Mosquito Control Project
Norfolk County Mosquito Control
District
Michigan
Central Michigan University
City of Muskegon
Dickinson County
Gogebic County
La peer County
Minnesota
Livingston County
Livingston Community Health
Authority
Lenawee County
Menominee County
Muskegon County
Sault Tribe of Chippewa Indians
St. Clair County
West Shore Community College
Minnesota State University System
Missouri
City of Columbia
East Central College
New Jersey
The Richard Stockton College of
New Jersey
New York
Southeast Missouri State University St. Louis Community College Corning Community College
Nevada
SUNY - Clinton Community College
Southern Nevada Regional Housing
North Carolina
Authority
Chapel Hill-Carrboro Schools
Chatham County
City of Canton
City of Waynesville
Davidson County Personnel
Department
Haywood County
Oklahoma
Mayland Community College
North Carolina Association of
County Commissioners
North Carolina Community College
System
North Carolina Education Lottery
Piedmont Community College
Pitt Community College
Town of Maiden
Town of West Jefferson
University of North Carolina
Wake County Personnel
Department
Cherokee Nation Enterprises
City of Oklahoma City
Oklahoma County
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 * * MGT MARCH 11, 2024
PAGE 22
COMPANY INFORMATION
Oregon
City of Hermiston
Jackson County
Pennsylvania
Centre Area Transportation
Authority
Rhode Island
Klamath County
Oregon Institute of Technology
Oregon University System
Prosper Oregon
Lancaster County
Pittsburgh Public Schools
Roger Williams University
Rhode Island Housing Authority
Rhode Island Student Loan
Authority
South Carolina
Anderson County School District 5
Anderson Regional Joint Water
System
Beaufort County School District
Bonita Springs Fire Control and
Rescue District
Chester County Wastewater
Authority
City of Anderson
City of Cayce
City of Easley
City of Florence
City of Gaffney
City of Georgetown
City of Lancaster
City of Newberry
City of Simpsonville
County of Lancaster
Dillon County
Dorchester County
Dorchester County Library
Greenville County Recreation
District
Greenwood Metropolitan Sewer
Hampton County
Jasper County
Lancaster County
Midlands Technical College
Municipal Association of South
Carolina
Oconee County
Oconee County Public Schools
Pickens County
Richland County
River Banks Zoo
South Carolina Department of
Public Safety
South Carolina Education Lottery
Town of Hampton
Western Carolina Regional Sewer
Authority
York County
York County Library
York Electric Cooperative, Inc.
Tennessee
City of Kingsport
Texas
Memphis City Schools
Austin Independent School District
Bastrop County
Burnet County
City of Brownsville
City of Corpus Christi
City of La Porte
City of Longview
City of San Antonio
Dallas Area Rapid Transit
Dallas Independent School District
Galveston County
Kerr County
Texas A&M University - Kingsville
Texas A&M University - Texarkana
Texas A&M University System
Texas Southmost College
Texas State Technical College
Travis County
University of North Texas System
Vermont
Southwest Vermont Supervisory
Union
Virginia
Albemarle County
City of Chesapeake
City of Newport News
City of Portsmouth
City of Richmond
Fairfax County Public Schools
K12 Inc. (Stride)
Tidewater Community College
Virginia Commonwealth University
Virginia State University
Washington
City of Woodinville
Clark College
Green River College
Washington State Board for
Community and Technical
Colleges
CITY OF PLACENTIA I CLASSIFICATION AND COMPENSATION STUDY 2024 •❖• MGT MARCH 11, 2024
PAGE 23
ey Personnel
The success of a consulting engagement is founded on the qualifications of the project team and the way in which the review is structured and managed.
Our work with clients is characterized by the belief that we can only be successful if our clients develop the knowledge, capacity, and mechanisms to help themselves. To that end, all our services:
• Build on our clients' existing strengths and resources while empowering them to address present challenges.
• Assist our clients to learn about widely recognized best practices and emerging research. • Encourage our clients to develop the habit of identifying, collecting, and acting on essential, current, and relevant data.
• Help our clients maximize the efficiency and effectiveness of their human and fiscal resources. • Provide pragmatic and affordable solutions that will be deliverable and sustainable over the long-term.
Illustrated in Exhibit 2 is the proposed management structure for this project, which has been designed to define the roles and responsibilities of each team member assigned to this project and to facilitate project management. The strength and experience of our team will allow for efficient and effective project management and results. Each team member has a wide range of project experience working with clients similar to the City of Placentia. The team we have designated is highly experienced with this type of engagement, and therefore requires little orientation time.
MGT cross -trains staff to ensure appropriate coverage for our projects. Should any member of the team resign during the engagement, MGT is prepared to orient and assign a comparable staff member with similar expertise and skill to cover the resigned member's duties. This guarantees project continuity and ensures the deliverables remain on schedule. All key personnel are employees of MGT.
Exhibit 2. Project Organizational Structure
CITY OF PLACENTIA
Project Officer
PATRICK DYER
Executive -in -Charge
SHEENA HORTON, PMP, CCMP
Project Director
CLASSIFICATION AND
COMPENSATION TEAM
JESSICA ANCONA
SANDRA MCCOY, MBA
JOEL PALLADINI
ISSHIAH MYLES, MS
CLAUDIA FASSE, MBA
PROJECT ADVISOR
BRANDON LEDFORD, SHRM-SCP,
CCMP, PMP
HR Advisor
KEY PERSONNEL
Project Staff Roles and Responsibilities
ROLE ASSIGNE
RESPONSIBI
CITY OF PLACENTIA
REPRESENTATIVE
EXECUTIVE -IN -CHARGE
Patrick Dyer
PROJECT DIRECTOR
Sheena Horton, PMP, CCMP
SUPPORT TEAM
Jessica Ancona
Sandra McCoy, MBA
Joel Palladini
Isshiah Myles, MS
Claudia Passe, MBA
Brandon Ledford, SHRM-SCP,
CCMP, PMP
Resumes
We look forward to working with the City's Representative to build a long- lasting and trustworthy partnership that produces innovative solutions.
The Executive -in -Charge holds the following responsibilities:
■ Ensuring the team fulfills all contractual requirements. ■ Managing resources appropriately.
■ Resolving any conflicts during the project or point of escalation for any challenges.
■ Final authority over project deliverables.
The Project Director holds the following responsibilities:
■ Main point of contact for the City.
■ Day-to-day management of the project, tasks, and deliverables. ■ Oversight over service and deliverable quality.
■ Management of all project deadlines.
■ Maintains frequent contact with the City's Project Officer throughout the lifecycle of the project.
The Support Team holds the following responsibilities:
■ Work closely with the City under the direction of the Project Director to carry out the various tasks and deliverables.
■ Utilize individual subject matter expertise to customize and execute each work task and fulfill the City's stated expectations.
■ Conduct collection and analysis of relevant data.
■ Review, document, evaluate, and generate recommendations in accordance with each component of the work plan.
MGT has reviewed
the RFP in detail and
is committed and
able to ensure the
timely delivery of
quality products to
meet your schedule.
Resumes of each team member are provided on the following pages. The personnel described in our proposal are the professionals who will provide the services for this project.
KEY PERSONNEL
•
Patrick J. Dyer
Vice President I Social Impact Solutions
Mr. Dyer has over 20 years of professional experience in government operations. He has worked with city, county, state, special district, and joint powers authority government agencies on cost accounting and state mandated cost claiming projects during his twelve-year consulting tenure. Mr. Dyer's most recent consulting projects focus on the following areas: development user fee calculations, Federal Emergency Management Agency (FEMA) guidance and claiming, regulated cannabis/marijuana studies, city and transit agency cost allocation plans, and state mandated cost consulting (specific to CA).
Areas of Expertise
• California State Mandate Reimbursement (SB 90)
• Cost Allocation Plans, Software & Training
• Indirect Cost Rate Proposals
• Cost of Service / User Fee Studies
• Transit Agency Cost Allocation and Indirect Costs
• Federal Negotiations and Audit Defense (FTA, FAA,
HSA)
• Mental Health Funding Sources (AB 3632)
• Development Impact Fee (DIF) Calculations
• Daily Jail Rate, Booking Fee Analyses
• Animal Care, Shelter, Enforcement Operations
Costs, and Fees
• Elections Program Operations and Cost Accounting
• Expert Witness on Cost/Fee Lawsuits
• Clerk, Recorder and Elections Fees/Operations
• FEMA Claiming & CARES Act Funding
• State Agency Fee Studies & Outreach
• Education Funding & Fiscal Sustainability
Education
Bachelor of Science, Business Administration (Finance), California State University Sacramento Professional Experience
MGT of America Consulting, LLC, Vice President, August 2007 -Present Public Resource Management Group, LLC, Senior Consulting Manager MAXIMUS, Inc., Project Manager
City of Davis, Finance Department, Revenue Collections Customer Service Coordinator Leadership Expertise
Mr. Dyer is a senior member of MGT's leadership team. His duties as Vice President include direct project work in addition to a variety of management and administrative items. Mr. Dyer's business development and administrative duties include the following:
• Sales, marketing, and budget oversight for a practice of $4.0 million of consulting engagements • Administer contracts, agreements and insurance requirements • Staff reviews, supervision and workload analysis for 15 consulting professionals • Coordinate, write, review, respond to complex government RFPs Professional History
Prior to beginning his consulting career, Mr. Dyer spent over ten years with the City of Davis, most recently holding the position supervising the Finance Department staff handling all City revenue collection, loans, parking citation billing, 15,000 utility billing accounts, and the City's 5,000 business licenses. Mr. Dyer also completed a successful pilot data capture program between the City of Davis and the State of California Department of Motor Vehicles to develop a virtual private network to exchange vehicle owner information and streamline parking collection processes for local government.
While at the City of Davis, Mr. Dyer held the position of President with the Davis City Employees Association, a labor union for approximately 300 of the City's miscellaneous employees. While holding that position, Mr.
KEY PERSONNEL
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Patrick J. Dyer
Vice President I Social Impact Solutions
Dyer gained valuable experience related to employer -employee contracts (MOUs), labor relations law, collective bargaining, class/comp studies and compensation analysis.
Client Service Highlights
Management Consulting for Student Housing I Maryland Economic Development Corporation (MEDCO) Mr. Dyer was part of a team engaged by the Maryland Economic Development Corporation (MEDCO) to deliver a management consultant report for a specific student housing project at Bowie State University, University of Maryland Baltimore County, Towson University, University of Maryland Baltimore, and University of Maryland College Park. Prompted by a failure of the universities to reach the required 1.20 coverage ratio, a requirement of the trust indenture, MGT, an independent entity, developed recommendations with respect to fees, rental rates, and changes imposed and collected by MEDCO in connection with its operations of the project and improvements or changes in operations or management of the project or the services rendered by MEDCO.
California Wildfires FEMA Public Assistance Claiming I County of Santa Cruz, CA Mr. Dyer was engaged to develop defensible FEMA claiming and documentation for disaster event claiming.
The scope of the MGT contract was to enhance the activities of the Auditor Controller Tax Collector by assisting County staff with Federal Guidance, interpretations of Policy Manual, development of improved time keeping, procurement documentation and staff training of California Governor's Office of Emergency Services (CAL OES) and FEMA guidance related to the County's category B response to the CZU Lightning Complex Fires in August 2020.
Cost Allocation, Transit I Sound Transit, Seattle, WA
Mr. Dyer initiated a formal cost allocation plan structure for submission to the Federal Transportation Administration (FTA). Prior to engaging MGT, Sound Transit (ST) had not obtained approval for their indirect costs on federal grants. MGT analyzed, documented the process, negotiated with federal auditors, and obtained FTA approval for its cost allocation and indirect cost rates. In total, ST runs $45 million through its cost plan for central service costs. This formal approval of the indirect cost rates helps ST defend a portion of its $170+ million in annual federal grants.
Health Agency Fee Calculations I El Dorado County, CA - Health & Human Services Agency Mr. Dyer led a team of four consultants to analyze user fees and cost recovery for this eight department super -agency. MGT reviewed cost recovery, developed fee comparisons and recommendations for the Health, Lab, Environmental Health, Animal Services, Vital Records, Mental Health, Public Guardian, and Emergency Medical Services departments. This six-month project resulted in defensible fees for $7.2 million in county cost for user fee activity and recommended changes or new fees of approximately $125,000.
CARES, ARPA, FEMA & Other Pandemic Funding Sources I County of Santa Cruz, CA The County Budget Director engaged the MGT team to help it prioritize, track and train county staff on the nuances of the different funding sources intended to support the activities and impacts of the COVID-19 pandemic. Track costs, review for eligibility, maximize recovery, minimize audit risk for the various funding sources. Project began in March 2020 and is ongoing.
Contact Info: P: 888.302.0899 I [email protected]
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Sheena Horton, PMP, CCMP
Director I Social Impact Solutions
Ms. Horton is a certified Project Management Professional (PMP) and Prosci Change Management Practitioner (CCMP) and has over 17 years of experience in evaluation, and 14 years of experience in management consulting and conducting classification and compensation studies. Ms. Horton provides project management and business development for MGT's human capital projects and has significant experience conducting classification and compensation studies, program/performance evaluations, needs assessments, quality assurance and efficiency reviews, market research, organizational reviews, program/service realignments, policy development, strategic planning, and business process analyses. In addition to her work on human capital projects, Ms. Horton has also assisted other MGT practices with student housing studies, facilities assessments, student literacy and safety programs evaluations, and community engagement projects. She holds a Master's degree from Florida State University's School of Criminology and Criminal Justice, and two Bachelor's degrees from the University of North Carolina at Greensboro in Sociology and English. She also holds certification for Diversity, Equity, and Inclusion in the Workplace from the University of South Florida. Ms. Horton served as President on the Southeast Evaluation Association's Board and is involved with the American Evaluation Association's Topical Interest Groups and AEA365 blog.
Education
M.S., Criminology and Criminal Justice, Florida State
University, 2008
B.A., Sociology with a concentration in Criminology, English, University of North Carolina -Greensboro, 2004
Honors
2020 MGT Bull by the Horns MVP Award, Organizational
Solutions
Seminole 100 Honoree, Florida State University, 2020
Professional Background
MGT of America Consulting, LLC, Director, 2010 —Present Healthy Families Florida, Program Coordinator, 2008-2009 Salem Press, Staff Writer, 2007-2008
Measurement, Inc., Reader/Evaluator, 2006
Choicepoint, Criminal Records Specialist, 2004- 2005
Sample of Relevant Project Experience
• Antelope Valley College District (CA) I Classification and Compensation Study
• Bastrop County (TX) I Classification and Compensation Study
• Brevard Public Schools (FL) I Compensation Study
• Centre Area Transportation Authority (PA) I
Compensation Study
• City of Apopka (FL) I Classification and Compensation Study
• City of Culver City (CA) I Classification and
Compensation Study
• City of Hermiston (OR) I Classification and
Compensation Study
• City of Hillsboro (OR) I Classification and Compensation Study
Professional Affiliations
American Evaluation Association, 2011 —Present
Southeast Evaluation Association, 2001-2021
Project Management Institute, 2015 —Present
RTP Evaluators, 2019 —Present
• Harford County Public Schools (MD) I Compensation
and Benefits Study
• Hawaii Health Systems Corp I Classification and
Compensation Studies
• Hillsborough Area Regional Transportation Authority
(FL) I Classification and Compensation Study
• Hillsborough Community College (FL) I Classification
and Compensation Study
• HR Soul (FL) I Compensation Study
• Indiana Department of Administration I School
Corporation Emergency Management Services
• Lapeer County (MI) I Classification and Compensation
Study
• La Mesa -Spring Valley Unified School District (CA) I Classification and Compensation Study
KEY PERSONNEL
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Sheena Horton, PMP, CCMP
• City of Kingsport (TN) I Classification and Compensation Study
• City of Portsmouth (VA) I General Employees' Pay Study Phase I & II
• City of Stonecrest (GA) I Classification and
Compensation Study
• City of Woodinville (WA) I Classification and
Compensation Study
• Community College of Allegheny (PA) I Classification
and Compensation Study
• County of Galveston (TX) I Galveston County Sheriff's Office Compensation Review
• County of Gogebic (MI) I Classification and
Compensation Study
• County of Jackson (OR) I Classification and
Compensation Study
• County of Kerr (TX) I Compensation/Classification Study • County of Klamath (MI) I Classification/Compensation
and Equal Pay Studies
• County of Lancaster (PA) I Total Compensation Study
• County of Lancaster (SC) I Classification and
Compensation Study
• County of Maricopa (AZ) I Rate Methodologies and
Recommendations
• County of Ouray (CO) I Classification and Compensation Review and Update
• County of St. Clair (MI) I Peer Selection Compensation Study
• County of York (SC) I Classification and Compensation Study (2); Pay Grade, FLSA Review, & Job Description;
Classification/Compensation Updates
• Dickinson County (MI) I Classification and
Compensation Study
• Disability Rights Florida I Classification and
Compensation Study
• East Central College (MO) I Compensation Study
• Florida Developmental Disabilities Council I
Classification and Compensation Study
• Florida Transportation Commission I Management
Salary Compensation Study
• Green River College (WA) I Classification and
Compensation Study
• Gulf Coast State College (FL) I Compensation and
Classification Study
• Gwinnett County Public Library (GA) I Compensation
Plan Evaluation Services
Director I Social Impact Solutions
• Lapeer County (MI) I Classification and Compensation
Study
• Livingston County (MI) I Classification and
Compensation Study
• Livingston Community Health Authority (MI) I
Classification and Compensation Study
• Los Angeles Unified School District (CA) I IT
Recruitment, Retention, and Classification Study
• Maricopa County Sheriff's Office (AZ) I Internal Affairs Staffing Study
• Maryland Environmental Service I Classification and
Compensation Study
• Muskegon County (MI) I Classification and
Compensation Study
• Navajo Nation (AZ) I Classification and Compensation
Study
• North Carolina Education Lottery I Classification and Compensation Study
• Oconee County (SC) I Position Evaluations and Job
Descriptions; Compensation and Classification Study
• Office of Program Policy Analysis and Government
Accountability (OPPAGA) (FL) I Organizational Review of Florida Clerks
• Pittsburgh Public Schools (PA) I Classification and
Compensation Study
• Prosper Portland (OR) I Classification and
Compensation Study
• Rhode Island Student Loan Authority I Compensation
and Benefit Study
• Santa Fe College (FL) I Classification and Compensation Study
• Sault Tribe (MI) I Classification and Compensation
Consulting Services
• South Carolina Education Lottery I Classification and Compensation Plan
• Southern Nevada Regional Housing Authority I
Classification and Compensation Study
• Southwest Vermont Supervisory Union I Organizational
Review
• St. Clair County (MI) I Classification and Compensation Study
• State of Colorado I Organizational Review
• Tampa Bay Water (FL) I Classification and
Compensation Study
• West Shore Community College (MI) I Compensation
and Classification Study
Contact Info: P: 850.296.7143 I [email protected]
KEY PERSONNEL
EHEA
" MGT
Frederick "Rick" Labib-Wood, MPH
Director I Social Impact Solutions
Mr. Labib-Wood has over 45 years of experience managing human resource programs in a variety of public sector organizations including over 20 years in public schools in California. He previously served as the Classified Personnel Director for the Personnel Commission of the San Dieguito Union High School District in Encinitas, California, and during part of that time he was also on the planning committee and training staff of the Classified Employees Development Academy (CEDA), a joint venture of the San Diego County Office of Education, the California Association of School Business Officials (CASBO), and the California School Employees Association (CSEA). He has coordinated human resources legislative research and testimony for the State of Hawaii's Department of Personnel Services and spearheaded that agency's policy development for launching the State's flexible working hours program as well as leading a research project to set up a job -sharing program for State employees and departments.
Areas of Expertise
• Project Management
• HR Management and Administration Systems
Education
Master of Public Health (MPH), University of Hawaii, Manoa Campus 1986 B.A., French, Austin College 1968
Diplome d'Etudes de civilisation frangaise from the Sorbonne, University of Paris, France 1967 Human Resources Practitioner Experience
Director of Classified Personnel, San Dieguito Union High School District, Encinitas, California
Supervising Analyst, Personnel Department, Riverside County, California
Personnel Management Specialist, Department of Personnel Services, State of Hawaii
YNC (Retired), U.S. Coast Guard and Coast Guard Reserve Sample of Relevant Project Experience
• Alpine Union School District (UT) I Classification and Compensation Study
• Berkeley Public Schools (CA) I Classification and
Compensation Study
• Cajon Valley Union School District (CA) I Classification and Compensation Studies
• City of Boise (ID) I Classification Study
• City of Grand Rapids (MI) I Classification and
Compensation Study
• City of San Clemente (CA) Classification and
Compensation Study
• County of Livingston (MI) I Classification and
Compensation Study
• Grossmont Union High School (CA) I Classification and Compensation Study
• Lakeside Union Elementary School District (CA) I
Classification and Compensation Study
• Lake Elsinore USD (CA) I Classification and Compensation Study
• La Mesa -Spring Valley Unified School District (CA) I Classification and Compensation Study
• Lawndale Elementary (CA) I Classification and
Compensation Study
• Classification and Compensation Studies
• Change management and reorganization
Teaching Experience Related to Human Capital
Core Adjunct Faculty in MA-HRM Program, National
University, San Diego, California
Adjunct Faculty, School of Public Administration, San Diego State University
• Madera County Superintendent (CA) I Classification and Compensation Study
• Mendocino County Office of Education (CA) I
Classification and Compensation Study
• Madera USD (CA) I Classification and Compensation
Study
• Muskegon County (MI) I Classification and Compensation Study
• Navajo Tribal Utility Authority (AZ) I Compensation Study • Orange County Department of Education (CA) I
Classification and Compensation Study
• Perris Union High School District (CA) I Salary Survey • Prosper Portland (OR) I Classification and Compensation Study
• San Diego County (CA) I Classification and Compensation Study
• Solana Beach USD (CA) I Classification and Compensation Study
• The Western Pennsylvania School for the Deaf (PA) I
Classification and Compensation Study
• Tampa Bay Water (FL) I Compensation Study Update
• Tuscola County Health Department (MI) I Compensation
Study
KEY PERSONNEL
EHEA
" MGT
Frederick "Rick" Labib-Wood, MPH
Director I Social Impact Solutions
• Lenawee County (MI) I Classification and Compensation • Ukiah USD (CA) I Classification and Compensation Study Study • Sonoma County Office of Education (CA) I Classification • Livingston County (MI) I Classification and Compensation Review Study • Walnut Valley USD (CA) I Classification and Compensation Study
Contact Info: P: 760.602.9352 I [email protected]
KEY PERSONNEL
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Jessica Ancona
Associate I Social Impact Solutions
Ms. Ancona is a passionate leader in education and government stemming from her unique background, experience, and existing government relationships cultivated over 20+ years.
She thrives in maximizing opportunities and experiences for students and community members in public service, public administration, and politics. She pivoted her career to serve as spokesperson and advocate on behalf of a mission -driven organization/agency with a community -focused agenda to improve the conditions of all community stakeholders; with equal access to resources and funding for education, healthcare, and job/economic opportunities.
Areas of Expertise
• Planning — visioning, developing, and orchestrating strategic goals within various organizations • Management & Operations — employee management, budget development, resource management, risk management • Organizational Leadership — non-profit organization relations, job placement, policy development, negotiations, campaign management, community development
Education
Master in Education, Azusa Pacific University
Bachelor of Arts, Chicano/Chicana Studies, University of California, Los Angeles Master in Governance Certificate I Board President's Training, California School Board Association Human Resources Certificate, Personnel Academy, Association for California School Administrators Sample of Relevant Project Experience
• City of Grand Rapids (MI) I Classification and
Compensation Study
• City of Hillsboro (OR) I Classification and Compensation Study
• City of Woodinville (WA) I Classification and
Compensation Study
• County of Livingston (MI) I Classification and
Compensation Study
• Lawndale Elementary (CA) I Classification and
Compensation Study
• Mendocino County Office of Education (CA) I
Classification and Compensation Study
• Sacramento County Office of Education (CA) I Salary
Compensation Study
• Tampa Bay Water (FL) I Compensation Study Update
Professional Background
EH&A, now part of MGT of America Consulting, LLC, Associate, 02/2023 - present City of EI Monte, Mayor, 2020 - present
City of EI Monte, Councilwoman, 2018 - 2020
L.A. Metro, Councilmember — San Gabriel Valley Service Council, 2022 - present Los Angeles County Sanitation Districts, Director for District 15, 2020 - present Foothill Transit, Governing Board Member, 2018 - present EI Monte City School District, Governing Board Member/President, 2013 - 2018 Marco Antonio Firebaugh High School, Assistant Principal, 2019 - 2023 Muscatel Middle School, Principal, 2014 - 2019
Muscatel Middle School, Assistant Principal, 2010 - 2014 Contact Info: P: 760.602.9352 I [email protected]
KEY PERSONNEL
1111 Angela Bishop
.•.'. MGT
Associate I Social Impact Solutions
Ms. Bishop is a Human Resources administrator with a passion for managing high performing teams and ensuring a positive employee experience.
Areas of Expertise
• Human resources administration strengths -based
leadership talent acquisition
• Employee engagement
• Performance management
• Position classification
• Compensation studies
Education
Bachelor's Degree — Public Administration, San Diego State University
Sample of Relevant Project Experience
• Berkeley Public Schools (CA) I Classification and
Compensation Study
• City of Boise (ID) I Classification Study
• La Mesa -Spring Valley Unified School District (CA) I Classification and Compensation Study
• Madera County Superintendent (CA) I Classification and Compensation Study
• Organizational studies branding & marketing
• Strong customer and partnership focus with a team -
oriented spirit
• Confident communicator, outstanding listener, curious about people, creative problem -solver and cultivator of lasting relationships
Professional Development
Various workshops and trainings, including Gallup employee engagement; position classification and compensation;
supervisory and communication skills; reengineering of
Human Resources; DFEH/EEOC processes and
investigations; project/time management
• Madera USD (CA) I Classification and Compensation
Study
• Perris Union High School District (CA) I Salary Survey • San Diego County (CA) I Classification and
Compensation Study
Professional Background
MGT of America Consulting, LLC, Associate, Facilities Services, April 2022 — Present Merit System Support, 2020 - April 2022
Cajon Valley Union School District — Director, Classified Personnel, January 2006 - December 2020 San Diego County Office of Education — Employment Services Supervisor, January 2001 - December 2005 San Diego Unified School District —Analyst 111, Human Resources, September 1985 - December 2000 Contact Info: P: 760.602.9352 I [email protected]
KEY PERSONNEL
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Sandra McCoy
Associate I Social Impact Solutions
Ms. McCoy is a staple in the community and adored by many for her dedication to improving the community through education over two decades in her life.
Ms. McCoy has served in directorial leadership roles for two of the largest employers in the Antelope Valley and Orange County; recently retiring from service at Santa Ana Unified School District (SAUSD), the 11th largest school district in California. Ms. McCoy has been able to create a lasting impact in each role she has filled through her creative insight, unique capabilities, and community prowess.
Education
Master of Business Administration, University of Phoenix Bachelor of Psychology, Chapman University
Sample of Relevant Project Experience
• Berkeley Public Schools (CA) I Classification and
Compensation Study
• City of Cudahy (CA) I Classification and Compensation Study
• La Mesa -Spring Valley Unified School District (CA) I Classification and Compensation Study
Certifications
Association of CA School Admin. School Business Managers Academy
Association of CA School Admin.
• Madera County Superintendent (CA) I Classification and Compensation Study
• Muskegon County (MI) I Classification and
Compensation Study
Professional Background
MGT of America Consulting, LLC, Associate, April 2022 — Present Santa Ana Unified School District, Director of Human Resources, 2022 Classified Personnel Specialist
Strategic Leader and Transformative Management
Improvement of departmental and organizational operations Performance, productivity, and efficiency strategist
Service oriented to students of diverse backgrounds
Classification and compensation analyst
Palmdale School District, Assistant Director of Human Resources, 2018 Credentials Analyst
Executive Assistant to the Superintendent
Performance, productivity, and efficiency strategist
Service oriented to students of diverse backgrounds
Contact Info: P: 760.602.9352 I [email protected]
KEY PERSONNEL
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Joel Palladini
Analyst I Social Impact Solutions
Mr. Palladini is a U.S. Army Veteran and mid/senior-level Analyst with over 7 years of experience in data analysis, project management, and working with dynamic cross - functional teams. He provides oversight and project management for classification and compensation studies and has significant experience conducting analysis on classification and compensation studies, and organizational expertise in managing software and collaboration tools to keep the human capital team on track in completing projects. He also provides the team with excellent technical expertise in various systems and methodologies. Mr. Palladini's career involvement in the military established a baseline career as an Analyst. He served as an Intelligence Analyst in the 82nd Airborne Division based out of Fort Bragg, North Carolina. Mr. Palladini had one deployment to the Middle East in support of Operation Inherent Resolve.
In addition to his work on human capital, Joel assists key leaders with client relations support, processing opportunities, and providing guidance on the next steps with future clients. He holds a Bachelor of Science degree from Kent State University in Integrative Studies with concentrations in Business Administration, Accounting, and Marketing.
Education
B.S., Integrative Studies with a concentration in Business Administration, Accounting, Marketing, Kent State
University, 2015.
Recent Recognitions
2022 Army Commendation Medal
National Defense Service Medal
Sample of Relevant Project Experience
• Berkeley Public Schools (CA) I Classification and
Compensation Study
• Cajon Valley Union School District (CA) I Classification and Compensation Study
• City of Culver City (CA) I Classification Study
• City of Grand Rapids (MI) I Classification and
Compensation Study
• City of Woodinville (WA) I Classification and
Compensation Study
• Community College of Allegheny (PA) I Classification
and Compensation Study
Certifications
Certified Associate in Project Management (CAPM)
Anticipated Completion: May 2024
Global War on Terrorism Service Medal -Expeditionary
Professional Development Ribbon
• Grossmont Union High School (CA) I Classification and Compensation Study
• Orange County Department of Education (CA)
Classification and Compensation Study
• Sacramento County Office of Education (CA) I Salary
Compensation Study
• San Diego County (CA) I Classification and
Compensation Study
Professional Background
MGT of America Consulting, LLC, Analyst, April 2023 — Present Pape -Dawson Engineers, INC., Human Resources Analyst, August 2022 — Present United States Army, All -Source Intelligence Analyst/Security Manager, Jan 2016 — Sep 2022 Parker Hannifin: "Parflex" Division, Accounting Intern, May 2014 - Aug 2014 Goehring, Rutter, and Boehm, Legal Administrative Intern, May 2012 - Aug 2012 Contact Info: P: 760.602.9352 I [email protected]
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Isshiah Myles, M.S.
Consultant I Social Impact Solutions
Ms. Myles has over five years of experience in compensation analysis and administration, job and salary analysis, equity reviews, compensation plans, salary surveys, reclassifications, job descriptions, salary grades, and employment laws. She worked as a compensation professional in higher education, government agencies, and healthcare to provide subject matter expertise that maximized performance, retention, and cost efficiency. Her career in compensation includes collaborative efforts to create an all -new compensation philosophy, pay grade structure, processes, and best practices.
Areas of Expertise
• Compensation and Classification • Salary Recommendations • Salary Surveys • Job and Position Management
• Internal and External Equity • Job Audits
• Job Descriptions • Employment Laws
• Market Data Analysis
• Step Progressions
• Career Paths
• Job Reorganizations
Education
Bachelor of Arts in Psychology, Northern Illinois University, 2005 Master of Science in Adult and Higher Education, Human Resource Development, Northern Illinois University, 2009 Professional Background
MGT of America Consulting, LLC, Consultant, January 2024— Present McKesson, Senior Compensation Analyst, September 2021— March 2023 U.S. Anesthesia Partners, Compensation Analyst, September 2019 — September 2020 University of North Texas System, Compensation Analyst, August 2017 —August 2019 NorthgateArinso, Compensation Analyst, October 2013 — October 2015 Contact Info: P: 888.302.0899 I [email protected]
KEY PERSONNEL
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Claudia Fasse, MBA
Analyst I Social Impact Solutions
Ms. Fasse is passionate about learning and applying the latest trends and best practices in HR, particularly in the fields of Compensation and Classification, Training and Development, and Employee Relations. Her most recent professional experience was supporting compensation processes, strategies, and concepts, with a specialization and process ownership of job description writing and job levels. In her previous role, Claudia dedicated her time to pursuing the Compensation Team in job profile work, enhancing the team's collective skills.
Additionally, Claudia routinely collaborated with Human Resource Information Systems (HRIS) to implement Workday enhancements, improving team efficiency. She was the source of communication for quarterly salary and budget surveys, including survey participation and data management, and managing vendor relationships and invoices with survey providers. Claudia supported her team through the creation of mission -critical process documentation and emphasized the importance of broader technology and business changes that impacted compensation processes. Claudia has a Master of Business Administration with a focus on Human Resources Management, earning her degree from the Wayne State University Mike Hitch School of Business. She has extensive experience in customer service, communication, and analysis. Her overall career goal is to utilize her education and experience to contribute to organizational growth and success.
Areas of Expertise
• Talent Management • Job Profiling • Vendor Management • Organizational Development • Job Levels & Families • Process Improvement • Compensation Operations • Salary and Budget Surveys • Consulting Education
Master Of Business Administration, Human Resources
Concentration, Wayne State University, Detroit, MI
Bachelor of Arts, Psychology, Oakland University, Rochester, MI
Credentials and Certifications
Korn Ferry Architect Certification
Professional Background
MGT of America Consulting, Analyst, January 2024 — Present Rocket Central, Compensation Partner, October 2022 —August 2023 Rocket Central, Associate Technology Talent Strategist, August 2021— October 2022 Rocket Central, Intern, May 2021 — August 2021
Chase, Associate Banker, July 2016 — May 2021
Contact Info: P: 888.302.0899 I [email protected]
KEY PERSONNEL
Brandon W. Ledford, SHRM-SCP, CCMP, PMP
Senior Vice President I Social Impact Solutions
Mr. Ledford is responsible for driving the growth and execution of MGT's human capital and resource consulting services, which includes classification and compensation/salary studies, policy and procedure development, organizational reviews, and best practice research. For over ten years, he has assisted global clients in all industries with human capital, public policy, management consulting, revenue performance management, strategy, business transformation, data analytics, and strategic communications. Prior to joining the MGT leadership team, he was the Vice President overseeing the Human Resources and Policy and Compliance departments of a global technology company and has been a consultant for both Booz Allen Hamilton and Deloitte. Mr. Ledford also has interned for the U.S. Supreme Court and White House Office of Science and Technology Policy. He holds a Master of Public Policy from George Mason University's School of Public Policy, a Bachelor of Arts from Pennsylvania State University, is a certified Project Management Professional (PMP), Change Management Professional (CCMP), and a Society of Human Resources Management Senior Certified Professional (SHRM-SCP).
Areas of Expertise
• Human Capital
• Business Transformation
• Data Analytics
Education
M.P.P., Health Policy, Science and Technology Policy, George Mason University, 2011
B.A., Comparative Literature, Latin, The Pennsylvania State University, 2006
Innovation and Entrepreneurship Certificate, Stanford
University, 2020
Society of Human Resources Management, Senior Certified Professional (SHRM-SCP), February 2021
Prosci Change Management Certificate, February 2020
Project Management Professional (July 2013 — Present)
Lean Six Sigma Yellow Belt (August 2012 — Present)
Sample of Relevant Project Experience
• Antelope Valley College District (CA) I Classification and Compensation Study
• Beaufort County School District (SC) I Needs
Assessment
• Brevard County School Board (FL) I Districtwide
Compensation Study
• Centre Area Transportation Authority (PA) I
Classification and Compensation Study
• CF Solutions I Classification and Compensation Study
• City of Apopka (FL) I Classification and Compensation Study
• City of Gainesville (FL) I Executive Recruiting
• City of Hermiston (OR) I Classification and
Compensation Study
• City of Stockton (CA) I Equity Assessment, Commercial Cannabis Program
• City of Toledo (OH) I Disparity Study
• Public Policy
• Strategic Communications
• Strategy
Honors
The Horatio Alger Scholarship, four consecutive years
Martha V. and Walter A. Pennino Endowed Scholarship
American Cancer Society Champion College Scholarship
Carolyn's Compassionate Children Scholarship
The Harry W. Klinger University Scholarship, four
consecutive years
The Brandon Ledford Scholarship
• Gogebic County (MI) I Classification and Compensation Study
• Green River College (WA) I Classification and
Compensation Study
• Gulf Coast State College (FL) I Compensation and Class Study
• Gwinnett County Public Library (GA) I Compensation
Plan Evaluation Services
• Harford County Public Schools (MD) I Compensation
and Benefits Study
• Hawaii Health Systems Corporation I Classification and Compensation Study; Executive Performance Review
System Design
• Hillsborough Area Regional Transportation Authority
(FL) I Classification and Compensation Study
• Hillsborough Community College (FL) I Administrator
Classification and Compensation Study
KEY PERSONNEL
Brandon W. Ledford, SHRM-SCP, CCMP, PMP
• City of Woodinville (WA) I Classification and
Compensation Study
• Colorado Division of Accounts and Control I Trainers, Facilitators, Organizational Development Consultants
• County of Charles (MD) I Operational and
Organizational Assessment
• County of Glades (FL) I Employee Policy and Handbook
Development
• County of Jackson (OR) I Classification and
Compensation Study
• County of Lancaster (SC) I Classification and
Compensation Study
• County of Maricopa (AZ) I Human Resources Services
• County of Maricopa (AZ) I Rate Methodologies &
Recommendations
• County of Maui (HI) I Performance Audit
• County of Ouray (CO) I Classification and Compensation Review and Update
• County of York (SC) I Ongoing Classification and
Compensation Services
• Dallas Area Rapid Transit (TX) I Benefits Assessment
• Disability Rights Florida I Classification and
Compensation Study
• East Central College (MO) I Compensation and
Classification Study
• Florida Atlantic University I Organizational Assessment • Florida Department of Education I Review of Florida
Safe School Assessment Tool
• Florida Development Disabilities Council I Classification and Compensation Study
• Florida Office of Program Policy Analysis and
Government Accountability I Florida Clerks of Court
Organizational Review
Senior Vice President I Social Impact Solutions
• Indiana Department of Administration I School
Corporation Emergency Management Services
• Lancaster County (SC) I Classification and
Compensation Study
• Maryland Environmental Service I Classification and
Compensation Study
• Navajo Nation I Compensation Study
• North Carolina Education Lottery I Compensation and
Classification Study
• Orleans Parish School Board (LA) I Diversity, Equity, and Inclusion Study
• Pittsburgh Public Schools (PA) I Classification and
Compensation Study
• Santa Fe College (FL) I Classification and Compensation Study
• Sault Tribe (MI) I Classification and Compensation
Study
• Southern Nevada Regional Housing Authority I
Classification and Compensation Study
• State of Colorado I Organizational Review; Training
• Tampa Bay Partnership (FL) I Organizational Review
• Tampa Bay Water (FL) I Compensation and
Classification Study
• Texas Southmost College I Market Surveys and
Evaluations
• University of Arkansas for Medical Sciences I
Compensation Study
• University of Nevada, Las Vegas I Strategic Planning
• Washington Suburban Sanitary Commission (MD) I
Consulting Services for a Disparity Study
• West Shore Community College (MI) I Compensation
and Classification Study
Contact Info: P: 814.312.1055 I [email protected]
eferences
A leader in public sector classification and compensation studies.
Many of our clients have contracted with MGT for multiple projects or updates; we feel repeat business is the greatest testament to our commitment to customer service and client satisfaction. We encourage you to contact any of our references to learn of our professionalism, ability to meet timelines, and the expertise of our staff.
CULVER CITY CLASSIFICATION AND COMPENSATION STUDY
7/2023-2/2024 I CONTRACTED AMOUNT: $159,800
DANA ANDERSON, HUMAN RESOURCES DIRECTOR
1669 E. WILSHIRE AVE.
SANTA ANA, CA 92705
(310) 253-5658 I [email protected]
Culver City aimed to improve employee compensation, both system -wide and granularly, by conducting a comprehensive classification and compensation review. The study aimed to redesign the salary scales and create a mathematically logical and equitable progression of pay grades across the classifications.
Additional goals included revitalizing over 200 classification job descriptions and considering compensation for classifications based on market demand. A detailed classification and compensation study was conducted, unveiling a new salary scale, re -aligning classifications with their current duties, and considering structural changes as recommended by supervisors. As a feature of the study, the cost to place all employees on the new salary scale and adjust salaries for the market was provided.
CITY OF CUDAHY CLASSIFICATION AND COMPENSATION STUDY
11/2022 - 03/2023 I CONTRACTED AMOUNT: $54,880
NOEL BARAJAS, HUMAN RESOURCES MANAGER
5220 SANTA ANA STREET I CUDAHY, CALIFORNIA 90201
(323) 773-5143 EXT. 223 I [email protected]
To accomplish the City of Cudahy's project goals, MGT's study included:
• A review of Cudahy's current salary schedules, organizational charts, and job descriptions. • A review of the data gathered through MGT's MIP survey was completed by supervisors to identify concerns regarding position levels and descriptions. • A review of the data gathered through MGT's JCQ for selected positions to collect information on a classification's current educational requirements, FLSA/ADA compliance, internal and external relationships, and job responsibilities and duties. • An evaluation of jobs based on the nature of work and the job task assignments for each position.
• A review and comparison of salary data from comparable entities (as approved by the City of Cudahy).
• Developing an updated compensation system based on relevant market comparisons and assigning positions to appropriate placement within the system. • Revision/development of job descriptions for positions. A summary of costs and strategies to implement the competitive compensation structure.
• A summary of costs and strategies to implement the competitive compensation structure.
REFERENCES
CITY OF SAN CLEMENTE CLASSIFICATION AND COMPENSATION STUDY 10/2022 - 4/2023 I CONTRACTED AMOUNT: $17,668
JOHANNE THORDAHL, HUMAN RESOURCES MANAGER
910 CALLE NEGOCIO I SAN CLEMENTE, CALIFORNIA 92673
(949) 361-8203 I THORDAHLJ @SAN-CLEM ENTE.ORG
The City of San Clemente sought professional services to review the City's current part-time employee compensation and classification program and to provide guidance on the proper structuring and implementation of a fair and equitable program. The study indicated what actions should be taken to avoid loss of qualified staff and difficulties in recruiting new employees for City employment, while competitively compensating its 184 current part-time employees in 18 job classifications. An Evaluation and benchmarking of the City's total compensation package was reviewed.
4<
Appendix A. Sample Management
Issues Paper (MIP)
MANAGEMENT ISSUES PAPER'
This tool is designed to collect information about specific concerns that you may have related to your organ¢ation's current compensation and classification system_ The information that you submit will be used to assist MGT of America Consu ltiig, LLC in the overall position evaluation and to make recommendationsfor updating and improving the current system.
Your Name Your Classification Title
Department Name
MANAGEMENT ISSUE DE -FAIL
I. OFRC1AL CLASSIFICATION TITLE {JOB TITLE) RELATED TO THE ISSUE:
II. EMPLOYEES IN CLASS RELATED TO THE ISSUE:
List prunes of class incurnbenLc. Use track of page for additional space if necessary.
III. DESCRIPTION/RESOLUTION OF THE ISSUE:
HEM ALL
THAT APPLY
NATURE OF ISSUE
RECOMMENDED RESOLUTION
Recruitment/Retention of qualified employees
Current Pay Grade{Salary Rave should he
revised/updated
Recommended New Pay Grade ar Salary Range:
Classification Title should he revise-d/updated
Recommended New Title:
Career Path/Advancement for this Classification
Recommended New Series orAdvancement Leve :
Other (briefly descrbeM
IV, BACKGROUND OF THE ISSUE:
Briefly describe the nature of the issuers) checked in Part ill:
Are other related dassifieatrons comparable to this classification in terms of required skill, effort, responsrbifity, or working conditions? Please list titres and pay grades_
Appendix B. Sample Job Content Questionnaire (JCQ)
INTRODUCTION
The following survey is designed to collect information about your role in the organization and the job that you perform.
JOB CONTENT QUESTIONNAIRE©
Prepared for:
INSERT CLIENT NAME
4320 WET KENNEDY BOULEVARD, SUITE 200 I TAMPA, FLORIDA 3]dB9 10116302.11699 I V4 WW.NGTCONSULTING.CON Survey results may be used to:
• Make pay adjustments to align individuals performing similar jobs within the organization or in similar organizations.
• Determine how your position compares to the market for pay. • Determine if positions are accurately classified and if job titles accurately reflect position and duties. • Ensure accurate and up-to-date job desaiptions.
• Assist with staffing plan and salary schedule analyses. • Identify positions requirngadditional job analysis.
This survey will NOT:
• Determine how well you perform your job. This is not a performance evaluation. • Decide whether there are individuals who should be released or demoted. • Reduce individual salaries or guarantee increases.
This survey includes four main sections:
I. BasicJob-Related Information
Section 1.0— Employment Status
II. Job Desorption, Duties, Responsibilities, and Requirements Section 2.0 —Job Desorption
Section 3.0 —Job Duties
Section 4.0— Knowledge, Shills, and Abilities
Section 5.0— Function within the Organization
Section 6.0— Eduational Preparation
Section 7.0 —Experience Requred
III. Work Performed, Responsibility and Leadership, Communication, and Decision-Makng Section 8.0 —Work Performed
Section 9.0— Responsibility and Leadership
Section 10.0 —Communication
Section 110— Decision -Making
N. Financial Authority, Tools and Equipment, and Physical Job Factors Section 120— Financial Authority
Section 13.0 —Tools and Equipment Usage
Section 14.0 —Working Conditions and Physical Requirements -PAG.E2-
APPENDIX B. SAMPLE JOB CONTENT QUESTIONNAIRE (JCQ)
L BASIC JOB -RELATED IFFORMATION
Name
E-mail
Supervisor's Name
Supervisor's E-mail
Phone
SECTION 1.0: EMPLOYEMENT STATUS
Official Job Tide
Working ritle•
Status (chooseorte) ❑ Full-time 7 Part-time
-UraFici= title if different finm official title.
SECTION 2.0: Oft DESCRIPTION
1. Please provide a brief general desaiption of the purpose and responsibilities of your position I34 sentencesi. Please do not list specific duties here. You will list your specific duties in Section 3.0.
2. Indicate the number of Full-time and Part-time individuals you supervise:
(Supervision is the management or supervision of employees who report directly to you-) Full -,trine Part-time
SECTION 3.0: out DUTIES
1. Please Iistthe major job dudes of your position, and indicate the percentage of time that you spend annually on each major job duty.
(The %of -lime column should total 1(10 percent.)
FSSFNTIAL Dt11IFS
Example 1- Prepares briefing on cash availability.
Example 2 - Addresses citizen concerns on permit applications.
Example 3 - Develops complex software solutions for internal users.
OFTIMF
20 55
25 ESSENTIAL TASKS
7. OF TIME
PERCENTOF TIME SHOULD TOTAL 100%
2. Please describe any addtiooaI related job duties:
SECTION 4.k KNOWLEDGE, SKILLS,AIND ABILITIES
1- Please describe the Knowledge, Skills, and Abilities necessaryto perform the functions of your job. Knowledge, Skills, and Abilities are additional qualifications and attributes that are necessary to successfully perform the functions of a specific job. Examples of such statements indude:
+ Knowledge of maintenance equipment and procedures
• Knowledge of operations, services, and policies.
• Knowledge of general office procedures and protocols. - PAGE 3-
+ Knowledge of financial rules, regulations, laws, and procedures. • Skill in cuttinga board to a required measurement
• Skill in typing 40 words -per -minute.
• Abilityto communicate effectively orally and ii writing.
SECTION S.Ot RJ ACTIONS WITHIN THE ORGANIZATION
1. Please indicate the following organizational level that most closely matches your position within the organization and skip to the section indicated in parentheses at the bottom of this page. Once you have completed the section indicated in the parentheses Skip to Seedon 6.0 Educational Preparation,.
J Clerical/Manual (skip to SECTION 5-1) - Work involves clerical tasks; following standardized procedures, techniques, or procedures, and carrying out practices according to standards set by a supervisor or employers.
U Technical/Paraprofessional (skip to SECTION 5.1) - Work involves inspecting, measuring, or comparing to a standard; utilizing special training to perform a defined function; following standardized procedures, tedm iques, or procedures.
❑ Computer Professional (skip to SECTION 5.2) - Work involves mairuainngfsupporting computer software, hardware, or operating systems through activities like programming, designing, developing, documenting, and analyzing computer systems or software.
D Administrator (skip to SECTION 5.3)- Work is directly related to asaistiigwith running or serviciig of the business or department
U Professional (skip to SECTION 5.3) - Work requires advanced learning acquired by a prolonged course of specialized intellectual instruction; or work involves advising diems or assisting customers ordients wide running their business.
D Executive/Managerial (skip to SECTION 5.4) - Work involves managing employees; planning, designing, or overseeing the implementation of organization projects or policies.
If you dose Clerieal/Manual arTedmical/Paraprofessional skip to SECTION 5.1.
If you dose Computer Professional skip to SECTION 5.2.
If you doe Administrator or Professional, skip to SECTION 5.3.
If you close fxerrrtive/MarraPerial skip to SECT ON 5.4.
SECTION 5. I : ADM IN ISTRATME DUTIES
Only complete this section if you selected Cerical/Manuai or Technicol/Parapmfessional in Section 5.0, Function within the Organization. Next, skip to Section 6.6, Educationoi Preparatf on.
1. Do your primary duties involve performing office or non -manual work directly related to management or general business operations of your employer or its clients?
❑Yes 7No
2. De your primary duties include the exercise of discretion and independent judgment in matters of significance? Discretion and independent jtedgrnent imply the ourhorrzy to make an independent choice, free from immediate direction or supervision. NOTE: You can exercise discretion and independent judgment even if your decisions or recommendations are reviewed at higher level.
Consider the following factors and dieckthe applicable factors to guide you in determining whether to answer yes or no.
• Have authority to formulates affect, interpret, or implement management policies or operating practices - PAGE 4-
APPENDIX B. SAMPLE JOB CONTENT QUESTIONNAIRE (JCQ)
• Carty out major assignments in conducting the operations of the organization • Perform work that affects operations to a substantial degree • Have authority to commit the employer in matters that have significant financial impact • Have authorrtyto waive or deviate from established policies and procedures, without prior approval • Have authorityto negotiate and bind the organization on significant matters + Provide consultation orexpert advice tomanagement, involved in planning long -or short-term objectives • Investigate and resolves matters of significa nce on behalf of management • Represent the organization in handling complaints, arbitrating disputes or resolving grievances • Make recommendations a bout significant matters to supervisors for action after comparing and evaluating possible courses of action
Yes ❑No
SECTION 5 2: COMPUTER DUTIES
ES
Only I, Ipkte this section if you selected Computer Professionof in Section 5.0, Function tuithin the Organization. Next skip to SECII011 6.0, Educatfonof Preparation.
1. Select "Yes" if your primary duties consist of the following:
• The appliultion of systems analysis tech niques and procedures, induding consulting with users, to determine hardware, software or system functional specifications
+ The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototype;, based on and related to user or system design specifications • The design, documentation, testing, creation or modifiotion of computer prograrns related to machine operating systems
+ A combination of the aforementioned dirties, the performance of whidi requires the same level of skills ❑Yes 7 H
SECTION 53: ADMINISTRATIVE AND PROFESSIONAL DUTIES
Only complete this section if you selected Administrative or Professional in Section 5.0, Function within the Organization. Next, Skip W 5ettion 6A, EdueatronorPreparation.
1. Do your primary duties involve performing office or non -manual work directly related to management or general operations of your employer or its clients?
❑Yes 7 H
2. Do your primary, duties indude the exercise of discretion end independent judgment in matters of significance? Discretion and independent judgment implies the authority to make on independent choice, free from intmedioe direction orsupendsion. NOTE: Youevn exercisedisr eiionandindependentjudgmenteven rfyour decisions w recommendations are reviewed at a higher level.
Consider the following factors to guide you in determining whether to answer yes or no- • Have authorftyto formulate, affect, interpret, or implement management polities or operating practices • Carry out major assignments in conducting the operations of the organization • Perform work that affects operations to a substantial degree • Have authority to commit the employer in matters that have signifies nt financial impact • Have authority to waive or deviate from established polities and procedures, without prior approval • Have authority to negotiate arrdbind the organizationot significarrcmatters • Provide consultation orexpertadvice tomanagement; involved in planning long -or short -tern objectives • Investigate and resolves matters of significance on behalf of management • Represent the organization in handling complaints, arbitrating disputes, or resolving grievances • Make recommendations about significant matters to supervisors for action after comparing and evaluating possible courses of action
Yes 7 H
3. Does your primary duty consist of work requiring advanced knowledge in a field of science or learning acquired by a prolonged course of specialized intellectual instruction as distinguished from a general academic education? Consider the following factors and definitions before answering yes or no- + "Advanced knowledge" means work that is predominately intellectual in character, and which indu des work requiring the consistent exercise of discretion and judgment • Advanced knowledge is generally used to analyze, interpret, or make deductions from varying facts or circumstances
• Advanced knowledge Onnot be attained at the high school level • "Prolonged course of specialized intellectual instruction" means that the learned professional exemption is limited to professions where specialized, academic training is a standard prerequisite for entering the profession ❑Yes 7No
4. Does your work require the use of creativity, invention, or imagination in a recognized field of ertistic endeavor? I7 Yes 7No
5. Is your work predominantly intellectual and varied in character rather than routine mental, manual, mechanical or physical work?
I7 Yes 7 N
SECTION S-4: EXECUTIVE DUTIES
Only complete this section if you selected fxerutiur in Section 5.0, Function within the 0rgonfzation. Next, slip to Section 6.0, Educational Preparation.
1. Does your primary duty consist of managing a department or subdivision? Factors to consider n determining importance of duty are:
+ Supervising and directing the work of other employees, ordering items, managing the budget and authorizing + The relative importance of your management duties as compared with other types of d uties • The amount oftime you spend performing management work. Usua Ily spending more than 50%of one's time performing management work will satisfy the primary duty requirement, but one can spend less time and also meet the primary duty requirement based on other factors • Your relative freedom fram direct supervision
• The relationship between your salary and the wages paid to other non -management workers for the same kind of non -management work
Consider the following management duties to guide you in determining whether to answer yes or no- • Supervising employees and/or interviewing, selecting, and training of employees - PAGE 5 -
- PAGE 6.
APPENDIX B. SAMPLE JOB CONTENT QUESTIONNAIRE (JCQ)
• Setting and adjusting pay rates and work hours
• Directing the work of employees
• Conducing perForma rice a ppraisals
• Handling employee complaints and grievances
• Disciplining employees
• Planning work and apportioning the work among the employees • Running or servicing an organization, such as determining the items to be bought, stocked, and sold • Planning and controlling the budget
• Monitoring or implementing legal compliance measures
❑Yes 7No
2. Do you have the authority to hire and fire employees or do you provide suggestions or recommendations regarding hiring, firing, end advancement decisions, which are given weight in the decision -making process? To determine weight, consider the following factors:
• The degree to which your duties require making suggestions and recommendations • The frequency with which suggestions and recommendations are made or requested • The frequency with which your suggestions and recommendations are relied upon iS E You need not have authority to make the ultimate decision. Suggestions and recommendations may be reviewed by a higher level manager.
❑Yes 7No
3. Do you regularly direct the work of two or more full-time employees? ❑Yes 7No
4. Do you decide when to perform non-rnanagementduties, and when performing such duties do you remain responsible for the success orfailure of the organization's operation? El Yes 7 N
5. Are you a shift manager or leader?
Typicaty, o shrjtmanager is not responsiWe,for success orfaiiwe of the business operation, but rather directs employees while olso performing simitor wort to the employees. ❑Yes 7 N
6. Does your primary duty consist of work requiring advanced knowledge in a field of science or learning acquired by a prolonged course of specialized intellectual instruction as distinguished from a general academic education? Consider the following factors and definitions before answe ring yes or no. •
r
"Advanced knowl edge" means work that is predominately intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment Advanced knowledge is generally used to analyze, interpret or make deductions from varying facts or circumstances
• Advanced knowledge tannotbeattained atthe high sdiool level • "Prolonged course of specialized intellectual instruction' means that the learned professional exemption is limited to professions where specialized, academic training is a standard prerequisite for entering the profession ❑Yes 7 N
- PAGE 7.
7. Does your work require the use of creativity, imremion, or imagination in a recognized field of artistic endeavor? El Yes ❑No
S. Is your work predominantly intellectual and varied in character rather than routine mental, manual, mechanical or physical work?
❑Yes 7 N
SECTION 6.0 EDUCATIONAL
1. What level of education is required for your position? ❑ Some high school education
❑ Completion of high school/GED
U Some col lege education
❑ Completion of an Associate's degree
U Completion of a Bachelor's degree
❑ Some graduate school edu.ation
❑ Completion of a Master's degree
U Completion of a Doctorate degree
2. What certifications, licenses, or professional designations, ifany, are required for your position?
3. What certifications, licenses, or professional designations, if any, are jaLefgrmg for your position? SECTION 7.0: EXPERIENCE
1. How much experience is required for your position?
7 Noexperience required
7 6 months
7 1 year
U 2years
2. Can education be substituted for experience?
❑Yes 7No❑nonot know
3. Can experience be substituted for education?
❑ Yes 7 No ❑ no not know
3 years
4 years
5 years
6 years
- PAGE 8-
7 years
8 years
9 years
+16 years
APPENDIX B. SAMPLE JOB CONTENT QUESTIONNAIRE (JCQ)
III. WORK PERFORMED, RESPONSIBILITY AND LEADERSHIP, COMMUNICATION,
AND DECISION -MAKING JOB FACTORS
SECTION LO: WORK PERFORMED
Please read each statement below and check the one that is the closest match to your major job duties.
CLOSEST
MATCH
FACTOR
Perform clerical or manual tasks
SIC: May copy, compile, maintain basic files systems or enter data, or compute data using addition, subtraction, multiplication, and division; or compare items against a standard; or operate light equipment such as lawn mowers, floor buffers, pidtup truce van; or perform general housekeeping/custodial duties.
Perform clerical or manual tasks involving intensive understanding of a field, unit or division Example: May summarize, tabulate, or format data or information, or gather data and information for later evaluation; or perform arithmetic operations ndudng basic geometry or algebra, ind uding computing discounts, interest rates, ratios and/or percents; or uses or operates medium use equipment such as chaimaws, mowing equipment; or journeyman level trades work.
Perform specialized technical work invohring data collection, evaluation, analysis, and troubleshooting, or reports c l operations end activities of a department, a performs general coordination of individual or departmental activities
Example May use descriptive statistics, advanced geometry or algebra; requires the use of a wide range of administrative and/or technical methods in the solution of problems; or operate heavy construction eoupment; or perform master level trades duties_
Performentry level professional work including bask data analysis and synthesis, or report on operations and activities of en organization; or perform quality assurance and compliance activities May use advanced algebra, inferential statistics, and/or financial models_ _Example:
Performprofessional level work requiring a wide range of administrative, technical, scientific, engineering, accounting, legal, or managerial methods applied to complex problems _ Example: May plan or direct the sequence of department or division activities Perform professional or managerial work inducing advanced data analysis and synthesis Lomat: May develop polities, procedures, or methodologies based on new facts or knowledge; or interpret or apply established polities.
Perform advanced professional work methods to formulate important recommendations or me ke technical decisionsthat have an organization -wide impact Ltiajujg: May require the use of creative ability and resourcefulness in the analysis and solution of complex problems; may develop new approaches or methodologies to solve problems not previously encountered.
Perform executive or expert professional work to establish policy, long-range plans, and program, id entify funding sources and allocate funds
Examnl e: May develop or use theoretical mathematical concepts to formulate new techniques, or make decisions that impact both the organization and the discipline. • PAGE 9.
SECTION 9.Ik RIMPON51BILITY AND LEADERSHIP
Please read each statement below and check the one that isthe closest match to your major job duties, aOSESr
MATCH
FACH]R
Follow instructions or work orders; or read routine sentences, instructions, regulations, or procedures.
Follow technical instructions, procedure manuals and charts to solve practical problems, or compose routine or specialized reports orforms and business letters, or ensure compliance with clear guidelines and standards.
Follow complextedmical instructions, solvetechnical problems, or disseminate information regarding pol ides and procedures; may canpose unique reports or analysis, or provide extensive customer service to internal or external customers.
Follow complex rules or systems, using professional literature and technical repots; or enforce laws, rules, regulations, or ordinances.
Supervise, instruct, or train others through explanation, demonstration, and supervised practice or make recommendations based on technical expertise. May have first -level supervisory duties including administration of performance feedbadx, or coordinate work activity schedules for teams.
Direct, manage, or lead others; may determine work procedues, assign duties, maintain ha mhonious relations, or promote efficiency; may develop and administer operational programs; or may write or present extremely complex papers and reports -
Formulate and issue polities, procedures, and instructions; respornsible for longterm planning within an agency, department or division.
Guide organization -wide development; leads Me development of organization mission, vision, and principles; directs capital improvement inrtiatives-
SECTION IO.O: COM*IINICATION
Please read each statement below and check the one that is the closest match to your major job duties. aO' ST
MATCH
FACTOR
Communicate using routine sentences, complete routine job forms and incident reports, or communicate routine information regarding daily activities.
Communicate to convey or exdiange general work -related information or service to internal or external customers.
Communicate infonnationto guide or assist people; may give instructions or assignments to helpers or assistants_
Communicate with internal and external groups, write manuals and complex reports, persuade or influence others in favor of a service, point of view, or course of action.
Communicate information among co-workers, customers, vendors, and management; or speak before professional and civic groups; may write complex articles and reports or develop presentation for specialized audiences; may read scientific or technical jourirals orreparts.
Communicate with operational and functional leaders; read and interpret professional materials involving advanced bodies of knowledge.
Common Kates through negotiation and consensus building to exchange ideas, information, and opinions or develop decisions, conclusions, or solutions-
Commun Kate with key stakeholders to affect long term planning and to secure organization position and resources.
- PAGE 10-
APPENDIX B. SAMPLE JOB CONTENT QUESTIONNAIRE (JCQ)
SECTION 11.0: DECISION -MAKING
Please read each statement below and check the one that is the closest match to- your major job duties.
CLOSEST
MATCH
FACTOR
Perform routine or semi -routine work under direct supervision. Requires very few decisions, ng only the individual.
Perfomr semi -routine work irwohring set procedures, but which may requre problem -solving, serve clients or co-workers, or respond to requests. Requires some decisions that affect a few co -workers - Perform Beni -killed work invohng some set procedures and frequent problem -solving. Requires frequent decision making affecting co-workers or the general public; may be responsible for providng information to those who depend on a service_
Perform skilled work involving almost constant problem solving. May be responsible for actions of others, requiring almost constant decisions affctLing co-workers, clients or others in the general public.
Perfomr coordinating work involving guidelines and rules with constam problem -solving. May be responsible for actions of others requiring development of procedures and constant decisions affecting subordinate workers, dientr, or others in the general pudic.
Perfomr management and supervisory work involving policy and guideline interpretation, solving both people and work -related problems. Decision -making is a significant part of job, affecting a large segment of the organization and the general public
Perfomr advanced professional work involving the application of principles of logical thinking to diagnose or define problems, collect data and solve abstract problems with widespread unit or organization impact Work in a highly dynamic environment, responsible to establish goals, objectives and policies.
Perform executive work involving the application of broad principles of professional management and leadership to new problems for which conventional solutions may or may or exist. Responsible for long- range goals, planning, and methodologies; works in an evolving environment with emerging knowledge and technologies, competing priorities, and changing pal to. - PAGE 11 -
IV. FINANCIAL AUTHORITY, TOOLS AND EQUIPMENT, AND PHYSICAL LABOR
FACTORS
SECTION I20: FINANCIAL AUTHORITY
1. Please read each sentence below and select all factors that represent the financial authority your job entails. (Check off that oPPiI )
None/Not Applicable
Handle cash transactions; prepare and process purchase orders.
Bill or reconcile records, including departmental budget records and other related information such as subcontracts.
Manage inventory, property, or loss control.
Administer benefrts by determining individual eligibility and coverage levels or determning compensation levels.
Authorized to purchase goods or services worth more than 5100 without securing approval from another authority or able to make recommendations that impact resource allocation.
Manage or administer budget within assigned department.
Budget or allocatefunds within or across departments or divisions.
SECTION 13.0: TOOL5 AhfO EQUIPMENT
1. Please read each statement below and select all factors that represent the tools or equipment you use to perform your job. (Check ail that appV )
None/Not Applicable
Use office machines such as copiers or calculators.
Use computers for data entry; or handle, use, or repair hand-held power equipment or light machinery_ Use computers for ward processing, spreadsheets, PowerPoim presentations or custom applications.
Use, develop, or repair electron Ka or complex software, hardware, or network systems; operate, install, test Of inspect heavy or complex rnadrnery.
Supervise the activities of those operating or repairng complex machinery or tedmology systems_ Interpretpolicy and establish methods and procedures for acquiring, installing, testing, operating or repaving machinery or technology systems.
Establish policy for the acquisition, n sta Ilation, testing, operation, and maintenance of machinery or technology systems.
Establish long-range plans and programs for mpital improvements, major construction projects, or new technology systems.
- PAGE 12 -
APPENDIX B. SAMPLE JOB CONTENT QUESTIONNAIRE (JCQ)
SECTION 14.0: PHYSICAL O6 FACTORS
Please provide details for the working conditions and physical demands that are required to successfully perform your job.
1. Mich of the following physical conditions and hazards are encountered in your position? (Check aP that apply.) 7 Indoor environment
7 Outdoor environment
7 Noise
7 Extreme temperatures
7 Vibration
• Moisture and/or humidity
7 Dust
• Fumes
7 Gases
❑ Poor ventilation
❑ Electrial hazards
❑ Mechanical hazards
❑ Chemical hazards
❑ Explosive hazards
D Bum hazards
❑ Potential for violence/physical altercations
❑ Other
❑ other
2. How much time is spent doing the fallowing activities in your position? Example: Position requires sitting over 2/3 of the time.
ACnYfiy
Standing
NONE
❑
r'f ' i' ME."
7 UNDER
1/3 TO 2/3
❑
❑
Walling
❑
❑
D
❑
Sitting
❑
❑
❑
7 Gripping or feeling with hands
❑
❑
❑
❑
Reaching wIh hands and anus
❑
❑
❑
7 Climbing or balancing
❑
❑
❑
❑
Stooping, kneeling, crouching, or trawling
❑
❑
❑
7 Talking or hearing
❑
❑
❑
❑
Tasting orsmelling
❑
❑
❑
7 3. Does this job require that weight he lifted? If so, how much and how often? Example: Position requires lifting up to 25 pounds over 2/3 of the time_ PHYSICALREQUIREMENTS:
WEIGHTTLIFTED
NONE
AMOUNT OF
UIIJER1/3
TIME SPENT
113 TO 2/3
OVER2/3
Up to 10 pounds
❑
❑
❑
7 Upto25pounds
U
❑
❑
U
Upto50pounds
❑
❑
❑
7 Up to 104 pounds
❑
❑
D
❑
More than 100 pounds
❑
❑
❑
❑
4. Does this job have any special vision requirements? {C7ieckallMat apply.) No special vision requirements
{lose vision {dear vision at 20 inches or less)
Distance vision {clear vision at 20 feet or more)
Color vision {ability to identify and distinguish colors) Peripheral vision (ability to observe an area that n be seen up or down or to the left and right when vision is fixed on a given point)
Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) Ahil rty to adjust focus (ability to adjust the eye to bring an object into sharp focus) - PAGE 13 -
SUPERVISOR'S COMMENTS
Supervisor Instructions:
Please review your employee's questionnaire carefully and check if you agree or disagree with the employee's choices or statements- Note any additional information that you feel is important to the understanding of this employee's work If you disagree with any of the levels checked or statements made in this q uestion mire we ask that you do not change any response nor ask the employee to change a response. Rather, please indicate your comments on this page- If you need additional room, please add a page and staple it to this questionnaire- Each section roust be reviewed. Failure to review each section thoroughly and to carnpletethis section of the questionnaire will result in a delay in the evaluation process.
Thank you for your time and attention to this process.
SECRON
AGREE
DISAGREE
COMMENTS
LIEI
❑
D
20 D
D
3.D
D
D
CO
D
D
5.D
D
D
6.0 D
D
7.0 D
D
$0
D
D
9.0 D
D
10.0 D
D
LLO
D
o
120
D
D
13.0 D
o
14.0 D
D
Additional Comments:
l certify that have read and reviewed this questionnaire and that t have noted ony odditionolinformation a areas of disagreement to the best of ,ny ability.
Supervisor's Signature: Date:
- PAGE 1r-
Pricing
Proposal
MARCH 11, 2024
Classification Specification and
Compensation Study 2024
City of Placentia,
California
Submitted by:
PATRICK DYER
VICE PRESIDENT
3600 AMERICAN RIVER DRIVE, SUITE 150
SACRAMENTO, CA 95864
888.302.0899
[email protected]
CITY OF PLACENTIA
RFP I CLASSIFICATION SPECIFICATION AND COMPENSATION STUDY 2024 MARCH 11, 2024
Table of Contents
PRICING PROPOSAL 1
" MGT
MGTCONSULTING.COM
ricing Proposal
Defined by Impact. Driven by People.
Dedicated to the Community.
MGT proposes to complete the City's project for a total cost of $106,314 Exhibit 31 details the cost by each work task in our work plan. This includes professional fees and other costs (travel, surveys, postage, etc., as applicable).
Exhibit 1. Proposed Cost by Task
Milestones and Tasks
Professional
Hours
TOTAL ($)
1.0 Conduct Initial Meeting and Finalize Project Details 10 2,351
2.0 Implement a Communications Strategy
28 6,114
3.0 Review Existing Data and the Current Compensation System 10 1,878
4.0 Gather & Evaluate Current Employee Job Data
50 9,018
5.0 Identify Recruitment Market(s) and Conduct Market Survey(s) 48 8,107
6.0 Evaluate and Benchmark Positions
124
20,646
7.0 Update Job Descriptions as Needed
108
16,674
8.0 Conduct Market Review and Develop Compensation System 52 10,406
9.0 Develop Cost Estimates and Implementation Strategies 20 4,225
10.0 Prepare and Submit Draft and Final Reports
26 5,664
11.0 Conduct Project Management Activities
28 7,031
12.0 Provide Post -Study Support
20 4,500
Anticipated Expenses
-
9,700
••••• MGT CITY OF PLACENTIA I ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.
MARCH 11, 2024
PAGE 1
.'.'. MGT
NATIONAL FIRM LOCAL FOCUS
Alabama
Birmingham
Arizona
Phoenix
California
Sacramento
Riverside
Carlsbad
Florida
Tampa HQ
Georgia
Savannah
Atlanta
Alpharetta
Illinois
Chicago Metro
Indiana
Gary
MT
oia174111r��� WY
Michigan
Bay City
New York
NYC
North Carolina
Raleigh
South Carolina
Columbia
Tennessee
Nashville
71311Iiir
41(14,0
SD WI
in
IA PA
OH
MO KY
AR ��•
LA MS � •
Texas
Dallas
Austin
San Antonio
Houston
Utah
Salt Lake City
Virginia
Richmond
Washington, D.C
A/4
a
NH'
MA
CT
4320 West Kennedy Boulevard, Tampa, Florida 33609
888.302.0899 I www.mgtconsulting.com
EXHIBIT B
INSURANCE REQUIREMENTS
13 [MGT]
Rev. 01/2024
EXHIBIT B
INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance
City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.
Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:
1. Commercial General Liability Insurance
Broad -form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
2. Business Automobile Liability Insurance
Business automobile liability for all owned, hired, leased, and non -owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
3. Workers' Compensation and Employer's Liability Insurance Workers' compensation insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for any employee or employees of Consultant. Consultant agrees to waive and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
By signing this Agreement, the Consultant acknowledges and agrees to the following:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake 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.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers' compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section.
4. Standards for Insurance Companies
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission 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.
B. Documentation and Other Provisions
1. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Placentia, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms:
CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
2. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days' written notice to the City. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant's sole cost and expense.
3. The Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy.
4. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
5. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.
6. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
7. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors.
8. Consultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies.
9. Coverage shall be on a standard occurrence form. Claims -made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable.
EXHIBIT C
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
14 [MGT]
Rev. 01/2024
/
A� o® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
E/2M/DD/Y
9/2024
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).
PRODUCER
Alliant Insurance Services, Inc.
32 Old Slip
York NY 10005
License#: 812008
CONTACT
NAME: Jaclyn Grewohl
PHONE FAX
(A/C, No, Ext): 628-502-2831 (A/C, No):
E-MNew
ADDRESS: A [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Hartford Fire Insurance Compan
19682
INSURED MGTCONS-01
TVG-MGT Holdings, LP
MGT of America Consulting, LLC
4320 West Kennedy Blvd
Tampa FL 33609
INSURERB: Trumbull Insurance Company
27120
INSURERC: Hartford Casualty Insurance Co
29424
INSURER D : Houston Specialty Ins Co
12936
INSURER E : Westfield Specialty Insurance
16992
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 461279985
REVISION NUMBER:
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.
INSR
TYPE OF INSURANCE
INSD DDL
NSD
SWUBR
VD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
1000NCG6832
5/12/2024
5/12/2025
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE RETED
PREMISESO(Ea occurrence)
$ 300,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO-
JECT
PER:
LOC
GENERAL AGGREGATE
$2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
10UENCG6748
5/12/2024
5/12/2025
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
Comp/Coll Ded.
$ 1,000
C
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
10XHUDL6029
5/12/2024
5/12/2025
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
DED
X
RETENTION $ 10 000
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N
NIA
10WBAR7J14
5/12/2024
5/12/2025
X
PERTUTE
STA
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
D
E
Professional Liability
Cyber
Tech E&O
MEO-HS-0005133-01
PCE-338465W-01
5/12/2024
5/12/2024
5/12/2025
5/12/2025
Per Claim/Aggregate
Per Claim/Aggregate
Per Claim/Aggregate
$5,000,000
$5,000,000
$6,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Crime/Fidelity Bond: Policy#652517299, Continental Casualty Company, 5/12/2024-5/12/2025 Limit: $3,000,000. Policy includes Employee Theft, ERISA and Client's Property.
City of Placentia is included as Additional Insured with regards to the General Liability as required by written contract subject to the policy terms and conditions.
CERTIFICATE HOLDER
CANCELLATION
Placentia, CA
401 E. Chapman Avenue
Placentia CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 10 UUN CG6832
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or organization
qualifying as a Named Insured under this policy. The
words "we", "us" and "our" refer to the stock
insurance company member of The Hartford
providing this insurance.
The word "insured" means any person or
organization qualifying as such under Section II -
Who Is An Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.
SECTION I - COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property
damage" to which this insurance applies. We
will have the right and duty to defend the
insured against any "suit" seeking those
damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property
damage" to which this insurance does not
apply. We may, at our discretion, investigate
any "occurrence" and settle any claim or "suit"
that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III - Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
Prior to the policy period, no insured listed
under Paragraph 1. of Section II - Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the
"bodily injury" or "property damage" had
occurred, in whole or in part. If such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "property damage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
"property damage" during or after the
policy period will be deemed to have been
known prior to the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section II
- Who Is An Insured or any "employee"
authorized by you to give or receive notice of
an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice And Good
Samaritan Coverage
"Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "employee" or "volunteer
worker" shall be deemed to be caused by an
"occurrence" for:
(3)
HG 00 01 09 16
© 2016 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
(1) Professional health care services such as:
(a) Medical, surgical, dental, laboratory, x-
ray or nursing services or treatment,
advice or instruction, or the related
furnishing of food or beverages;
(b) Any health or therapeutic service,
treatment, advice or instruction; or
(c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or
(2) First aid services, which include:
(a) Cardiopulmonary resuscitation,
whether performed manually or with a
defibrillator; or
(b) Services performed as a Good
Samaritan.
For the purpose of determining the limits of
insurance, any act or omission together with
all related acts or omissions in the furnishing
of these services to any one person will be
considered one "occurrence".
However, this Incidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any of the
services described in this provision.
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the
insured. This exclusion does not apply to
"bodily injury" or "property damage" resulting
from the use of reasonable force to protect
persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contract", provided the
"bodily injury" or "property damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
"insured contract", reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b) Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.
However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
HG 00 01 09 16
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
(a) At or from any premises, site or
location which is or was at any time
owned or occupied by, or rented or
loaned to, any insured. However, this
subparagraph does not apply to:
(i)
"Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building's occupants or
their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional
insured at that premises, site or
location and such premises, site or
location is not and never was
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or
location which is or was at any time
used by or for any insured or others for
the handling, storage, disposal,
processing or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
"pollutants" are brought on or to the
premises, site or location in connection
with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:
(i)
"Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape
from a vehicle part designed to
hold, store or receive them. This
exception does not apply if the
"bodily injury" or "property damage"
arises out of the intentional
discharge, dispersal or release of
the fuels, lubricants or other
operating fluids, or if such fuels,
lubricants or other operating fluids
are brought on or to the premises,
site or location with the intent that
they be discharged, dispersed or
released as part of the operations
being performed by such insured,
contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
HG 00 01 09 16 Page 3 of 21
g.
operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, "pollutants".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in
the absence of such request, demand,
order or statutory or regulatory
requirement, or such claim or "suit" by or
on behalf of a governmental authority.
Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is owned
or operated by or rented or loaned to any
insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a
charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance
or use of aircraft or watercraft;
(5) "Bodily injury" or "property damage"
arising out of:
(a) The operation of machinery or
equipment that is attached to, or part
of, a land vehicle that would qualify
under the definition of "mobile
equipment" if it were not subject to a
compulsory or financial responsibility
law or other motor vehicle insurance
law where it is licensed or principally
garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this exception
does not apply if the insured has any other
insurance for such "bodily injury" or
"property damage", whether the other
insurance is primary, excess, contingent
or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed,
demolition, or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy,
including any costs or expenses incurred
by you, or any other person, organization
or entity, for repair, replacement,
J•
(3)
(4) Personal property in the care, custody or
control of the insured;
That particular part of real property on
which you or any contractors or
subcontractors
working directly or indirectly on your behalf
are performing operations, if the "property
damage" arises out of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III - Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" arising from
the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to borrowed
equipment while not being used to perform
operations at the job site.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the
"products -completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising
out of it or any part of it.
I. Damage To Your Work
"Property damage" to "your work" arising out
of it or any part of it and included in the
"products -completed operations hazard".
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
(5)
enhancement, restoration or maintenance
of such property for any reason, including
prevention of injury to a person or damage
to another's property;
(2) Premises you sell, give away or abandon,
if the "property damage" arises out of any
part of those premises;
Property loaned to you;
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
product" or "your work" after it has been put
to its intended use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Access or Disclosure Of Confidential Or
Personal Information And Data -related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card information, health information or any
other type of nonpublic information; or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.
HG 00 01 09 16
q.
However, unless Paragraph (1) above
applies, this exclusion does not apply to
damages because of "bodily injury".
As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted to
or from computer software, including systems
and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
Employment -Related Practices
"Bodily injury" to:
(1) A person arising out of any "employment -
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any
"employment -related practices" are
directed.
This exclusion applies:
(1) Whether the injury -causing event
described in the definition of "employment -
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
r. Asbestos
(1) "Bodily injury" or "property damage"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
(3)
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
s. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
Damage To Premises Rented To You -
Exception For Damage By Fire, Lightning Or
Explosion
Exclusions c. through h. and j. through n. do not
apply to damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with permission of the owner. A
separate limit of insurance applies to this
coverage as described in Section III - Limits Of
Insurance.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury"
to which this insurance applies. We will have
the right and duty to defend the insured
against any "suit" seeking those damages.
However, we will have no duty to defend the
insured against any "suit" seeking damages
for "personal and advertising injury" to which
this insurance does not apply. We may, at our
discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III - Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
(3)
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense
arising out of your business but only if the
offense was committed in the "coverage
territory" during the policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" arising out of
an offense committed by, at the direction or
with the consent or acquiescence of the
insured with the expectation of inflicting
"personal and advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material, if done by or at the
direction of the insured with knowledge of its
falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material whose first publication
took place before the beginning of the policy
period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages that the insured would
have in the absence of the contract or
agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of a
breach of contract, except an implied contract to
use another's "advertising idea" in your
"advertisement".
g. Quality Or Performance Of Goods - Failure
To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services.
i. Infringement Of Intellectual Property
Rights
(1) "Personal and advertising injury" arising
out of any actual or alleged infringement
or violation of any intellectual property
rights such as copyright, patent,
trademark, trade name, trade secret, trade
dress, service mark or other designation
of origin or authenticity; or
(2) Any injury or damage alleged in any clam
or "suit" that also alleges an infringement
or violation of any intellectual property
right, whether such allegation of
infringement or violation is made by you or
by any other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.
However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:
(1) Infringement, in your "advertisement", of:
(a) Copyright;
(b) Slogan; or
(c) Title of any literary or artistic work; or
(2) Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement".
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed
by an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs a., b. and c. of the definition of
"personal and advertising injury" under the
Definitions Section.
For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
HG 00 01 09 16 Page 7 of 21
insured hosts, owns, or over which the
insured exercises control.
I. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatags, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution -Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
P.
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
Internet Advertisements And Content Of
Others
"Personal and advertising injury" arising out
of:
(1) An "advertisement" for others on your web
site;
(2) Placing a link to a web site of others on
your web site;
(3) Content, including information, sounds,
text, graphics, or images from a web site
of others displayed within a frame or
border on your web site; or
q•
(4) Computer code, software or programming
used to enable:
(a) Your web site; or
(b) The presentation or functionality of an
"advertisement" or other content on
your web site.
Right Of Privacy Created By Statute
"Personal and advertising injury" arising out of
the violation of a person's right of privacy
created by any state or federal act.
However, this exclusion does not apply to
liability for damages that the insured would
have in the absence of such state or federal
act.
r. Violation Of Anti -Trust law
"Personal and advertising injury" arising out of
a violation of any anti-trust law.
s. Securities
"Personal and advertising injury" arising out of
the fluctuation in price or value of any stocks,
bonds or other securities.
t. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
u. Employment -Related Practices
"Personal and advertising injury" to:
(1) A person arising out of any "employment -
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal and advertising injury" to that
person at whom any "employment -related
practices" are directed.
(3)
This exclusion applies:
(1) Whether the injury -causing event
described in the definition of "employment -
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
v. Asbestos
(1) "Personal and advertising injury" arising
out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
w. Access Or Disclosure Of Confidential Or
Personal Information
"Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of any access to or disclosure of
any person's or organization's confidential or
personal information.
COVERAGE C MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported
to us within three years of the date of the
accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury" are
payable or must be provided under a workers'
compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports, or athletic
contests.
HG 00 01 09 16
f. Products -Completed Operations Hazard
Included within the "products -completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS - COVERAGES
A AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $1,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
We do not have to furnish these bonds.
c. The cost of appeal bonds or bonds to release
attachments, but only for bond amounts
within the applicable limit of insurance. We do
not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $500 a
day because of time off from work.
e. All court costs taxed against the insured in
the "suit". However, such costs do not
include attorneys' fees, attorneys' expenses,
witness or expert fees, or any other expenses
of a party taxed to the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a
party to the "suit", we will defend that indemnitee
if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
g.
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the
information we know about the "occurrence"
are such that no conflict appears to exist
between the interests of the insured and the
interests of the indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend
the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose
coverage is available to the
indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable
insurance available to the indemnitee;
and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph
2.b.(2) of Section I - Coverage A - Bodily Injury
And Property Damage Liability, such payments
will not be deemed to be damages for "bodily
injury" and "property damage" and will not reduce
the limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds, but
only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are
an insured. Your "executive officers" and
directors are insureds, but only with respect to
their duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you are
an organization other than a partnership, joint
venture or limited liability company) or your
managers (if you are a limited liability
company), but only for acts within the scope
of their employment by you or while
performing duties related to the conduct of
your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other "volunteer
workers" while performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent, brother or
sister of that co -"employee" or that
"volunteer worker" as a consequence
of Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described in Paragraphs
(1)(a) or (1)(b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
If you are not in the business of providing
professional health care services:
(a) Subparagraphs (1)(a), (1)(b) and (1)(c)
above do not apply to any "employee"
or "volunteer worker" providing first aid
services; and
(b) Subparagraph (1)(d) above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you
are a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Legal Representative If You Die
Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity of
which you own a financial interest of more
than 50% of the voting stock on the effective
date of the Coverage Part.
HG 00 01 09 16 Page 11 of 21
The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
financial interest of more than 50% of the voting
stock, will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy
period, whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
4. Nonowned Watercraft
With respect to watercraft you do not own that is
less than 51 feet long and is not being used to
carry persons for a charge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the watercraft, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this provision.
5. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execution of the contract or agreement.
A person or organization is an additional insured
under this provision only for that period of time
required by the contract or agreement.
However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded the vendor is
subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption
of liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the vendor
would have in the absence of the
contract or agreement;
(b) Any express warranty unauthorized by
you;
(c) Any physical or chemical change in the
product made intentionally by the
vendor;
(d) Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
Demonstration, installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
(f)
(g)
(h) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in Sub-
paragraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.
b. Lessors Of Equipment
(1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
(2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
c. Lessors Of Land Or Premises
Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.
With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after
you cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or surveyor, but only
with respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in part,
by your acts or omissions or the acts or
omissions of those acting on your behalf:
(1) In connection with your premises; or
(2) In the performance of your ongoing
operations performed by you or on your
behalf.
With respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertising injury" arising out of the rendering
of or the failure to render any professional
services by or for you, including:
1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the state
or municipality; or
(2) "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".
f. Any Other Party
Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, but only with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations;
HG 00 01 09 16
(2) In connection with your premises owned
by or rented to you; or
(3) In connection with "your work" and
included within the "products -completed
operations hazard", but only if
(a) The written contract or agreement
requires you to provide such coverage
to such additional insured; and
(b) This Coverage Part provides coverage
for "bodily injury" or "property damage"
included within the "products -
completed operations hazard".
However:
(1) The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
(2) If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional insured.
With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
The limits of insurance that apply to additional
insureds is described in Section III - Limits Of
Insurance.
How this insurance applies when other insurance
is available to the additional insured is described
in the Other Insurance Condition in Section IV -
Commercial General Liability Conditions.
No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION III - LIMITS OF INSURANCE
1. The Most We WiII Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most we
will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "products -
completed operations hazard"; and
c. Damages under Coverage B.
3. Products -Completed Operations Aggregate
Limit
The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "products -
completed operations hazard".
4. Personal And Advertising Injury Limit
Subject to 2. above, the Personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
6. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
HG 00 01 09 16
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury"
sustained by any one person.
8. How Limits Apply To Additional Insureds
If you have agreed in a written contract or written
agreement that another person or organization
be added as an additional insured on your policy,
the most we will pay on behalf of such additional
insured is the lesser of:
a. The limits of insurance specified in the written
contract or written agreement; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to Limits of Insurance shown in the
Declarations and described in this Section.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declarations, unless the policy period
is extended after issuance for an additional period of
less than 12 months. In that case, the additional
period will be deemed part of the last preceding
period for purposes of determining the Limits of
Insurance.
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it
that we are notified as soon as practicable of
an "occurrence" or an offense which may
result in a claim. To the extent possible,
notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. Notice Of Claim
If a claim is made or "suit" is brought against
any insured, you or any additional insured
must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional insured must see to it
that we receive written notice of the claim or
"suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered by
other insurance available to an additional
insured, such additional insured must submit
such claim or "suit" to the other insurer for
defense and indemnity.
However, this provision does not apply to the
extent that you have agreed in a written
contract or written agreement that this
insurance is primary and non-contributory
with the additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to any
additional insured only when such
"occurrence", offense, claim or "suit" is known
to:
(1) You or any additional insured that is an
individual;
(2) Any partner, if you or the additional
insured is a partnership;
HG 00 01 09 16
(3) Any manager, if you or the additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or the additional insured is
a corporation;
(5) Any trustee, if you or the additional
insured is a trust; or
(6) Any elected or appointed official, if you or
the additional insured is a political
subdivision or public entity.
This duty applies separately to you and any
additional insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
4. Other Insurance
If other valid and collectible insurance is
available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's
Risk, Installation Risk or similar coverage
for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission of the owner;
(3)
Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented to
you or temporarily occupied by you with
permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or
use of aircraft, "autos" or watercraft to the
extent not subject to Exclusion g. of
Section I - Coverage A - Bodily Injury And
Property Damage Liability;
Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property damage"
to borrowed equipment or the use of
elevators to the extent not subject to
Exclusion j. of Section I - Coverage A -
Bodily Injury And Property Damage
Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance available to you
covering liability for damages arising out
of the premises or operations, or products
and completed operations, for which you
have been added as an additional insured
by that insurance; or
When You Add Others As An
Additional Insured To This Insurance
(5)
(7)
Any other insurance available to an
additional insured.
However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage part.
(a) Primary Insurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that
other insurance by the method
described in c. below.
(b) Primary And Non -Contributory To
Other Insurance When Required By
Contract
If you have agreed in a written
contract, written agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an additional
insured.
When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -insured
amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such
times as we may request.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations are
accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured,
this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to
impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of
recovery against any person or organization
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such person or
organization in a contract, agreement or
permit that was executed prior to the injury or
damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
HG 00 01 09 16 Page 17 of 21
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be
sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that has
the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.
However, "advertisement" does not include:
a. The design, printed material, information or
images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course of
travel or transportation between any places
included in a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in a. above;
(2) The activities of a person whose home is
in the territory described in a. above, but is
away for a short time on your business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and possessions),
Puerto Rico or Canada, in a "suit" on the merits
according to the substantive law in such territory or
in a settlement we agree to.
7. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
8. "Employment -Related Practices" means:
a. Refusal to employ that person;
b. Termination of that person's employment; or
c. Employment -related practices, policies, acts
or omissions, such as coercion, demotion,
evaluation, reassignment, discipline,
defamation, harassment, humiliation,
discrimination or malicious prosecution
directed at that person.
9. "Executive officer" means a person holding any
of the officer positions created by your charter,
constitution, by-laws or any other similar
governing document.
10."Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work", or your fulfilling the
terms of the contract or agreement.
12."Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire, lightning or
explosion to premises while rented to you or
temporarily occupied by you with permission
of the owner is subject to the Damage to
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Premises Rented To You Limit described in
Section III - Limits of Insurance;
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license agreement
in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf. Tort
liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f. includes that part of any contract
or agreement that indemnifies a railroad for
"bodily injury" or "property damage" arising
out of construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle, tracks,
road -beds, tunnel, underpass or crossing.
However, Paragraph f. does not include that
part of any contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or damage;
or
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (1) above and supervisory, inspection,
architectural or engineering activities.
13."Leased worker" means a person leased to you
by a labor leasing firm under an agreement
between you and the labor leasing firm, to
perform duties related to the conduct of your
business. "Leased worker" does not include a
"temporary worker".
14."Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
15."Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers or
rollers;
e. Vehicles not described in a., b., c. or d. above
that are not self-propelled and are maintained
primarily to provide mobility to permanently
attached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
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(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, "mobile equipment" does not include
any land vehicle that is subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".
16."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
17."Personal and advertising injury" means
injury, including consequential "bodily injury",
arising out of one or more of the following
offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods, products or
services;
e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;
f. Copying, in your "advertisement", a person's
or organization's "advertising idea" or style of
"advertisement"; or
Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement".
18."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
19."Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product"
or "your work" except:
(1) Products that are still in your physical
possession; or
g.
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than
one job site.
(c) When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or
subcontractor working on the same
project.
Work that may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the "loading or unloading" of that vehicle
by any insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which the
classification, listed in the Declarations or
in a policy Schedule, states that products -
completed operations are subject to the
General Aggregate Limit.
20. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it;
or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the
"occurrence" that caused it.
As used in this definition, computerized or
electronically stored data, programs or software
are not tangible property. Electronic data means
information, facts or programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;
computer software, including systems and
applications software, hard or floppy disks, CD -