Attachment B
Atty. Rev. 2021
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on May 7, 2025 , by and between MGT Impact Solutions, LLC , a Florida L imited Liability Company (“Contractor”) and the City of Santa Maria , a California Municipal Corporation and charter city (“Cit y”), in Santa Maria, California, based on the following recitals:
1. The City desires to retain a qualified firm to provide a Comprehensive Classification and Compensation Study.
2. The Consultant has extensive experience successfully performing public sector classification and compensation studies throughout the United States.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is one year, beginning on the date first written above. This contract may be extended by mutual consent of the parties.
This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing consulting services. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”
2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City.
The City is no t required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approv ed by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated Attachment B
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investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not l imited by the provisions of the Section relating to insurance
4. Miscellaneous
4.01. Notices. All communication relating to the day -to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR , listed below . All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
Attn.Graciela Reynoso, Chief HR Officer Attn: Sheena Horton City of Santa Maria MGT Impact Solutions
110 East Cook Street, Room 4320 West Kennedy Boulevard
Santa Maria, CA 93454 Tampa, FL 33609
(805) 925-0951 Extension 2398 (850) 296-7143
If the designated Representative or address of either party changes during the term of this agreement, a writ ten notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
Any notices related to the contract shall be sent to the
To City: To Contractor:
Attn.Graciela Reynoso, Chief HR Officer Attn: Contracts Department City of Santa Maria MGT Impact Solutions 110 East Cook Street, Room 4320 West Kennedy Boulevard Santa Maria, CA 93454 Tampa, FL 33609 (805) 925-0951 Extension 2398 (850) 296-7143 [email protected] [email protected]
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
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4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 Prevailing Wage. Prevailing Wage. If applicable, Contractor and all subContractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Indus trial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specifi ed are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF , this agreement is executed by the parties on the date first written above.
MGT Impact Solutions, LLC
___________________________
A. TREY TRAVIESA
Chief Executive Officer
CITY OF SANTA MARIA, a political
subdivision of the State of
California
DAVID W. ROWLANDS
City Manager
ATTEST:
__________________________
DONNA G. SCHWARTZ, CMC
Chief Deputy City Clerk
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APPROVED AS TO FORM
City Attorney
Risk Manager
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EXHIBIT “A”
1. 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 key desired outcomes.
Identify key stakeholders and degree of involvement and communications. 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 Provide an updated and finalized work plan, timeline, and deliverables list to the Project Officer.
2. IMPLEMENT A COMMUNICATIONS STRATEGY
OBJECTIVE(S) PROJECT DELIVERABLE(S)
To establish a communications strategy
for key stakeholders to introduce the
study and provide information regarding
study goals and objectives at the
Study Announcement template
Customized Frequently Asked Questions
(FAQ) document.
Virtual orientation presentation, if desired.
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beginning of the process.
To provide supplemental materials to
support communications with staff.
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.
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 who 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.
2.3 Identify any critical issues and resolve and/or prepare a strategy for addressing critical issues.
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.
3. REVIEW EXISTING DATA AND THE CURRENT 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 Note initial observations and potential issues to be resolved.
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4. DISCUSS AND DEVELOP A COMPENSATION PHILOSOPHY
OBJECTIVE(S) PROJECT DELIVERABLE(S)
To hold discussion sessions with key
stakeholders to discuss and identify
compensation goals.
To develop, in collaboration with the City,
a Compensation Philosophy statement.
Philosophy development virtual sessions.
Compensation Philosophy Statement.
Work Activities:
4.1 In collaboration with the Project Officer, identify and confirm which key stakeholders need to be included in the Compensation Philosophy statement development sessions.
4.2 Schedule initial Compensation Philosophy development session with identified stakeholders to discuss the purpose of developing a Compensation Philosophy statement and to detail key steps in the process, including key considerations and questions to guide the process.
4.3 Hold and facilitate Compensation Philosophy discussion session(s) to determine the City’s key compensation goals, to discuss objectives of the statement and what will be included and excluded, and to review the organization’s mission and vision to reaffirm Compensation Philosophy ideals.
4.4 Draft a sample Compensation Philosophy statement and work in tandem with key stakeholders to refine the statement.
Complete revisions as needed and submit the final draft of the Compensation Philosophy Statement to the City.
5. 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
5.1 Determine, in collaboration with the Project Officer, survey needs relative to supervisor input and updated job data collection.
5.2 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 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.
5.3 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 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 Attachment B
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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.
5.4 Provide regular status updates on survey progress to the Project Officer.
5.5 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.
5.6 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.
6. 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 sample 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
6.1 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 for a sample of the City’s positions.
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. This data source may be utilized to address gaps in peer data responses from the Custom Market Survey and to provide additional data verification for gathered market survey data.
Additional market survey data provided by the City.
6.2 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 up to eight comparison agencies, as well as those agencies designated by the City for the Park Services Officer Series and Utilities / Landfill positions 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.).
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6.3 Review and select an appropriate sample of the City’s positions (up to 50% of those included in the study’s scope, as appropriate) to benchmark to the data collected through MGT’s Custom Market Survey. The sample 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. Be directly affected by the selected comparable organizations relative to recruitment and retention challenges (i.e., identified as hard-to-recruit or highly competitive positions).
6.4 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. Survey will include gathering pay, benefits, and policy data.
6.5 Compile and analyze Custom Markey Survey data.
7. VALUATE 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
7.1 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.
7.2 Review and discuss the draft recommendations regarding position titles and FLSA statuses with the Project Officer.
7.3 Share and discuss the selected benchmarks with the Project Officer, addressing any questions or outliers, and making any remaining benchmark modifications.
8. UPDATE JOB DESCRIPTIONS AS NEEDED
OBJECTIVE(S) PROJECT DELIVERABLE(S)
To review and update job
descriptions, as needed, in an
agreed upon format.
A set of updated job descriptions.
Work Activities
8.1 Review and develop an updated draft job description format, if desired. All job descriptions will be updated in Microsoft Word format.
8.2 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).
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8.3 Update job descriptions and submit copies to the Project Officer. 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.
9. DEVELOP JOB FAMILIES, ASSIGN POSITIONS, AND PROVIDE GUIDE
OBJECTIVE(S) PROJECT DELIVERABLE(S)
To inventory current position roles and identify job family categories.
To develop and define job family categories and assign positions to appropriate categories.
To create and provide a Job Family Guide that includes an overview of the assignment process, job family
profiles, and position assignments.
Job Family
categories and
definitions.
Job Family
assignments for
positions included
in the study.
Job Family Guide.
Work Activities:
Discuss the key objectives for job family creation with the City’s Project Officer. Review current job data to compile a comprehensive list of all job roles and share with the Project Officer to confirm the list is exhaustive of all the City’s positions. Review and group positions that have similar functions, responsibilities, and skill requirements. In collaboration with the Project Officer, determine appropriate criteria for categorizing positions into job families, such as skill sets, education, experience, reporting structure, and job function. Create draft Job Family profiles that detail typical responsibilities, required skills, and potential career paths and share with the Project Officer for review and discussion. Refine and finalize Job Family categories.
Review and assign positions to job families as appropriate and share with the Project Officer for review and make any needed adjustments to assignments.
Prepare a Job Family Guide that includes an overview of the job family development and assignment process, job family profiles, and position job family assignments.
10. CONDUCT MARKET REVIEW AND DEVELOP COMPENSATION
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
10.1 Review and compare the selected benchmark data for the given positions against the current pay plan to determine appropriate plan adjustments.
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10.2 Confirm with the Project Officer and other appropriate staff the desired characteristics of the City’s updated compensation and classification system.
10.3 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). 10.4 Assign positions to the pay plan model and review position placements and hierarchies with the Project Officer and finalize.
11. GATHER DATA AND CONDUCT BENEFITS COMPARISONS
OBJECTIVE(S) PROJECT DELIVERABLE(S)
To obtain current benefits information
and review current state.
To conduct a market survey data
collection of benefits information from
comparable peer/competitor
organizations.
To conduct benefits comparisons to the
City’s benefits.
To summarize data findings and provide
recommendations for enhancing current
benefit offerings.
Review of current benefits.
Peer benefits data collection.
Benefits comparisons.
Benefits recommendations.
Work Activities:
Gather current benefits data from the City for review and to clarify any questions about the data with the Project Officer.
Identify, in collaboration with the Project Officer, comparable peer/competitor organizations to include in the Custom Market Survey and gather contact information. Prepare and administer the Custom Market Survey to gather benefits information, including conducting online market research and outreach to non-responsive organizations. Provide survey status updates to the Project Officer. Clean and summarize the benefits data collected and conduct data comparisons. Develop and share recommendations with the Project Officer. Prepare a draft benefits review report chapter
12. 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
Cost projections.
Phase-in options.
Implementation guidance.
HR staff training on files.
Communication of study results.
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results of the classification and
compensation study to key
stakeholders.
Work Activities
12.1 Integrate employee and position data into compensation and implementation reports.
12.2 Identify the financial impact of the revised compensation system, including phase-in options.
12.3 Review the draft compensation system and financial impact with the Project Officer and other appropriate staff.
12.4 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.
12.5 Provide HR staff with any remaining and needed training on the updated system and study files to support implementation.
12.6 Communicate study results to the City’s designated leadership, including staff and administration, as desired. This may include a Study Results Summary handout and/or a Final Presentation, if desired.
13. 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
13.1 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.
13.2 Develop and provide a Draft Report to the Project Officer for review and feedback.
13.3 Complete revisions, if any and as appropriate, and prepare and provide the Final Reports. 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. 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.
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14. 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
14.1 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.
14.2 Identify and address any critical issues during the study and keep the Project Officer apprised of any concerns requiring their input or key decisions.
14.3 Maintain contact with identified stakeholder groups, as appropriate.
15. 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 three months
post-study up to 40
hours. (MGT
maintains ongoing
relationships with all
clients.)
Work Activities
15.1 Provide consultation to HR on the maintenance and administration of the system.
15.2 Follow up with the City’s key staff to address any questions related to system implementation.
15.3 Provide refresher training to HR staff on the study’s files, which includes file content orientation and guidance on formula calculations.
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EXHIBIT “B”
PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not - toexceed cost of Two Hundred Thirty-Seven Thousand Nine Hundred Nine Dollars ($237,909) in fees for all work.
II. Invoice procedure.
A. Payment shall be monthly of the work based on the billable charges.
B. The Consultant shall present the bill for charges from the previous month.
C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
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D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.
III. Rates shall be billed according to Consultant’s attached fee schedule, up to the not - to-exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City.
IV. If Consultant’s response to the City’s RFP or RFQ is attached, all terms other than those concerning the Consultant’s billing rates are null and void.
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EXHIBIT “C”
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insu rance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
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1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability - $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of abili ty to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, 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, its officers, officials, employees a nd volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
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3. Each insurance policy required by this clause shal l be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement.
Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subroga tion which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy l anguage effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
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The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.