HomeMy WebLinkAboutRes2019-046 Sponsored by: Regis
CITY OF SEWARD, ALASKA
RESOLUTION 2019-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH GovHR USA FOR AN AMOUNT NOT TO EXCEED
$45,000 TO REVIEW THE CITY OF SEWARD CLASSIFICATION AND
COMPENSATION PLAN, AND APPROPRIATING FUNDS
WHEREAS, Seward City Code §3.10 describes the City's Position Classification plan;
and
WHEREAS, SCC §3.10.020 states "the classification plan is an administrative tool that
provides a system of standardized titles and common job language and is critical to the effective
administration of personnel activities such as:
1. workforce planning and budgeting,
2. establishing job performance standards,
3. establishing fair and equitable pay,
4. developing training programs,
5. developing valid selection and recruitment programs,
6. establishing appropriate career lines."; and
WHEREAS, SCC §3.10.025 provides for the development and administration of the
classification plan by the City Manager; and
WHEREAS, SCC §3.10.025(2) provides that "the City Manager shall periodically
review the entire classification plan or any part thereof at his/her own initiative or at the
reasonable request of a department head or group of employees; provided, however, that such a
review shall be conducted at least every three years. The purpose of the review shall be:
1. to ascertain whether or not the plan accurately reflects existing conditions;
2. to determine the accuracy of class specifications;
3. to assure that positions are properly classified."; and
WHEREAS, the last major review of the classification and compensation plan by an
outside consultant was in 2001; and
WHEREAS, it is recommended that the City contract to have a professional consultant
review and update the City's Classification and Compensation Plan; and
WHEREAS, the City received two (2) competitive proposals in congruence with the
specifications outlined in the Request for Proposals (RFP); and
WHEREAS, a scoring team consisting of the Acting City Manager, Personnel Officer,
Seward Public Employees Association (SPEA) President, SPEA Vice President, and the Union
CITY OF SEWARD,ALASKA
RESOLUTION 2019-046
Local International Brotherhood of Electrical Workers (IBEW) Shop Steward, scored the
proposals based on the scoring criteria set forth in the RFP;and
WHEREAS, out of 100 points possible, GovHR USA received 85 points, and Trest
Benefit Solutions, LLC received 72 points; and
WHEREAS, GovHR USA, of Northbrook, IL, has done classification and compensation
plan studies for other municipalities, has done other consulting work for the City of Seward City
Manager Recruitment, and is qualified to conduct the City's review of its Classification and
Compensation Plan; and
WHEREAS,the General Fund will fund the majority of this contracted service based on
the number of employees that operate within the General Fund; and
WHEREAS, Enterprise Funds will fund their portion of the study based on the number
of employees within their department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The Seward City Council finds it is in the public's best interest to enter into a
professional services agreement with GovHR USA to conduct a classification and compensation
plan study.
Section 2. The City manager is hereby authorized to enter into a contract with GovHR
USA for an amount not to exceed $45,000 to review the City of Seward Classification and
Compensation Plan.
•
Section 3. Funding for this contract is as follows: $32,850 from the General Fund
reserves account no. 01000-0000-3400 to contracted services account no. 01000-1180-7009;
$4,950 from the Electric Department reserves account no. 15000-0000-3400 to contracted
services account no. 15000-3000-7009; $5,400 from the Harbor Department reserves account no.
11000-0000-3400 to contracted service account no. 11000-2000-7009; $900 from the Water
Department reserves account no. 17000-0000-3400 to the contracted services account no. 17000-
4000-7009; and, $900 from the Sewer Department reserves account no. 18000-0000-3400 to
contracted services account no. 18000-4500-7009.
Section 4.This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
24th day of April,2019.
CITY OF SEWARD, ALASKA
RESOLUTION 2019-046
THE CITY OF SEWARD, ALASKA
David Squires, May r
AYES: Seese, Towsley, Lane, Osenga, McClure, Squires
NOES: None
ABSENT: Horn
ABSTAIN: None
ATTEST:
A.
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Brenda J. Balls (, MMC
City Clerk
(City Seal)..•• OFSF
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Agenda Statement
Meeting Date: April 24, 2019
'ro: City Council
From: Norm Regis, Acting City Manager
Agenda Item: Wage and Classification Study contract
BACKGROtTN'D & J U STI FI CATION:
On March 11, 2019 the City Council passed and approved Resolution 2019-027 authorizing the
City Manager to enter into a contract with the Seward Public Employee Association (SPEA) for
the Purpose of employee representation. Included in Resolution 2019-027 was a provision that the
City agreed to conduct a wage study of all City Employees and upon completion of the study,
contract negotiations will reopen.
Historically,the City has periodically reviewed the entire classification plan via professional firms.
The last such comprehensive analysis was completed by Woods and Associates for $30,000 in
2001, approved via Resolution 2001-013. Prior to 2001, the last major review by a professional
consultant was in 1984.
Under the direction of Interim City Manager Jeff Bridges, a request for proposals was issued on
February 22, 2019 with competitive bids due and opened on March 8, 2019. Of the two bids
received, GovlIR TJSA was successfully selected after review on April 1, 2019 by two members
of administration, two SPEA officers and one representative from the International Brotherhood
of Electrical Workers (fBEW).
For completion of the project, (3ov1IR USA has proposed a total cost of $45,000; $37,000 for
professional fees and $8,000 for expenses. The total project time is expected to take 15 weeks.
Govf-IR is a public management consulting firm serving municipal clients and other public sector
entities on a national basis. They are currently contracted with the City of Seward for the purpose
of conducting the ongoing City Manager recruitment process.
INTENT: To authorize the City Manager to enter into a contract with GovHR, tJSA to complete
a Classification and Compensation Study,
CONSISTENCY CIIECKLIST: Yes No N/A
I Comprehensive Plan(document source here) X
Strategic Plan (docurnent source here):
-ovide quality leadership and X
2 The mission of the City of Seward is to pi
economic Nvellbeing of its citizens
106
---- -
3 Other: Seward City Code 3.15 - Salary Administration X
FISCAL NOTE:
There are sufficient funds within the General Fund, Electric, Harbor, Water and the Sewer
Enterprise Fund reserve accounts to pay for this contract based on the number of employees
represented in each department.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Approve Resolution 2019-046 authorizing the City Manager to enter into a contract with GovHR
USA for the purpose of completing a Classification and Compensation Study.
107
USA
CONTRACT
BETWEEN THE CITY OF SEWARD ALASKA AND C;OVHR USA LLC
FOR A COMPENSATION POSITION CLASSIFICATION AND LEAVE STUDY
The City of Seward, Alaska agrees to have CovHR USA, LL.0 conduct a Compensation, Position
Classification and Leave Study as outlined in the City's Request for Proposal (RFP) and CovHR'S Proposal
dated March 4, 2010. The terms of the RFP and GovHR's Proposal are Incorporated herein and shall
become a part of this contract.
Total Project Cost: $45,000 ($37,000 for professional fees and $5,000 for expenses).
Payment Terms: Professional fees will be Invoiced as follows: 40%of the professional fees ($14,800) will
be dine at the time the contract is signed; 40% ($14,800) will be due approximately 10 weeks after the
project begins, upon the delivery of the preliminary findings; and the remaining 20% ($7,400) plus
expenses will be billed after the Study is completed. Invoices will be sent to the City and are payable
within 30 days of receipt, after which a 2% monthly interest charge will accrue.
1. CONTRACT
1.1 Contractor shall comply with all laws and ordinances legally enacted at the date of
execution of the Agreement which govern proper performance of the Work.
1.2 SUBCONTRACTORS. Subcontractors will not be used without prior approval by the City.
1.3 COMMENCEMENT. The Work shall commence upon the date of receipt of a written
Notice to Proceed by the Contractor.
1.4 CONTRACT TERM, The term of this Agreement shall be until completed or otherwise
legally terminated. The expected cornpletion date is----. Time is of the essence in this
agreement.
1.5 CHANGE ORDERS. Changes in the Work which are within the general scope of this
Agreement will be accomplished by Change Order, signed by both City and Contractor and stating the
change and any adjustment in Task Order Price,Task Order Completion Date, and/or date of Substantial
Completion,
1.6 INDEMNITY. Contractor shall indemnify, defend, and hold harmless the City from and
against any claim of, or liability for, negligent acts, errors, and omissions of Contractor under this
Agreement. Contractor is not required to indemnify, defend, or hold harmless the City for a claim of, or
liability for, the independent negligent acts, errors, and omissions of the City. if there is a claim of, or
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liability for, a joint negligent act, error, or omission of Contractor and the City, the indemnification,
defense, and held harmless obligation of this provision shall be apportioned on a comparative fault
basis. In this provision, "'Contractor" and "City" include the employees, agents, and contractors who are
directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and
omissions" rneans negligence Other than in the City's selection, administration, monitoring, or
controlling of Contractor, or in approving or accepting Contractor's work.
1.7 CONTRACTOR'S INSURANCE
1.7.1 Contractor will provide evidence of insurance with a carrier or carriers
satisfactory to City covering injury to persons and/or property suffered by City or a third party as a result
of operations by Contractor which arise both out of and during the course of this Agreement. This
coverage will also provide protection against injuries to all employees of Contractor engaged in Work
under this Agreement. The delivery to City of a written thirty (30)-day notice is required before
cancellation of any coverage or reduction in any limits of liability.
1.7.2 Contractor will maintain in force at all times during the performance of Work
under this Agreement the following policies of insurance. Failure to maintain insurance may, at the
option of City, be deemed Defective Work and remedied in accordance with the Contract Documents.
Where specific limits and coverage are shown, it is understood that they will be the minimum
acceptable. The requirements of this Paragraph will not limit the Contractor's responsibility to
indemnify under Paragraph 1.6.
A. Comprehensive or Commercial General Liability Insurance: Contractor
will provide and maintain either Comprehensive or Commercial General Liability Insurance to cover all
operations by or on behalf of Contractor, and provide insurance for bodily injury and property damage
liability, including coverage for premises and operations, products and completed operations, and
personal injury liability, The minimum limits of liability will be:
(1) If Contractor carries a Comprehensive General Liability policy,
the limits of liability will not be less than a Combined Single Limit for bodily injury, property damage and
Personal Injury Liability of$1,000,000 each occurrence/$1,000,000 aggregate.
( ) If Contractor carries a Cormercial General Liability policy, the
limits of liability will not be less than $1,000,000 each occurrence (Combined Single Limit for bodily
injury and property damage), $1,000,000 for Personal Injury Liability, $1,000,000 aggregate for
Products-Completed Operations, and $1,000,000 general aggregate.
B3 Professional Liability Insurance: Contractor will provide and maintain
professional liability insurance for claims arising from negligent performance of professional services
under this Agreement and shall be written for not less than $2,000,000 per claim/$2,000,000 aggregate,
with such insurance maintained for a minimum of three years after the date of Task Order Completion.
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C. Workers` Compensation Insurance: Contractor will provide and
maintain, for all employees of Contractor engaged in work under this Agreement, Workers"
Compensation insurance as required by AS 23.30.045, to include Employer's Liability Protection in the
amount of$1,000,000 per person/$.1,000,000 per Occurrence.
D. Automobile Liability Insurance: Contractor will provide and maintain
for all owned, hired and non-owned vehicles coverage in limits not less than the following: $1,000,000
each occurrence (Combined Single Limit for bodily injury and property damage).
1.7.3 Certificates of Insurance acceptable to City will be filed with City. Certificates
for all coverage will be provided before commencement of the Work. Each Certificate of Insurance will
contain the following statement: "This is to certify that the policies described herein comply with all
aspects of the insurance requirements of (Contract Name and Project Number)." Acceptance by City of
a deficient Certificate of Insurance does not constitute a waiver of any requirement of insurance in the.
Contract Documents.
A. Contractor's insurance will be endorsed to provide that the insurers
and underwriters on all policies waive their right of subrogation against City. Except for workers'
compensation coverage described at 1.7.2(C), City will be named additional insured on all policies.
1..8 SURVIVAL. Contractor's insurance and indernnity obligations hereunder will survive termination
of this Agreement,
1.9 WAIVER OF SUBROGATION
1.9.1 Contractor and City waive all rights against each other, and any of their
respective employees, agents, consultants, and Subcontractors, for damages caused by risks covered by
insurance provided in Paragraph 1.7.2 to the extent they are covered by that insurance, except such
rights as they may have to the proceeds of such insurance held by Contractor or City as trustees.
Contractor shall require similar waivers from any and all Contractors, and shall require each of them to
include similar waivers in their subcontracts and consulting agreements.
1.9.2 If the policies of insurance referred to in this Paragraph require an
endorsement to provide for continued coverage where there is a waiver of subrogation, the holder of
such policies will cause them to be so endorsed.
. OWNERSHIP OF DATA
Upon final payment or termination of this Agreement, Contractor and City own the property rights,
except for copyrights, of all documents, electronic data and information prepared, provided or procured
by Contractor or its Subcontractors and distributed to City for this Project and shall have the right to use,
reproduce and make derivative works of the data.
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3. DISPUTE RESOLUTION.
If a dispute arises out of or relates to this Agreement or its breach, the parties skull endeavor to settle
the dispute first through direct discussions. If the dispute cannot be settled through direct discussions,
any actions arising under this Agreement shall be instituted at the Superior Court for the State of Alaska
at Anchorage. This Agreement shall be governed by and construed in accordance with the laws of the
State of Alaska. No clairn, dispute, or controversy shall interfere with the progress and performance of
Work required under this Agreement, and Contractor shall proceed as directed by City in all instances
with its Work.
4. MISCELLANEOUS PROVISIONS
4.1 INTEGRATION. The Contract Documents represent the entire and integrated
Agreement between the parties, and supersede prior negotiations, representations, or agreements,
either written or oral, The Contract Documents may be amended or modified only by the procedure set
forth herein.
4.2. INTFRPRFTATiON. The rule of construction that terms of an agreement are construed
against the party that drafted the agreement shall not apply to this Agreement.
4.3 INDEPENDENT CONTRACTOR. Contractor acts as an independent contractor to City and
is not an agent, partner, or in a joint venture with the City in the performance of this Agreement.
Contractor shall exercise exclusive control for the paeans, methods, techniques, and procedures in
performance of the Work.
4.4 ASSIGNMENT. Neither City nor Contractor shall assign their interest in this Agreement
without the written consent of the other except as to the assignment of proceeds.
4.5 SEVERARILITY. The partial or complete invalidity of any one or more provisions of this
Agreement shall not affect the validity or continuing force and effect of any other provision.
4.6 COUNTERPARTS. This Agreement may be simultaneously executed in several
counterparts, each of which will be an original and all of which will constitute but one and the same
instrument.
4.7 TITLES. The titles given to the Articles and Paragraphs of this Agreement are for ease of
reference only, and shall not be relied upon or cited for any other purpose.
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ACCEPTED:
THE CITY OF SEWARD, ALASKA
BY:
TITLE:
GATE:
GovHR USA, LLC
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GATE: , � ..... __
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