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HomeMy WebLinkAboutItem No. 10 Classification an Comp Study FY 19-20Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-240 Agenda Date: 7/9/2019 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council / Successor Agency Agenda Number: 10) Page 1 City of Lake Elsinore Printed on 7/3/2019 To: From: Prepared by: Date: Subject: REPORT TO CITY COUNCIL Honorable Mayor and Members of the City Council Grant Yates, City Manager Jennifer Avina, Human Resources Analyst July 9, 2019 Selection of Firm to Conduct a Classification and Compensation Study During Fiscal Year 2019-20 Recommendation Authorize the City Manager to enter into a professional services agreement with Warren Rutherford DBA The Executive Suite, to conduct a classification and compensation study in accordance with the fee and terms in the Request for Proposal (RFP) and in the firm' s proposal. Background On Tuesday, April 9, 2019, the City sent out a Request for Proposal (RFP) for a classification and compensation study to xx firms using Bids Online from Planet Bids, the City’s online bidding/RFP service. Two proposals were received by the deadline date of Thursday, May 9, 2019. These two proposals are attached. Discussion The proposals were reviewed and evaluated by Human Resources. Both firms met the qualification requirements. Human Resources evaluated both vendors based upon their ability to meet the City’s needs, their qualifications and experience, project approach / methodology, and cost. Based upon staff’s review and evaluation, Warren Rutherford DBA The Executive Suite, is recommended to be selected. Per the current MOU dated July 1, 2017 – June 30, 2021, the City is under obligation to perform a classification study and complete it no later than December 31, 2020. Per the timeline offered by Warren Rutherford DBA The Executive Suite, this study will be completed prior to December 31, 2019. Consistent with the City’s requirements listed in the RFP, The Executive Suite will: Contract for Classification and Compensation Study July 9, 2019 Page 2 1.Analyze all class specifications by reviewing position description reports and conducting interviews; 2.Identify and select an appropriate labor market for the City (per the MOU the selected Cities include: Murrieta, Perris, Temecula, Corona, and Menifee) 3.Conduct comparable market surveys on benchmarked positions and salaries; 4.Make recommendations for market surveys on benchmarked positions and salaries; 5.Make recommendation for the revision, updating, deletion and addition of class specifications Fiscal Impact Funds available in FY19-20 Annual Operating Budget. Exhibits: A: Request for Proposal for Compensation and Classification Study B: Warren Rutherford Dba The Executive Suite, Proposal to Conduct Classification and Compensation Study C: NFP HR Services, Proposal to Conduct Classification and Compensation Study D: City of Lake Elsinore Standard Agreement for Professional Services REQUEST FOR PROPOSALS – CLASSIFICATION AND COMPENSATION STUDY April 8, 2019 City of Lake Elsinore Administrative Services Department 130 South Main Street Lake Elsinore, California 92530 April 8, 2019 REQUEST FOR PROPOSALS The City of Lake Elsinore, hereinafter referred to as the City, is inviting proposals from qualified consulting firms to provide a comprehensive classification and compensation study. To be considered for this contract, your firm must meet the qualifications and satisfy the requirements as stated in the Request for Proposal (RFP). Time Schedule: The following is the City's tentative schedule for the selection of a consulting firm: 1. Request for Proposals distributed: April 9, 2019 2. Deadline for submitting RFP: May 9, 2019 at 3:00 pm 3. Staff review of Proposals: May 9 to May 15, 2019 4. Interview of top firms: TBD 5. Award of contract: TBD Prior to 3:00 p.m., on May 9, 2019 e-mail proposals shall be submitted to: sbuckley@lake- elsinore.org. All questions regarding this RFP must be directed to Shannon Buckley, Assistant Director of Administrative Services at sbuckley@lake-elsinore.org. Contact with City of Lake Elsinore personnel or anyone other than those listed above regarding this RFP may be grounds for elimination from the selection process. Sincerely, Administrative Services Department INTRODUCTION The City of Lake Elsinore is seeking to obtain a consultant who will assist the City in: • Analyzing all class specifications by conducting position description reports and interviews; • Identifying and selecting an appropriate labor market for the City; • Conducting comparable market surveys on benchmarked positions and salaries; • Making recommendations for market adjustments to salaries; • Making recommendations for the revision, updating, deletion and addition of class specifications. BACKGROUND The City of Lake Elsinore encompasses 43 square miles, with a diverse population of 66,411 residents, and is located about 85 miles north of San Diego. The City was incorporated in 1888 as a General Law City and is governed under the City Council/City Manager form of government. The City contracts out fire and police services and has approximately 73 full time employees and 22 part time employees in 7 departments (City Manager, City Clerk, Administrative Services, Community Services, Community Development, Engineering, and Maintenance). SCOPE of REQUIRED SERVICES To be considered, a vendor must be a full-service consulting firm with expertise in classification and compensation studies and systems, schematics of occupational job series groups and job classes, opinions as to FLSA status and independent third-party review of appeals from employees. The consultant should be able to demonstrate that citywide classification and compensation systems have been successfully implemented in at least five cities or similar institutions. Specific services and responsibilities to include: • Examine all existing job descriptions and prepare comprehensive job descriptions with recommended modifications for all categories. Job descriptions for all categories are to be examined for compliance with the Americans with Disabilities Act (ADA), and recommendations for any changes should be made to ensure compliance with ADA/EOE. • Conduct a comprehensive compensation survey and make recommendations for wage and salary changes to existing and proposed positions to assure internal equity and external competitiveness. The method in which to perform this analysis is to be determined by the consultant. • Perform a survey of surrounding governmental entities comparing the level of payments made on behalf of employees by the respective areas comparable to the City of Lake Elsinore. • Perform an organization-wide operational efficiency study to make recommendations as to how to better utilize existing personnel. • Demonstrate career ladder in each job family and create promotional pathways for employees to follow. • Make recommendations for which classifications should fall into a represented category. • Submit a recommended salary and compensation plan, with pay range assignments on the basis of internal equity and external competitiveness. • Submit an implementation strategy for the updated compensation system with lowest financial impact on the city’s operating process. • Presentation of the salary study to appropriate city staff. SUBMITTAL FORM AND CONTENT To assist in the evaluation process, the following information is required in the RFP submittal: • Cover letter - Signed letter by an individual authorized to negotiate on behalf of the firm and must be binding for a term of 90 days from the date of submittal to the City. • Written description of services to be provided. Include both services outlined in this request, as well as additional services recommended by your organization. • Comprehensive, specific statement indicating the maximum cost for the project based on the project as described herein. To the extent desired, additional recommendations and services or options may be included as additions to the project on an optional basis. These optional items shall be priced separately from this Request for Proposal. • List of current and former clients, preferably municipalities. Include the name of the client, contact person, telephone number and email address (if available). • Identify a window of time indicating availability to start the project. The selected firm will be required to enter into a written contract with the City of Lake Elsinore in a form approved by the City Attorney. It is expected that work will commence upon award of contract. The project is time-sensitive to meet the requirement of the current MOU stating that this project must be completed by June 30, 2020. • City’s Professional Services Agreement – Identify any sections of the City’s standard consultant contract (Attachment B) that pose concerns and would require negotiation/modification in order to be acceptable to consultant. If no concerns are identified, submitter will be deemed to have accepted the form of the agreement. • Evidence of all applicable business insurance coverage and licenses. • Brief description of your organization’s history, growth, philosophy/culture, number of employees, and number of years in business under the same name. • Brief resume of the education and experience of those persons who will actually be conducting the study. • Complete description of the organizational structure of your organization, and the method by which work is done. An organizational work flow chart with description of duties of the persons working on the study is useful. The City of Lake Elsinore reserves the right to extend the deadline to meet the objectives of the agency. SUBMITTAL EVALUATION Criteria to be used to evaluate the submittals will include, but not limited to: • Degree to which each submittal responds to the needs of the City and this request (responsiveness, preciseness, thoroughness, etc.). • Evidence of the ability to provide service in a prompt, thorough and professional manner. • Experience, professional credentials, reputation and personalities of those who will be performing the study. • Ability to complete the work within the time specified • Qualifications of the firm, including but not limited to its similar experiences in City government studies and personnel assigned to the project • Fee amount & structure (separate and sealed envelope) ORAL PRESENTATION Based on a review of the written responses, a short list of candidates will be selected to make an oral presentation arranged at a mutually convenient time at the City of Lake Elsinore. This presentation is expected to confirm proposal representations, supplement information obtained through the proposal process and give the City the opportunity to meet the individuals who would be assigned to the study. RFP TIMETABLE Proposals must be submitted by May 9, 2019 at 3:00 pm. The City of Lake Elsinore reserves the right to extend the deadline to meet the objectives of the agency. Each finalist will be evaluated on the basis of capabilities described in its written proposal and oral presentation. The organization that best matches the City of Lake Elsinore’s objectives will be selected. GENERAL INFORMATION The selected consultant will be expected to enter into and perform services under a Professional Services Agreement (PSA) with the City of Lake Elsinore. In the event the consultant and the City are unable to agree on the terms of the PSA, the City reserves the right to reject the submittal. Further, the City reserves the right to accept or reject any or all submittals received as a result of this request, to negotiate with qualified sources, or to cancel in part, or in its entirety, this Request for Proposal, if it is in the best interest of the City to do so. This is a Request for Proposal (RFP). This RFP does not commit the City to pay any costs incurred for the preparation of the submission of a proposal, or to contract for supplies or services. For a submittal to be considered responsive, all requested information must be submitted. ATTACHMENTS Attachment A: Position Listing Attachment B: City of Lake Elsinore Standard Agreement for Professional Services ATTACHMENT A POSITION LISTING REPRESENTED ACCOUNT SPECIALIST I ACCOUNT SPECIALIST II ACCOUNT SPECIALIST III ACCOUNTANT I ADMINISTRATIVE ASSISTANT ASSISTANT PLANNER ASSOCIATE CIVIL ENGINEER ASSOCIATE PLANNER BUILDING INSPECTOR CHIEF MECHANIC CODE ENFORCEMENT OFFICER I CODE ENFORCEMENT OFFICER II CODE ENFORCEMENT SUPERVISOR COMMUNITY DEVELOPMENT TECHNICIAN COMMUNITY DEVELOPMENT TECHNICIAN II COMMUNITY SERVICES COORDINATOR CUSTOMER SERVICE SPECIALIST ENGINEERING INSPECTOR ENGINEERING TECHNICIAN ENGINEERING TECHNICIAN II ENGINEERING/NPDES COORDINATOR EQUIPMENT OPERATOR GRAFFITI TECHNICIAN INFORMATION TECHNOLOGY DATABASE ANALYST INFORMATION TECHNOLOGY ANALYST INFORMATION TECHNOLOGY TECHNICIAN I INFORMATION TECHNOLOGY TECHNICIAN II LAKE OPERATIONS SUPERVISOR LEAD WORKER - FACILITIES LEAD WORKER - LAKE OPERATIONS LEAD WORKER - PARKS LEAD WORKER - STREET OPERATIONS MAINTENANCE WORKER I MAINTENANCE WORKER II MECHANIC OFFICE SPECIALIST I OFFICE SPECIALIST II OFFICE SPECIALIST III PARK & RECREATION ANALYST PARK SPECIALIST PARK SUPERVISOR PUBLIC WORKS SUPERVISOR RECREATION SUPERVISOR SENIOR ACCOUNTANT SENIOR BUILDING INSPECTOR SENIOR CODE ENFORCEMENT OFFICER SENIOR COMMUNITY DEVELOPMENT TECHNICIAN SENIOR ENGINEERING TECHNICIAN SENIOR LEAD WORKER SENIOR PLANNER SPECIAL EVENTS COORDINATOR PART-TIME PERMANENT BUILDING INSPECTOR OFFICE SPECIALIST I PART-TIME/SEASONAL AQUATICS PROGRAM COORDINATOR INTERN PROJECT ANALYST PROJECT ASSISTANT RECREATION AIDE RECREATION LEADER RECREATION SPECIALIST VOLUNTEER COORDINATOR WATER SAFETY INSTRUCTOR UNREPRESENTED MANAGEMENT ASSISTANT CITY MANAGER BUILDING & SAFETY MANAGER BUSINESS PROCESS ANALYST CITY CLERK CITY ENGINEER CODE ENFORCEMENT ADMINISTRATOR DEPUTY CITY CLERK DIRECTOR OF COMM DEVELOPMENT DIRECTOR OF COMMUNITY SERVICES EXECUTIVE ASSISTANT I EXECUTIVE ASSISTANT II FINANCE ADMINISTRATOR FINANCE MANAGER FISCAL OFFICER GENERAL SERVICES MANAGER HR MANAGEMENT ANALYST HR SPECIALIST INFORMATION TECHNOLOGY MANAGER MANAGEMENT ANALYST PLANNING MANAGER PRINCIPAL PLANNER PUBLIC WORKS SUPERINTENDENT SENIOR CIVIL ENGINEER SENIOR MANAGEMENT ANALYST Attachment B – Page 1 ATTACHMENT B AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the “Agreement”)is made and entered into as of the day of , 201_, by and between the City of Lake Elsinore, a municipal corporation (''City") and , a ("Consultant"). RECITALS A. City desires to retain Consultant to perform services in the City and Consultant desires to provide such professional services and related work as set forth in this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue [until completed in accordance with the schedule set forth in the Scope of Work (Exhibit A)] or [for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of three (3) years.] 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $ without additional written authorization from the City. Expenses set forth in Exhibit B shall be reimbursed at cost without an inflator or administrative charge; provided however that approved subconsultants listed in Exhibit D may be billed at cost plus 10%. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. Attachment B – Page 2 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is known, or has become known, to the related industry shall be deemed confidential. Consultant shall not Attachment B – Page 3 use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: Attachment B – Page 4 a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in Attachment B – Page 5 accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. Attachment B – Page 6 vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. Attachment B – Page 7 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor, has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to Attachment B – Page 8 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: By: By: Printed Name: Printed Name: Title: Title: Business License # APPROVED AS TO FORM: ATTEST: City Attorney City Clerk Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers’ Compensation Insurance Exhibit D – List of Subcontractors Attachment B – Page 9 EXHIBIT "A" SCOPE OF SERVICES Attachment B – Page 10 EXHIBIT "B" SCHEDULE OF CHARGES Attachment B – Page 11 EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers’ Compensation Laws of the State of California. Executed on this day of ,20 at , California. Consultant Attachment B – Page 12 EXHIBIT "D" LIST OF SUB-CONSULTANTS / SUBCONTRACTORS 6 May 2019 Ms. Shannon Buckley Assistant Director of Administrative Services City of Lake Elsinore Administrative Services Department 130 South Main Street Lake Elsinore, California 92530 RE: REQUEST FOR PROPOSALS CLASSIFICATION AND COMPENSATION STUDY Dear Ms. Buckley: Rutherford Advisors, Inc., DBA The Executive Suite is in receipt of a Request for Proposal requesting consulting services for the City of Lake Elsinore’s RFP for a Classification and Compensation Study, with reply required by Thursday May 9 at 3:00 PM PT. On behalf of Rutherford Advisors, Inc. DBA The Executive Suite, I am authorized to submit a response to the Request for Proposal and to negotiate for and contractually bind the company. This offer will remain valid for the City’s acceptance for a term of 90 days from the date of submittal to the City. We understand that the City of Lake Elsinore requires assistance in conducting a Classification and Compensation Study for approximately seventy-five (75) unique job titles occupied by approximately seventy-three (73) full time employees and twenty-two (22) part time employees. The Executive Suite will perform all aspects of the study as required. We are prepared to commence work upon execution of the appropriate agreement and supply the City the necessary assurances to do so. On behalf of Rutherford Advisors, Inc. DBA The Executive Suite I thank you for the opportunity to supply a technical proposal for this service and provide a valuable personnel classification service study to the City of Lake Elsinore. Kindest regards, and Warren J. Rutherford Owner and President City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 2 | P a g e Scope of Services Study Objectives: Consistent with the City’s requirements, we will: 1. Analyze all class specifications by reviewing position description reports and conducting interviews; 2. Identify and select an appropriate labor market for the City; 3. Conducting comparable market surveys on benchmarked positions and salaries; 4. Make recommendations for market adjustments to salaries; 5. Make recommendations for the revision, updating, deletion and addition of class specifications Classification and Compensation Plans Generally A point rating system is used to evaluate the selected positions. Weighted factors address the major position characteristics of responsibility, education/experience, job conditions, physical requirements, supervision, training, etc. The rating process helps to determine comparable worth rankings within the workforce. The ratings are used in conjunction with the comparable salary data to prepare the classification and compensation plan. The purpose of a classification and compensation plan is to provide equitable pay and appropriate status recognition for all positions included. A classification and compensation plan can accomplish two important objectives: 1. It eliminates the element of subjectivity that invariably accompanies individual compensation decisions when no plan or guidelines exist or if the current plan is outdated. 2. It provides managers with a tool for planning work force requirements, controlling costs, and evaluating performance. While not an exact science, classification and pay plans represent a formalized procedure for achieving equitable job groupings and equitable pay levels for positions in the organization's work force. Through the classification and compensation process, a thorough job analysis is conducted of all positions. Job analysis produces five kinds of information: 1. Information about the nature of the work (e.g. duties and responsibilities); 2. The level of the work (e.g., degree of responsibility or complexity); 3. Job requirements (e.g., the knowledge, skills, abilities and other characteristics needed to perform work effectively); 4. Job qualifications (e.g., years of education or experience needed for the position); and 5. Working conditions (e.g., the psychological, emotional, and physical demand placed on employees by the work environment). A thorough job analysis of positions can be used to prepare and update job descriptions, identify job qualifications, develop criteria for appraising employee performance, define compensable factors for City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 3 | P a g e evaluating the relative worth of jobs, and redesign jobs to enhance job satisfaction and employee productivity. According to the Scope of Services we will: 1. Examine all existing job descriptions and prepare comprehensive job descriptions with recommended modifications for all categories. Job descriptions for all categories will be examined to ensure compliance with the Americans with Disabilities Act (ADA), and recommendations for any changes to ensure compliance with ADA/EOE. 2. Conduct a comprehensive compensation survey and make recommendations for wage and salary changes to existing and proposed positions to assure internal equity and external competitiveness. 3. Perform a survey of surrounding governmental entities comparing the level of payments made on behalf of employees by the respective areas comparable to the City of Lake Elsinore. 4. Perform an organization-wide operational efficiency study to make recommendations as to how to better utilize existing personnel. 5. Demonstrate career ladders in each job family and create promotional pathways for employees to follow. 6. Make recommendations for which classifications should fall into a represented category. 7. Submit a recommended salary and compensation plan, with pay range assignments based on internal equity and external competitiveness. 8. Submit an implementation strategy for the updated compensation system with the lowest financial impact on the city’s operating process. 9. Present the findings and recommendations of the salary study to appropriate city staff. We recommend the following approach towards project implementation based upon the successful completion and implementation of prior classification and compensation studies. Task 1 – Information Meetings 1. We will schedule information sessions to explain the classification and compensation study process, how we will involve managers and employees in the process through completion of a Position Analysis Questionnaire, how we will solicit their feedback and input into draft position descriptions through interviews, and how we will present our recommendations for final position descriptions and compensation system to them. 2. We will schedule information meetings prior to the start of the project to present our proposed study methodologies and processes and to discuss the process, tasks, and methodologies to be used in the study to the City Manager and Department Managers. 3. We will provide frequent updates to City Manager to ensure that project tasks and deliverables are kept on track. a. Timeline: assuming contract award by 3 June would schedule week of 10 June. 4. Ongoing Meetings – As noted above, we will plan to meet with City Management at Study commencement, as well as during the position evaluation process, and at Study conclusion, a minimum of three (3) meetings, or more frequently as determined necessary to ensure City Management can give and receive information and direction for the study. 5. We will meet with City Management as needed and as requested, for the following: a. Project commencement – to discuss scope and additional requirements and schedule timelines for task accomplishment; City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 4 | P a g e b. Proposed classification – to review, solicit feedback, and discuss; c. Review compensation survey and proposed compensation schedules – to review, solicit feedback, and discuss; d. To discuss our recommendations on the organization-wide operational efficiency study; e. Final Documents – review of position rating manual, point rating methodology; and f. To present overview and outcomes of classification and compensation study and recommendations. 6. We will attend all other required meetings to explain the process throughout the study, when necessary. Task 2 – Job Descriptions 1. We will provide all employees a Position Analysis Questionnaire1 that will enable them to list their job duties, requirements, and responsibilities. We will request employees, on completion of their questionnaire, to have their immediate supervisor and department manager review and comment on the completed employee questionnaire. The questionnaire will be provided to the City in a Microsoft Word format and in hardcopy for those employees without access to a computer so that employees may complete the questionnaire electronically, if so desired. a. Timeline: delivered week of 10 June during Information sessions. 2. The questionnaire elicits information concerning each position’s day to day functions, the nature and scope of supervision, the environment in which the employee works, level of confidentiality, the minimum levels of education, experience, judgment, complexity, knowledge, ability and skill required, and time-specific physical and mental demands of the job. We will allow three (3) weeks for employee completion and supervisor review. It is our experience that City Management will need to gently prod employees and their supervisors to make PAQ completion a priority, especially as we will be entering the holiday season. a. Timeline: return of PAQ back by 5 July 3. We will next compare the completed questionnaires to any existing job descriptions, and, from the comparison of both the questionnaire and job description; create, modify, and/or update job descriptions in compliance with applicable Federal and State statutes, and/or update job position titles to reflect essential functions of positions for distribution to each employee. Where appropriate, and after discussion with City Management we will recommend change to a more appropriate job title and description for affected employees. 4. On completion of draft descriptions, we will forward these to the City for distribution to employees and their supervisors to schedule a series of employee and supervisor interviews and/or job audits two (2) weeks after their distribution. a. Timeline: complete draft descriptions by 19 July 2019 5. All draft and recommended job descriptions will comply with the Americans with Disabilities Act (ADA) Title I, the Fair Labor Standards Act (FLSA), and the Equal Pay Law. a. In regard to our recommendation for FLSA exempt or non-exempt status we will review the current and proposed U. S. Department of Labor Wage and Hour Division promulgation of changes to the Fair Labor Standards Act (FLSA). The Department published a final rule to become effective December 1, 2016, wherein it modified the prior standard for exemption from $455 to $970 down to $913 per week ($ 23,660 to $50,440 down to $47,476 a year). 1 See Position Analysis Questionnaire attached to this proposal. City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 5 | P a g e b. On November 22, 2016, U.S. District Court Judge Amos Mazzant (East Texas) granted an Emergency Motion for Preliminary Injunction and thereby enjoined the Department of Labor from implementing and enforcing the Overtime Final Rule on December 1, 2016. The Department requested additional time in the appeals process to allow incoming leadership personnel adequate time to consider the issues. c. This final rule has been subsequently been modified from the current level of $455 per week ($23,660 annually) to $679 per week ($35,308 annually). The proposed rule would also raise the threshold for “highly-compensated employees” from $100,000 annually to $147,414 per year. d. Based upon the subsequent modification to the final rule in March, 2019, the final implementing regulations will need to be closely monitored to understand the impact on FLSA exemptions. e. Therefore, our FLSA exempt or non-exempt status will, of necessity, qualify such job description recommendations based on the current status of the regulatory and judiciary process and include the DOL proposed changes to the exemption tests for various professional and technical positions. 6. Finalize Recommended Job Descriptions– at the conclusion of Task 3 – Interviews, described below, job descriptions will be finalized for recommendation to City Management based on comments received. a. Timeline: 2 August 2019 Task 3 – Interviews/Job Audits 1. We will conduct interviews with employees to verify and/or clarify responsibilities as received through the questionnaires and to receive their feedback on the accuracy of the draft job descriptions. a. Timeline: 22 July, we will plan for 2.5 days of interviews. 2. When appropriate we will conduct group interviews where multiple employees occupy a similar position title, and where job functions are similar. 3. We will interview department managers for these affected positions to verify and/or clarify responsibilities as received through the questionnaires and to receive their feedback on the accuracy of the draft job descriptions. 4. Our Process: a. Circulate Draft Position Descriptions: Position descriptions are sent to City Management for distribution to each manager and employee for review and comment. b. We will then schedule through the City Management, interviews with employees, group interviews, and department managers. Task 4 – Classification Structure Development The Executive Suite uses a point rating system to evaluate positions that Mr. Rutherford developed. Weighted factors will address the major position characteristics of: • Education and Basic Knowledge • Experience • Accountability • Judgment • Complexity • Supervision Required • Nature and Purpose of Personal Contacts • Work Environment City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 6 | P a g e • Education and Basic Knowledge • Experience • Physical Demands • Motor Skills • Occupational Risks • Confidentiality, and • Supervision Exercised The rating process helps determine comparable worth rankings within the workforce. Each of the rating factors is organized by degrees; each of the degrees relates to language contained within the position descriptions. Generally, in providing training in the administration of this process, we encourage evaluators to first review the rating manual in order to get an understanding of the evaluation process. In general, evaluators should review each description, and, using a Microsoft Excel-based evaluation worksheet, assign an appropriate degree to each factor. Upon completion of the factor-degree assignment, the evaluator would then use the rating worksheet to identify the point total affiliated with each factor-degree assigned. The points get totaled for each position and then all positions are ordered from the lowest to highest point total and compared to existing salary levels and comparable salary data in order to prepare the classification and compensation plan. The Executive Suite’s approach towards the rating and evaluation of each position will be to train designated City staff in this process, and, with City staff, evaluate, and rate each position. We have found it beneficial to discuss variances in the interpretation of various factor degrees with City staff. This “hands-on” approach assists The Executive Suite in the identification of discrete position characteristics that may not be apparent in the earlier stages of the position development process. This approach further clarifies for the City the importance of maintaining an objective and comprehensive perspective towards the evaluation process. 1. Classification Structure Position Rating Manual – The Executive Suite has developed and refined the point-factor comparision rating process and Manual that it has used successfully in all its municipal and private company engagements. This manual objectively analyzes all positions against established factors. It will serve as the basis for City Adminsitration to update the classification plan, evaluate requests for reclassification, and classify new positions on an ongoing basis. 2. Evaluate Positions – We will evaluate each position, train City Adminsitration on our methodology to evaluate each position, and meet with City Adminsitration to discuss and resolve rating differences. 3. Preliminary grade assignment: based on rating results The Executive Suite will prepare a draft classification structure that will include the recommended assignment of each position within the classification structure utlizing our rating factors and methodology as contained within the classification structure manual, in consultation with the City. a. Timeline: by 9 August Task 5 – Career Ladder As part of the classification rating and evaluation process we will focus effort to establish or re- establish career ladder opportunities for certain classes of positions so that there will be opportunity City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 7 | P a g e for employee progression from entry level positions to higher levels of pay, skill, responsibility, and/or or authority. The career ladder should use, as a base, an employee’s individual development plan, as well as consideration of that development plan to the City’s goals and objectives, employee training opportunities, measurement and assessment of an employee’s readiness to advance within a career ladder opportunity, and the results and recommendations of the organizational efficiency study. Task 6 – Organizational Efficiency Study In order to develop recommendations for how the City can better utilize its existing personnel, we propose the implementation of an organization-wide operational efficiency study that will include a review of each of the City’s seven (7) departments (City Manager, City Clerk, Administrative Services, Community Services, Community Development, Engineering, and Maintenance). The purpose of this study will be to evaluate current management structures, staffing levels, and associated workloads to determine what level of improved efficiencies can result, if any, through better utilization of existing staff in their delivery of services. Methods used to complete this study will include the following: 1. Conduct a Strengths, Opportunities, Aspirations, Results (SOAR) Analysis a. A strength, opportunities, aspirations, results (SOAR) analysis is a strategic planning tool that focuses an organization on its current strengths and vision of the future for developing its strategic goals. b. This tool differs from the commonly used SWOT (strengths, weaknesses, opportunities, and threats) analysis. SOAR engages all levels and functional areas of an organization, while SWOT is typically a top-down approach. With SOAR, the focus is on the organization and enhancing what is currently done well, rather than concentrating on perceived threats and/or weaknesses. c. When conducting a SOAR analysis, the basic questions to be answered are: i. What are our greatest strengths? ii. What are our best opportunities? iii. What is our preferred future? iv. What are the measurable results that will tell us we’ve achieved that vision of the future? d. We recommend engaging employees and officials from every level of the organization to have shared conversations and input on opportunities to enhance efficiencies, and would include members of the City Council, and staff in the identified departments. e. Our focus in the SOAR Analysis will be to identify and build on the organization’s strengths to develop recommendations for improved employee efficiencies. f. We will schedule four (4) workshops to conduct the SOAR analysis with members of the City Council, City Management, department managers and staff in the identified departments. 2. Employee Survey a. We will prepare and administer an online employee survey for staff to respond to topics including work environment, employee engagement, and their own perspective on their existing level of efficiency performing their own position responsibilities as well as providing feedback relative to departmental structure, operations, work practices, policies, procedures, and workload. City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 8 | P a g e b. This information will be analyzed to identify department and employee strengths as well as opportunities for enhancing the efficiency. 3. Service Matrix a. Output from this analysis will be development of a Service Matrix for the City that includes an inventory of each the programs and services for each City department and the associated activities. b. The City, like other organizations, has developed traditions, practices, and routines that provide stability and consistency in the delivery of its services. In collaboration with City Management, we will identify these traditions, practices, and routines, and review and analyze their relevance to operational efficiencies, to ensure that they continue to represent best practices in meeting the needs of the community. c. The matrix can provide a useful tool to be used by the City to ensure that current programs and services are in alignment with the Council’s strategies, goals, and priorities and that the organizational efficiencies on how to better use existing personnel is in alignment with the City’s strategies, goals, and priorities. d. Timeline: by 9 August Task 7 – Comparable Compensation Market Survey 1. At study commencement we will discuss with City Management the challenges which the City faces in recruiting and retaining employees, based upon the compensation plan(s) in effect, and begin a discussion on the City’s receptivity and ability to develop alternative compensation plans that can be more market-driven, performance-based, and responsive to compensation changes in the regional economy, and which can be flexible enough mitigate pay compression concerns. Included for consideration in this analysis will be analyzing housing affordability vis -à-vis compensation practices and how housing affordability may or may not impact the City’s ability to pay and its ability to recruit and retain qualified employees. 2. In coordination with City Management and based on our own research, we will identify and recommend labor markets and communities in which the City has historically maintained a comparable market survey relationship and prepare a labor market survey and benchmark job classifications. We will present this list of comparable communities to City Management for approval. Included within this task will be comparison of benchmarked City positions that are recorded through the U.S. Department of Labor Bureau of Labor Statistics May 2018 Metropolitan and Nonmetropolitan Area Occupational Employment and Wage Estimates for the Riverside-San Bernardino-Ontario, CA labor market area. a. Timeline: by 10 June 3. To assist comparable communities in providing more accurate survey response we will present a position profile statement for each subject position and organize the position profile statements by department based on the updated position descriptions being recommended. 4. We will collect and analyze comparative salary/wage data based on the City’s direction. Examples could include the following: a. on minimum/maximum pay rates, b. steps, c. current pay, d. vacation leave, e. sick and other personal leave, f. health insurance, g. buybacks, City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 9 | P a g e h. life insurance, i. longevity schedules, j. special compensation based on licensing requirements, and/or k. other pay as identified by the City and based on the decisions made by the City, so these can be incorporated into the survey. 5. The comparable market survey will compare Lake Elsinore community data for each position to similar positions in these comparable communities, indicate the degree to which each Lake Elsinore position is above or below comparable positions on both a percentage and dollar value basis. a. Timeline: results received by 12 July Task 8 – Constructing a Compensation Plan/Wage Schedule 1. In this task we will construct a compensation plan and wage schedule for the affected positions based upon the data results for the compensation survey and the point factor evaluation process. 2. The compensation plan and schedule will match up to the point factor analysis within the parameters of the comparative data and the City’s compensation policies. We will consider alternative compensation plan recommendations based on feedback from the City as well as cost option strategies to implement. As part of this evaluation, review, and recommendation we will look at the City’s current performance appraisal process and how this process is integrated into the compensation decision process, providing recommended alternatives, as necessary. 3. This process validates the internal equity established by the factor analysis to the external equity established through the wage survey with the resultant externally competitive and internally equitable salary structure. 4. This process will further address the cost to implement the recommended position grade and compensation plan. Alternative schedules are expected to be developed based on direction received from City Management with a focus on recommending schedules that will have the lowest financial impact on the City’s operating process. 5. As we develop the compensation plan we will identify any individual or group compensqtion inequities and will present recommended corrective action plans and processes to remedy these inequities. 6. As part of this task we will make recommendations and provide implementation strategies related to other key compensation practices, based on market demands, such as pay for performance. 7. As noted below, we will provide City Management with recommendations for the ongoing internal administration and maintenance of the proposed compensation plan, including annual market surveys and use of the U.S. D.O.L. Bureau of Labor Statistics May 2018 Metropolitan and Nonmetropolitan Area Occupational Employment and Wage Estimates for the Riverside-San Bernardino-Ontario, CA labor market area. 8. Finally, we will develop a pay compression analysis as part of the compensation task to identify compression issues and to present recommendations to ameliorate said compression where it does occur or where it has the potential to occur. a. Timeline: by 2 August Task 9 – Final Report At the conclusion of the study, we will provide the City four (4) printed copies and one (1) electronic version of the final report in Microsoft Word format and Microsoft Excel format, which will include: City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 10 | P a g e 1. An executive summary that will explain the methodology used to develop the position descriptions, the compensation survey, development of a compensation plan, description of the data gathered, the process used to analyzed the data both from the point factor evaluation rating and the compensation survey data and existing compensation schedules, a listing of source materials, and a description of the methods that the City can use to assist in the day-to-day administration and updating of the plan. Our documentation of the study procedures, findings, and recommendations will include preparation of standards and procedures for implementing the compensation schedule(s). 2. As part of the compensation survey process, we will provide a listing of comparable communities selected, along with the data analysis used to recommend comparable communities to the City for the benchmark analysis. a. An analysis of comparable salary data from the labor market will be presented. This data will be presented in spreadsheet format. 3. An analysis and assignment of each position description to the recommended classification, including a list of position titles that may be determined to be under or over classified. Included within this analysis and assignment in our final report are the following: a. A complete set of job descriptions, including nature of work, scope of supervision, job environment, essential functions, required qualifications, and physical requirements of the position. All job descriptions are designed to comply with the Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), and the Equal Pay Act. b. A classification plan showing the assignment of position titles and the assignment of positions to grades. c. An employee assignment schedule showing the assignment of individual employees to position titles and the assignment of positions to grades. 4. A compensation plan showing pay ranges will be developed. The precise nature of the plan(s) depends upon various policy decisions made by the City, which will be discussed with City Management as the study progresses. a. An analysis of the fiscal impact of implementation of the recommendations (the analysis may include an employee-by-employee estimate of implementation cost, depending upon the method of implementation intended by the City. 5. A project report and methodology will include guidelines and tools for updating the classification plan, accepting new classes, and evaluating reclassification requests. The implementation strategy and plan, including plan options for an updated compensation and classification system that effectively manages the fiscal impact on the City’s operating process is an essential element of this study. These implementation strategies will provide compensation adjustments by employee, as noted above, as well as presenting appropriate policies and procedures for adoption by the City to address deficiencies, including a process to maintain a sustainable plan. a. Timeline: by 16 August 6. In our final report the City will receive: a. an electronic file in editable MS Word format for all word documents including: i the Rating Manual, ii the Position Analysis Questionnaire, iii all Position Descriptions, b. as well as an editable MS Excel format electronic file for: i the Point Factor Evaluation Rating process, City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 11 | P a g e ii the Comparable Survey, iii the combination of the Rating Plan and the Compensation Plan, and iv the Fiscal Impact Analysis by employee. Company Profile Rutherford Advisors, Inc., dba The Executive Suite, is a professional recruitment, placement, human resource, and management consulting and coaching firm located in Hyannis, MA. The firm has performed executive, professional, and temporary search services since 1983. Located in Hyannis, MA, the current Owner and President of The Executive Suite, Warren J. Rutherford, purchased the company from its former Owner in April 2009. Mr. Rutherford, a former Town Manager himself, has focused the company’s efforts on human resource management consulting, executive and professional search since acquiring the company. Personnel assigned to this project have performed and completed twenty-four (24) compensation and classification studies together over the past 18 years. The Owner of Rutherford Advisors, Inc. DBA The Executive Suite, Warren Rutherford, developed the classification and compensation manual and related rating, comparable survey, and compensation schedules for use in a variety of municipalities in New England and the Midwest. A complete list of communities in which this methodology has been employed is listed towards the end of this proposal. Kevin Rutherford has worked at The Executive Suite in a variety of human resource related engagements including job description development, employee interviews, position rating, and compensation survey analysis. As a former municipal executive and management consultant Warren is intimately familiar with municipal human resource management, salary survey analysis, position evaluation methodology, manual writing, and wage classification. In each assignment referenced Warren has developed, trained, and supported the implementation of each classification and/or compensation study. Our approach towards the training of client staff reflects the commitment of Warren to ensure that each client develops the internal staff capacity to implement, manage, and modify position descriptions, point factor evaluation ratings, compensation surveys, and compensation systems, including a pay for performance compensation matrix, as required. Warren Rutherford will manage the project and perform tasks related to comparable pay research, rating evaluation, and report preparation, interviews, and oversight and completion of all tasks. Kevin Rutherford will conduct review of PAQ’s, prepare draft and final job descriptions, and, with Warren, will conduct employee interviews and participate in the comparable pay research tasks. Our assigned consultants have extensive experience in municipal and private management, including organizational analysis, personnel management, collective bargaining, classification and compensation system development and implementation, performance appraisal system development and implementation, the development of personnel policies and procedures, and human resource organizational analysis. The resumes of our project team are enclosed. The Owner and President of Rutherford Advisors, Inc. DBA The Executive Suite has performed 24 classification and compensation studies since 1998 and has continuously provided personnel management and consulting services since 1998, the past 10 of which have been as the Owner of The City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 12 | P a g e Executive Suite, an executive and professional search, business transition planning, and executive coaching firm, located in Hyannis, MA. Warren J. Rutherford Warren is the Owner and President of Rutherford Advisors, Inc. dba The Executive Suite, a professional recruitment, placement, human resource, and management consulting and coaching firm located in Hyannis, MA. Warren is expert at understanding, developing, and improving business communications with a strong emphasis on developing alignment between ownership, management, employees, and customers. He is expert at smart planning, hiring, managing, and motivating processes, and is expert at creating “high performance” workforces that are productive and profitable. He is accredited in a variety of assessment and coaching methods, inc luding certification as a 5th Level Coach, using the 5th level methodology in his career counseling, professional placement, and outplacement services. Mr. Rutherford has written and published Energy Supply Choices “A Local Officials’ Guide to Electric Deregulation in Massachusetts,” developed energy option analyses, developed a Request for Proposal for energy and energy services, conducted seminars on electric deregulation, produced a consumer video on electric deregulation. He is an experienced leadership coach and has developed a dynamic leader as coach training program using his workbook Leadership in the New Economy – Become More Self-Aware, Authentic, and Smart in Leading and Managing Others. Mr. Rutherford, along with Dr. Michael Flynn, wrote and published Strategic SME Succession Planning: Enhancing Value & Wealth vis-à-vis Organizational Diagnosis, in the Review of Business & Finance Studies. As a former local official and consultant, Mr. Rutherford has worked in municipal government in Massachusetts, having served as Town Manager in Barnstable, Executive Secretary in Canton, Administrative Assistant in Uxbridge, and Planner/Fiscal Officer for the MacKinnon Training Center in Southbridge starting in 1978 and continuing through 1997. Mr. Rutherford has taught graduate courses in public administration at Suffolk University and Northeastern University in Financial Administration and Organizational Behavior. He has maintained a municipal and private consulting practice for the past 20 years. Warren Rutherford President Kevin Rutherford Consultant Margery Hansen Bookkeeper City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 13 | P a g e Mr. Rutherford holds a Bachelor of Arts degree in Political Science from the University of Massachusetts - Amherst, and a Master of Public Administration degree, with a concentration in Public Organization and Management, from Northeastern University. He has served as an Interim Town Manager in four communities: Great Barrington, Longmeadow, Oak Bluffs, MA, and Dennis, MA. Kevin Rutherford Kevin Rutherford has served as a planning intern in the Town of Hanover, MA performing professional, technical, and administrative work, as a management intern in the Town of Wareham tasked with economic development, and assisted the Town of Harwich as a management analyst, where he was tasked with reviewing documents, helping overhaul procedures, and serving as a key member of the leadership team. While at Arizona State University, he served as the Director of Graduate Outreach for two campuses which involved event planning, establishing a presence on a third campus, direct outreach to graduate students, creating a welcoming environment, and was a member of a team of Directors who helped to implement President’s plan for graduate students. As a Transit Services Intern for the City of Mesa he worked on First Amendment issues surrounding the placement of news racks, as a paid Consumer Affairs Intern for the Town of Barnstable he worked with town departments to ensure that they were adequately represented in marketing collateral for public dissemination, and researched and filled in missing data, to ensure that data for infrastructure and ADA improvement were complete, and documented town resources, to ensure up to date imagery of town resources. As a Business Marketing Coordinator for The Executive Suite he managed the company’s social media marketing campaign relevant to recruiting, leadership, and management, ensuring the company brand maintains relevancy in the regional business community; as well as aiding in the review and categorization of resumes and employment applications for open positions. He is a May 2017 graduate of Arizona State University, Tempe, AZ where he received his master’s degree in Public Administration, Urban Management concentration. He received a Bachelor of Arts Dual Degree in Political Science and History dual degree from the University of Massachusetts Amherst, Amherst MA in February 2014. He received a Political Leadership Certificate from The Washington Center in Washington, DC. While at Arizona State University he received an Assembly Service Award, Graduate and Professional Student Association, April 2017 and was a Finalist, 2017 Network of Schools of Public Policy, Affairs, and Administration Simulation Competition. City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 14 | P a g e POSITION ANALYSIS QUESTIONNAIRE (Please print or type) 1. General Information Name Department/Division Official Position Title Name and Title of Immediate Supervisor 2. Minimum Qualifications for Position If this position were vacant, what would be the minimum qualifications needed to fill the vacancy? A. Education: B. Experience needed to perform the job. Also, indicate the minimum number of years and what type of experience is needed to perform this job at time of hire: C. Licenses/certificates required at time of hire (i.e., PE, Law Degree, Professional Certification, State License, Commercial Driver’s License, CPA etc.): D. Please, indicate any special knowledge/ability/skill required to perform this job: 3. Communication/Contacts with Others A. Customers In a typical workday, how often do you deal with the customers? (Check one) Constantly (the position is primarily one of customer contact) Frequently (more than half the work is dealing with the customers) Occasionally (spend about 1-3 hours per day with the customers) Seldom (usually do not deal with the customers) City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 15 | P a g e Explain: B. Other Contacts In a typical workday, do you have contact with other company departments or outside organizations? If so, please list: C. Type of Contact Describe the type of contact you have with the customers or others (i.e., by phone, in person, in writing, by email, etc.): D. What is the purpose or reason for this contact? 4. Supervision Received A. What kind of instructions do you receive regarding your daily responsibilities? (Written, oral, general suggestions, specific assignments, etc.) B. How is your work reviewed by your supervisor? Explain. C. Can you speak on behalf of your supervisor? Give examples. D. Are questionable cases referred to your supervisor? Explain. 5. Errors A. If you make an error on the job, what are the likely consequences of that error? Please be specific and explain what the consequence would be and why. City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 16 | P a g e 6. Judgment and Complexity A. Judgment considers the degree of independent judgment your position requires and involves consideration of how much discretion and application of professional knowledge and experience you exercise in carrying out your work assignments. Complexity considers the degree to which the duties are complicated or involved. Jobs are made more complex by the range and variety of assignments or duties and the availability of specific guidelines for performing the work. Please describe the level of judgment and complexity required by your position. Please describe those, which are most critical to fulfilling your most important essential functions, providing specific examples where possible. City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 17 | P a g e 7. FLSA Exemption Assessment Executive Exemption Please indicate Yes or No Are you compensated on a salary basis (as defined in the regulations) at a rate not less than $679* per week? Are your primary duties managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise? Do customarily and regularly direct the work of at least two or more other full-time employees or their equivalent? Do you have the authority to hire or fire other employees, or are your suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees given weight? Administrative Exemption Please indicate Yes or No Are you compensated on a salary basis (as defined in the regulations) at a rate not less than $679* per week? Are your primary duties the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers? Do your primary duties include the exercise of discretion and independent judgment with respect to matters of significance? Professional Exemption Please indicate Yes or No Are you compensated on a salary basis (as defined in the regulations) at a rate not less than $679* per week? Are your primary duties the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment? Is the advanced knowledge in a field of science or learning? Is the advanced knowledge customarily acquired by a prolonged course of specialized intellectual instruction? Are your primary duties the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor? City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 18 | P a g e 8. Work Environment A. How much work time must you spend exposed to the following environmental conditions? (Show the amount of time by checking below) None Up to 1/3rds Up to 2/3rds More than 2/3rds Outdoor weather conditions High places Toxic or caustic chemicals Fumes or airborne particles Extremes of heat/cold (Not related to the weather) Near moving mechanical parts Risk of electric shock Work with explosives Risk of radiation Other: B. Describe the noise level of your work environment? (Check one) Noise Level Description Very quiet (i.e., forest trail, isolation booth) Quiet (i.e., private office) Moderate (i.e., business office with computers and phones, light traffic) Loud (i.e., large earth-moving equipment or large vehicles) Very loud (i.e., jack hammer work) C. Are you exposed to any occupational risks? Explain the risk and the consequence of being exposed to that risk Explain: D. Please explain any other environmental conditions that affect your work: 9. Physical Demands City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 19 | P a g e A. How much on-the-job time is spent in the following physical activities? (Show the amount of time by checking below) None Up to 1/3rd Up to 2/3rd More than 2/3rds Stand Walk Sit Talk or listen/hear Use hands Climb or balance Stoop, kneel, crouch, or crawl Reach with hands and arms Taste or smell Other: B. Does this job require that weight be lifted, or force be exerted? If so, how much and how often? (Show the amount by checking below) Never Seldom Occasionally Frequently Up to 10 pounds Up to 30 pounds Up to 60 pounds Up to 100 pounds More than 100 pounds Give examples: C. Does this job have any special vision requirements? Explain. 10. Equipment Used A. Indicate by checking below all the machines, equipment, and tools used in this job. Trucks more than 26,001 pounds Light Trucks Automobile Heavy Equipment (i.e. excavator) City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 20 | P a g e Light Equipment (i.e. chainsaw) Medical Equipment (i.e. Pneumatic Tools (i.e., jackhammer) Power Tools (i.e. drill) Hand Tools (i.e. saw, hammer) Office Machines (i.e., copier, fax) Computers Other: please list in space provided below. Give examples of any other equipment used in your job: City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 21 | P a g e 11. List the most frequently performed and/or most important (essential) functions of your job. Use as much space as you need (you may add pages or write on the back). Please list these functions in order of priority or percent of time, and refer to your job description, to ensure that every function is listed. City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 22 | P a g e 12. Confidentiality A. Do you have access to any of the following information: Please explain access to what? a. Official personnel file b. Lawsuits B. What is the reason for your access to confidential information? 13. Supervisory Responsibilities A. Do you supervise others? __ Yes, No If No, stop here and proceed to Section 13. B. Check which best describes your scope of supervision: (check one) I supervise a work crew or crews within a department. I supervise an entire department or departments. I supervise an entire division of departments or several divisions. C. How many full-time staff do you supervise? D. Please give the names and titles of the full-time staff you supervise: Name Title E. Do you supervise part-time staff? __Yes, No If Yes, how many? F. Do you supervise seasonal staff? __ Yes, No If Yes, how many? G. Do you hire/fire/discipline/evaluate employees? (Circle all that apply) City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 23 | P a g e Explain: H. Is the nature and volume of the work performed in your department subject to fluctuations or is it relatively stable? (i.e., seasonal changes) Explain: I. If your work is subject to changes in procedures, activities, volume and products; can you plan for the events? Explain: J. Are your staff located at the same location or are they located at several different locations? If your employees are in separate locations, please specify if only a few, many, or most of your employees are dispersed at other locations. Explain: City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 24 | P a g e K. Would you consider the nature of your work unit: (Check one) __ Routine, __ Technical, __ Specialized, __ Professional, or __ Diversified? 14. Additional Time Requirements A. Are you compensated on any hourly or salary basis? Hourly Salary If Hourly, STOP HERE and proceed to Section 14. B. Check which best describes your work schedule: I am required to work outside the normal business hours and/or at night at least one day or several days per week. I am required to work outside normal business hours daily and/or at night and/or on weekends during cyclic or seasonal periods. I am required to work outside normal business hours daily and/or at least four nights per month year- round. I may also be required to work on weekends. I am required to work outside normal business hours daily and/or at night at least six nights per month year-round. I may also be required to work on weekends and may be contacted at home at any time to respond to important situations. If any other conditions exist on a regular basis, explain: 15. Conclusion I certify that the above answers are my own and are complete and accurate. Name Date Comments by Department Head or Supervisors Indicate any exceptions or additions to the information provided by the employee. List any additional essential job functions not listed by the employee. City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 25 | P a g e Department Head/Supervisor Signature Date City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 26 | P a g e References The Executive Suite has completed many classification and compensation system plans, including Sullivan County, Lebanon, and Portsmouth, New Hampshire; Canton, Norfolk, Hopedale, Hingham, Longmeadow, Montague, Oak Bluffs, Tewksbury, Dartmouth, MA, and Bourne, MA; Old Town, ME; Coventry, RI, and Watertown, SD. Private companies include Hyannis Country Garden and Cape Tire Service, Inc. Note: Italicized reference work is for the most current work of the company. Contract Title Contract Type Contrac t Time Contrac t Amount Owner Representativ e Contractin g Activity Problems Encountere d 1. Rochester, NH Classification and Compensatio n 65 positions 12/98 to 5/99 $ 25,000 est. Mr. Mark Decoteau, Finance Director City Hall, 31 Wakefield Street Rochester, NH 03867 Subcontracto r to develop compensatio n system None 2. Sullivan County, NH Classification and Compensatio n 65 positions 12/98 to 5/99 $ 24,000 Mr. Peter Farrand, Human Resource Director, 603) 542-9511, x 216; RR 1 Box 392 Claremont, NH 03743-9403 All phases of plan development None 3. Hopedale, MA Classification and Compensatio n 32 positions 6/99 to 10/99 $ 10,000 Mr. Allan C. Klepper, Town Coordinator, (508) 634-2203; 78 Hopedale Street, Hopedale, MA 01747 All phases of development None 4. Groton, MA Classification and Compensatio n 65 positions 1/99 to 7/99 $ 25,000 Ms. Jean Kitchen, Administrative Officer, (978) 448-1111; PO Box 669, Groton, MA 01450 Position rating, classification and compensatio n plan development None 5. Lebanon, NH Classification and Compensatio n Study, Personnel Policy Revision and Update 63 positions 6/99 to 12/99 $ 23,000 Ms. Mitzi Baron, Human Resource Director, (603) 448-0683; City of Lebanon, City Hall, 51 North Park Street, Lebanon, New Hampshire 03766 All phases of project None City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 27 | P a g e Contract Title Contract Type Contrac t Time Contrac t Amount Owner Representativ e Contractin g Activity Problems Encountere d 6. Portsmouth, NH Classification and Compensatio n Study 59 positions 9/99 to 5/2000 $ 24,000 Ms. Dianna Fogarty, Human Resources Director (603) 431-2000, x 270, City of Portsmouth, Portsmouth City Hall, 1 Junkins Ave. Portsmouth, NH All phases of project None 7. RIEDC Classification Study, performance -based compensatio n matrices, compensatio n and classification policies and procedures, performance evaluation program, and development of measurable, job-based performance standards 85 positions 6/99 to 8/2000 $ 30,000 Ms. Patricia Page, Human Resources Director, (401) 222-2601 Classification , compensatio n matrix, policies and procedures None 8. Tewksbury, MA Classification and Compensatio n Study 25 positions 12/99 to 4/2000 $ 15,000 Mr. David Cressman, Town Manager, 978- 995-7128 All phases of project None 9. Canton, MA Classification and Compensatio n Study, Human Resource Audit, Performance Appraisal 111 positions 12/99 to 12/2000 $ 34,000 Mr. William Friel, Executive Secretary, (781) 821-5000 All phases of project None City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 28 | P a g e Contract Title Contract Type Contrac t Time Contrac t Amount Owner Representativ e Contractin g Activity Problems Encountere d 10. Great Barrington, Lee, & Lenox, MA Compensatio n and Benefits Study 2/2000 to 4/2000 $ 9,000 Mr. Burke LaClair, Town Manager, (413) 528-1623 All phases of project None 11. Old Town, ME Classification and Compensatio n Plan, Personnel Policies 46 positions 9/00 to 1/01 $20,000 Mr. John Lord, City Manager, (207) 827-3965 All phases of project None 12. Watertown, SD Classification and Compensatio n Plan, Personnel Policies 94 positions 12/00 to 7/01 $ 34,000 Mr. Tracy Turbak, Finance Officer, (605) 882-6203, x 15 All phases of project None 13. Oak Bluffs, MA Classification and Compensatio n Plan 40 positions 12/00 to 4/01 $ 19,000 Ms. Casey Sharpe, Town Administrator, (508) 693-5511 All phases of project None 14. Montague, MA Classification and Compensatio n Plan 56 positions 3/01to 11/01 $ 24,000 Mr. Frank Abbondanzio, Town Administrator, (413) 863-3201 All phases of project None 15. Hingham, MA Classification and Compensatio n Plan 104 positions 4/01 to 11/01 $ 34,000 Mr. Charles Christello, Town Administrator, (781) 741-1400 All phases of project None 16. Norfolk, MA Classification and Compensatio n Plan 79 positions 7/01 to 1/02 $ 24,000 Mr. Robert Markel, Town Administrator, (508) 528-1408 All phases of project None 17. Coventry, RI Classification and Compensatio n Plan, Personnel Policies, and Performance Appraisal System development 54 positions 7/01 to 8/02 $ 34,000 Mr. Francis Frobel, Town Manager, (401) 822-9186 All phases of project None City of Lake Elsinore, TX RFP# 2019-014, Classification and Compensation Study 29 | P a g e Contract Title Contract Type Contrac t Time Contrac t Amount Owner Representativ e Contractin g Activity Problems Encountere d 18. Longmeadow , MA Classification and Compensatio n Plan 45 positions 8/01 to 9/02 $ 20,000 Ms. Susan Wright, Town Administrator, (413) 565-4110 All phases of project None 19. South Hadley, MA Compensatio n Plan development 9/02 to 12/02 $ 7,000 Ms. Patricia Vinchesi, Town Administrator, (413) 538-5018 All phases of project None 20. Dartmouth, MA Classification & Compensatio n Plan Development 20 management positions 1/12 to 5/12 $ 8,400 Mr. David Cressman, Executive Administrator 978-995-7128 All phases of project None 21. Bourne, MA Classification & Compensatio n Plan Development 84 positions 10/12 to 10/13 $ 20,000 Mr. Tom Guerino, Town Administrator (508) 759-0600 Ext.1503 All phases of project None 22. Hyannis Country Garden Classification & Compensatio n Plan Development 1/18 to 4/18 $ 3,000 Ms. Jocelyn Duffley, General Manager (508) 775-8703 All phases of project None PLEASE NOTE PRIVATE EMPLOYER CONFIDENTIA L 23. Cape Tire Service, Inc. Classification Plan 1/18 to 2/18 $ 1,200 Mr. Bob Wallace, Owner 508-771-1111 None PLEASE NOTE PRIVATE EMPLOYER CONFIDENTIA L 24. Northboroug h, MA Classification & Compensatio n Plan 12/18 to 5/19 $ 28,141 Ms. Kimberly Foster, Asst. Town Administrator, 508-393-5041 All phases of project None, note will be completed in May 2019 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD EXECSUI OP ID: SG 05/06/2019 NorthStar Ins. Services, Inc. 300 First Ave, Suite 100 Needham, MA 02494 781-431-2500 781-431-6134 Philadelphia Insurance Company The Executive Suite Rutherford Advisors Inc. dba 100 Independence Dr Ste 7-116 Hyannis, MA 02601 A X 1,000,000 X Y PHPK1959844 04/01/2019 04/01/2020 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A Y PHPK1959844 04/01/2019 04/01/2020 X X City of Lake Elsinore is included as an Additional Insured under General Liability and Automobile Liability as required by written contract. LAKEELS City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 781-431-2500 Response to Request for Proposal City of Lake Elsinore: Classification and Compensation Study May 2019 Michael Ongkiko, SPHR, SHRM-SCP NFP 800.553.3903 • NFP.com Page 1 City of Lake Elsinore Classification and Compensation Study Table of Contents COVER LETTER .................................................................................................................................. 2 DESCRIPTION OF SERVICES TO BE PROVIDED ............................................................................. 4 Phase I – Project Chartering and Criteria Defined ............................................................................. 5 Phase II – Market Analysis/Survey Methodology ............................................................................... 5 Phase III – Recommendations and Finalize Next Steps .................................................................... 6 FEE PROPOSAL .................................................................................................................................. 6 LIST OF CURRENT AND FORMER CLIENTS ..................................................................................... 7 DETAILED PROJECT SCHEDULE ...................................................................................................... 8 INSURANCE ......................................................................................................................................... 9 NFP AS AN ORGANIZATION ............................................................................................................... 9 PROJECT TEAM ................................................................................................................................ 10 OTHER INFORMATION ..................................................................................................................... 11 Community Involvement .................................................................................................................. 11 APPENDICES ..................................................................................................................................... 12 Appendix I Appendix II Appendix III   NFP 800.553.3903 • NFP.com Page 2 COVER LETTER NFP HR Services, a leader in consulting services and insurance brokerage is pleased to submit this RFP response to conduct a classification, compensation, and benefits analysis for the City of Lake Elsinore and it is well suited to meet the City’s requirements. Our business model is unique and we feel strongly that we have all the tools, resources, and team members in place to meet the needs of the City of Lake Elsinore and deliver enhanced value to its leadership and employees. Employee Benefit Advisor has ranked NFP as the second fastest-growing U.S. large group employee benefits brokers, and the Largest U.S.-based privately owned broker, according to Business Insurance NFP’s HR Services provides cost-effective, flexible consulting solutions through needs assessment; project management and the outsourcing of some or all HR related functions. We also analyze and recommend workforce programs, policies, best practices and technology solutions that fit the current and future demands of your business. Our goal at NFP HR Services is to help the city of Lake Elsinore analyze and update job classifications and a total compensation philosophy and strategy to help achieve its business objectives and goals. We are able to provide strategic human resource solutions, insight and support that will create optimal value for your organization. We will work with you to help design a total compensation strategy that will enable the City of Lake Elsinore to attract and retain the best employees possible. NFP understands the purpose of conducting a custom compensation study with focus on updating the classification and total compensation for Management/Confidential employees, Middle Management employees, and General Unit Employees. As municipalities across the country compete at times essentially for the same pool of applicants, it is imperative that wages and benefits are competitive, fair and equitable in the market and similar entities across the country. NFP is a national benefits organization comprised of 215 offices across the country and 17 international offices bringing together leading-edge thinking, preferred vendor relationships, attractive products, advanced benchmarking, analytical tools, comprehensive decision and implementation support services that keep our clients ahead of the curve. NFP has more than 5,300 professionals, representing over 50,000 employer clients of all sizes throughout the country and specifically 500 Utah, and 950 California employer groups. NFP Utah has a strong presence with the following employers: government, law enforcement, physician groups, high-tech, non-profit, and manufacturing, NFP has the experience and expertise to make a difference. We provide you with access to innovative solutions, tools, superior insight and the highest quality support so you can control costs, work smarter, offer more, and make compensation and benefit decisions that best fit the unique needs of the City of Lake Elsinore’s evolving workforce. NFP provides our clients with the advantages of a large national presence, while also providing the City with local personalized attention, high levels of customer service, an understanding of market trends, and a dedicated staff that understands your business and your employees, something that other large national consulting firms struggle to achieve. NFP 800.553.3903 • NFP.com Page 3 NFP has the ability to adapt to deliver the level of service that is needed for each specific client. We are able to deliver a full-service model of strategic consulting services, tactical administrative services and compliance to our clients, or on a one-off project basis. Local NFP Offices Aliso Viejo Santa Ana 1 Santa Ana 2 Palm Springs Office Which Project Will Be Managed 3900 Traverse Mountain Boulevard, Suite 301 Lehi, UT 84043 (801) 224-9600 NFP is committed to fulfilling the requirements of this RFP. The proposal price will be valid for a period of at least 90 days. ________________________________________________________________ Michael Ongkiko, Vice President, HR Services NFP 800.553.3903 • NFP.com Page 4 DESCRIPTION OF SERVICES TO BE PROVIDED NFP understands the purpose of conducting a comprehensive Classification and Compensation Study with primary focus on establishing a consistent and fair method of job analysis for employees at the City of Lake Elsinore. This analysis is imperative in managing the compensation structure at the City and maintaining equity across the board with employees. The process established must be consistent, fair and unbiased. NFP will provide the City of Lake Elsinore with the advantages of a large national presence, while also providing personalized local attention, high levels of customer service, an understanding of market trends, and a dedicated staff that understands your business and your employees — something other large national consulting firms struggle to achieve. We appreciate and value our relationships with our clients and never take them for granted. We strive to earn and maintain client loyalty by adhering to the following standards: We are committed to upholding the highest standards of integrity and honesty in our business. We will strive to fully understand each of our client’s business objectives needs and concerns. We will always consider foremost the interest of our clients. We will communicate clearly and openly information for overall strategy, product, procurement and implementation. We will undertake a collaborative approach to complete, as needed, the Classification and Compensation Study for the City of Lake Elsinore. Our team has conducted similar projects for public employers and we feel strongly we have the tools, experience, resources and team members in place to meet the City’s needs in conducting this project and deliver enhanced value to your leadership and employees. NFP will review the compensation plan which includes salary grade levels and ranges, benefit plans and job descriptions. The current consultant that will be managing the process and project has intimate and firsthand knowledge of the challenges in recruiting and retaining employees in the public sector. NFP will recommend an appropriate salary range for each job match based on the classification plan, and compensation survey results in consultation with the City of Lake Elsinore, internal relationships, and equality. A financial impact analysis can also be included. The current classification system will be reviewed with recommendations made by NFP to improve the current system aligned with the current job market. Impact statements will be developed if changes were to be made. With any public and/or public organization, pay compression will be a relevant topic and an analysis will be completed to identify and provide potential solutions. NFP will conduct a customized survey of other internal and external regional labor market cities/counties affecting the Lake Elsinore area job market for selected full-time and part-time positions. This shall include public and private sector jobs within the same essential duties and functions. NFP will also conduct interviews on a case-by-case basis when clarification of a response from the survey questionnaire is required or further information is needed. NFP will combine its data collection, analyses, findings, and recommendations in a final report which will contain an executive summary that highlights primary findings and recommendations. NFP 800.553.3903 • NFP.com Page 5 Prior to finalizing a report, NFP will provide the City of Lake Elsinore with a draft of the report as a means of gaining input and comment on the report’s findings and recommendations, as well as planning for next steps on identified actions for implementation. A final report will be provided to the City of Lake Elsinore and a summary of the report can be presented to stakeholders for actionable steps. Phase I – Project Chartering and Criteria Defined NFP consultants will meet with the City of Lake Elsinore team and stakeholders to:  Verify the project scope, approach, resources, timing and project success criteria.  Discuss data requirements, confirm and modify if necessary criteria to identify similar cities to the City of Lake Elsinore with collaborative input from key stakeholders. Phase II – Market Analysis/Survey Methodology  Following input from stakeholder interviews, NFP will conduct a comprehensive market analysis via a customized survey. NFP will follow up with all participants multiple times to ensure the best participation. Our custom survey results have typically yielded 60-70% participation.  NFP will collaborate with the City of Lake Elsinore to identify and make recommendations for comparable labor markets.  NFP will develop a customized survey to be used in the collection of market data for the positions as defined in the scope of work. The survey will request data on the compensation and benefits offered by the participating agencies. NFP will request job descriptions for each position in the survey, org charts, base pay, incentive/bonus pay, other cash rewards, recruiting difficulty based on current pay, incumbents in job, desired market position, a breakdown of benefit coverage and cost for employer and employee, detailed information on benefits plans, ancillary benefits, retirement plan contributions (voluntary or involuntary), pension contributions, SS contribution for public employers, paid time off, leave programs, and any other salary or benefit data that is relevant to the City of Lake Elsinore.  After the market group is identified and the surveys developed NFP will begin the collection process of the data from participating agencies. The survey process will typically take about a month to allow participants ample time to participate in the survey and return the results. The recommended best practice in order to increase participation is to provide the raw data from the survey to the participants who would have a vested interest in the results. NFP will follow up with all participants multiple times to ensure the best participation. NFP can also provide an additional benchmarking resource that provides aggregate compensation data from hundreds of sources throughout the United States, including hundreds of private industries, nonprofit organizations and the public sector. Our tool contains thousands of jobs and is continuously updated, we can access and report real-time data. The database also provides multiple data points for comparison. NFP 800.553.3903 • NFP.com Page 6  In this phase of the project NFP will conduct an in-depth analysis of your overall compensation as compared to the market data collected in the surveys and NFP’s proprietary tool. We will analyze your job descriptions for the positions to be compared and determine the best match from the participating cities and identify major differences in job duties based on titles.  We will determine how the City of Lake Elsinore compares to the market and make recommendations based on our findings and the market averages. Once we have completed our gap analysis, we will provide you with formal recommendations to help move the City of Lake Elsinore closer to your goals taking into consideration both your organization’s financial and cultural objectives and the needs of your team.  In order to demonstrate the City of Lake Elsinore’s market position, NFP will compile a separate summary report for each job. Each report includes a list of cities that reported pay data and benefits for the job. For each job the consulting team will calculate the average and median, for the study cities’ Minimum, Top Out and Actual Average pay rates. The summary sheet will also show the City of Lake Elsinore’s pay rates as a percentage of the average and median.  Perform an organization-wide operational efficiency study to make recommendations as to how to better utilize existing personnel.  The consultant that will be leading the project has experience reviewing and revamping career ladders within the public sector. This experience will be advantageous in reviewing current and potentially modifying policy around career ladders to determine the desired outcome for employees and stakeholders. Phase III – Recommendations and Finalize Next Steps NFP will complete a final report with an executive summary that highlights primary findings and recommendations. A draft will be provided to all stakeholders (HR Director, HR and all City representatives) for their comment and input before the final recommendations are generated. We also provide a PowerPoint presentation, summarizing the data for each position and the organization’s competitive position compared to the relevant labor market. NFP will include the City’s stakeholders in every decision and step in the process. We undertake a collaborative approach to compensation and benefits projects. Our first step is to meet with City of Lake Elsinore’s leadership and HR team to discuss the strategy and goals of the City of Lake Elsinore’s compensation and benefits programs. We also discuss your current compensation philosophy in order to understand the impact that it has on the City of Lake Elsinore’s employment brand and its ability to effectively attract, motivate and retain talent. FEE PROPOSAL Please see Appendix I for detailed Fee Proposal. NFP 800.553.3903 • NFP.com Page 7 LIST OF CURRENT AND FORMER CLIENTS Project 1: Unified Police Department (UPD) Contact: David Warnock – Director of Human Resources: dwarnock@updsl.org 385.468.9666 NFP designed a customized survey for Unified Police Department of Greater Salt Lake (UPD) to help them understand their market competitiveness for sworn and civilian positions and benefit offerings. The survey included about 59 positions and was sent to 21 police agencies. UPD requested this study so they can remain competitive in the coming years to attract and retain qualified public safety and civilian employees. UPD requested that the NFP consulting team conduct a comprehensive survey with competing agencies in Salt Lake, Davis and Utah counties. The survey was sent to 21 police agencies of which 15 participated in the survey. NFP analyzed the data based on the market average and market median as compared to the client for each position and all benefit offerings. In addition, NFP included a separate compensation comparison for four sworn officer positions in Denver, Colorado and Las Vegas, Nevada per UPD’s request. The survey was divided into separate sections that included general information about the participating agencies, compensation data for six sworn police positions and 36 civilian positions, detailed benefit questions for health, dental, vision plans, ancillary benefits, paid time off, retirement benefits, and any other benefits provided to sworn and civilian employees. Date(s): November 2018 – March 2019 Project 2: City of South Jordan Contact: Teresa Cook – Human Resources Director: TCook@sjc.utah.gov 801.330.2893 NFP was retained by the City of South Jordan, Utah to evaluate their compensation system and generate a customized survey to confirm market pay competitiveness in a local job market that is experiencing full employment. The scope of work also included recommending changes and completing a general job matching benchmark survey to analyze the local and regional job market to determine correct market pay for each position. Recommendations and adjustments the City’s current pay plan was also initiated by the consultant. Specifically, the consultant also made recommendations to consolidate the 28 different grades to a more modern pay sale of about 14 grades for the almost 225 unique positions. Updating the compensation philosophy and introducing a pay for performance culture is also in process. Date(s): December 2018 – March 2019 Project 3: Davis Applied Technology College Contact: Russ Galt –Vice President of Administrative Services and CFO: russell.galt@datc.edu Rick Higbee – Director of Human Resources: ric.higbee@DATC.EDU 801.593.2304 A custom survey was conducted for Davis Applied Technology College with about 15 colleges to compare classified and professional positions. NFP also used our proprietary market data tool and, based on market data, made recommendations on changes to their pay grades and pay for faculty. The College wanted to be sure they were meeting the demands of the market for pay and NFP 800.553.3903 • NFP.com Page 8 wanted a third party to conduct a review of their entire compensation structure. NFP provided the College with a market ratio and compa-ratio for each job and each employee. NFP’s final deliverables were presented to the board and the new pay grades and pay increases were approved for employees whose pay was not competitive with the market. Date(s): September, 2016 – February, 2017 Project 4: Davis County Contact: Debra Alexander – Director of Human Resources: DAlexander@co.davis.ut.us Jana Bake – Assistant Director Human Resources: jana@co.davis.ut.us 801.451.3416 NFP completed a compensation and benefit study for a Davis County. Davis County has 248 unique jobs. For this study, NFP worked with them to identify 86 benchmark jobs to customize a compensation study that included 20 public agencies in the state that compete for the same talent. NFP’s consulting team also used independent market data for positions competing in the private sector. As part of the analysis, NFP identified the County’s positions that should be green and red lined, and provided recommendations to bring the County closer to the market regarding pay and compensation. NFP also surveyed participants on their benefits offerings and fringe benefits and provided the County with an analysis of their benefit package in comparison to the market. Date(s): June 2016 – August 2016 Project 5: Salt Lake City Contact: David Salazar –HR Program Manager: David.Salazar@slcgov.com 801.535.7906 NFP was engaged by Salt Lake City to conduct a unique survey and compensation project to identify U.S. cities that are similar, based on specific criteria. NFP worked closely with stakeholders to identify over 20 criteria and crafted specific questions to ask, and included compensation data for ten public safety, five police and six fire positions. The survey was sent to 55 city governments in the U.S. NFP analyzed the responses of the participants and identified 15 cities that had similarities. Date(s): July 2015 – October 2015 DETAILED PROJECT SCHEDULE Weeks 1-2 Project Chartering and Criteria Defined. Initial meeting with the City of Lake Elsinore regarding project and timelines and deliverables. Weeks 3-17 Market Analysis and Survey Methodology Weeks 18-21 Recommendations and Finalize Next Steps Weeks 22-24 Finalize recommendations and present to stakeholders Timeline to complete this project is 20-24 weeks from the kick off date. Our timeline is flexible and will be dependent on the time it takes for the City of Lake Elsinore to provide NFP the information NFP 800.553.3903 • NFP.com Page 9 and feedback required. All work will be implemented in accordance with the June 30, 2020 deliverable and in time for communication to employees and stakeholders and implementation. However, NFP timelines can be fluid depending on sense of urgency and commitments from stakeholders and human resources. INSURANCE NFP will meet the insurance requirements per Item 15 of the City’s standard Professional Services Agreement. Certificates of Insurance will be provided to the City upon execution of the agreement as evidence of the insurance coverage required. Copies of proof of insurance can be found in Appendix II NFP AS AN ORGANIZATION Established in 1999, a publicly traded company between 2003 and 2013, and currently majority- owned by funds associated with private equity firms, NFP has grown to become a leading provider of benefits, insurance and wealth management services. Headquartered in New York, with a full-service resource center in Austin, TX, the company has expanded organically and through acquisitions to our current footprint of: The scope of services included within this RFP is provided through our Insurance Brokerage and Consulting group, which advises on corporate and executive benefits, HR services, retirement plans, and property and casualty insurance. This group also provides retail and wholesale life insurance brokerage and wealth management services. HR Services include talent acquisition, training and development, compensation and benefits strategy, performance management, policy, HR and payroll administration, and HR compliance. Beyond insurance and retirement, NFP provides first rate Human Resources consulting. In the Western Region of NFP, we conduct upwards or 25 compensation studies a year for new and existing customers. Our focus is helping organizations reach their business objectives, regardless of industry, company size or location. Although we have the national resources and deep expertise of a large company, you’ll get the one-on-one attention you typically only find at a small, boutique firm. Because to us, business is personal. A full range of capabilities, without feeling like you’re lost in the shuffle — that’s what makes us different. And we can’t imagine working with you any other way. NFP 800.553.3903 • NFP.com Page 10 The NFP consulting team has the experience required to conduct Classification and Compensation Studies for the City of Lake Elsinore. NFP and, specifically, the consultants who would be assigned to this project are well suited to accurately complete these projects related to the City of Lake Elsinore and their specific employee and administrative needs. PROJECT TEAM The project team will consist of the following individuals: Michael Ongkiko, SPHR, SHRM-SCP VP, HR Services/Project Manager – Compensation Consultant (Resume in Appendix III) Michael has 20 years of experience in Human Resource Management and has held executive level HR positions within the private and public sectors. Michael has had success meeting the business objectives of organizations by aligning the HR strategy within the broader business strategy and improving operational efficiencies, reducing operating costs and fostering positive employee relations. Most recently, Michael has spent the last five years as the HR Director for Salt Lake County providing strategic leadership and operational support to managers as well as public safety personnel. Part of the strategic initiatives while employed at Salt Lake County was successfully restructuring and modernizing the compensation structure that included moving to a market based compensation system, adding additional pay structures, job slotting of almost 800 County positions, finding a solution to reduce a $25 million compression issue and the revamp of compensation policy focusing on employee engagement and career advancement. This compensation restructure included public safety positions within the Sheriff’s office. Michael was also the Compensation and Organization Planning Manager for a medium sized sales and manufacturing firm that encompassed over 100 sales offices and 40+ manufacturing facilities. Michael has also led the HR strategic functions for a public transit organization and manufacturing organizations in the Midwest. Mike was the VP/Executive Director of Human Resources for Cincinnati Metro, a fixed-route bus service within the metro Cincinnati region handling over 17 million riders per year. Mike has intimate knowledge of some of the challenges that public transit can bring and is experienced with the different titles, structure, organized labor, processes, procedures and responsibilities of transit and transit positions. As mentioned prior, as the HR Director for Salt Lake County, Mike led the restructuring and modernization of the entire compensation structure for the organization. Part of the responsibilities that Mike also had was managing the day to day responsibilities of the Compensation and Classification team (CCR) of eight team members. The team and the HR Director averaged over 120 classification requests on an annual basis with final approval by the HR Director. Procedure dictated that every Salt Lake County employee could appeal their classification decision and the HR Director would have final analysis and decision regarding the appeal by the employee. The appeal decision by the HR Director was final and binding. Under Mike’s leadership, was the responsibility to collect enough information from agencies and to conduct an internal and an external review which may include a pay equity analysis in order to make proper classification recommendations. The goal was always to have the process and procedures applied consistently and with full transparency. Mike has a number of years working with labor, collective bargaining and employee associations. His detailed experience in classifications uniquely qualifies NFP for this project. NFP 800.553.3903 • NFP.com Page 11 Dave Jackson, SPHR, SHRM-SCP Managing Director/Compensation and Market Analyst (Resume in Appendix III) Dave has completed many compensation studies for both private and public sector entities. Dave has over 30 years of experience working in employee benefits and human resource consulting. Dave works with some of Utah’s largest and most notable employers. He is a nationally known health reformer and has been instrumental in the development, implementation and promotion of Utah’s health system reforms that predate the ACA by several years. He has been a consultant to the State of Utah for health system reform matters and was appointed by Governor Jon Huntsman Jr. to the Utah Defined Contribution Risk Adjustment Board as the citizen representative and reappointed by Governor Gary R. Herbert in the same capacity. Dave currently serves as its chairman. NFP commissions an annual Utah Employee Benefit Study that measures 30 keys segments of the Utah marketplace that includes private and public sector organizations. Rachel Burt, PHR, SHRM-SCP HR Consultant will be a compensation, classification, and benefits analyst (Resume in Appendix III) Rachel has over 15 years of expertise and continued education in Human Resources. In addition to companies she has worked as Human Resources management, she also consulted multi-state companies in the implementation of strategic projects which focused on employee engagement and retention. In her role as an HR consultant at NFP, she regularly advises clients on HR strategy, anti-harassment training, compensation benchmarking, employee retention strategy, policy development, and has assisted in clients’ development of their managers and employees. She has been an active member of SHRM for several years, is a certified PHR, SHRM-CP, and SHRM, SCP, and has a Bachelor’s degree from Utah Valley University majoring in Integrated Studies. Her emphases were Business Management and Community Health. She has been with NFP for nearly five years. Chanel Stoven Marketing Director to run custom graphs and reports for final report (Resume in Appendix III) Chanel has over six years’ professional experience in the communications and marketing field. Chanel’s focus includes working with clients to develop customized communication and engagement campaigns. Additionally, she oversees all standard client communication pieces. Chanel is the Conference Committee Chair for NFP’s annual client conference, Turning Point, and she organizes the yearly client trainings and workshops. Chanel received her communications degree from Brigham Young University in 2014 and has been with NFP for nearly five years. OTHER INFORMATION Community Involvement Every day we make a conscious choice to take care of the communities in which we live and work. From charity drives and community service outings to other company-sponsored events, our employees donate their time and raise funds on behalf of great causes across the country. Our local employees in Orange County are dedicated to giving back to their community. On a regular basis their team members volunteer at the Second Food Bank of Orange County. Second NFP 800.553.3903 • NFP.com Page 12 Harvest feeds over 250,000 hungry children, seniors and families in Orange County each month. They have also assisted at the Youth Shelter in Laguna Beach, where they helped improve their living space by painting, cleaning and planting flowers to support their mission of providing a short-term crisis intervention residential program to Orange County's at-risk youth. Annually, the Aliso Viejo office participates in the Friends & Helpers’ Adopt a Family initiative and help families in Orange County with Christmas gifts for entire families in need. They also collectively gather their gently used business attire to donate to Working Wardrobes which helps Southern California men and women with professional wardrobe services. APPENDICES Appendix I – Fee Proposal Appendix II – Proof of Insurance Appendix III – Project Team Resumes NFP 800.553.3903 • NFP.com Appendix I    Task   Cost  Review of  Positions and  Comprehensive  Classification &  Compensation  Study   Examine all existing job descriptions and prepare comprehensive job descriptions  with recommended modifications for all categories. Job descriptions for all  categories are to be examined for compliance with the Americans with Disabilities  Act (ADA), and recommendations for any changes should be made to ensure  compliance with ADA/EOE.   Conduct a comprehensive compensation survey and make recommendations for  wage and salary changes to existing and proposed positions to assure internal  equity and external competitiveness. The method in which to perform this  analysis is to be determined by the consultant.   Perform a survey of surrounding governmental entities comparing the level of  payments made on behalf of employees by the respective areas comparable to  the City of Lake Elsinore.    $25,500  Classification &  Compensation  Recommendations   Perform an organization‐wide operational efficiency study to make  recommendations as to how to better utilize existing personnel.   Demonstrate career ladder in each job family and create promotional pathways  for employees to follow.   Make recommendations for which classifications should fall into a represented  category.   Submit a recommended salary and compensation plan, with pay range  assignments on the basis of internal equity and external competitiveness.   Submit an implementation strategy for the updated compensation system with  lowest financial impact on the city’s operating process.  $29,500  Present Results of  Study   Presentation of the salary study to appropriate city staff. Includes travel.    $3,500  Total  $58,500       Task   Cost  Extra Services   Compression Analysis, if applicable.   Financial Impact Analysis    Negotiable,  with written  authorization  from the City    NFP 800.553.3903 • NFP.com Appendix II SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/2/2018 NFP Property &Casualty Services,Inc. 45 Executive Drive Plainview NY 11803 Angela Zicca 914-406-7946 212-301-1196 azicca@nfp.com Underwriters Lloyds London 32727 NFPULTI-01 NFP Ultimate Holdings,LLC and all its subsidiaries 340 Madison Avenue,20th Floor New York NY 10173 1801368835 A Misc.Professional Liability E&O HMPL170094 10/14/2018 10/14/2019 Each Claim Aggregate Deductible $5,000,000 $5,000,000 $50,000 Coverage under this policy extends to the NFP Entity.*Subject to policy terms and conditions. Coverage extends to NFP Corporate Services (UT),Inc.,a subsidiary of the insured,located at 3900 N.Traverse Mountain Blvd.,Suite 301,Lehi,UT 84043. NFP Corporate Services (UT),Inc. 3900 N.Traverse Mountain Blvd. Suite 301 Lehi UT 84043 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/29/2018 NFP Property &Casualty Services,Inc. 45 Executive Drive Plainview NY 11803 Angela Zicca 914-406-7946 212-301-1196 azicca@nfp.com Everest Indemnity Insurance Company 10851 NFPULTI-01 NFP Ultimate Holdings,LLC and all its subsidiaries 340 Madison Avenue,20th Floor New York NY 10173 64745671 A LAHB/P&C E&O FL5EO00130-181 4/1/2018 4/1/2019 $10,000,000 $10,000,000 $100,000 Each Claim Aggregate Retention Coverage under this policy extends to the certificate holder and NFP Entity.*Subject to policy terms and conditions. Coverage extends to the following licensed LAHB agents under NFP Corporate Services (UT),Inc.,a subsidiary of the insured,located at 3900 North Traverse Mountain Blvd.,Suite 301,Lehi,UT 84043. S.David Jackson |Wayne Rigby |Lyle Swenson |Richard Benson |Jared Benson |Tom Brand |RaNell Coleman |Emily Cunningham |Brad Davis |Libby Deliote |Shad Evans |Brantz Gentry |Ben Grimm |Richard Johnson |Wendy Wright |Russell Johnston |Derelys Patrick |Jeff Scott |Jeremy Sewell |Susan Weisenburger |Rachel Burt |Melissa Montague |Maren Moulton |Maegan Clawson |Clint Wadsworth |Alexa Wright NFP Corporate Services (UT),Inc. 3900 N.Traverse Mountain Blvd. Suite 301 Lehi UT 84043 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/2/2018 NFP Property & Casualty Services 45 Executive Drive Plainview NY 11803 Angela Zicca 914-406-7946 212-301-1196 azicca@nfp.com Atlantic Specialty Ins Co 27154 NFPULTI-01 Hartford Insurnce Company of the Midwest 37478NFP Ultimate Holdings, LLC and all its subsidiaries 340 Madison Avenue, 20th Floor New York NY 10173 422734609 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X 7120079060010 1/1/2018 1/1/2019 2,000,000 B X Y 12WBZT5674 1/1/2018 1/1/2019 1,000,000 1,000,000 1,000,000 Coverage extends to NFP Corporate Services (UT), Inc. (f/k/a First West Benefits Solutions), a subsidiary of the insured. NFP Corporate Services (UT), Inc. (f/k/a First West Benefits Solutions) NFP 800.553.3903 • NFP.com Appendix III MICHAEL J. ONGKIKO, SPHR, SHRM-SCP STRATEGIC HUMAN RESOURCES EXECUTIVE Business Management & Senior HR Operational Leadership Employment Law Compliance ~ Positive Employee Relations A strategic business leader and senior-management team member with expertise in Human Resources including Union and Employee Relations applied within Fortune 500, multi-site, corporations in diverse industries plus major / large-scale government services. Proven success meeting the business objectives by aligning the HR strategy within the broader business strategy and improving operational efficiencies, reducing operating costs and fostering positive employee relations - Core skills include:  Employee Attraction & Retention  Mergers & Acquisitions  Labor and Union Relations  Legal Compliance  Organizational Management  Strategic Business Planning  Compensation & Classification  Performance Management  Staff & Executive Development  Training & Development EXPERIENCE NFP, http://nfp.com Lehi, UT 2018 to Present 4,300 employees - national leader in consulting and insurance brokerage Services Vice President, HR Services Develop human resource strategies and solutions for clients across the western region. Provide solutions f ocused on driving the growth and development of organizations by helping them develop sustainable processes and strategies and identify the risks t hat threaten their ability to grow their business. SALT LAKE COUNTY, http://slco.org Salt Lake City, UT 2013 to 2018 7,000 employees - government services provider and political subdivision of the State of UT Director of Human Resources  Key and contributing member of the Mayor’s cabinet, the senior management team and the HR Dept. leader with a team of 32 staff providing strategic leadership and operational HR support within a high profile, politically-charged and highly scrutinized service-provider - supporting elected and appointed leaders, operations managers and county rate-payers – applying principled HR practices and leading policy administration, legal compliance, ethics, best practices, training & development.  Lead, train, mentor, evaluate and direct a team of 32 service-oriented HR staff – attracting and retaining employees and fostering a collaborative and supportive, high-performing, positive employee-relations work environment.  Reduced health-care costs by 3.2% / $1.2M by leading a cost-savings, consumer-oriented employee culture, promoting HDHP to decrease cost trends of double-digit annual increases.  Saved $685K within 18 months by initiating the first employee medical-clinic to contain costs.  Successfully restructured and modernized the compensation structure that included moving to a market based compensation system, adding pay structures, job slotting of almost 800 County positions, reduc ed compression and revamp of compensation policy focusing on employee engagement. SORTA / CINCINNATI METRO, http://www.go-metro.com Cincinnati, OH 2010 to 2013 Southwest Ohio Regional Transit Authority operates fixed -route bus service within the metro Cincinnati region. Metro is a tax supported, independent political entity of the State of OH – 900+ employees. VP / Executive Director of Human Resources - EEO Officer  Principal HR executive, leading a team of 9 HR staff, reporting directly to the CEO, and contributing member and advisor to the senior leadership team with core responsibilities for labor-law (Federal State, County & City) compliance plus long-range, strategic planning, change-management and Human Capital Development initiatives. Principal Labor Relations and Management Labor Contract(s) Negotiator plus directing compensation, benefits, attraction & retention and positive employee relations.  Reduced absenteeism by 4%/month – achieving $500K+ in overtime costs.  Chief Spokesperson - negotiated multiple collective agreements – retained operational control and controlled labor costs.  Developed and implemented HR management principles, organizational structure, and policies and procedures to align the workforce with the organizations’ vision, mission, values and business plans.  Directed the organizational succession plan for key positions and established/managed the CEO bonus and compensation plan. QUAD/GRAPHICS www.qg.com (formerly World Color), Lebanon, OH 2008 to 2010 450 employee division of the international, commercial printer – formerly owned by World Color which was acquired by Wisconsin based Quad/Graphics who closed and merged this division into their facilities in WI. Human Resources / EHS Manager – Acquisition / Transition Manager  Successfully managed the acquisition, merger and eventual closure of this division – meeting critical customer needs, time-lines and budget constraints while retaining / motivating key decision makers and technical staff to safely close the operation.  Reported to the division VP/GM with dotted-line reporting relationship to multiple corporate HR executives during the sale, acquisition and closure process – successfully achieving a smooth lay-off/downsizing process with no incidents.  Mentored, guided and coached the Sales & Customer Service, Pre -Production, Operations, Warehousing, Maintenance & Engineering and Distribution leaders and their staff – successfully developing and implementing principle-based HR policies and procedures to foster safe and productive environments for all employees and fostered positive union -free relations in this profitable division.  Reduced OSHA Recordables by 87% / Zero Lost Time Accidents with year-to year reductions in Workers’ Comp. claims by initiating and implementing an EHS plan/program and a proactive Safety Committee. Earned Number 1 Safety Rating amongst 52 plants within World Color.  Assembled successful talent-acquisition channels and a robust succession planning program.  Met the division profit targets by realigning and initiating cost-reduction and control measures to EBITA and financial goals. TAKUMI STAMPING, INC. http://takumistamping.com Fairfield, OH 2005 to 2008 Global manufacturer of innovative automotive components / 2 plants / 500+ employees - Tier One supplier to Toyota Manufacturing Human Resources Manager  Reported directly to the President and with a team of 3 HR staff, reduced employee -turnover by 30% by implementing a longer orientation and improved training.  Saved $2.2M by developing and implanting an employee-involvement, continuous process improvement program. ENTREPRENEUR / SELF EMPLOYED / SMALL BUSINESS OWNER, Cincinnati, OH 2003 to 2005 Started, co-owned & operated Aspen Salon and Day Spa, Inc. – a successful, profitable, 2,400 sq. ft. / staff of 20 operation. Built the business from design through construction - advertising & marketing. Sold the business to local plastic surgeons. CONTECH CONSTRUCTION PRODUCTS, INC., www.conteches.com Middletown, OH 1995 to 2003 A leading provider of site solution products and services for the civil engineering industry in the U.S., Canada and Mexico. The portfolio includes bridges, drainage, erosion control, retaining walls, sanitary sewer, and storm -water products. Manager – Compensation & Organization Planning.  Directed Corporate Recruiting and Employee Benefits, Training & Development and Compensation.  Managed merit budget and compensation plans including design and administration of sales and manufacturing incentive plans. EDUCATION, PROFESSIONAL DEVELOPMENT and COMMUNITY LEADERSHIP  Education: Masters in Labor and Employment Relations/HR – University of Cincinnati, OH Bachelor of Arts Political Science – University of Cincinnati, OH  Certification: SPHR / SHRM-SCP  Leadership: Leadership and Communications training including Performance Planning & Management, Reviewing Progress & Performance, Analytical Problem Solving and Conflict Resolution, LeadNOW-Kansas Leadership Institute.  Process Improvement: Lean Manufacturing and Continuous Process Improvement applications (6S, Six Sigma, Kaizen, KANBAN inventory process control and GEMBA walks)  Compliance: Labor Relations / HR Legal Compliance training including Harassment Awareness, FMLA, ADA, Diversity, etc. Continuously attend HRCI certified educational seminars to remain current.  Safety & Environmental: Safety (OSHA compliance) & Hazardous Materials (MSDS and Waste/Spill Handling) Ergonomics, Hearing Conservation, Machine Guarding, Lock-Out / Tag-Out, Fire Prevention & Extinguishers, Personal Protective Equipment (PPE), and Emergency Procedures / Evacuation. S. DAVID JACKSON, SPHR, SHRM‐SCP _____________________________________________________________________________________ 801.367.8213 dave.jackson@nfp.com CORPORATE EXECUTIVE, BENEFIT & HR CONSULTANT, HEALTH REFORM ADVOCATE ———–––————————————PROFESSIONAL PROFILE———————————————— • High performing Corporate Executive with expertise and experience in building and optimizing organizational processes, policy, procedures, measurements and infrastructure to maximize business results in the financial service industry • Skilled Strategist who transforms strategic plans into workable solutions and benchmarks performance against key operational targets and goals • Over twenty five year proven track record of successfully planning, building and delivering optimal results in the competitive and evolving employee benefits and insurance industry market place • Progressive, innovative, skilled and experienced Benefit & Human Resource Consultant who has had significant impact on business practices in the regional market place • Public advocate for healthcare and insurance market reform. Proven success in affecting change and reform with stakeholders ———–––—————————————AREAS OF EXPERTISE————————————————                   ———–––————————————PROFESSIONAL EXPERIENCE—————————————— Managing Director North West USA All Business, Benefit & HR Consultant, NFP, Orem, UT 2016‐ Present • Oversee 100+ employees and strategic operations of employee benefits consulting & P&C Firms • Manage firm’s resources, time frames, service and compliance models • Manage Human Resources and Finance processes • Provide Benefit & HR Consulting Services to large employers in intermountain area President, Benefit & HR Consultant, FirstWest Benefit Solutions, Orem, UT 2004‐ Present • Oversee thirty‐five employees and strategic operations of local employee benefits consulting firm • Manage firm’s resources, time frames, service and compliance models • Manage Human Resources and Finance processes • Provided leadership of company growth from $530,000 to $5 million in yearly revenues in 5 years • Provide Benefit & HR Consulting Services to large employers in intermountain area • Initiated market leading/changing HR and benefits technology into Utah market place • Strategic Planning & Leadership • Operational Processes • Organizational Design & Development • Project Planning/Execution • Problem Solving • Decision Making • Customer Satisfaction • Deployment of Assets & Resources • Productivity and Efficiency Improvement • Change Management • Performance Management • Numerical Reasoning • Negotiations, Persuasion, & Communication • Financial Analytics & Modeling • P&L Management • Employee Benefits • Training & Leadership Development • Multi‐site Operations • Total Quality Management • Risk Management • Operating Infrastructure • Continuous Improvement of Operational Processes & Standards • Human Capital Management • Human Resource Compliance President, Health Insurance Agent/Producer, First West Brokerage Services, Orem, UT 1987‐ 2004 • Oversaw four agents and staff of employee benefits agency with $530,000 in yearly revenues • Initiated sales, marketing and service of employer based health, disability, life, flex, and retirement plans to individuals and businesses along the Wasatch Front • Managed agency resources, time frames, service and compliance models   Life Insurance Agent, American Amicable Life Insurance Co., Waco, TX 1985‐ 1987 • Initiated sales, marketing and service of term, universal life insurance and annuities to individuals and businesses along the Wasatch Front • Met production requirements and was recognized as one of the ‘rookies’ with the most potential in the financial services industry —————–––———————PROFESSIONAL LICENSES & DESIGNATIONS——————————— • Life, Health, & Disability Consulting License, Utah • Life, Health & Disability Producers License, Utah, Colorado, Arizona, Wyoming, Nevada • Securities License Series 6, United States • Securities License Series 63, United States, Utah • Senior Professional of Human Resources (SPHR), HRCI • Senior Certified Professional (SHRM‐SCP), Society of Human Resource Managers ———–––——————————PROFESSIONAL LEADERSHIP & SERVICE——————————— • Board Member, Utah State Health Data Committee Governor’s Business Appointee 2018‐ Present • Board Member, Utah State Risk Adjustment Board, Governor’s Citizens Appointee 2009‐ Present • Board Member, Utah State Risk Adjustment Board, Chairman 2010‐ 2011, 2014 ‐ Present • Advisory Council Board Member, NFP Benefit Partners 2011‐2017 • Board Member, Human Resource Association of Central Utah, 2003‐2011 • Chairman of the Board, First West Brokerage Services 1987‐ 2016 • President, Human Resource Association of Central Utah, 2008 • Executive Board Member, Utah State SHRM Council, 2008 • President, Central Utah Association of Health Underwriters, 2006 • Board Member, Utah Association of Health Underwriters, 1993‐ 2006 • National Advisory Board Member, The Hartford 2005 • National Advisory Board Member, Kemper Mutual Funds 1991‐1997 • National Advisory Board Member, Scudder Mutual Funds 1997‐1999 • Retirement Plan Advisory Board Member, Fidelity Mutual Funds 1998‐1999 —————–––—————————AWARDS AND ACKNOWLEDGEMENTS———————————— • 2006 Utah Health Underwriter of the Year, Utah Association of Health Underwriters • Silver Beaver Award, Boy Scouts of America ———–––———————————————EDUCATION—————————————————— • College/University, Dixie College St. George, UT, Brigham Young University, Provo, UT University of Utah, Salt Lake City Utah, 1980‐1986 • High School, Springville High School Springville UT, General Education 1977‐1980 RACHEL BURT PHR, SHRM-CP, SHRM-SCP (801) 367-1355 rachel.burt@nfp.com Human Resources Professional offering 15 + years of progressive experience ensuring the culture and structure of an organization work collectively for the greatest organizational success. Experience in successfully managing a complex, competitive benefits program for over 700 employees across the U.S. Proven success with HR Consulting clients on issues of HR strategy, training, compensation benchmarking, employee retention strategy, policy development, and performance management. Strengths include: • Demonstrated success in employee relations • Knowledge of labor law, with additional knowledge of California labor law • Extensive experience in human resources policy design and administration • Very skilled in anti-harassment training and EEO compliance • Proven ability in benefits design and management • Experience in implementation and management of HRIS systems • Knowledge of PPACA, including employer requirements and wellness programs • PHR, SHRM-CP, and SHRM-SCP Certified EXPERIENCE NFP - LEHI, UT 2014-PRESENT Human Resources Consultant/Benefits Account Manager NFP HR Services takes the time to understand clients’ business needs and objectives and to recommend best practices and solutions that fit the current and future demands. NFP’s customizable solutions include, compensation strategy, HR outsourcing, training and development, employee engagement programs, performance management, HR policy and practices review, HR administration and workflow analysis and HR compliance.  HR Consulting  Provide regulatory compliance guidance relating to client benefit plans and employment law  Facilitate training/orientation sessions to communicate benefits  Educate clients on health reform changes  Resolve benefit client concerns regarding billing, claim payment and enrollment TD AMERITRADE/INVESTOOLS – DRAPER, UT 2003 – 2010 Benefits Manager Successfully managed a complex, competitive benefits program including enrollment procedures, claims processing and vendor relations. Managed employee relations in order to protect company’s assets, while still remaining an advocate for employees. Co-authored development and maintenance of policies and procedures. Empowered Human Resources department employees by promoting creative thinking processes and developing individual problem solving skills; guiding department as influential strategic planning committee member.  Successful management of a complex, competitive benefits program for over 700 employees across the U.S.  Successfully developed and managed alignment of benefit plans through four company acquisitions  Assisted in facilitation of all aspects of Human Resources including benefits, workforce analysis, job mapping, and employee development - co-authored development and maintenance of policies and procedures  Recognized for success as a business partner in corporate cultural changes, reducing employment liability, and improving morale and productivity.  Significant contributor to the re-positioning of the human resources department to improve its credibility by establishing a business partner model with emphasis on customer service rather than a bureaucratic model  Advised managers on key workforce and organizational issues critical to growth, retention and profitability  Successfully assisted TD Ameritrade’s Human Resources department to educate and enroll Investools’ employees in an entirely new benefit plan after being acquired CERTIPORT – AMERICAN FORK, UTAH 1999 – 2003 Executive Assistant/Human Resources Assistant Processed benefits, assisted with employee development and maintained employee files. Managed executive schedules, meeting arrangements, correspondence, research, and tracked expenses. Directed the management of facilities. Coordinated travel for all company business travelers and guests, negotiated deals for airfare, accommodations, and car rentals, and ensured travel was timely and suitable to traveler’s needs.  Promoted from Customer Services, to Corporate Receptionist, to Executive Assistant in less than a year.  Sensitively handled confidentiality, including privileged communications, records, and disciplinary proceedings. EDUCATION BACHELOR OF SCIENCE Utah Valley University OREM, UTAH 2011 - 2014 Integrated Studies – Emphases in Business Management and Community Health  Completed and defended an undergraduate thesis titled, Workplace Wellness: Investing in a Culture of Health  Achieved Dean’s List in four out of five full-time semesters (3.71 GPA) while completing undergraduate education AFFILIATIONS Member, Society for Human Resource Management Member, Human Resources Association of Central Utah VOLUNTEER EXPERIENCE Founding Member, FanX® Salt Lake Comic Convention™ Community Council - The council provides and oversees policy and education in regards to FanX events with a focus on prevention and deterrence of any harassment before it starts. CHANEL L. STOVEN chanelstoven@gmail.com 760-560-7778 EDUCATION Brigham Young University Bachelor of Arts Communications, Public Relations Emphasis Public Relations Student Society of America Member Awards & Recognitions: 2013 Best Interviewing Skills Award, Articles Published on Front page of The Daily Universe, Five- Semester Scholarship Recipient June 2014 Provo, UT WORK EXPERIENCE NFP Senior Marketing & Communications Manager • Strategically plan and execute Western Region marketing and communication goals • Fiscal responsibility overseeing marketing, corporate and facilities/maintenance budgets • Plan and coordinate regional events for clients and prospects to position the organization as industry leader and innovator • Improve integrated selling and market capacity for the West Region • Hire and manage marketing team members and corporate admins • Developed marketing and communications processes that have been implemented on a national scale BYU Men’s Soccer Manager and Media Relations Director • Managed PR teams to coordinate events, press releases and website content • Increase game attendance by 30 percent in 2014 Bradley Public Relations Agency Account Director • Managed 15 account executives and coordinators between 4 clients • Created and executed strategic campaigns for clients Sep 2014 - Present Lehi, UT Feb 2013 - Jan 2015 Provo, UT Sep 2013 - Dec 2013 Provo, UT VOLUNTEER EFFORTS Women Tech Council PR and Communications • Help plan and execute communications for the program which focuses on the economic impact of women driving high growth for the technology sector through developing programs that propel the economic pipeline Jan 2017 - Present Salt Lake City, UT CHANEL L. STOVEN chanelstoven@gmail.com 760-560-7778 Boy Scouts of America Cub Scouts Den Leader • Responsible for planning and holding weekly den meetings and monthly pack meetings for Cub Scouts BYU Women’s Services & Resources Youth Mentor • Once a week met with middle-school girls and discussed important topics about character and self-esteem building Make-A-Wish Volunteer Fundraiser Coordinator • Coordinated three fundraisers totaling in $120,000 for the foundation • Designed an online blog to promote volunteer efforts Aug 2014 - Present Pleasant Grove, UT Sep 2011 - Jan 2012 Provo, UT Jan 2008 - March 2011 Vista, CA SKILLS • Advanced in Strategic Planning, AP Writing, Public Speaking and Leadership • Expert in Adobe Creative Suite, WordPress, Microsoft Office, Cision, Sales Force, Sales Loft, Surveys, Email Marketing, Social Media, Tableau, and Events AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the “Agreement”) is made and entered into as of the 9th day of July, 2019, by and between the City of Lake Elsinore, a municipal corporation (''City") and Warren Rutherford DBA The Executive Suite, a professional recruitment, placement, human resource, and management consulting and coaching firm ("Consultant"). RECITALS A. City desires to retain Consultant to perform a class ification and compensation study in the City and Consultant desires to provide such professional services and related work as set forth in this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue [until completed in accordance with the schedule set forth in the Scope of Work (Exhibit A)] or [for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of three (3) years.] 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $45,612 without additional written authorization from the City. Expenses set forth in Exhibit B shall be reimbursed at cost without an inflator or administrative charge; provided however that approved subconsultants listed in Exhibit D may be billed at cost plus 10%. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. Page 1 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not Page 2 use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8.Consultant's Books and Records. a.Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3)years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b.Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: Page 3 Page 4 a.will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b.possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11.Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13.Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 14.Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15.Insurance Requirements. a.Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i.Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in Page 5 accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. ii.General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii.Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv.Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b.Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i.The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii.This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii.This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv.The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi.The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d.Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. Page 6 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to Page 7 Page 8 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: By: By: Printed Name: Printed Name: Title: Title: Business License # APPROVED AS TO FORM: ATTEST: City Attorney City Clerk Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption From Workers’ Compensation Insurance Exhibit D – List of Subcontractors Page 9 EXHIBIT "A" SCOPE OF SERVICES Page 10 EXHIBIT "B" SCHEDULE OF CHARGES Page 11 EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers’ Compensation Laws of the State of California. Executed on this day of ,20 at , California. Consultant Page 12 EXHIBIT "D" LIST OF SUB-CONSULTANTS / SUBCONTRACTORS