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HomeMy WebLinkAboutO-2001-2473 e . ORDINANCE NO. 2001- ~"'1.3 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR PROFESSIONAL HUMAN RESOURCE MANAGEMENT CONSULTING SERVICES BETWEEN THE CITY OF LA PORTE AND MGT OF AMERICA, INC. , TO ASSIST IN DEVELOPING PLANS AND PROGRAMS THAT CONFORM TO FEDERAL, STATE AND LOCAL REQUIREMENTS; APPROPRIATING NOT TO EXCEED $45,906.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking descr ibed in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed ..' $45,906.00 from the following City of La Porte funds, to-wit: . General Fund Non-Departmental Consulting 001-6146-515-5004 $ 17,500.00 . General Fund Non-Departmental Contingency 001-6146-515-9050 5,453.00 . utility Fund Non-Departmental Consulting 002-6176-515-5004 17,500.00 . utility Fund Non-Departmental Contingency 002-6176-515-9050 5.453.00 TOTAL: $ 45,906.00 ..j e e ORDINANCE NO. 2001- ~~f).3 PAGE 2 section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 19th day of March, 2001. By: CITY o~ ~~. al e, Mayor ATTEST: ~a. ./11l14 Mar a A. Gillett, City Secretary Z2:J~~ Knox W. Askins, - City Attorney ., e e AGREEMENT TO PROVIDE PROFESSIONAL HUMAN RESOURCE MANAGEMENT CONSULTING SERVICES to CITY OF LA PORTE, TEXAS THIS AGREEMENT, entered into this 19th day of March, 2001, and effective immediately by and between MGT of America, Inc, (hereinafter called the "Consultant") and the City of La Porte (hereinafter called the "City"), WITNESSETH THAT: WHE~EAS, the City is interested in obtaining professional human resource management consulting services to assist in developing plans and programs that conform to Federal, State, and local requirements and that will be approved by its' City Council, . WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the development of human resource management systems: NOW THEREFORE, the parties hereto mutually agree as follows: 1. EmDlovment of Consultant. The City agrees to engage the Consultant and the Consultant hereby agrees to perform the services described in the "Scope of Services" listed below. 2. ScoDe of Services. The Consultant shall do, perform and carry out in a good and professional manner human resource management consulting services as may be requested by the City, which may include, but are not limited to, the following: . Finalize Project Work Plan and Conduct Project Orientation . Gather and Evaluate Current Job Data . Conduct Market Salary Survey . Evaluate the Current Classification and Compensation Plan . Develop Proposed Classification and Compensation Plan . Develop Job Descriptions and Performance Evaluation System . Redesign the Performance Management Program . Prepare and Deliver Final Report and Presentations MGT hereby offers and agrees to provide consulting services on the City's classification and compensation systems as more clearly set forth in the Request for Proposals #0084, and Consultant's Proposal submitted on February 05,2001 in response to the Request for Proposals. Those documents and all representations made therein are hereby incorporated into this Contract as if fully set forth herein, 3. Governina Law. With the exception bf information in Item 14, the parties agree that this Agreement shall be governed by the laws of the State of Texas, Venue of all actions shall be in Harris County, Texas. Human Resource Manager! Consulting Services City of La Porte, TX e 4. Authority. Each party hereby warrants and represents that their respective signatures set forth below have been and are on the date of this Agreement duly authorized by all necessary and appropriate corporate action to execute this Agreement. 5. Force Maieure. None of the parties hereto shall.be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly form acts of God, military authority, civil disturbance, war, strikes, fires, other catastrophes, or other cause beyond its reasonable control whether or not foreseeable. 6. Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence so as to ensure their expeditious completion and best carry out the purposes of the agreement. Projects will commence within five (5) days of notification to proceed and will be completed within a time period agreed to by the Consultant and the City. 7. Compensation. The City agrees to pay the Consultant a sum as designated in item 8 below, or, for services not included in the Scope of Services. at a rate of one hundred-fifty dollars ($150.00) per professional hour expended and twenty-five dollars ($25.00) per clerical hour expended, plus expenses. Anyon-site requirements shall include directly related travel expenses and professional time. ~. 8. Method of Payment. The Consultant shall submit itemized invoices detailing work performed, professional and clerical hours expended for individual tasks, and expenses: The Consultant shall be paid as soon as the City can process such payment. Total liability of the City under this Agreement $13,772 $13,772 $13,772 $ 4.590 $45,906 . Project/Orientation Meetings . Completion of all interviews . Presentation of Draft Report . Presentation of Final Report 9. Chanaes. The City may, from time to time, require changes in the scope of services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this. agreement. 10. Services and Materials to be Furnished by the City. The City shall furnish the Consultant with all available necessary information pertinent to the execution of this agreement. The City shall cooperate with the Consultant in scheduling and carrying out the work herein. 2 H~n Resource Manager! Consulting Services City of La Porte, TX e 11. Riahts to Terminate Contract. The terms of this contract shall be in effect through completion of the original scope of services and any subsequent services mutually agreed upon by the City and the Consultant. Either party shall have the right to terminate this agreement with or without cause, by giving written notice to the other party of such termination at least five (5) days before the effective date of such termination. 12. Indemnification. Each party shall be responsible for its own acts and will be responsible for all damages, costs, fees and expenses which arise out of the performance of this Agreement and which are due to that party's negligence, tortious acts and other unlawful conduct and the negligence, tortious acts and other unlawful conduct of its respective agents, officers and employees. 13. Limitation of Liability. The City agrees that the Consultant's total aggregate of liability hereunder (whether contract, statutory, in tort or otherwise) for damages on anyone or more or all claims (regardless of the number of different claims, claimants or occurrences) shall not exceed the total of professional fees paid under this contract. The City further agrees that the Gonsultant shall not be liable to the City for any indirect, incidental, special or consequential damages, any lost profits or any claim or demand against the City by any other party, arising out of or in connection with the performance of services hereunder. 14. Copyriaht. Trade Secrets and Security. The City acknowledges that certain report formats to be provided by the Consultant are copyrighted. The Consultant shall ensure that all copies of its report bear the copyrighted legend. The City agrees that all ownership rights and copyrights thereto lie with the Consultant. The City may use the report solely for and on behalf of the City's operations. The City agrees that it will take appropriate action by instruction, agreement or otherwise with its employees to satisfy its obligations with respect to use, copying, protection and security of report formats. Consultant further represents that the copyrighted report formats constitute trade secrets of Consultant as the term "trade secrets" is defined in Section 812.081 of the Florida Statutes. Consultant claims exemption from disclosure of the copyrighted materials as is provided under Chapter 119T. 15: Information and Reports. The Consultant shall, at such time and in such form as the City may require, furnish such periOdic reports concerning the status of the project as may be requested by the City. The Consultant shall furnish the City, upon request, with copies of all documents and other materials prepared or developed in relation with or as a part of the project. 16. Records and Inspections. The Consultant shall maintain full and accurate records with respect to all matters covered under this agreement. The City shall have free access at all proper times to such records and the right to examine and audit the same and to make 3 tit Human Resource Management Consulting Services City of La Porte, TX e transcripts therefrom, and to inspect all program data, .documents, proceedings and activities. 17. Accomplishment of Proiect. The Consultant shall commence, carry on, . and complete requested projects with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing requested projects, the Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within the applicable work area. 18. Provisions Concernina Certain Waivers. Subject to applicable law, any right or remedy which" the City may have under this contract may be waived in writing by the City by means of a formal waiver, if, in the judgement of the City, this contract, as so modified, will still conform to the terms and requirements of pertinent laws. 19. Matters to be Disreaarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provi~ions of this contract. . 20. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all of the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 21. The City not Obliaated to Third Parties. The City shall not be obligated or liable hereunder to any party other than the Consultant. 22. When Riahts and Remedies Not Waived. In no event shal.1 the making by the City of any payment to the Consultant C011stitute or be construed as a waiver by the City of any breach of covenant, of any default which may then exist, on the part of the Consultant, and the making of any such payment by the City while any such breach or default exists shall in no wise impair or prejudice any right or remedy available to the City in respect to such breach or default. 23. Personnel. The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractural relationship with the City; All of the personnel engaged in the work shall be fully qualified to perform such services. 24. Consultant Certification. The Consultant certifies that the Consultant has not been convicted of bribery or attempting to bribe an officer or employee of the City nor has the Consultant made an admission of guilt of such conduct which is a matter of record. 4 Human Resource Manage! Consulting Services City of La Porte, TX e 25. Notices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below. MGT of America, Inc. 2123 Centre Pointe Blvd. Tallahassee, FL 32308 City of La Porte Attn: Louis Rigby 604 W Fairmont Pkwy La Porte, TX 77571 26. Leaal Construction. In case anyone or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never. been contained herein. 27. Arbitration. Should a dispute arise regarding the interpretation of any provision of this Agreement, the parties may request the determination of such dispute by a mutually acceptable arbitrator. Should the parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three member arbitration panel to decide the disagreement by the concurrence of a majority of the panel. Cost for such arbitration shall be borne equally between the City and the Consultant, provided that each party shall bear its own attorney fees. The decision rendered by the arbitrator(s) will be final, subject only to judicial review as may be available under the Texas General Arbitration Act, provided, however, that nothing in this paragraph shall prevent the parties from resolving disputes prior to formal arbitration. . IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first written above. CITY OF LA PORTE \ MGT OF AMERICA, INC. By8~ -r: ~ /,1 Print Name:\iQ~el\.;\ --r: t\tcut.ea.~ Title. L' () Title. 5 .e e February 2, 2001 t', Mr. Louis Rigby Director of Administrative Services City of La Porte ~ Post Office Box 1115 La Porte, Texas 77572-1115 .' Dear Mr. Rigby: MGT of America, Inc. is pleased to submit this proposal to conduct a ,..classification and compensation study for the 'City of La Porte. Working with government partners to create innovative and effective solutions in the public sector is all we do. Founded in 1975 and today with five offices across the country, MGT of America is one of the nation's leading public sector .,management consulting firms. Successful local government partnerships have 'included initiatives in San Diego, Baltimore, Albuquerque, Washington D.C., Mia..mi, Kansas City, and Denver. We 'also have extensive experience with local governments of all kinds in Texas. Those 'include small organizations like the cities of Alice, Pflugerville, Reeves Counfy and Bandera Independent School District, to some of the largest local governments in the state, such as the counties of Harris, Travis, Nueces, and EI Paso, the cities of Houston, Austin, San Antonio, and major school districts like Edgewood, Dallas, and Fort Worth. Our human resource projects have included varied clients such as Bexar and Basti"op counties, Oklahoma City, Richmond, Virginia and Brownsville, to name just a few. ~ - In all, the MGT project team that will work on this project, should we be selected, has conducted 'well over 200 similar compensation studies for local and state governments. Improving a city's compensation and personnel system takes not only an experienced and seasoned view of how city government works in Texas, but also national experience with personnel and human resource management. We believe we have put together a team with just these qualifications and experience for this project, and they all will make the success of this project a priority. MGT's success is not an accident. In addition to accurate and cutting-edge analysis, we've built our reputation because of a number of value-added factors, such as: . This is all we do. MGT is committed to helping find solutions in the public sector, and we understand the realities and challenges of managing in the public, sector, especially when it comes to compensation issues. I I I I I I I I I I I I f , r I r r r .... .e e Mr. Louis Rigby February 2,2001 Page 2 . We know how to listen. Our clients are 'there in the trenches, and the best answe~ are often easy to find, if one is willing to listen to everyone. Our compensation study methodology asks every employee for his or her opinions and feedback. , We understand how government works because we have hands- on experience. All of MGT's senior staff have served in an upper-level management role within a government organization. ~.:. .. You will see senior staff working on this project, not just handling marketing duties. MGT partners and consultants pride ourselves on a willingness to rollup our sleeves and work on the nuts and bolts of a '--solution alongside our clients, wh~ we view as partners. . Our reports are concise with findings that are thoroughly backed up. In order for the study results to be productive, we pay attention to the manner in which the results are communicated. When you read our " final report, every finding, commendation, recommendation, fiscal . estimate and suggested implementation strategy will be well documented, detailed, justified and easily understood. '. ' . Because of our experience, we understand both the art and the scienoe necessary for successful compensation study. :.::., ", o' We want the elected officials, employees, and taxpayers of La Porte to feel confident after reading our report that they have received their tax dollars' worth of value. Our recommendations are sensitive to the fact that resources and budgets are not unlimited, so our reports are always fiscally responsible and reasonable. And because we know who pays the. bills, we make sure our recommendations are able to stand up to the toughest scrutiny and questioning from the taxpayers themselves, as well as city officials who must make the tough decisions. . . , . We look forward to working with the City of La Porte's management team and employees. Please feel free to contact me at (512) 476-4697 if you have any questions or require clarification on any aspect of our proposal. We look forward to the opportunity to.ex~eed your expectations. Sincerely, Greg artman Senior Partner and Southwest Regional Director MIT ~Tica e A'PRESENTATION OF A PROPOSAL ON A CLASSIFICATION AND COMPENSATION STUDY FOR THE CITY..OF LA PORTE -- submitted by:. " 2123 Centre Pointe Boulevard Tallahassee, Florida 32308 (850) 386-3191 February 27, 2001 :: .~ - ... .. ..... . -. Administer Job Content Questionnaire 'and Manage~ent Issue Papers II Phase - Identify labor markets Collect and analyze market data. ~ ~ ... ~ Develop and conduct customized survey ~ Data collection and analY$is . . ~ Prepare and distribute Job Content Questionnaires (JCQ's) ~ Introduce team members ~ . Project Planning ~ Data Collection and analysis . Combine customized survey ancJIor publish~d survey data to' establish a market rate of pay for each benchmark position ~ ~ Prepare draft survey for review and signoff ~ Prepare and~ distribute Management Issue- Papers (MIP's) - . ~ Collect " . . ~ Review ~ . ~9110w-up ~ Prepare class '. descriptions R~view current information and values. , ./ ~ :......~-. .:'..1..:, -.. .-' ._. - . - .- - Phase VII Cost Analysis Phase V Perform Job Evaluation ~ Develop final report ~ Determine cost of the ~ Differentiates among jobs ~ Perform job evaluation - ~ Present Final Report to the City ... new program ..' H~lps employees understand what's expect~d of them ~ Facilitates trcrining ~ ~ Final.ze job worth hierarchy ~ Finalize salary structure{f?) 4 Supports promotions and career ., development ~ . , r / -. Project Work Plan Phase I - Project Initiation ~~_:~.'.::j ....~_...:5.. .~.::.'..~':.'...._:.._...;~,:i:C.:r~..:i.,~ - .- - ~ A shared knowledge. of how the .new compensation plan will allo"" the City to recruit, retain, and motivate employees . Conduct a general . meeting to discuss and gain an understanding of the current state .of. compensation and related programs ~ Project Planning ~ Understand background of the engagement..and to confirm project objectives ~ Understand City's vision, strategic goals, core values, and characteristics ~ Understand how these values will shape the outcomes of the project - MGT Project Milestone ~ Kick-off ~eetings Orientation Briefings with. Administrators and Key Staff ." alary ~ Data Collection . .t , ...: Human Resources Management Consulting Division Proprietary & Confidential 1 - ."" MGT ~ .' '-. ..~ ., .nO . . - ~ Employee Group Orientation Sessions . ~ Provi~e the Job Content Questionnaire ~ Job Cont.ent Questionnaires ~ Management ~ Completion of the JCQs and MIP's Issue Papers ~ Distribute the questionnaire to employees at group orientation sessions ~ Distribute Management Issue Papers to Managers and . Supervisbrs ~'-'Co.llect individual job informati.on for each identified employee utilizing our unique Job Content Questionnaire. This Information can be used to write new class descriptions, collect external market data, and can' even be used to determ'ine performance standards for each job. ~ Series of Fecus Groups for MIP-Identified Employees/Classes - MGT . Project Milestone ~ Completion of JCQs Completion of MIPs Employee Focus. Groups ... ~ Collect and analyze results ~ Follow-up with Managers and Sup~rvisors regarding "'c1arification' of job duties as needed ~ Involve employees, managers, and administrators in the process to insure thelr involvement and understanding through Man~gement Issue Papers. ~ Conduct focus groups of employees identified through MIPs to discuss identified issues .f " , Human Resources Management Consulting Division Proprietary & Confidential 2 ,,' MGT ~ - - - ., ~ Draft Salary Survey Report ~ Draft Proposed Pay. Plan ~ Draft Grade Order List ~ Draft Implementation Report " ..- - "- ~ Identify benchmark positions and establish list- of target orga'nizations ~ Collect and analyze market datarelatiye to base salary for each benchmark position ~ Mail survey to potential targets and share tabulated results to encourage . particip~tion ~ Establish market rate for each benchmark ~ Create a compensation structure that is externally competitive and internally equitable and that also rewards high performance and supports organizational goals - .MD Project Milestone ~ Completion of Salary Survey Dev~lopm~nt of Draft Job Class' Allocation List Compensation Plan ... ~ Finalize salary structure ~ Peiform "Job Evaluation and Classification" ,; ..:. ~ Value internal r~iationships ~ ~ Address link between internal jO,b value an.d external market .f ~ Allocate employees to proper. class and pay grade , .~ 2 Human Resources Management Consulting Division Proprietary & Confidential 3 ~ Allocate employees to proper . class and 'grade .' ,,' MGT. ~ -- ,. ....- - _u. ~ New or revised position/class descriptions for all included classes il) IVIS Word format ~ New o'r revised descriptions are . based on ~ Develop new or revised position or class descri"ptlons for all work that: . input from the employee and Immediate Supervisor (the' subject matter . experts) . differentiates among and between levels of work . prQfesslonal job analysis of the work perform'ed . help~ employees understand what is expected of them -- Milestone MGT Proje.ct ~ ... Development of New or Revised Class D~scriptions . analysis and verification of Americans with Disabilities Act (ADA) job requirements . identific;:ation of: -:" essential identifies minimum requirements . . assists in ADA readiness compliance . tasks - class factors - occupational requirements .f facilitates promotion lines and Career ladders . 4 I Consulting Division Proprietary & Confidential Human Resources Management '. ..' ; '" MGT ~ .- " '- ., .-- - - ~ Alternative Implementation Strategies that will Result- in an Approach that Suits the City's Financial Goals' ~ Run models .to compare the recommended base to current base ~ Work with the Project Team to determine the .appropriate Implementation strategy ~ Ensure that the methodology employed is financially reasonable and provide fiscally responsible options for implementation - Milestone MGT Project ~.' Development of Imple~entation Options .. ~ Determine cost of new system ~ Provide Implementation options that wili.asslst the CI.ty in . successfully implementing the proposed plan .f ~: .w , 5 Human Resources Management Consulting Division Proprietary & Confidential " .... ~ .. .."" MGT ~ "'-_lO..,., (':':~.'~~~O{ -'.-0_':' _..z:~~ .'- i --. e ~ PC Master software ~ PC Master softwarel Pay and Classification Administration and Maintenance Manual ~ Transfer of Technology and Training in P~ Master Software ~ Provide training to the City's HR staff in the use of PC Master ~ Conduct training module for the City's HR staff In the use of MGT's PC Master software ~ Develop ~Iear and concise step-by-step procedure~ for classification and pay plan administration and maintenance ~ D~velop and provide the City with a written "user-friendly" step-by':'step PC Master manual for ongoing administration and maintenance of new classification and pay plans - MGT Project Milest~ne ~ . PC MasterlPay and Class Administration and Maintenance Manual PC Master Software PC Master'Training .r. ~ Details of how jobs are asslgne.d to grades .. .f . . ~ Provide a transfer of technolo.gy along with ... training' , Human Resources Management Consulting Division Proprietary & Confidential 6 - MGT ~ " Project Work Plan Phase IV - Final Report and Presentation c -' "::..0 .:'.-:~ ~:] - '-. .e Final Compensation and Classification Report ~ Formal Presentation of Study Results to the City Board ~ . ~ Finalize.all appropriate revisions . to proposed Compensation and Classification plan ~ Prepare and deliver Final Compensation and Classificatio'n Report ~ Submit draft report for the City's review ~ Present the City with a Final Compensation and Classification Report ~ Schedule final on-site visit for presentation of study results n PC Master ~ Formal presentation of Final Report to the City Board at a Work Session - MGT Project Milestone ~ . Submit Final Report Presentation of ~inal Report ... ~ Schedule training Software .f- , ..: Human Resources Management Consulting Division Proprietary & Canfidential 7 .. .or MGT ~ . -, .! '.- .- :.. .:...r::r-.,~ ~: ~". ....-..: ~ '" ,. e. ~ Support for classification and compensation plan Im~leme~tatlon ~ Discuss the City's goals and objectives and scope for specific services that may be provided on an intermittent or ongoing basis ~ Provide ongoing suppo'rt to the City to assist in the process of implementation, ~dministration, maintenance, and adaptations of plan over time ~ Maintenance Contract - Milestone MGT Project ~ Administration and Mainten.ance Support ... -.: ~" .t ~ ,. 8 Human Resources Management Consulting Division Proprietary & Confidential ." ~. MGT ~ .e e Southwest Office 502 E. 11 th Street Suite 300 Austin, Texas 78701 (512) 476-4697 (512) 476-4699 FAX 4 Corporate Office 2123 Centre Pointe Boulevard Tallahassee, Florida 32308 (850) 386-3191 (850) 385-4501 FAX West Coast Office 455 Capitol Mall Suite 605 . Sacramento, California 9581 (916) 443-3411 ... (916) 443-1766 ~. FAX) Road NW Northwest Office 1607 Cooper Point Suite 102 Olympia, Washington 98502 (360) 866-7303 (360) 866-7337 FAX .f" :: ... - , www.mgtamer.com , /'