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2002-020 HP Mgmt Partners Agrmnt for Salary Studysalary study• RESOLUTION NO. 20-2002 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A PROFESSIONAL CONSULTING AGREEMENT WITH HR MANAGEMENT PARTNERS, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR A COMPREHENSIVE CLASSIFICATION, COMPENSATION AND BENEFITS STUDY FOR THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Professional Consulting Agreement with HR Management Partners, Inc., attached as Exhibit "A", which agreement provides for a comprehensive classification, compensation and benefits study for the Village. Section 2. The Village Council does hereby authorize and direct the Mayor and Village Clerk to execute the Professional Consulting Agreement with HR Management Partners, Inc. for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 28TH DAY OF MARCH , 2002. (Village Seal} ATTEST: • - (;// ~~ VILLAGE CLERK PROFESSIONAL CONSULTING AGREEMENT • THIS AGREEMENT, entered into and effective this 28'" day of March, 2002, by and between HR Management Partners, Inc. (the "CONSULTANT") and the Village of North Palm Beach (the "VILLAGE"), WITNESSETH THAT: WHEREAS, the VILLAGE is interested in obtaining human resources management technical assistance; and, WHEREAS, the VILLAGE desires to engage the CONSULTANT to provide human resource management services. NOW THEREFORE, the parties hereto mutually agree as follows: 1. EmplovmentofCONSULTANT. The VILLAGEagreestoengagetheCONSULTANTandthe CONSULTANT hereby agrees to conduct a classification, compensation, and benefits study. 2. Scone of Services. The CONSULTANT shall do, perform and carry out in a professional manner a comprehensive classification, compensation, and benefits study that shall include the scope of services as outlined and attached and heretofore referenced as 'Exhibit A' under the terms of this Agreement. CONSULTANT shall not be bound to report survey response data from any organization requested to participate in the salary and benefits surveys that declines to provide information. 3. Time of Performance. Agreement to proceed shall commence on the same date as that of the Execution date of this Agreement, as authorized by the VILLAGE. Tasks 1 - 9a, as referenced in attached Exhibit A shall be accomplished within ninety (90) days of Agreement to proceed. Exceptions tothis time of performance may occur, pursuant to paragraph 7, in the event the VILLAGE is unable or delayed in providing necessary data, materials, information, or response to CONSULTANT'S information requirements. Services performed by the CONSULTANT shall be undertaken and completed in such sequence as to assure their expeditious completion and to best carry out the purposes of the Agreement. 4. Compensation. The VILLAGE agrees to pay the CONSULTANT a total sum of $35,200.00 which includes professional fees and expenses for all items outlined in Paragraph 2, Scope of Services. 5. Method of Payment. The CONSULTANT'S fee will be due and payable in four equal installments of 38800.00, payable at the initiation of the project, at the completion of the market analysis, at the submission of the draft report and at the submission of the final report when all job descriptions and system training have been completed. The VILLAGE shall hold back ten percent (10%) of each payment until the final report of the CONSULTANT has been accepted by the Village Council. VILIAGE agrees to provide payment within thirty (30) days of receipt of an invoice by CONSULTANT. 6. Chan es. The VILLAGE may, from time to time, require changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, which are mutually agreed upon by and between the VILLAGE and the CONSULTANT, shall be incorporated in written amendment to this Agreement. If such Changes result in additional compensation to CONSULTANT by the VILLAGE, CONSULTANT shall provide the VILLAGE an itemized cost sheet with r~mpensation schedule as part of said written amendment, and shall submit such to the VILLAGE for signature and approval. 7. services and Materials to be Furnished by the VILLAGE. The VILLAGE shall furnish the CONSULTANT with all necessary payroll and job classification information pertinent to the execution of this Agreement. The VILLAGE shall cooperate with the CONSULTANT in scheduling and carrying out thework herein. • 8. Riehts to Terninate Contract. VILLAGE shall have the right at any time to terminate this Agreement with or without cause by giving written notice to the CONSULTANT of such tertninalion at least five (5) business days before the effective date of such termination pursuant to this paragraph. CONSULTANT shall be entitled to receive compensation for services rendered through the effective date of • termination. In the eventCONSULTANTrequiresterrrinationofthisAgreement,consultantShallgivewritten notice to the VILLAGE of such termination at least thirty (30) days before the effective date of such termination pursuant to this paragraph. 9. 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 own negligence, tortious acts and other unlawful conduct and the negligence, tortuous acts and other unlawful conduct of its respective agents, officers and employees. 10. Limitation of Liability. In any litigation resulting between the parties in regards to this Agreement, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party a reasonable attorney's fees and all r:osts of litigation both at the trial and appellate level. 11. Accomplishment of Project. The CONSULTANT shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, 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 VILLAGE organization. 12. Provisions Conceminc Certain Waivers. Subject to applicable law, any right w remedy which the VILLAGE may have under this Agreement may be waived in writing by the VILLAGE if, in the judgement of the VILLAGE, this Agreement, as so modified, will still conform to the terms and requirements of pertinent laws. 13. Matters to be Disrecarded. The titles of the sections, subsections, and paragraphs set forth in this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement. 14. Completeness of Agreement. This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, or any part thereof, shall have any validity or bind any of the parties hereto. 15. VILLAGE Not Obligated to Third Parties. The VILLAGE shall not be obligated, nor liable hereunder to any party other than the CONSULTANT. 16. Personnel. The CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. All of the services required hereunder will be performed by the CONSULTANT and all personnel engaged in the work shall be fully qualified to perform such services. Primary responsibilities will be allocated as the following: • JackColetti-Online Survey Utility Development,Posting, Database Administration,Reporting • Lorci Barefoot-Internal Job Analysis, Organization Structure Review, Pay Rlan Development, Benefits Analysis, Draft 8 Final Reporting, System Training • Juana Ayers - FLSA Analysis, Performance System Review, Pay Plan Development, Draft 8 Final Reporting, Final Presentation • Arkadi Coletti - InstallationRraining on Job Evaluation Software, Custom Reporting for Strategic Implementation, Software Support • Corinna Gonsalves -Job Descriptions Review 8 Update 17. Certificate of Insurance. The CONSULTANT shall maintain, or cause to be maintained, the • following specified insurance coverages in the amount set forth hereafter: a) WORKERS COMPENSATION: Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal laws. The policy shall include Employers • Liability. Notwithstanding the number of employees or any other statutory provisions to the contrary, coverage shall extend to all employees of the CONSULTANT and subcontractor. Statute limits shall be in compliance with applicable State and Federal laws. b) COMPREHENSIVE GENERAL LIABILITY: Shall have the minimum limits of$1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations, Independent CONSUITANT's, Products and Completed Operations, Broad Fonn Property/Personal Injury, XCU coverage, and a Contractual Liability Endorsement. c) AUTOMOTIVE LIABILITY: All agents, representatives, presenters, and consultants of CONSULTANT maintain personal automotive coverages, and CONSULTANT shall be obliged to produce evidence of such coverage with policy limits and provisions to the VILLAGE upon request. Business hired/non-owned coverage is attached to and in effect on CONSULTANT's General Liability policy. d) PROFESSIONAL LIABILITY: Insurance and Indemnification -The CONSULTANT shall maintain Professional Liability Insurance covering the CONSULTANT for sums which the CONSULTANT shall become legally obligated to pay as damages because of liability arising out of any negligence, error or mistake in rendering or omission in failing to render the professional services required in the performance of the CONSULTANT'S Agreement with the VILLAGE. Required coverage shall be for Limits of Liability not less than 1,000,000.00 with a retained limit of not more than $15,000.00. The VILLAGE shall be included as an Additional Insured under the General Liability policy. All insurance policies shall be'best rated' AX (10) or higher. Current valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the name project. There shall be a thirty (30) day notification to the VILLAGE in the event of cancellation or modification of any stipulated insurance policy. tt shall be the responsibility of the CONSULTANT to ensure that all subcontractors are adequately insured or covered under their policies. Certificates of Insurance shall be on file with the VILLAGE, and approved by same prior to the commencement of any work activities. Such approval does not waive the CONSULTANT'S responsibility to comply with the requirements of this section on modifications of this section. 16. 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: Juana Ayers President HR Management Partners, Inc. 1938 Westpointe Circle, Suite 350 Orlando, FL 32835 Dennis W. Kelly Village Manager Village of North Paim Beach 501 US Highway One North Paim Beach, FL 33408 . r ~J I N W ITNESS W HEREOF, the VILLAGE and the CONSULTANT have executed this Agreement as of the date first written above. • HR MANAGEMENT PARTNER ,INC. sy: Jy na Ayers, Pc nt r VILLAG F NORTH PALM B CH B' M or ATTEST: a..~ / / C%///~ illage Clerk • EXHIBIT A 1. iMarketPrc® Custom Salary 8 Benefits Survey • a. Salary Survey - Conduct a custom comprehensive salary survey of all Village positions, currently estimated at eighty (80) titles. Survey will solicit data for pay ranges and actual (and average if applicable) salaries to address factors of entry level compression and employee longevity (if applicable). Survey will inGude gathering data on actual employee salaries based on longevity. b. Benefits Survey - Analysis of overall design and effectiveness of current benefit package and conduct a custom benefits survey InGuding, but not necessarily limited to Retirement (Defined Benefit versus Defined Contribution), Medical Insurance, Dental Insurance, Life Insurance, Long-Term Disability Insurance, Vacation, Sick, and Other Leave Policies, Compensatory Time, Holidays, and Tuition Reimbursement. 2. Intemal Job Analysis (Compensation Manager®) a. Gather data from all employees with a comprehensive position description questionnaire and supplemental benefits questionnaire. b. Provide all employees the option for an Interview to gathef additional data regarding job content and employee benefits. c. Evaluate all positions utilizing automated point factor job evaluation system. d. Conduct Fair Labor Standards Act review for all positions. e. Design and develop pay plan. 3. integrate External Market Results 8 Intemal Job Analysis (Compensatbn Manager) a. Conduct linear regression analysis to establish a base pay line. b. Develop pay plan competitive with competing labor market. c. Allocate all positions to the proposed pay plan sWcture inGuding a review of actual employee salaries and providing recommendations for adjustments to employee salaries (if applicable) to provide appropriate placement in the new pay grades. d. Develop implementation options. 4. Job Descriptions Review 8 Update a. Utilize position description questionnaires, employee interviews and current descriptions to update job descriptions. b. Write job descriptions for any positions represented in the proposed pay structure for which current descriptions do not exist. . c. Address regulatory guidelines of ADA, EEOC, and FLSA and other legal requirements. d. Provide electronic copy of all job descriptions represented in the approved pay structure. 5. Organization Structure Review a. Evaluate organizational design, e.g., departments, divisions, units. b. Identify link between each job's nature and level of work with availability of skills in the competing market place. c. Identify cross.departmental functional areas for resource allocation. d. Provide recommended modifications to positions or staffing structure whet applicable. e. Provide recommendations for establishing a Senior Executive Class of at-will Department Head level positions with recommendations for benefits. 6. Performance EvaluatioNPay for Performance System Review a. Evaluate curtent system's applicability, success, and historical cwncems. b. Identify applicable merit /variable pay /incentive rewards. c. Provide recommended modifications to current system where applicable. • 7. Installation and Training - Compensation Manager Job Evaluation Software a. Install software with completed study database of approved implementation plan. b. Provide eight (8) hours training to staff in administration and maintenance of plan. HR Management Partners, Inc., Reference: ExhitHt A, Paragraph 2, Proiessiona/ Consulting Agreement EXHIBIT A c. Provide compensation administration manual with procedures for ongoing administration of the plan to maintain fairness and competitiveness. The manual will include details regarding • how jobs are assigned to grades. d. Provide recommended policies for handling future reclassification requests. 8. Communications Plan a. Maintain communicatioNdiscussion with key staff concerning project milestones. b. Develop and submit employee communications materials as applicable to project objectives. c. Initial briefing to management and staff, and separate meetings with Village Department Heads at the beginning of the project to obtain input on important issues in their departments. d. Biweekly progress reports provided to designated Village staff. e. Hold general employee orientation sessions for all employees to review the purpose of the study, discuss general questions about the study, and to review the comprehensive description questionnaire and benefits supplemental questionnaire. 9. Draft and Final Reports a. Issue a preliminary draft report incuding recommendations from Tasks 1 - tl (with the exception of Tasks 4, 7.a., and 7.b.) above to Village staff two weeks prior to the submission of a final draft report to Village staff. Complete 50°k of the job descriptions as described in Task 4 by the submission of the final draft report to Village staff. b. Complete Task 4 including the remaining 50°~ of the job descriptions as described in task 4 no later than thirty (30) days following the submission of the final draft report to Village staff. Complete Task 7.a. and Task 7.b. no later sixty (60) days following the submission of the final draft report to Village staff. c. Presentation #1 -Present final draft report to the Village Council at a Workshop Session. d. Presentation #2 -Present the final report to the Village Council including responses to Council's input and requests for additional information pursuant to Presentation #1, it applicable, at Presentation #2. r~ LJ HR Management Partners, Inc., Refererx;e: Exhibit A, Paragraph 2, Professional Consulting Agreement