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R-12-06-28-G3 - 6/28/2012 E Z RESOLUTION NO. R-12-06-28-G3 WHEREAS, the City of Round Rock desires to retain professional consulting services to conduct a Compensation/Classification study and HR Assessment for the City of Round Rock; and WHEREAS, The Waters Consulting Group, Inc. has submitted an Agreement for Consulting Services to provide said services; and WHEREAS, the City Council desires to enter into said agreement with The Waters Consulting Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services With The Waters Consulting Group, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of June, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0\wdox\SCOnts\0112\1204\MUNICIPAL\00252564.DOC/rmc EXHIBIT «A„ I CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES WITH THE WATERS CONSULTING GROUP,INC. i I THIS AGREEMENT is made and entered into on this the day of j 2012, by and between the City of Round Rock, a Texas home-rule municipal corporation, whose 1 offices are located at 221 East Main Street, Round Rock,Texas 78664-5299 (hereinafter referred to as the "City"), and The Waters Consulting Group, Inc., whose offices are located at 5050 Quorum Drive, Suite 625, Dallas, Texas 75254 (hereinafter referred to as the "Consultant" or "Waters"). RECITALS: WHEREAS, City desires to contract for ConsuItant's services generally described as performing assessments/analyses of the City's Human Resources Department and the City's classification and compensation systems, as well as its performance management system, and development of recommendations and a comprehensive implementation plan; and WHEREAS,City has determined that there is a need for the delineated services;and WHEREAS, City desires to contract for such services;and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,duties and obligations hereunder; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: i 1.01 EFFECTIVE DATE,DURATION,AND TERM This Agreement shall be effective on the date it has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The initial term of this Agreement shall be for one (1) twelve-month period from the effective date hereof City reserves the right to review this Agreement at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 2.01 CONTRACT AMOUNT,PAYMENT FOR SERVICES In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant in accordance with Exhibit "A" attached hereto and incorporated 00252254/jkg herein by reference for all purposes, in payment for services and the Scope of Services deliverables as delineated in Exhibit"A." Deductions. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions. No additions shall be made to Consultant's compensation based upon claims, whether paid by City or denied. 3.01 PROPOSAL FOR SERVICES For purposes of this Agreement, Consultant has issued its proposal for services for the tasks delineated therein. Such proposal for services is dated April 17, 2012, and submitted in response to City's Solicitation Number 12-025, Specification Number 12-918-85 dated March 2012. Such proposal for services is appended to this Agreement as Exhibit "B" and is incorporated herein by reference for all purposes. 4.01 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described under this "Scope of Services" category and Exhibits "A" and `B." Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended proposal for services, and in accordance with due care and prevailing consulting industry standards for comparable services. Consultant expressly acknowledges and agrees that the required scope of services includes and incorporates Pail III Specifications of City's Solicitation Number 12-025, Specification Number 12-918-85 dated March 2012. 5.01 LIMITATION TO SCOPE OF SERVICES Consultant and City agree that the scope of services to be performed is enumerated in Exhibits "A"and"B"and herein, and may not be changed without the express written agreement of the parties. Notwithstanding anything herein to the contrary,the patties agree that City retains absolute discretion and authority for all funding decisions, such to be based solely on criteria accepted by City which may be influenced by but not be dependent on Consultant's work. 6.01 REQUIRED DRAFT REPORTS AND FINAL REPORT Consultant agrees to provide City with any draft reports and a detailed final written report,together with all information gathered and materials developed during the course of work. Consultant agrees to provide City with additional bound copies of the final written report, if and as requested, with the right to make additional copies being at the sole election of City. All copies of the written final report will be to specifications as delineated by City. i I E i 7.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT � Invoices. To receive payment for services, Consultant shall prepare and submit a series of monthly invoices in a form acceptable to City. Each invoice for professional services shall track the "Scope of Services" category herein, and shall state and detail the services performed, along with documentation for each service performed. All payments to Consultant shall be made _ on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by City, Consultant shall comply promptly with such request. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing put-poses. Payment of Invoices. City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 9.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has aright to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services,but not for taxes based upon Consultant's net income. Offsets. City may, at its option, offset any amounts due and payable under this Agreement against any debt(including taxes) lawfully due to City from Consultant,regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 8.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing fiinctions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 27 1.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of,partner to,or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback"procurements. i 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251,V.T.C.A., Texas Government Code, any payment to be i made by City to Consultant will be made within thirty (30) days of the date City receives goods 3 I i i under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the"rate in effect"on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal fluids; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 10.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Contractor a written notice of termination at the end of its then-current fiscal year. 11.01 TIMETABLES Unless otherwise indicated to Consultant in writing by City, or unless Consultant is unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, the following timetable structure and deliverable due dates shall apply: not later than twelve (12) months from date of execution hereof, but in reasonable conformity to Consultant's schedule tendered to City as a requirement of Part III Specifications, 6. Timeline, of City's Solicitation Number 12-025, Specification Number 12-918-85 dated March 2012. 12.01 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action,if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement, that being twelve (12) months from the effective date hereof. Consultant shall not perform any work or 4 I I I i i incur any additional costs prior to the execution, by both parties, of such Supplemental j Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 13.01 TERMINATION; DEFAULT Termination: It is agreed and understood by Consultant that City may terminate this Agreement for the convenience of City, upon thirty (30) days' written notice to Consultant,with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use, subject to the conditions set forth herein. Should City subsequently contract with a new consultant for continuation of service on the project,Consultant shall cooperate in providing information. It is agreed and understood by Consultant that City may terminate this Agreement for cause, upon ten(10)days' written notice to Consultant. Termination of this Agreement shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the party provides the other party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the parties). If default results in termination of this Agreement, then City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the i useable work, and other factors will affect the value to City of the work performed at the time of i default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. w 5 i E I C and The termination of this Agreement for default shall extinguish all rights, duties, obligations of the terminating party and the terminated party to firlfrll contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or 1 liabilities which occurred prior to termination. Nothing contained in this section shall require City to pay for any work which it deems unsatisfactory,or which is not performed in compliance with the terms of this Agreement. 14.01 NON-SOLICITATION Except as may be otherwise agreed in writing, during the term of this Agreement and for twelve (12) months thereafter, neither City nor Consultant shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months by the other or any affiliate of the other if such person was involved,directly or indirectly,in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 15.01 CITY'S RESPONSIBILITIES Full information: City shall provide full information regarding project requirements. City shall have the responsibility of providing Consultant with such documentation and information as is reasonably required to enable Consultant to provide the services called for. City shall require its employees and any third parties who are otherwise assisting, advising or representing City to cooperate on a timely basis with Consultant in the provision of its services. Consultant may rely upon written information provided by City and its employees and agents as accurate and complete. Consultant may rely upon any written directives provided by City or its designated representative concerning provision of services as accurate and complete. Required materials: Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner,to provide City with a comprehensive and detailed information request list, if any. 16.01 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: A. Consultant has the right to perform services for others during the term of this Agreement; B. Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; 6 i i C. Consultant has the right to hire assistants as subcontractors, or to use employees C to provide the services required by this Agreement; D. Consultant or its employees or subcontractors shall perform the services required hereunder. City shall not hire, supervise,or pay any assistants to help Consultant; E. Neither Consultant nor its employees or subcontractors shall receive any training from City in the skills necessary to perform the services required by this Agreement; F. City shall not require Consultant its employees or subcontractors to devote full time to performing the services required by this Agreement;and G. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 17.01 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials fiirnislred by City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and _ information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to City's business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. City's confidential information and Consultant's confidential information is collectively referred to as"Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the "Disclosing i 7 I I i f I Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released by the Disclosing Party to any other person or entity (including I governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement)the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Neither the City nor Consultant will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party's exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything to the contrary in this Agreement, City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for City and delivered to City under the terms of this Agreement (the "Deliverables'); and Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of services under this Agreement (other than the Deliverables). Consultant's working papers and Consultant's Confidential Information (as described herein) shall belong exclusively to Consultant. City shall have a non-exclusive, non-transferable license to use Consultant's Confidential Information for City's own internal use and only for the purposes for which they are delivered to the extent that they form paint of the Deliverables. 18.01 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re-perform any work not in compliance with this representation. 19.01 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of City or of this Agreement, then and in that event City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re-perform such services to City's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set j forth herein,then this Agreement may be terminated for default. i i 8 i i i I i In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence,willful misconduct or misrepresentations by City, its directors, employees or agents. In no event shall Consultant be liable to City, by reason of any act or omission relating to the services provided under this Agreement (including the negligence of Consultant), whether a claim be in toil, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive, special or similar damages relating to or arising from the services, or (b) in any event, in the aggregate, for any amount in excess of the total professional fees paid by City to Consultant under this Agreement, except to the extent determined to have resulted from Consultant's gross negligence,willful misconduct or fraudulent acts relating to the service provided hereunder. 20.01 INSURANCE Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term hereof professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. E Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in the immediately preceding paragraph, including the required provisions and additional policy conditions as shown below. Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Consultant must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense,to receive copies of these certificates of insurance. Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty(30)days prior to the expiration,cancellation, on- renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager City of Round Rock 221 East Main Street Round Rock,Texas 78664 Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. 9 ' i i 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. 3. Terns "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and individual members, employees and agents in their official capacities, or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any future coverage, or to City's Self-Insured Retentions of whatever nature. 5. Consultant and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant.shall be borne solely .by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. 21.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the services contracted for herein. Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales,Excise, and Use Tax Act. 22.01 FINANCIAL INTEREST PROHIBITED Consultant covenants that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product,materials or equipment that will be recommended or required for this project. 23.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 10 4 i i i 1 i i I c i 24.01 LOCAL,STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: 1. Withhold FICA from Consultant's payments or make FICA payments on Consultant's behalf, or I 2. Make state and/or federal unemployment compensation contributions on Consultant's behalf;or 3. Withhold state or federal income tax from Consultant's payments. kk 25.01 NOTICES E All notices and other communications in connection with this Agreement shall be in i writing and shall be considered given as follows: when delivered personally to recipient's address as stated in this Agreement; or three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: The Waters Consulting Group,Inc. 5050 Quorum Drive, Suite 625 Dallas,TX 75254 Notice to City: City Manager AND TO: City Attorney 221 East Main Street 309 East Main Street Round Rock,TX 78664 Round Rock,TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 26.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas. If legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive jurisdiction and venue shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 27.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Consultant and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 11 i i Ii 28.01 DISPUTE RESOLUTION City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration j proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. 29.01 SEVERABILITY I E E The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement, through a process of mutual agreement and negotiation, to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 30.01 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to City and according to generally accepted business practices. 31.01 GRATUITIES AND BRIBES City may, by written notice to Consultant, cancel this Agreement without incurring any { liability to Consultant if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code. 32.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made,then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. s 12 i i 33.01 MISCELLANEOUS PROVISIONS Time of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed project schedule may constitute a material breach of this Agreement. Consultant shall be fiilly responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Neither City nor Consultant shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original; and all of which, taken together, shall constitute one and the same instrument. City agrees to provide Consultant with one fitlly executed original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated. THE WATERS CONSULTING GROUP,INC. By: Printed Name: Title: Date Signed: I 13 i i CITY OF ROUND ROCK,TEXAS By: Alan McGraw,Mayor Date Signed: FOR CITY,ATTEST: By: Sara L. White, City Clerk FOR CITY,APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 3 I 14 EXHIBIT "An t I.PHASE I Initial Project Strategy and Planning(1 day on-site $7,500.00 with two consultants) and on-going administration 2. PHASE II Stakeholder Feedback and process review $1,000.00 (Development of surveys, focus group questions,conducting interviews,and focus groups(Two consultants on-site for two days) Evaluation of feedback and documentation,review of I IR Processes 3.PHASE III Staffing study to include surrey of comparable $6,000.00 organizations and development,administration and analysis of questionnaire to assess HR staff. 4.PHASE IV Development of recommendations and meetings $7,500.00 for reviews,H.R Audit Report development and finalization. (1'wo days on-site with two consultants) TOTAL NOT TO EXCEED COST for Phase ZA $22,000.00 SALARY AND PAY PRACTICES STUDY PROFESSIONAL FEES 1.Project Planning and Administration,including initial meeting 3,500.00 with Project Manager and City management. (One consultant onsite). 2.Job Analysis,including Employee Communication Sessions 3,500.00 and distribution of job Description Questionnaire GDQ)(One consultant for two days onsite). 3.Review of Classification Structure including FMA reviews, 4,500.00 employee interviews,management briefings (One consultant onsite one day) 4.Salary and Pay Practices survey,including development of 8,000.00 survey job summaries from City job descriptions,distribution of survey,participant tracking,and development and distribution of participant report. S.Market Analysis,including compilation and analysis of salary 5,500.00 survey data;design of updated/new pay structure(s),development of implementation plan and implementation cost scenarios;and recommendations;and presentation of preliminary data and recommendations. (One consultant onsite for two days review of preliminary market data). 6. Updated Jab Descriptions 18,900.00 7. Review of Performance Fvaluation Process and Development 3,000.00 of Recommendations. © 2010-THE WATERS CONSULTING GROUP, INC. PAGE • 1 "I IIIS PROPOSAL C;<1V"I.AIXS 11ROPRII-1ARY IAPORNA�I)O`C ASI) I.,7IIE.SOLL PROP4:RlY£>P tl"1;1�,IAC, ]III,PROVO>.AI.1>NO7T CPKUUt TO IW R 'C P-.1)PUIt.A�:Y RL ASo \\\I 1 IIOC"1"1)115\ARilIIA' £:OSSEKT 01 \k(:(;,tA'_ 8. Development and On-site Presentation of Recommendations 3,000.00 and options. (One consultant onsite for two days). 9. One Year of Free Phone Consultation Following Study 0.00 Implementation. SUBTOTAL OF PROFESSIONAL FEES lot Phase IB $49,900.00 TOTAL OF PROFESSIONAL FEES for Phase 1A&1B $71,900.00 (includingpresentation offindings and recommendations in Phase 2) ESTIMATE OFEXPENSES(printing ofpra minary and frnalreport;travel expenses) $4,500.00 TOTAL NOT TO EXCEED COST for Phase 1A&1B and $76,400.00 Phase 2 I f! I i I i i © 2010-THE WATERS CONSULTING GROUP, INC. MAGE • 2 TIIIS PROPOSAL CONI'AINS PROPRIETARY IN17ORNCAT[ON AND IS THE SOLE PROPERTY OF\C'f.G,INC. THIS PROPOSAL.Is NOT TO BE RRPRODUCED FOR ANY REASON WITBOUT TI117 MMITTEN CONSF.N'1'OP\C'C,G,INC. � i i I _ } PROPOSAL TO THE CITY OF ROUND ROCK, TEXAS C.;� RESPONSE TO REQUEST FOR PROPOSAL SOLICITATION #12-025 REQUEST FOR PROPOSAL HUMAN RESOURCES DEPARTMENT ASSESSMENT FACILITATING OUR CLIENT'S SUCCESS BY ATTRACTING AND RETAINING TALENTED EXECUTIVES Ruth Ann Eledge Chief Executive Officer The Waters Consulting Group,Inc. 5050 Quorum Drive,Suite 625 Dallas,Texas 75254 s l: l' S i a EXHIBIT u�u s { r THE WATERS CONSULTING { ~) GROUP, INC. April 17,2012 City of Round Rock Purchasing Department 221 E.Main Street Round Rock,Texas 78664-5299 Re:RFP 12-025 for Human Resources Department Assessment Thank you for the opportunity to submit this proposal describing our approach in assisting the City of Round Rock, Texas with an assessment of the Human Resources Department and the City's classification and compensation systems.Based on the City's Request for Proposal,we have developed a customized work plan for your consideration.In Phase iA WCG proposes to conduct a comprehensive audit of the Human Resources Department (HR)to ensure Its effectiveness to enhance HR services and align HR operations with the City's strategic goals. The scope of work will evaluate all human resources activities with multiple goals in mind: are they aligned with the City's goals;are they compliant with federal and state law and;do they effectively support operating departments in delivering their services to the public? Phase IB of the project Includes a review the City's compensation and classification system as well as Its performance management system. This will involve a job classification review and update,a review of FLSA exemption status,updated job descriptions,a compensation survey with pay structure development,and a review of compensation practices and the performance management system. Phase 11 involves the development and review of recommendations and a comprehensive Implementation plan. Having a successful and fiscally responsible classification and compensation system will provide the basis for the City's ability to attract,retain, and motivate strong-performing employees and WCG has the ability and resources to conduct this study and provide the services stipulated In the scope of work. We will comply with all terms and conditions stated in the RFP. If awarded this contract,we are prepared to commence work Immediately.If you have any questions regarding the enclosed proposal,please contact me at 512-447-8766,my direct line,or by email at raeledge@watersconsulting.com.I am authorized to answer questions regarding this proposal and bind the firm in a contract.This proposal will be valid for at least ninety(90)days. Sincerely, Ruth Ann ledge,Chief Executive Mcer The Waters Consulting Group,Inc. 5050 Quorum Drive,Suite 625 Dallas,Texas 75254 i (� Table of Contents LETTER OF TRANSMITAL....................................................................................................................................TABI PAGE 2 TABLEOF CONTENTS..........................................................................................................................................TAB 2 PAGE 3 PREVIOUS PERFOMANCE/EXPERIENCE............................................................................................................TAB 3 PAGE 4 AVAILABLE RESOURCES AND CONSULTANT LOCATION..............I.................................................................TAB4 PAGE 9 METHODOLOGYAND APPROACH.....................................................................................................................TAB 5 PAGE 11 TIMELINE...............................................................................................................................................................TAB 6 PAGE 21 COSTPROPOSAL...................................................................................................................................................TAB 7 PAGE 23 } A BRIEF OVERVIEW OF WCG The Waters Consulting Group,Inc.(WCG)Is a Dallas-based management consulting firm specializing in compensation,classification,job analysis,job evaluation,performance management,organizational analysis, succession planning,benefits studies,Human Resource audits,and executive search consulting.In addition to our Dallas office,we have offices in Austin,Texas;and Cleveland,Ohio.With more than 30 years of experience,WCG has emerged as a leader in evaluating,designing,and installing state-of-the-art compensation and human resource systems.We have experience in all areas of human resources in both the public and private sectors.The firm was founded In 1976 under the name of Waters,Trego,and Davis and was Incorporated in 19881n Texas under the name of The Waters Consulting Group,Inc. At WCG,we pride ourselves in bringing a high-level of personal commitment to everything that we do.We get to know our clients—their concerns for success,their strategic goals,and their operational culture—that is the only way we can deliver customized systems for organizations of all sizes.No litigation,claims,or contract disputes have been filed by or against WCG in its 30-year history. Upon authorization to proceed,WCG Is prepared to perform this contract in a timely,effective,and efficient manger. NAMES OF KEY PERSONNEL CoordinatorExecutive Officer and Project Ruth Ann Eledge started working with WCG in 2000 and Is the Vice President of the Consulting Services Division. In C this role,she leads and oversees many of our HR studies and compensation projects and works closely with the entire consulting team to ensure on-time delivery while meeting the quality requirements of our clients. Ruth Ann has more than 24 years of public sector experience with the City of Austin,Texas. Before joining the WCG team In 2000,she served as the City's Director of Human Resources and Civil Service. Under Ruth Ann's leadership,the City of Austin received an A+rating from Governing Magazine for having a top Human Resource Department in 2000,an honor given only to two cities nationwide. Ruth Ann has worked closely with and supported various boards and commissions for the City of Austin,Texas,including the Civil Service Commission, Human Rights Commission,Mayor's Committee for Person's with Disabilities,and the City Council Affirmative Action Subcommittee. AREAS OF EXPERTISE • Total Compensation and Classification System Design and Development • Position Description Analysis • Point Factor Job Evaluation System Design and Installation • Market Surveys and Analysis • Benefits Surveys and Reporting • Salary Administration Audits • Employee Opinion Surveys • Compensation Philosophy Design _ • FISA Analysis • EEO Analysis • Expert Witness Services In the area of compensation and classification for municipalities �J PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Ruth Ann received her master's degree(MPA)from Southwest Texas State University and her bachelor's degree from the University of Texas at Austin. Years of relevant service: over thirty years TL • Director of E-Solutions and Senior Consultant TL Cox serves as Director of E-Solutions and Senior Consultant for WCG's Consulting Services Division since 2008. In this role,he assists in developing custom human resources and compensation-related programs to meet our client's strategic goals and philosophies. Before joining WCG's consulting team,TL worked In program management in the aerospace industry,where he was responsible for client services,procurement and supplier development,and budget/contractual oversight for both commercial and military customers. He also served Independently for Tri-County Indian Nations Community Development Corporation,completing legislative analysis, research,and proposal writing assignments,ensuring his assigned tasks represented appropriately Tri-County's overall mission. Previously,TL was employed in Information Technology with the Chickasaw Nation Division of Commerce,and in training/curriculum development for telecommunications and consumer electronics clientele. AREAS OF EXPERTISE • Total Compensation and Classification System Design and Development • Position Description Analysis �- • Point Factor Job Evaluation System Design and installation • Market Surveys and Analysis • Benefits Surveys and Reporting • Job Description and Job Family Development • Employee Training and Orientation • Organizational Analysis PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION TL attended Southeastern Oklahoma State University in Durant,Oklahoma,earning a bachelor's degree(summa cum laude)In political science and communication,and the University of Texas at Arlington,where he completed a Master's of Public Administration. Years of relevant experience: over 10 years �JOYCE C.POWELL,CCP Compensation Joyce C.Powell serves as a Senior Consultant in HR and compensation systems with WCG since 2004. In this role, she assists In developing custom compensation programs to meet our client's strategic goals and philosophy. Joyce is a certified compensation professional with more than 20 years of hands-on experience. Before joining the WCG team in 2004,she served as an Independent consultant working for private and public sector organizations In a variety of Industries Including energy and oil,healthcare,information services,defense,insurance, transportation,and education. Prior to consulting,she also served as the Supervisor of Compensation and Human .J Resources for a subsidiary of a Fortune 500 company. Joyce also has extensive experience in developing affirmative action plans and conducting custom HR analysis studies. She also is experienced at conducting HR system reviews,FLSA reviews,compensation reviews,market analyses,and internal equity studies. AREAS OF EXPERTISE • Compensation Market Surveys and Competitive Analysis • HR Legal Compliance(EEO/Affirmative Action Analysis,Workforce Avaliabllity/Utilization Analysis,FLSA Reviews,and Public Utility Commission Reports on Workforce Diversity and Historically Underutilized Businesses) • Job Analysis and Classification Review • Point Factor Job Evaluation System Design and Implementation • Job Information Questionnaire and Job Classification Survey Development • Job Description and Job Family Development • Compensation Structure Development and Implementation • internal Equity Studies • Performance Evaluation System Development • Compensation Department and Salary Administration Reviews • HR Policies and Procedures • Salary Administration Guidelines • Incentive and Alternative Pay Program Design C_ PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Joyce attended West Texas A&M University in Canyon,Texas. She is a Certified Compensation Professional(CCP) through WorldatWork(formerly the American Compensation Association). Years of relevant service: 25 years LINDA C.COBB Senior • and Project Lead Linda Cobb,retired Director of Human Resources and Civil Service for the City of Fort Worth,joined WCG In 2004. During her 17-year tenure In the HR Department,Linda sought to find solutions for the operating departments' human resource needs. Linda was on the City Manager's Team to redirect all City departments toward strategic business planning,Including outcome-based performance measurement and alignment of department actions with the strategic goals of the City. During her 12-year tenure with the Fort Worth Water Department,Linda was involved in department and division reorganizations and management consulting activities that resulted in immediate savings and better customer service,while also rewarding employees for"knowing more and doing more:' One of Linda's strengths Is the development of skill-based pay systems for water,wastewater,and electric utilities, as well as for public works functions. She has managed several projects with WCG In this arena of organizational analysis and alternative pay systems that address clients'needs to streamline their operations. ( J Her experience Is diverse,including such activities as the creation of a Leadership Development program, " development of the City's Crisis Intervention Plan(in response to the Wedgwood Baptist Church shooting ( incident),development and implementation of a performance management system,development of a total \� compensation approach to salary and benefit administration and implementation of premium/bonus pay plans to address critical,high-demand positions. AREAS OF EXPERTISE • Organization Analysis including Sunset Reviews • Sob Analysis,Job Evaluation,Classification and Compensation Review • Strategic Business Planning and Process Mapping and Evaluation • Performance Management • Diversity Analysis Studies and Supportive Programs • Effective and Equitable Hiring and Selection Methods • Skill-and Competency-based System Design and Implementation PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Linda received her bachelor's degree from Carleton College in Northfield,Minnesota,and her master's degree from the University of Denver. Years of relevant experience: over 30 years USE OF SUBCONTRACTORS No subcontractors will be utilized to provide services for this project. MUNICIPAL AND GOVERNMENT REFERENCES City of Fort Worth,Texas—Housing and Municipal Courts Address: 1000 Throckmorton St. Ft.Worth,Texas 76102 Contact Person/Title: Thomas Higgins Phone# City Manager (817)392-6192 Email: thomas.hiesins@fortworthgoYM Project: Evaluate the effectiveness of the Department's operations and to examine opportunities for improvements In productivity,efficiency and reduction in costs similar to the State of Texas Sunset Review process. Project Completion Date: 2008.Cost:approximately$110,000. City of Greenville/Greenville Utilities Commission,North Carolina Address: Greenville Utilities Commission City of Greenville,NC P.O.Box 1847 200 West Fifth Street Greenville,NC 2783-1847 Greenville,NC 28734 Contact Person/Title: Mr.Ron Elks Mr.Thom Moton General Manager Acting City Manager Phone# (252)551-1500 (252)329-4432 �./ Email: elksr@guc.com tmoton@ereenvillenc.eov 1 Project: Comprehensive Classification and Compensation Study 1583 employees In over 400 classifications.WCG will be conducting on-going maintenance. Review and assessment of the GUC Human Resources Department, development of a Strategic 5-Year Plan for the Department.Project Date: 2012 Cost:approximately$177,175. City of Oklahoma City,Oklahoma Address: 420 W.Main,Suite 110 Oklahoma City,OK 73012 Contact Person/Title: Ms.Monica Coleman Assistant Director of Human Resources Phone#: (405)297-2530 Email: monica.colemanOokc.gov Project: Comprehensive Compensation/Classification and Benefits Study for all 4240 employees in 400 classifications citywide.Project completion date:2010 Cost:approximately$191,750. Jefferson County,Colorado Address: 100 Jefferson County Parkway Golden,Colorado 80401 Contact Person/Title: Ms.Pat Maher Former Director of Human Resources Phone#: (520)488-4206 Email: pmaher922@comcast.net s Service Provided: Comprehensive Compensation and Classification Study for 2,800 employees In approximately 500 classifications. Project Completion Date:2010 Cost:approximately$191,750. City of Cedar Park,Texas Address: 600 N.Bell Ave. Cedar Park,TX 78613 Contact Person/Title:Miguel Ozuna Human Resources Director Phone#: (512)401-5254 Email: ozuna@cedarparktx.us Multiple compensation and classification studies Including a total compensation review and market updates. Last updated completed 2011.Project costs ranging from$20,000 to$35,000. S 7 M f_ '� •1 1 � A •r ' I T TO Ax_I C't-i E rr r -'r E Ruth A . E.I,, c--d(.,Ye. S TrH IS � :b il':. -J.=:•_ �.J: ''.'::>,-. .;1: ....•�!'•�;. � Lill ..i' _.!.�. !�. ...1 �'- .:i, .I,If �.. i. Senior Protessiona in Hunnan. J-%'lCSOur0l,_,,S I�1J`?()I 0 - 12-'5 L(2 0 12 '� I '•_1 1 t 174': 111'141-'! t=h71 iV, it Ym i 1:101 -'i✓�i l{1{��:! �\I I-'i�Jt:' it`C�`t 71�{�. i�f�iC�•${C.:'��:�3 i'iryS I�i:i•i%i'f't":r;i9 i%�I:! Joyce Powell ria. ,:•+?rorrt:r;:fir%>< roc:,....:hrruul�.';vrrrri.r+o�thrbn� .:;nr;.l:rriiirr:ari:�i, 121,,, :. i�tt cs •lrrtli':.rl: 0610411990 02/01/2014 2..r....�h..t Worldlatl'dork Socico,of Certified Professionals, . r_ �r � `F:; C:CP. G•"S�..CSCP":%cGt%' ::�?:1YiCP' s S 1 k s i t t } // is i Available Resources and Consultant Location Waters Consulting Group, Inc. (WCG)is a management consulting firm specializing in supportive human resource services and studies, innovative compensation design, and performance management development. Our main office Is in Dallas,Texas,and we have other offices in Austin,Texas; Bellevue,Washington,and Cleveland, Ohio. Over the past 30 years, we have emerged as a leader in evaluating, designing, and installing state-of-the-art compensation and human resource systems. The firm was founded in 1976 under the name of Waters,Trego,and Davis and was incorporated in 1988 in Texas under the name of The Waters Consulting Group, Inc. A copy of our organizational structure is on the following pages. Our offices are open Monday through Friday from 8:00 a.m.to 5:00 p.m. After hours,our consultants are available by cell phone and email. It's our years of compensation and human resource consulting experience coupled with our unique approach and personal touch that drives our internal standard for delivering outstanding services and top-quality products. WCG has helped more than 2,500 public and private organizations throughout the years with their compensation and human resource challenges. We pride ourselves in bringing a high-level of personal commitment to everything that we do. We get to know our clients--their concerns for success,their strategic goals,and their operational culture — that Is the only way we can deliver customized systems for organizations of all sizes. But our professional commitment does not just stop with our clients. Client satisfaction Is Important to all organizations but,to our firm,It is our chief focus. In our business, referrals C_ and recommendations are the keys to success -- not to mention longevity. No litigation,claims,or contract disputes have been filed by or against WCG In Its 30-year history,and WCG has never been terminated for cause from a project. WCG has not been debarred, suspended or otherwise prohibited from practice by any federal,state or local governments. WCG is licensed to practice in the State of Kansas and have successfully completed compensation studies for two cities in Kansas. If we are selected to complete the work related to this proposal,we will appoint a local agent. • EXPERIENCE AND EXPERTISE: WCG has conducted customized human resource studies in hundreds of organizations across the United States,ranging from capital-intensive,technically oriented companies to non- profit and public organizations. • PROMOTION OF A PARTICIPATIVE APPROACH: Management and employee Input are critical to HR studies. WCG believes that working with employees and management is essential in order to gain internal support and understanding from individuals,at all levels,within an organization. • CUSTOM DESIGNED:All of our programs and studies are designed to suit the particular needs of our clients. Nowhere in the country is there an organization exactly in your situation. It is important that your study blend sound HR principles with your uniqueness. • ON TiME:We pride ourselves in our ability to meet our client's priorities and specific needs. We deliver our services on time and in a first-class manner. • SIMPLICITY: We believe that well-designed human resource programs and studies do not have to be overly C complex to be sound and successful. Our processes are designed to combine effective strategies with the ease e of administration and complete understanding. INFORMATION ON THE FIRM Name: The Waters Consulting Group,Inc. Location: 5050 Quorum Drive,Suite 625,Dallas,Texas 75254 Phone: (972)481-1950 Facsimile: (972)481-1951 Website: www.watersconsultine.com Type of Firm: Corporation Incorporated In the:State of Texas,1988 Tax Identification Number:75-2272138 Our firm is prepared to fulfill all requirements stated in the RFP and Is ready to begin work as soon as authorization Is received. s C• jk 7 t s` t t t" is F'. 1 Y 4 i I t i s F Phase IA: OUR PROPOSED APPROACH WCG proposes to conduct this project in a phased approach, with each phase including a specific work plan describing the activities to be conducted. Given the project scope, these phases will occur throughout the City with a mix of concurrent,sequential and overlapping project activity as necessary. PHASE I-INITIAL PROJECT STRATEGY AND PLANNING This initial phase will involve discussions between WCG and City staff members, potentially including the City Manager, Assistant City Managers, Director of Human Resources and others as appropriate, to clarify the work plan,specify discrete areas for exploration and develop a preliminary schedule for the project. Other information that may be requested by WCG during this phase may include,but is not limited to: • Management and activity reports; • Organization charts and roster information; • Job descriptions for positions in the department; + Departmental mission,purpose and strategic planning information; • Departmental performance measures and performance reports; • Citizen/customer complaints and requests for service; 3 • Selected Incident reports(to be determined jointly with the City representative); + Departmental policy manuals and operating procedures; • Any recent or outstanding documentation regarding employment law issues;and • Detailed budgetary reports. fr I During this phase, criteria utilized to obtain stakeholder feedback will be established with the input and verification of the City. Criteria,stated in the form of a question,might include multiple standards similar to and Including the following: t 3 • How successful has the department been In achieving Its mission,goals,and objectives? • In what ways could the department's functions/operations be less burdensome or restrictive and still adequately serve other City departments,City employees,and/or applicants? • Does the department promptly and effectively address questions/complaints? • How do the department's programs and jurisdiction duplicate those of other agencies or departments and h how well does the department coordinate with those agencies/departments? L Finally,WCG will conduct orientation sessions,to include a schedule of meetings sufficient to provide reasonable f opportunity for the attendance of all HR department personnel. They will be designed to provide information on project scope,methods,timelines and possible outcomes. Once preliminary information has been gathered,stakeholder feedback criteria established,a general project plan determined,and orientation sessions completed,WCG will enter Phase II of the project. : PHASE I I—SWOT ANALYSIS �- During the second phase, WCG will execute targeted discovery tactics to gather relevant Information about the 4: F Human Resources Department from a variety of sources, in order to gain a thorough understanding of the j. department. Each tactic may occur concurrently or sequentially as necessary to balance the capture of data, availability of personnel,and maintenance of the project timeline.The tactics utilized to understand and evaluated the operations and processes of the Human Resources Department may Include but not necessarily be limited to the following: Employment-Labor Law Audit (ELLA) --One of the most critical tactics utilized in this project will be the _ Employment-Labor Law Audit (created by Laurdan Associates). This Audit provides questions about each employment policy and practice and provides the framework within which to compare current practices to Best Practices,as well as to federal and state requirements. Examples of questions in the ELLA Questionnaire for one specific employment practice—the Employment Application--are listed below: • Does your organization have an official employment application form that must be completed by all job applicants? • Does your application form Include a statement that your application form and the application process is not an offer of employment? • Does your application form include a notice that application forms that include information not specifically requested on your application form will be rejected from consideration for employment? • if your organization uses an electronic version of its employment application form,is it easy to find on your website,easily accessible,and easy to download or complete online? • Does your application form request Information about the applicant's current employment and employment history? If"yes," do you request that applicants provide each previous employer's name, C' address,telephone number;name of the applicant's immediate supervisor at each job;and the reason for separation from each job? • Does your application contain a statement about how long it will remain current and in an active file? • Does your application form indicate that employment with your organization Is"employment-at-will'? These are 44 questions in the ELLA on this one employment practice,which is an indication of the depth of the ELLA process on all major human resource functional areas. Market-Based Comparisons---The human resources element of an organization must develop and expand In scope and responsibility as the organization Itself grows. Other discovery tactics indicated below, as well as the ELLA,may indicate specific HR functional areas that need additional research and/or strategic direction. For those areas,WCG will conduct a survey of other public organizations with which Round Rock Is comparable. The purpose of such a survey is to gain ideas utilized successfully to address the specific functional areas so that they achieve the organization's goals. Self Evaluation Report (SER)—The HR Department will submit a report Identifying problems,opportunities, and issues It feels should be considered In the Audit. The perspective of the HR Manager(s) provides a "current state"evaluation from those performing the functions. Overview Meetings — WCG will facilitate overview meetings with HR department management to obtain Information about the department and follow-up Information driven by stakeholder feedback. s Employee Survey--An effectively designed and implemented survey will assist in gaining valuable information about the Human Resource employees' attitudes and opinions regarding their current work environment, management team,operating processes and overall culture. Internal Focus Group Sessions — Focus groups representative of the major functional areas of the HR Department will be conducted to drill down on issues Identified In the employee survey to assist In discovering root Issues and gaps in performance and productivity. Individual interviews — As necessary, where focus group design inhibits information exchange, individual interviews may be conducted to assist in Information discovery. This tactic is used most often with Department Directors and Managers. Internal Customer Feedback —WCG will either design a confidential survey for department customers to provide structured feedback on service delivery and efficiencies or will design focus group sessions wherein departmental representatives provide feedback on HR services and products. Inter-Agency/ Inter-Departmental Survey—A confidential survey tool will be developed and distributed to agencies and departments with which collaboration and/or regular Interaction Is required to gain structured feedback on communication and process efficiencies. Assessment of Policy, Procedure,and Business Process—WCG will thoroughly review existing policies, goals, processes, performance measures, etc. gathered during Phase 1; integrating this analysis with the data gathered from the aforementioned discovery tactics to further confirm areas of need and diagnose gaps and/or redundancy in work flow and performance delivery. C , PHASE III-OVERVIEW OF HUMAN RESOURCES DEPARTMENT As the functional areas of the Human Resources Department are evaluated through the SWOT Analysis, it is equally Important to evaluate the capacity of the Department to fulfill its strategic role. This evaluation Involves two separate but Interrelated Issues. First, are staffing levels In HR adequate to perform the roles and ) responsibilities expected? And,second,does HR staff possess the competencies necessary to perform those roles and responsibilities? Staffing Levels —A market survey will be conducted in Phase 1B for purposes of collecting market data and creating a competitive pay structure. As part of that survey, WCG proposes to collect information concerning staffing levels In the Human Resources Departments of the surveyed organizations. The City of Round Rock's HR staffing(ff of positions as well as types of positions administrative, professional, managerial, etc.) can then be compared to that of Its comparable organizations. F HR Competencies — The HR Competency model is a human resource management strategy that provides a e framework to clarify HR's role in the organization as one of "helping departments succeed." The four major competencies are: l • HR Expert: By being experts in HR matters, HR can become the "go to" place, where employees and ` managers want to go to get answers to their questions. They value the advice and have confidence In the information provided. • Business Partner: Becoming a Business Partner is obviously dependent on becoming experts In HR,but it is also dependent on being responsive, on understanding departments' unique characteristics, and on creating programs that support those departments in achieving their goals. • HR leader: Becoming an HR Leader Involves taking actions that clearly demonstrate a leadership role on HR Issues, such as resolving disputes, pursuing a consensus approach, modeling ethical behaviors and promoting the overall model of management that values teams and collaboration. • Change Agent: A change agent creates an atmosphere where taking risks is acceptable and assists departments in creating an atmosphere for change. A part of the evaluation of HR competencies involves answering questions such as: • Does the department have a strategic plan? How often is it updated? Does it relate to and support the overall City's goals;do HR employees know about the strategic pian and understand how their jobs affect It? • Is HR focused on strategic issues or is it focused on transactions? • How Is the department's performance measured? Are outcomes or inputs utilized as metrics? is customer satisfaction measured and targeted? • Are there adequate controls in place to protect private Information? • How do HR employees view their role In the organization ("controlling" departments versus "helping" ' departments")? • Does HR balance the need to ensure legal compliance with the need to support departments'operational C. needs? With the review of the staffing analysis and of the HR competency issues,WCG will address whether the Human Resources Department has the capacity to fulfill the role required by the City of Round Rock to achieve Employer of Choice status and maintain a leading edge in recruiting and retention. s PHASE iV—HUMAN RESOURCE DEPARTMENT AUDIT REPORT I Following completion of the first three phases of the project, WCG will develop the preliminary Audit Report (Deliverable for Phase 1A). After review and comment by the City,WCG will finalize the report. The final Audit Report of the Human Resources Department will Include: • Executive Summary • Project Approach k • Findings o Detailed findings for each functional area analyzed o Identification of"core"and"non-core"HR functions o Determination of Core functions,if any,are not being performed o Identification of non-compliant areas and Impact • Recommendations o Prioritization of actions to be taken to achieve HR's role In the organization o Schedule of actions,with expected results �il • Supporting Documents(e.g.,Self Evaluation Report(SER),Written Surveys,Focus Group Questions) w I' I l Phase 1B: OUR PROPOSED APPROACH As noted in the RFP—the goal of the City of Round Rock Is to partner with a qualified consultant to update its current classification and compensation system.Specific deliverables of the project include,but are not limited to; 1)an updated classification system that reflects all changes In duties and responsibilities;2)updated ADA compliant classification descriptions that Include minimum qualifications,job-related knowledge,skills and abilities,essential job functions,and appropriate physical requirements;4)a review of the exemption status of all job classifications;S)a market survey and analysis to determine appropriate compensation for City Jobs 6) updated salary structures that reflect the revisions to positions,an appropriate range spread midpoint progression and a market-competitive rate;5)development and administration of an Implementation pian that transitions employee pay into the updated system;6)communications including administration of an employee appeal process; and 7)review and update administrative guidelines,policies,and practices that may be used by the City to maintain the system long term,and 8)a review of the current performance manage system with recommendations for improvements to the system. WCG has worked extensively with public sector organizations, Including those of a similar size and complexity to the City of Round Rock,and has proposed a work plan and corresponding professional fee structure that meets the Scope of Services.The following approach represents WCG's proposed methodology and may be further refined to address the unique needs or concerns of the City in the most effective method possible. Project Plannine and Administration The initial phase of the work plan Includes time for in-depth,on-site strategy meetings with the City in addition to necessary time to support the ongoing administration of the project.During the project planning phase,WCG's Project Manager(s)and the City's Project Team will meet to discuss the Scope of Services outlined in the RFP.It has been our experience that,during this process,our clients can more fully elaborate on the underlying challenges prompting the study,which may lead to a discussion of alternate or optional methodologies.WCG will be prepared to facilitate a review of the initial project budget at the"kick off"meeting to ensure it addresses the stated and unstated needs of the City In a thoughtful and cost-effective manner.It is anticipated that this meeting will take a i day and will begin with the project-planning phase and will end with an overview of all agreed upon project goals, forms and timellnes. It is WCG's practice to provide ongoing communications with our clients to identify critical project milestones and ensure the efficient delivery of services in support of the approved budget and schedule.WCG will conduct(in addition to the on-site meetings discussed In this proposal)periodic status updates via GoToMeeting(i.e.a "teleconference"). This first phase also involves the collection of essential data,Including: • A comprehensive employee compensation download,Including date of hire,time in current job,current rate of pay,current direct and indirect benefit costs by employee,special pay allocations and other total compensation related data; • Personnel rules and regulations; • Organizational charts; • Job descriptions; x f 4 • Current Fair Labor Standards Act(FLSA)designation reports;and • Other Information,such as Equal Opportunity(EEO)demographics,that is necessary to conduct a successful audit of your existing systems. Employee and Management Communication Sessions Our experience has shown that it is critical to provide opportunities for meaningful participation by all employees in a project of this nature.Our approach involves making informative presentations to individuals at all levels within the organization.This helps manage expectations and ensure a consistent message about 1)what is included in the study,2)the timeline,and 9)anticipated levels of involvement.It anticipated that meetings with representatives from employee unlons.will be conducted to facilitate understanding of the scope of the project and how the representatives can assist their members throughout the study. It is during this time that we develop(with the City's input)and review(with employees and managers)customized Job Description Questionnaire that employees will be asked to complete to provide current documentation of all City jobs. The customized Job Description Questionnaire(JDQ)will be distributed,and employees will be given an In-depth review regarding the accurate and full completion of the questionnaire. JDQ's provide information about each City position used for benchmarking(the market study)and are used in the job analysis process to determine each position's appropriate classification. During these sessions,WCG will provide a toll free telephone number specifically for the City that will be used to collect and answer project-related questions and comments from employees.This toll free service will be In the C-1 form of a voicemail system and will be available 24 hours a day.In addition,a designated email address (CitvofRound Rock-orolect(o)watersconsultins com)will be available for all employees,staff and management as a secondary form of communication. S We typically conduct separate sessions with directors,supervisors,and managers to provide a forum for discussion of specific issues they face.They will have the opportunity to ask specific project related questions as well as those that relate to their departments'needs and concerns.We value the Input and perspective that members of key management introduce to our studies and find that without their support the system cannot truly be customized to meet the City's needs.WCG also will include the distribution,collection and review of a Management t Questionnaire designed to gather critical Information directly from department heads and members of key management,such as positions with excessive turnover or recruitment problems and other compensation related challenges.We have found that that this allows us to further tailor our approach to review inequities among various workgroups. Employee Interviews x Employee and management interviews may be conducted as needed to further define job knowledge,skills and abilities.These interviews will be used to further refine the classification system and determine appropriate FLSA classifications. i Job Analysis This project phase Is one of the most time consuming but fundamental phases In the development of an overall F sound compensation and classification system. It involves carefully analyzing and assessing the results of the Job Description Questionnaires that have been completed by employees, and reviewed by supervisors,to determine I F l' i r relative job functions and to assist in establishing Internal consistency. Simply put, in addition to reviewing how people do their jobs, we plan to review the end results incumbents are accountable for accomplishing. We will analyze job documentation and may make recommendations for the combining of job titles for positions with Inherently the same basic essential functions,duties and requirements,or the creation of new titles for new work— again with a goal to further improve and refine the classification structure. After the classification structure Is finalized,ADA compliant job descriptions will be written. The descriptions will be purpose-driven and will Include a general description,essential functions,allocation of time between functions, physical and non-physical requirements,and job requirements including minimum required education,experience, management and supervisory requirements,technical skills,fiscal responsibilities,and general working condition. Descriptions will be developed and available electronically for review and feedback by the City prior to finalization. Market Data Collection and Analysis This phase of the project will Involve determining the pay levels of incumbents in similar positions in selected organizations using custom and/or published market data.WCG's preferred strategy is to use both a custom survey and published private salary data.For unique or hard to match classifications,WCG will identify career families and jobs that have similar Internal equity to establish a relationship with market data. To select the appropriate benchmark positions,WCG will work with the City in identifying those that are commonly found in other local government providers of comparable size and complexity,as well as private sector entities. The selection of jobs will ensure a broad representation of departments,pay grades,work duties,and essential functions,and should include classifications that have historically posed challenges to the City for recruitment,or retention.Once the list of benchmark positions is approved,existing job descriptions will be used to develop survey job summaries. WCGs approach to the development of compensation and classification systems Is customized to each individual organization.WCG will first determine areas of importance and/or concern to the City prior to recommending benchmark organizations for the study.Market definition,which is a significant policy decision In a project of this nature,should be based on the identification of the City's competition for talent.Some factors that may be used to Identify such organizations are size,operating budget,location/proximity,population change,and similarity in services provided.Upon working with the City to understand what local and regional organizations compete with the City for the recruitment and retention of various employee classes and groups,WCG will prepare a list of recommended benchmark organizations,which would Include descriptions of the factors Identified above(and others as deemed appropriate to the City)to provide a rationale for including them In the survey.Private sector t data may also be Included as the City may compete with private sector for applicants for many job classifications. The survey will also collect data on incentives and pay practices that assist In the evaluation of the City's current x practices and procedures. Our approach will help us identify different strategies that may be appropriate for use }' by the City of Round Rock. Our goal is to make sure that the selection of survey participants completely satisfies the City's staff,management and other Identified stakeholders.The external salary data would then focus on the defined organizations In the public and/or private sectors,to include all of the competitive market where the City recruits and where appropriate for certain job classifications.Defined job markets may vary between different types of positions. Once market data is collected,the WCG team will work closely with the City to clarify any questions concerning i I` r matching positions'responsibilities.It Is critical that we as a team make certain we are matching positions based on job content and scope of duties to ensure job comparability. Market Analysis Based on results of the salary survey data,WCG will make recommendations as to the external competitiveness of all City salary structures.WCC also will provide a written report of the results of the survey,including charts and graphs comparing the City to survey participants.This detailed analysis will include,by survey job title,the participant matching titles,FLSA status,degree of match(to the City's job summary),full or part time status, number of incumbents,geographic(cost of labor)differentials,as well as a detailed statistical analysis.The Information provided to the City will have reports In a format of private and public separately and then combined. The analysis will Include various percentile and average salary calculations and provide general analysis of the competitiveness of all Jobs individually and within employee groups. Design of Updated Compensation Structure Implementation Plan and Implementation Cost Scenarios After each surveyed job has been"priced"in the competitive market,WCG will develop or update salary structure(s)for all positions in the study.WCG will work with the Project Team to determine the appropriate number of pay structures and their relationship to the market data based on the City's stated needs and objectives.Using the current internal hierarchy,market data will be used to establish ranges of pay for each job grouping.Design issues to be considered In the various plans Include: • Range spread(distance from minimum to maximum); • Midpoint progression(difference in midpoint from one range to the next); • Integration of pay philosophies and the City's financial resources;and, • Projecting potential growth,advancement,and recognition of performance through the pay structure(s). Once the appropriate pay grade is established,an analysis of each employee's Compa-Ratio(relationship of salary to current and proposed midpoints)will be completed to determine if acceptable range penetration has been achieved and to address any stated compression problems.Factors such as time in current position as well as an incumbent's performance may be included in this analysis when data is available.Using a standard set of criteria for evaluative purposes will assist in the identification of areas where internal salary relationships need attention. WCG will work with the City to identify solutions and estimated budget impact in order to resolve Inequities. The WCG Team will develop a plan for Implementing the new pay structures.Our proposed plan will include the cost of implementation(as determined by the City's specified Implementation scenarios to address compression) and the effect on each individual employee.WCG will provide the City with extensive data on each employee, Including: • The employee's current job title,grade,and base salary; • The exact position of each employee's job title,grade,and base salary In the proposed structure; • The relationship of the employee's salary to the existing and proposed midpoint. eevlew of the City's pay administration guidelines and procedures K For the City to effectively maintain and administer its classification and compensation systems,it is necessary to ensure that there are comprehensive administration guidelines that reinforce the goals,objectives and f ( compensation philosophy of the City. Recommendations will include information on the programs developed i r t s 3 which will enable staff to maintain the recommended pay plans. Our review will include an assessment or need for suggested changes based on our discussions,observations,best practices,and analysis throughout the project to Improve the overall effectiveness of attracting and retaining employees. Review of the City's Performance Manaeement Svstem WCG has the talent and expertise to help the City reach Its performance goals. In order to focus on the performance management issues,we will continue to thoroughly review the operational aspects of the Round Rock's goals to recommend a system that is complementary to Its culture,goals,and mission. This type of In-depth study allows us to: • Review the processes by which performance opportunities are currently planned, managed, and delivered. • Assess the competitiveness and continued appropriateness of the opportunities being offered and delivered through the current performance management process. + Make recommendations for revisions or modifications to a Performance Evaluation program that would result in an Improved approach to managing the elements of an effective performance management system. Performance Evaluation Programs are designed to primarily promote and support professional development, efficiency,and overall success. The City's senior management,employees,group representatives,and even constituents generally accept properly designed performance plans for public organizations when there Is a discernible relationship between professional development and organizational results. In order to evaluate the best-suited plan for the City,several questions will need to be considered: • How will the results of the performance review be used to Improve performance of work leading to achievement of the City's objectives? • What philosophical, managerial, or financial limitations does the City have in terms of providing meaningful leadership development and future training? • What does the City plan to do with employees who rate as acceptable,or lower,Instead of outstanding at the conclusion of the performance review? • Has the City considered and allowed for the cost necessary to support employees with additional training, development,mentoring,professional coaching,etc.? s • Are performance goals currently compatible with the City's approach to managing and utilizing its employees? Is the organization ready for such a change in performance management? • To what extent is the entire organization committed to changing the Performance Evaluation process? t How much time will it have to dedicate to the development of a customized Performance Evaluation Plan? WCG's evaluation shall include a review of the City's philosophy toward performance appraisal, the administrative procedures, appraisal form, and performance pay matrix, with a report containing items for consideration and/or general recommendations for Improvement. C F Phase 2: OUR PROPOSED APPROACH on-going communication with our clients is a key approach to a successful project. Frequent meetings and briefings will be a part of our work plan. Prior to finalization of any recommendations,WCG consultants will meet and brief City project team members and appropriate officials on the methodology,findings,options,and recommendations. After agreement Is reached on the approaches to pursue, WCG will outline the strategy, project methodology,and costs and/or savings associated with proposed changes in a final report.An Executive Summary will be included In the report to provide enhanced understanding of the results and recommendations. Printed and/or electronic copies of the report and supporting documents will be provided to the identified stakeholders. Meetings will then be conducted to communicate study results and approved recommendations. t i 4 C s s v 4 i c S v s 5 rr i a; d i' C 3 e i i d; 4, S 'z: Project Timeline Time Schedule: The proposed time schedules for Phase 1A and 113 are presented below. Phase 2, report and recommendations is Incorporated into each of the phases with their respective information and recommendations. WCG is open to discussing modifications to this schedule to better meet the needs of the City, if applicable. The schedules will overlap but are not necessarily dependent and the completion of phases within each schedule, so this approach will provide the City with maximum flexibility for project planning. PROPOSED TIME SCHEDULE COMPREHENSIVE AUDIT OF THE HUMAN RESOURCES DEPARTMENT(Phase 1'A and 2) Project Phases Weeks 1 2 3 4 5 6 7 8 9 i 1.Initial Project Strategy and Planning 2.Data Gathering,Stakeholder Feedback,Process Review 3.Overview of HR Department C 4.Evaluation of HR Activities I i' S.Audit Report i 3. 4 z t 7 4' �l I E e k t COMPREHENSIVE'CLASSI)TCATION,COMPENSATION AND.BENEFITS STUDY(Phase IB and 2) Weeks Project Phases 1 2 3 4 S 6 7 8 9 1.Project Planning and Administration. 2.Review of Job classifications, Including Employee Orientation Sessions,distribution of JDQs. 3.Review of Classification Structure and Job Analysis 4.Comprehensive Salary/Wage and i Pay Practices Survey, S.Market Analysis;Development of Updated Compensation Structure(s), Implementation Plan and Cost Scenarios,and recommendations. 6.Update Job Descriptions. 7.Review of Performance Evaluation Process and Development of Recommendations. 8.Development and review of recommendations,and Final Report; Including practices,procedures,and strategies for utilization and maintenance of the compensation system. t E j ( z: i` r i SOLICITATION NUMBER 12-026 SPECIFICATION NUMBER 12-918-86 DATE: MARCH 2012 ROUND ROCK, TEXAS PURPOSE, PASSION. PROSPERITY, Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 { 512-218-6682 www.roundrocktexas.gov 6 Solicitation #12-025 REQUEST FOR PROPOSAL HUMAN RESOURCES DEPARTMENT ASSESSMENT Responses Due: April 17, 2012 1 0f 11 SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12-918.85 DATE: MARCH 2012 CITY OF ROUND ROCK REQUEST FOR PROPOSAL HUMAN RESOURCES DEPARTMENT ASSESSMENT PART GENERAL 1. PURPOSE: The City of Round Rock, herein after"City", seeks an agreement with a qualified Individual, Firm,or Corporation, hereafter referred to as"Respondent', to provide a range of consulting services, hereinafter"Services", pertaining to various aspects of Municipal Human Resource Management. The City seeks Services for the Human Resources Department including, but not limited to, Compliance Analysis,Job Classification Analysis,Compensation Analysis and Performance Appraisal Process Analysis as specified herein. The purpose and objective of the Services shall be to address changes in the.City's operations over the past few years as a result of the growth to the City and the organization. These factors may have affected the type, scope and level of work being performed by City employees as well as the compliance requirements of the Human Resource Department. Additionally, all Services performed shall be in consideration of the City's further anticipated growth. The City seeks to be the Employer of Choice and to maintain a leading edge in recruiting and retention. Additionally,the City desires to be compliant with Local, State and Federal labor laws. 2. BACKGROUND: The City of Round Rock,Texas,with a population of 150,000,to include those residents living just outside the City limits,is located 15 miles north of Austin In the Central Texas Hill Country. This location places the City within three hours driving time to ninety percent of the population of the State of Texas. The City has experienced tremendous growth over the past ten years and is home to a number of major employers. The City is scheduled for a 2060 build-out of 300,000 residents. The City currently employs 806 people. A listing of the current classifications for each is made a part of this solicitation as Attachment B. 3. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the Respondent agrees that the City's standard Definitions,Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions,Terms and Conditions can be obtained from the City's website ' hftt)://www.roundrocktexas.nov/home/indox.asp?pacie=463. —- i' 4. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at hLtp,//www.roundrocktexas.!nov/home/indox.asp?pa-qe=463. F i. 2ofII ` p SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12-918-85 DATE: MARCH 2012 5. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation: 5.1. Attachment A: Reference Sheet 5.2. Attachment B: City's Current Classifications 6. CLARIFICATION: For questions or clarifications of specifications,you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone:512-218-6682 lbaagett(cDroundrocktexas.gov The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. 7. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 7.1. Be firms,corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 7.2. Have adequate organization,facilities, equipment and personnel to ensure prompt and efficient service to the City. 7.3. City prefers,but does not require firm principal or team lead to possess a Professional in Human Resource(PHR)Certification or Senior Professional in Human Resource(SPHR) Certification from the HR Certification Institute. 7.4. City prefers,but does not require firm principal or team lead to possess a Certified Compensation Professional(CCP)designation from the World At Work Society of Certified Professionals. 8. BEST VALUE EVALUATION AND CRITERIA: Respondents may be required to make an oral presentation to the selection team to further present their qualifications.These presentations will provide the Respondent the opportunity to clarify their proposal and ensure a mutual understanding of the services to be provided and the approach to be used. All solicitations received may be evaluated based on the best value for the City. In determining best value,the City may consider: 8.1. Purchase price and terms; 8.2. Reputation of Respondent and of Respondent's goods and services; 8.3. Quality of the Respondent's goods and services; 8.4. The extent to which the goods and services meet the City's needs; 8.5. Respondent's past relationship with the City; 8.6. The total long-term cost to the City to acquire the Respondent's goods or services; 8.7. Any relevant criteria specifically listed in the solicitation. 8.8. The City reserves the right to reject any or all responses,or delete any portion of the response,or to accept any response deemed most advantageous,or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 9. AGREEMENT TERM: The terms of the awarded agreement shall: 3of11 SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12.818.85 DATE: MARCH 2012 9.1. The initial term of the resulting agreement shall be one (1)consecutive twelve(12)month period from the effective date. 9.2. If the respondent fails to perform its duties in a reasonable and competent manner,the City shall give written notice the respondent of the deficiencies and the respondent shall have thirty(30)days to correct such deficiencies. If the respondent fails to correct the deficiencies within the thirty(30)days,the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 9.3. If the agreement is terminated,for any reason,the respondent shall turn over all records,to include but not be limited to the following:reports,tabulations and deliverables,to the City within fifteen(15)working days after completion of duties contained in the agreement. 10. PRICE INCREASE OR DECREASE:A price increase to the agreement shall not be considered. 11. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, non-award,or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.roundrocktexas.aovihomelindex.asp?paae=463. 12. ACCEPTANCE:Acceptance inspection of deliverables should not take more than ten(10)business days. The consultant will be notified within this time frame if the deliverables are not in full compliance with the specifications. If any agreement or purchase order is canceled for non- acceptance,the needed services may be obtained elsewhere and the consultant may be charged full increase, if any, in cost and handling. 13. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law,Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies,materials,equipment,or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The Vendor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however,this policy does not apply to payments made by the City in the event: 13.1. There is a bona fide dispute between the City and Vendor concerning the supplies,materials, services or equipment delivered or the services performed that causes the payment to be late;or 13.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds;or 13.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies,material, or equipment delivered or the services performed which caused the payment to be late;or 13.4. The invoice is not mailed to the City in strict accordance with instructions, if any,on the purchase order or agreement or other such contractual agreement. 14. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities,as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 15. INTERLOCAL COOPERATIVE CONTRACTING(PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the Citys Agreements,with the consent and agreement 4of11 SOLICITATION NUMBER 12.026 SPECIFICATION NUMBER 12-918-86 DATE: MARCH 2012 of the awarded vendor(s)and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However,all parties indicate their understanding and hereby expressly agree that the City is not an agent of,partner to,or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback'procurements. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released March 16,2012 1.2. Pre-Solicitation Meeting(Non-mandatory) March 29,2012 March 29,2012 at 9:00 AM CT Human Resource Offices Round Rock Business Center 221 E. Main Street Round Rock,Texas 78664 Call In Participation: (661)673-8600 1.3. Deadline for questions April 3,2012 1.4. City responses to all questions or addendums April 10,2012 1.5. Responses for solicitation due by 3:00 PM April 17,2012 1.6. Oral Presentation(if necessary) TBD All questions regarding the solicitation shall be submitted in writing by 6:00 PM on the due date noted in PART II, Paragraph 1,sub-paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http:Uwww.roundrocktexas.govlhome/index.asp?page=463. Questions shall be submitted to the City contact named in PART 1, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. PRE-SOLICITATION MEETING: A pre-solicitation meeting will be held to fully acquaint Respondents with the unique needs of the City. The pre-solicitation meeting will be conducted on: March 29,2012 at 9:00 AM CT Human Resource Offices Round Rock Business Center 221 E.Main Street Round Rock,Texas 78664 Call In Participation: (661)673-8600 2.1. The City considers this pre-solicitation meeting Non-mandatory. 2.2. It is the responsibility of the Respondent to be familiar with the specifications herein and to ask any relevant questions they may have concerning this solicitation. 6of11 SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12-918-86 DATE: MARCH 2012 ********************SOLICITATION UPDATES******************** 3. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http://www.roundrocktoxas.nov/home/index.asp?page=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 4. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM,on the date noted above to the Purchasing Department. Mail or carry sealed solicitations to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock,Texas 78664-5299 4.1. Responses received after this time and date shall not be considered. 4.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,number,due date and"DO NOT OPEN". 4.3. Facsimile or electronically transmitted responses are not acceptable. 4.4. tate responses will be returned to Respondent unopened if return address is provided. S. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process,the City may. 5.1. Review all submittals and determine which Respondents are qualified for award of the agreement. 5.2. Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria. 5.3. Attempt to negotiate with the most responsive Respondent an agreement at fair and reasonable terms,conditions and cost. 5.4. If negotiations are successful, enter into an agreement or issue a purchase order. 6.5. If not successful,formally end negotiations with that Respondent. The City may then: 5.5.1. Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair and reasonable terms,conditions and cost with that Respondent. 5.5.2. The City shall continue this process until an agreement is entered into or all negotiations are terminated. 5.6. The City also reserves the right to reject any or all submittals,or to accept any submittal deemed most advantageous,or to waive any irregularities or informalities in the submittal received. 6. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 6.1. Provide City contact(s)information for implementation of agreement. 6.2. Agreement terms and conditions. 6.3. Identify specific milestones, goals and strategies to meet objectives. 6of11 SOLICITATION NUMBER 12.025 SPECIFICATION NUMBER 12-918-85 DATE: MARCH 2012 PART 111 SPECIFICATIONS 1. SCOPE OF WORK—PHASE IA: With the goal of implementing Best Practices and bringing the City's Human Resource Department into full compliance as specified herein,the successful respondent shall conduct a Strength,Weakness, Opportunity and Threat Analysis(SWOT)of the operations and processes of the Department. The SWOTAnalysis shall include, but not be limited to a market and Best Practice comparison. While conducting the analysis,the successful Respondent may conduct staff interviews with the Human Resources Department and City Department Directors and Managers. The analysis shall include a systematic review of the following functional areas and any other areas that the successful Respondent deems necessary: 1.1 Recruitment administration 1.1.1 Hiring 1.1.2 Orientation 1.2 Benefits administration 1.3 Employee discipline process 1.4 Forms 1.6 Records maintenance 1.6 Policies and procedures 1.7 Training 1.8 Equal opportunity employment 1.9 Information technology 1.10 Risk management 1.11 Safety 1.12 Civil service exams 1.13 Fraud prevention 1.14 Strategic planning 1.16 Administrative functions 2. DELIVERABLES—PHASE IA: Utilizing the data collected from the SWOTAnalysis,the successful Respondent shall provide the City with a detailed report articulating the findings. The report shall include but not be limited to the following components: 2.1 Executive summary. 2.2 Market and Best Practices comparative analysis. 2.3 Detailed findings for each function area analyzed. 2.4 Categorization of all activities currently performed as"Core"or"Non-Core"functions. 2.5 Analysis of impact of non-compliant areas. 2.6 Identification of Core functions not currently performed and impact of associated non- compliance. 2.7 Prioritization of all findings and recommended schedule of tasks to obtain a competitive edge in recruiting, retention,and compliance as specified herein. 3. SCOPE OF WORK—PHASE IB: With the goal of bringing the City's Job Classifications, Compensation Rates,Compensation Practices and Performance Appraisal Processes in line with 7of11 SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12.518.86 DATE: MARCH 2012 Central Texas employment market and Best Practices guidelines, the successful Respondent shall be responsible for,but is not limited to conducting the following activities: 3.1 Job Classification Review and Update 3.1.1 In coordination with the City's Directors and Managers, recommend if necessary, updates,and create new job descriptions to accurately reflect employee job duties and responsibilities. 3.1.2 Appropriately classify jobs as exempt or non-exempt for Fair Labor Standards Act (FLSA)status. 3.1.3 Ensure job descriptions are compliant with the current Americans with Disabilities Act. 3.1.4 Ensure job descriptions include appropriate physical requirements. 3.1.5 Consolidate job descriptions within job families. 3.1.6 Recommend updated job titles if job duties mandate. Job titles shall be recognizable classifications. 3.2 Compensation Survey 3.2.1 Recommend relevant compensation surveys or create a custom survey for compensation pricing. 3.2.2 Provide compensation market data for all City benchmark jobs. 3.2.3 Recommend appropriate placement and rank for non-benchmark jobs. 3.3 Pay Structure Development 3.3.1 Develop a competitive pay structure for all jobs. 3.3.2 Ensure that pay range spread is appropriate for all jobs; a. Lower grade jobs shall have a more narrow spread; b. Higher grade jobs shall have a wider spread. 3.3.3 Ensure that the mid-point progression is no less than 5%and no greater than 10%; a. Lower grade jobs shall have a more narrow progression; b. Higher grade jobs shall have a wider progression. 3.4 Compensation Practices 3.4.1 Audit current compensation practices to assure they are fair. 3.4.2 Make recommendations for new hire rates, promotion rates and demotion rates. 3.4.3 Make recommendations for incentive and certification pay. 3.5 Performance Management Process 3.5.1 Review current appraisal process. 3.5.2 Make recommendation(s)as to updates and improvements to provide the City _ with a simplistic and manageable system. 4. DELIVERABLES—PHASE IB: Utilizing the data obtained from the Phase IB activities,the successful Respondent shalt provide the City with the following deliverables: 4.1 Job classification review and finding. 4.2 Compensation survey analysis shall be provided to City in Excel format providing: 4.2.1 Degree of match 4.2.2 Range minimum 4.2.3 Range maximum 4.2.4 Actual average 4.2.5 Weighted average of incumbent employees for market comparable: 8of11 SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12.918.85 DATE: MARCH 2012 4.2.5.1 25"percentile 4.2.5.2 50th percentile 4.2.5.3 76`h percentile 4.3 Pay structure recommendations. 4.4 Pay structure development. 4.5 Compensation practice recommendations. Recommendations shall contain a multi-year implementation strategy based on financial parameters provided by City. 4.6 Performance appraisal process recommendations. 4.7 Prioritization of all findings and recommended schedule of tasks to obtain a competitive edge in recruiting, retention,and compliance as specified herein. 6. SCOPE OF WORK PHASE It: Successful Respondent shall review all specified recommendations with City to develop, in accordance with City,an implementation plan for all agreed directives. City may negotiate for a continued consulting services agreement with successful Respondent for Phase II. 6. TIMELINE: The City seeks completion of the Scope of Work detailed herein no later than sixty (60)days from the start date of the agreement, however, City seeks feedback on achievability of this timeline and Respondent's recommended timeline for the Scope of Work container herein. PART IV SUBMISSION REQUIREMENTS 1. SOLICITATION SUBMISSION REQUIREMENTS:To achieve a uniform review process and obtain the maximum degree of comparability,the responses shall be organized in the manner specified below. Responses shall not exceed thirty(30) pages in length (excluding title pages(s)and index/table of contents,attachments or dividers). Information in excess of those pages allowed will not be evaluated. One page shall be interpreted as one side of a double-spaced, printed,8 1/2"X 11"sheet of paper. It is recommended that responses not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the City. The Respondent shall submit one(1)original signed paper copy and five(5)copies,clearly identified as a"COPY"of its response. In addition,the Respondent shall submit one(1)CD or flash drive,containing a complete copy of Respondent's submission in an acceptable electronic format(PDF, RTF,TXT, DOC,XLS). A complete copy of the Response includes all documents required by this Solicitation. The CD or flash drive shall be titled:"SOLICITATION NUMBER-Complete copy of[Name of Respondent]'s submission.' If supplemental materials are included with the Response,each CD must include such supplemental materials. The Response and accompanying documentation are the property of the City and will not be returned. 1.1. Title Page(1 page)—Show the solicitation title and number,the name of your firm,address, telephone number(s) name of contact person and date. TAB#1 1.2. Letter of Transmittal(1 page)—Identify the services for which solicitation has been prepared. 1.2.1. Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. 1.2.2. Provide the name(s)of the person(s)authorized to make representations for your firm, their titles,address, telephone numbers and e-mail address. 9of11 SOLICITATION NUMBER 12.025 SPECIFICATION NUMBER 12-918-85 DATE: MARCH 2012 1.2.3. The letter of each solicitation shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the firm. The name and title of the individuals(s)signing the solicitation shall be clearly shown immediately below the signature. TAB#2 1.3. Table of Contents(1 page)—Clearly identify the materials by Tab and Page Number. TAB#3 1.4. Previous Performance/Experience—Provide detailed information on firm and team experience with providing consultant services as described in the Scope of Work. 1.4.1. Respondent shall identify the project team and provide statement of qualifications for those individuals to include education, professional registrations and areas and years of service in the respective field. 1.4.2. Respondent shall identify sub-contractors along with their expected services to the City for the scope of work on behalf of the firm. Resumes shall be included for each of the individuals and sub-contractors referenced which demonstrate their qualifications to satisfy all the critical and service requirement areas.The City reserves the right to approve or disapprove all sub-contractors prior to any work being performed. 1.4.3. Provide the name,address,telephone number and e-mail of at least three(3)firms that have utilized similar services from your organization within at least(two)2 years. The City prefers, but does not require, Municipal and/or Government references. Include a brief overview of work performed with,at a minimum, a short description of the services provided, including costs and methodology used for projects. City of Round Rock references are not applicable. References may be checked prior to award. Any negative feedback received may result in disqualification of submittal. Reference contact information shall be submitted on Attachment A; Reference Sheet. 1.4.4. Certification documentation from the HR Certification Institute as specified herein. TAB#4 1.5• Available Resources and Consultant Location--Provide information on size, resources and business history of the firm. TAB#5 1,6. Methodology and Approach—Respondent shall define the method and approach to be used. TAB#6 1.7. Timeline—Respondent shall provide a detailed schedule of the complete project as per the specifications contained herein. TAB#7 1.8. Cost Proposal—Respondent shall include a cost proposal to provide services as described r herein. 1.8.1. Cost proposal shall be value engineered and the break-down shall include a not-to- exceed fee schedule for each phase of the service. 1.8.2. City shall reimburse successful Respondent for required travel at GSA per diem rates. Other requirements and restrictions may apply. z I E r c i F I } i 10 of ii t 5 i' SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12-818-85 DATE: MARCH 2012 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name,address,telephone number and point of contact of at least three(3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City,State,Zip Code Telephone Number ( ) Fax Number: ( ) 2. Company's Name a Name of Contact Title of Contact E-Mail Address Present Address City,State,Zip Code P Telephone Number ( } Fax Number: ( ) e 3. Company's Name Name of Contact Title of Contact I E-Mail Address Present Address City, State,Zip Code Telephone Number ( ) Fax Number: ( ) I FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. i i i i t 11 of 11 3 2 , k prROUNDROCK,TEXAS City Council Agenda Summary Sheet PURPOSE.PASSION PROSPERITY i i i } Agenda Item No. G3. Consider a resolution authorizing the Mayor to execute a contract for consulting services with The Waters Consulting Group, Inc. to conduct a Compensation / Classification study i Agenda Caption: and HR Assessment for the City of Round Rock. t i Meeting Date: June 28, 2012 Department: Human Resources Staff Person making presentation: Valerie LaCour Francois Human Resources Director Item Summary: As discussed during the Council goal setting retreat,this contract will assist with setting our compensation philosophy and updating job descriptions to remain competitive in our region. We created an RFP for these services and received twelve (12) proposals. An evaluation team reviewed the proposals and have chosen The Waters Consulting Group, Inc. Cost: $76,400.00 Source of Funds: General and Utility Funds Date of Public Hearing(if required): N/A Recommended Action: Approval ORIGINAL DOCUMENTS z i I i CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES i WITH THE WATERS CONSULTING GROUP,INC. i I THIS AGREEMENT is made and entered into on this the M�day of StA K4 6 E 2012,by and between the City of Round Rock, a Texas home-rule municipal corporation, whose i k offices are located at 221 East Main Street, Round Rock,Texas 78664-5299 (hereinafter referred to as the "City"), and The Waters Consulting Group, Inc., whose offices are located at 5050 Quorum Drive, Suite 625, Dallas, Texas 75254 (hereinafter referred to as the "Consultant" or "Waters"). 3 RECITALS: WHEREAS, City desires to contract for Consultant's services generally described as perfoiming assessments/analyses of the City's Human Resources Department and the City's classification and compensation systems, as well as its performance management system, and development of recommendations and a comprehensive implementation plan;and WHEREAS,City has determined that there is a need for the delineated services;and WHEREAS,City desires to contract for such services;and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,duties and obligations hereunder; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: I 1.01 EFFECTIVE DATE,DURATION,AND TERM This Agreement shall be effective on the date it has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the tern indicated herein, or is terminated or extended as provided herein. i The initial term of this Agreement shall be for one (1) twelve-month period from the effective date hereof. City reserves the right to review this Agreement at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 2.01 CONTRACT AMOUNT,PAYMENT FOR SERVICES In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant in accordance with Exhibit "A" attached hereto and incorporated 00252254/jkg 1 1 i i herein by reference for all purposes, in payment for services and the Scope of Services deliverables as delineated in Exhibit"A." 1 Deductions. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions. No additions shall be made to Consultant's compensation based upon claims, whether paid by City or denied. 3.01 PROPOSAL FOR SERVICES I For purposes of this Agreement, Consultant has issued its proposal for services for the tasks delineated therein. Such proposal for services is dated April 17, 2012, and submitted in response to City's Solicitation Number 12-025, Specification Number 12-918-85 dated March 2012. Such proposal for services is appended to this Agreement as Exhibit "B" and is incorporated herein by reference for all purposes. 4.01 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described under this "Scope of Services" category and Exhibits "A" and `B." Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended proposal for services, and in accordance with due care and prevailing consulting industry standards for comparable services. Consultant expressly acknowledges and agrees that the required scope of services includes and incorporates Part III Specifications of City's Solicitation Number 12-025, Specification Number 12-918-85 dated March 2012. 5.01 LIMITATION TO SCOPE OF SERVICES Consultant and City agree that the scope of services to be performed is enumerated in Exhibits "A"and"B" and herein, and may not be changed without the express written agreement of the parties. Notwithstanding anything herein to the contrary,the parties agree that City retains absolute discretion and authority for all funding decisions, such to be based solely on criteria accepted by City which may be influenced by but not be dependent on Consultant's work. 6.01 REQUIRED DRAFT REPORTS AND FINAL REPORT Consultant agrees to provide City with any draft reports and a detailed final written report,together with all information gathered and materials developed during the course of work. Consultant agrees to provide City with additional bound copies of the final written report, if and as requested, with the right to make additional copies being at the sole election of City. All copies of the written final report will be to specifications as delineated by City. { {1 1 ' 7.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT Invoices. To receive payment for services, Consultant shall prepare and submit a series ° of monthly invoices in a form acceptable to City. Each invoice for professional services shall track the "Scope of Services" category herein, and shall state and detail the services performed, along with documentation for each service performed. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by City, Consultant shall comply promptly with such request. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. Payment of Invoices. City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 9.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services,but not for taxes based upon Consultant's net income. Offsets. City may, at its option, offset any arnounts due and payable under this Agreement against any debt(including taxes) lawfully due to City from Consultant,regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 8.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 27 1.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shalt be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to,or representative of those outside j agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated "piggyback"procurements. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Consultant will be made within thirty (30) days of the date City receives goods 3 +r{ 4 F 4 i i under this Agreement, the date the perfornance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is ; later. Consultant may charge interest on an overdue payment at the"rate in effect"on September 3 1 of the fiscal year in which the payment becomes overdue, in accordance with VX.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: i A. There is a bona fide dispute between City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed 1 that causes the payment to be late;or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal fields; or D. The invoice is not mailed to City in strict accordance with any instruction on the j purchase order relating to the payment. 10.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Contractor a written notice of termination at the end of its then-current fiscal year. 11.01 TIMETABLES Unless otherwise indicated to Consultant in writing by City, or unless Consultant is unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, the following timetable structure and deliverable due dates shall apply: not later than twelve (12) months from date of execution hereof, but in reasonable conformity to Consultant's schedule tendered to City as a requirement of Part III Specifications, 6. Timeline, of City's Solicitation Number 12-025, Specification Number 12-918-85 dated March 2012. 12.01 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement, that being twelve (12) months from the effective date hereof. Consultant shall not perform any work or 4 S i incur any additional costs prior to the execution, by both parties, of such Supplemental j Agreement. Consultant shall make no claim for extra work done or materials furnished unless 3 and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. j 13.01 TERMINATION; DEFAULT Termination: It is agreed and understood by Consultant that City may terminate this Agreement for the convenience of City, upon thirty (30) days' written notice to Consultant,with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use, subject to the conditions set forth herein. Should City subsequently contract with a new consultant for continuation of service on the project, Consultant shall cooperate in providing information. It is agreed and understood by Consultant that City may terminate this Agreement for cause, upon ten (10)days' written notice to Consultant. Termination of this Agreement shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the party provides the other party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the parties). If default results in termination of this Agreement, then City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. i 5 1 i 5 d 1 The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating party and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require City to pay for any work which it deems unsatisfactory,or which is not performed in compliance with the terms of this Agreement. 14.01 NON-SOLICITATION Except as may be otherwise agreed in writing, during the term of this Agreement and for twelve (12) months thereafter, neither City nor Consultant shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months by the other or any affiliate of the other if such person was involved, directly or indirectly,in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 15.01 CITY'S RESPONSIBILITIES Full information: City shall provide full information regarding project requirements. City shall have the responsibility of providing Consultant with such documentation and information as is reasonably required to enable Consultant to provide the services called for. City shall require its employees and any third parties who are otherwise assisting, advising or representing City to cooperate on a timely basis with Consultant in the provision of its services. Consultant may rely upon written information provided by City and its employees and agents as accurate and complete. Consultant may rely upon any written directives provided by City or its designated representative concerning provision of services as accurate and complete. Required materials: Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner,to provide City with a comprehensive and detailed information request list,if any. 16.01 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: A. Consultant has the right to perform services for others during the term of this Agreement; B. Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; 6 I I i i s 1 j C. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; I D. Consultant or its employees or subcontractors shall perform the services required hereunder. City shall not hire, supervise, or pay any assistants to help Consultant; E. Neither Consultant nor its employees or subcontractors shall receive any training from City in the skills necessary to perform the services required by this Agreement; F. City shall not require Consultant its employees or subcontractors to devote Rill time to performing the services required by this Agreement; and G. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 17.01 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials fiirnished by City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any ! proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to City's business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. City's confidential information and Consultant's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in ! furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the "Disclosing 7 s i i 3 i Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing j Party; (2) is released by the Disclosing Party to any other person or entity (including I governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, I including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement)the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Neither the City nor Consultant will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party's exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything to the contrary in this Agreement, City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for City and delivered to City under the terms of this Agreement (the "Deliverables"); and Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of services under this Agreement (other than the Deliverables). Consultant's working papers and Consultant's Confidential Information (as described herein) shall belong exclusively to Consultant. City shall have a non-exclusive, non-transferable license to use Consultant's Confidential Information for City's own internal use and only for the purposes for which they are delivered to the extent that they form part of the Deliverables. 18.01 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re-perform any work not in compliance with this representation. 19.01 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of City or of this Agreement, then and in that event City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re-perform such services to City's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein, then this Agreement may be terminated for default. j j t i 8 1 i i i 3 i S I I In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence,willful misconduct or misrepresentations by City, its directors, employees or agents. In no event shall Consultant be liable to City, by reason of any act or omission relating to the services provided tinder this Agreement (including the negligence of Consultant), whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive, special or similar damages relating to or arising from the services, or (b) in any event, in the aggregate, for any amount in excess of the total professional fees paid by City to Consultant under this Agreement, except to the extent determined to have resulted from Consultant's gross I negligence,willfiil misconduct or fraudulent acts relating to the service provided hereunder. 24.01 INSURANCE Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term hereof professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in the immediately preceding paragraph, including the required provisions and additional policy conditions as shown below. Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Consultant must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense,to receive copies of these certificates of insurance. Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30)days prior to the expiration,cancellation, on- renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to. City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. 9 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. 3. Terms "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and individual members, employees and agents in their official capacities, or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any future coverage, or to City's Self-Insured Retentions of whatever nature. 5. Consultant and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. 21.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the services contracted for herein. Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 22.01 FINANCIAL INTEREST PROHIBITED Consultant covenants that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product,materials or equipment that will be recommended or required for this project. 23.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 10 I i r i i 24.01 LOCAL,STATE AND FEDERAL TAXES I Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) i incurred while performing services under this Agreement. City will not do the following: 1. Withhold FICA from Consultant's payments or make FICA payments on Consultant's behalf, or 2. Make state and/or federal unemployment compensation contributions on Consultant's behalf; or 3. Withhold state or federal income tax from Consultant's payments. 25.01 NOTICES f All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: when delivered personally to recipient's address as stated in this Agreement; or three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: The Waters Consulting Group, Inc. 5050 Quorum Drive, Suite 625 Dallas,TX 75254 Notice to City: City Manager AND TO: City Attorney 221 East Main Street 309 East Main Street Round Rock,TX 78664 Round Rock,TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 26.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas. If legal action is necessary by either patty with respect to the enforcement of any or all of the terms or conditions herein, exclusive jurisdiction and venue shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 27.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Consultant and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 11 J i i 28.01 DISPUTE RESOLUTION City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration j proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. j 29.01 SEVERABILITY f i The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement, through a process of mutual agreement and negotiation, to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 30.01 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to City and according to generally accepted business practices. 31.01 GRATUITIES AND BRIBES City may, by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code, 32.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made,then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. i i 12 I I 33.01 MISCELLANEOUS PROVISIONS Time of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed project schedule may constitute a material breach of this Agreement. Consultant shall be fiilly responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Neither City nor Consultant shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original; and all of which, taken together, shall constitute one and the same instrument. City agrees to provide Consultant with one frilly executed original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated. THE WATERS CONSULTING GROUP,INC. By: c4au ,C Printed ame: h(A ol Title: —61I�,rytSS St 70PLh(+ (A'AA661le r Date Signed: (.0hLI//j 13 R l � i i CITY OF ROUND ROCK, TEXAS By: Alan McGraw,Mayor Date Signed: '2-9) - 1Z FOR CITY, ATTEST: By: Sana L. White, City Clerk FOR CITY, ROV :tFORM: By: Stephan . Sheets, City Attorney I i r s 14 i I EXHIBIT tl All �'�ole�sstonai'Fseg 1.PHASE I hvtial Project Strategy and Planning(1 day on-site $7,500.00 with two consultants)and on-going administration 2.PHASE II Stakeholder Feedback and process review $1,000.00 (Development of surveys,focus group questions,conducting interviews,and foals groups (Txvo consultants on-site for two days) Evaluation of feedback and documentation,review of HR Processes 3. PHASE III Staffing study to include survey of comparable $6,000.00 organizations and development,administration and analysis of questionnaire to assess HR staff. 4.PHASE IV Development of recommendations and meetings $7,500.00 for reviews,HR Audit Report development and finalization. (I'-,,,o days on-site with two consultants) TOTAL NOT TO EXCEED COST for Phase M 5'22,000.00 SALARY AND PAY PRACTICES STUDY PROFESSIONAL FEES 1.Project Plalming and Administration,including initial meeting 3,500.00 ,,ritli Project'Manager and City management. (One consultant onsite). 2.Job Analysis,including Employee Communication Sessions 3,500.00 and distribution of Job Description Questionnaire((DQ} (One consultant for two days onsite). 3.Review of Classification Structure including FLSA reviews, 4,500.00 employee interviews,management briefings (One consultant onsite one day) 4.Salary and Pay Practices survey,including development of 8,000.00 sun>ey job summaries from City job descriptions,distribution of survey,participant tracking,and development and distribution of participant report. 5.Market Analysis,including compilation and analysis of salan-1 5,500.00 survey data;design of updated/new pay structure(s),development of implementation plan and implementation cost scenarios;and recommendations;and presentation of preliminary data and recommendations. (One consultant onsite for two days review of preliminary market data). 6. Updatec)ob Descriptions 18,900.00 7. Review of Performance Evaluation Process and Development 3,000.00 of Recommendations. © 2010-SHE WATERS CONSULTING GROUP, INC. PAGE • 1 1113 PROPO,.A1.(ONIAI]j I'R(�i"R1135R) INF ORM AAll IS 111E&f)LI PRu11LR7YOP V(tG'PS '3 HI5 I RI)1'tS�.V I�S(I1 '10 Ifi- RLI`R(Iltl[.1 I) 1 OR \N% It{_L>:)A k i i MA-1 131E\\101 11_A CON!5LV1 UI RC(.1\1_. I 8. Development and On-site Presentation of Recommendations 3,000.00 and options. (One consultant onsite for two days). 9. One Year of Free Phone Consultation Following Study 0.00 Implementation. SUBTOTAL OFPROFESSIONAL FEES for Please IB $49,900.001 TOTAL OF PROFESSIONAL FEES for Phase 1A&1B $71,900.00 (including presentation offindings and recommendations in Phase 2) ESTIMATE OF EXPENSES(prin ting ofpreliminary an d final report;travel expenses) $4,900.00 TOTAL NOT TO EXCEED COST for Phase 1A&1B and $76,400.00 Phase 2 s I I i 1 I © 2010-THE WATERS CONSULTING GROUP, INC. PAGE • 2 'I'IIIS PROPOSAI.COX TT \C AINS PRO IN AND IS THE SOLE PROPERTY OF CG, INC. III I"IIIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WIT11OUT TIIF.WRITTEN CONSENTOF ATG,INC. j i i I i _ I t PROPOSAL TO THE CITY OF ROUND ROCK, TEXAS RESPONSE TO REQUEST FOR PROPOSAL SOLICITATION #12-025 REQUEST FOR PROPOSAL HUMAN RESOURCES DEPARTMENT ASSESSMENT FACILITATING OUR CLIENT'S SUCCESS BY ATTRACTING AND RETAINING TALENTED EXECUTIVES Ruth Ann Eiedge Chief Executive Officer The Waters Consulting Group,Inc. 5050 Quorum Drive,Suite 625 Dallas,Texas 75254 EXHIBIT i I THE WATERS CONSULTING GROUP, INC. April 17,2012 City of Round Rock Purchasing Department 221 E.Main Street Round Rock,Texas 78664-5299 Re:RFP 12-025 for Human Resources Department Assessment Thank you for the opportunity to submit this proposal describing our approach in assisting the City of Round Rock, Texas with an assessment of the Human Resources Department and the City's classification and compensation systems.Based on the City's Request for Proposal,we have developed a customized work plan for your consideration.In Phase 1A WCG proposes to conduct a comprehensive audit of the Human Resources Department (HR)to ensure its effectiveness to enhance HR services and align HR operations with the City's strategic goals. The scope of work will evaluate all human resources activities with multiple goals in mind: are they aligned with the City's goals;are they compliant with federal and state law and;do they effectively support operating departments In delivering their services to the public? Phase IB of the project includes a review the City's compensation and classification system as well as its performance management system. This will involve a job classification review and update,a review of FLSA exemption status,updated job descriptions,a compensation survey with pay structure development,and a review of compensation practices and the performance management system. Phase 11 Involves the development and review of recommendations and a comprehensive Implementation plan. Having a successful and fiscally C- responsible classiflcation and compensation system will provide the basis for the City's ability to attract,retain, and motivate strong-performing employees and WCG has the ability and resources to conduct this study and provide the services stipulated in the scope of work. We will comply with all terms and conditions stated in the RFP. If awarded this contract,we are prepared to commence work immediately.If you have any questions regarding the enclosed proposal,please contact me at 512-447-8766,my direct line,or by email at raeledge@watersconsulting.com.I am authorized to answer questions regarding this proposal and bind the firm in a contract.This proposal will be valid for at least ninety(90)days. Sincerely, Ruth Ann ledge,Chief Executive 0qcer The Waters Consulting Group,Inc. 5050 Quorum Drive,Suite 625 Dallas,Texas 75254 �i? Table of Contents LETTEROF TRANSMITAL............................................................................................................................I.......TAB1 PAGE 2 TABLEOF CONTENTS..........................................................................................................................................TAB 2 PAGE 3 PREVIOUS PERFOMANCE/EXPERIENCE............................................................................................................TAB 3 PAGE 4 AVAILABLE RESOURCES AND CONSULTANT LOCATION.................................................................................TAB 4 PAGE 9 METHODOLOGYAND APPROACH.....................................................................................................................TAB 5 PAGE 11 TIMELINE...............................................................................................................................................................TAB 6 PAGE 21 COSTPROPOSAL..............................................................................................I....................................................TAB 7 PAGE 23 A BRIEF OVERVIEW OF WCG The Waters Consulting Group,Inc.(WCG)Is a Dalias-based management consulting firm specializing in compensation,classification,job analysis,job evaluation,performance management,organizational analysis, succession planning,benefits studies,Human Resource audits,and executive search consulting.In addition to our Dallas office,we have offices in Austin,Texas;and Cleveland,Ohio.With more than 30 years of experience,WCG has emerged as a leader in evaluating,designing,and installing state-of-the-art compensation and human resource systems.We have experience In all areas of human resources in both the public and private sectors.The firm was founded in 1976 under the name of Waters,Trego,and Davis and was Incorporated in 1988 in Texas under the name of The Waters Consulting Group,Inc. At WCG,we pride ourselves in bringing a high-level of personal commitment to everything that we do.We get to know our clients—their concerns for success,their strategic goals,and their operational culture—that is the only way we can deliver customized systems for organizations of all sizes. No litigation,claims,or contract disputes have been filed by or against WCG in its 30-year history. Upon authorization to proceed,WCG is prepared to perform this contract in a timely,effective,and efficient manger. NAMES OF KEY PERSONNEL RUTH ANN ELEDGE, . . CoordinatorChief Executive Officer and Project Ruth Ann Eledge started working with WCG in 2000 and is the Vice President of the Consulting Services Division. in C_ this role,she leads and oversees many of our HR studies and compensation projects and works closely with the entire consulting team to ensure on-time delivery while meeting the quality requirements of our clients. Ruth Ann has more than 24 years of public sector experience with the City of Austin,Texas. Before joining the WCG team in 2000,she served as the City's Director of Human Resources and Civil Service. Under Ruth Ann's leadership,the City of Austin received an A+rating from Governing Magazine for having a top Human Resource Department in 2000,an honor given only to two cities nationwide. Ruth Ann has worked closely with and supported various boards and commissions for the City of Austin,Texas,including the Civil Service Commission, Human Rights Commission,Mayor's Committee for Person's with Disabilities,and the City Council Affirmative Action Subcommittee. AREAS OF EXPERTISE • Total Compensation and Classification System Design and Development • Position Description Analysis • Point Factor Job Evaluation System Design and Installation • Market Surveys and Analysis • Benefits Surveys and Reporting • Salary Administration Audits • Employee Opinion Surveys • Compensation Philosophy Design • FLSA Analysis • EEO Analysis • Expert Witness Services in the area of compensation and classification for municipalities PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Ruth Ann received her master's degree(MPA)from Southwest Texas State University and her bachelor's degree from the University of Texas at Austin. Years of relevant service: over thirty years TL COX Director of . • TL Cox serves as Director of E-Solutions and Senior Consultant for WCG's Consulting Services Division since 2008. In this role,he assists in developing custom human resources and compensation-related programs to meet our client's strategic goals and philosophies. Before joining WCG's consulting team,TL worked in program management in the aerospace Industry,where he was responsible for client services,procurement and supplier development,and budget/contractual oversight for both commercial and military customers. He also served independently for Tri-County Indian Nations Community Development Corporation,completing legislative analysis, research,and proposal writing assignments,ensuring his assigned tasks represented appropriately Tri-County's overall mission. Previously,TL was employed in Information Technology with the Chickasaw Nation Division of Commerce,and in training/curriculum development for telecommunications and consumer electronics clientele. AREAS OF EXPERTISE • Total Compensation and Classification System Design and Development • Position Description Analysis `_ • Point Factor Job Evaluation System Design and installation • Market Surveys and Analysis • Benefits Surveys and Reporting • Job Description and Job Family Development • Employee Training and Orientation • Organizational Analysis PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION TL attended Southeastern Oklahoma State University in Durant,Oklahoma,earning a bachelor's degree(summa cum laude)in political science and communication,and the University of Texas at Arlington,where he completed a Master's of Public Administration. Years of relevant experience: over 10 years JOYCE C.POWELL,CCP 'Senior Compensation Consultant Joyce C.Powell serves as a Senior Consultant in HR and compensation systems with WCG since 2004. In this role, she assists In developing custom compensation programs to meet our client's strategic goals and philosophy. Joyce is a certified compensation professional with more than 20 years of hands-on experience. Before joining the WCG team in 2004,she served as an Independent consultant working for private and public sector organizations In a variety of industries including energy and oil,healthcare,information services,defense,insurance, transportation,and education. Prior to consulting,she also served as the Supervisor of Compensation and Human Resources for a subsidiary of a Fortune 500 company. Joyce also has extensive experience in developing affirmative action plans and conducting custom HR analysis studies. She also is experienced at conducting HR system reviews,FLSA reviews,compensation reviews,market analyses,and internal equity studies. AREAS OF EXPERTISE • Compensation Market Surveys and Competitive Analysis • HR Legal Compliance(EEO/Affirmative Action Analysis,Workforce Avaliability/Utilization Analysis,FLSA Reviews,and Public Utility Commission Reports on Workforce Diversity and Historically Underutilized Businesses) • Job Analysis and Classification Review • Point Factor Job Evaluation System Design and Implementation • Job Information Questionnaire and Job Classification Survey Development • Job Description and Job Family Development • Compensation Structure Development and Implementation • Internal Equity Studies • Performance Evaluation System Development • Compensation Department and Salary Administration Reviews • HR Policies and Procedures • Salary Administration Guidelines • incentive and Alternative Pay Program Design C . ' PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Joyce attended West Texas A&M University in Canyon,Texas. She is a Certified Compensation Professional(CCP) through WorldatWork(formerly the American Compensation Association). Years of relevant service: 25 years COBBLINDA C. �Senior ConsultantProject Lead Linda Cobb,retired Director of Human Resources and Civil Service for the City of Fort Worth,)olned WCG In 2004. During her 17-year tenure in the HR Department,Linda sought to find solutions for the operating departments' human resource needs. Linda was on the City Manager's Team to redirect all City departments toward strategic business planning,Including outcome-based performance measurement and alignment of department actions with the strategic goals of the City. During her 12-year tenure with the Fort Worth Water Department,Linda was involved in department and division reorganizations and management consulting activities that resulted in immediate savings and better customer service,while also rewarding employees for"knowing more and doing more." one of Linda's strengths is the development of skill-based pay systems for water,wastewater,and electric utilities, as well as for public works functions. She has managed several projects with WCG In this arena of organizational analysis and alternative pay systems that address clients'needs to streamline their operations. Her experience Is diverse,including such activities as the creation of a Leadership Development program, "' development of the City's Crisis Intervention Plan(in response to the Wedgwood Baptist Church shooting incident),development and Implementation of a performance management system,development of a total compensation approach to salary and benefit administration and implementation of premium/bonus pay plans to address critical,high-demand positions. AREAS OF EXPERTISE • Organization Analysis including Sunset Reviews • Job Analysis,Job Evaluation,Classification and Ccmpensatlon Review • Strategic Business Planning and Process Mapping and Evaluation • Performance Management • Diversity Analysis Studies and Supportive Programs • Effective and Equitable Hiring and Selection Methods • Skill-and Competency-based System Design and Implementation PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Linda received her bachelor's degree from Carleton College in Northfield,Minnesota,and her master's degree from the University of Denver. Years of relevant experience: over 30 years USE OF SUBCONTRAC'T'ORS No subcontractors will be utilized to provide services for this project. MUNICIPAL AND GOVERNMENT REFERENCES City of Fort Worth,Texas—Housing and Municipal Courts Address: 1000 Throckmorton St. Ft.Worth,Texas 76102 Contact Person/Title: Thomas Higgins Phone# City Manager (817)392-6192 Email: thomas.hieeins@fortworthsoy.ora Project: Evaluate the effectiveness of the Department's operations and to examine opportunities for improvements in productivity,efficiency and reduction in costs similar to the State of Texas Sunset Review process. Project Completion Date: 2008.Cost:approximately$110,000. City of Greenville/Greenville Utilities Commission,North Carolina Address: Greenville Utilities Commission City of Greenville,NC P.O.Box 1847 200 West Fifth Street Greenville,NC 2783-1847 Greenville,NC 28734 Contact Person/Title: Mr.Ron Elks Mr.Thom Moton General Manager Acting City Manager Phone# (252)551-1500 (252)329-4432 �_1 Email: elksrC@auc.com tmoton@sreenvillenc.aov 1 Project: Comprehensive Classification and Compensation Study 1583 employees In over 400 classifications.WCG will be conducting on-going maintenance. Review and assessment of the GUC Human Resources Department, development of a Strategic 5-Year Plan for the Department.Project Date: 2012 Cost:approximately$177,175. City of Oklahoma City,Oklahoma Address: 420 W.Main,Suite 110 Oklahoma City,OK 73012 Contact Person/Title: Ms.Monica Coleman Assistant Director of Human Resources Phone#: (405)297-2530 Email: monica.colemanC&okc.eov Project: Comprehensive Compensation/Classification and Benefits Study for all 4240 employees in 400 classifications citywide.Project completion date:2010 Cost:approximately$191,750. Jefferson County,Colorado Address: 100 Jefferson County Parkway Golden,Colorado 80401 Contact Person/Title: Ms.Pat Maher Former Director of Human Resources Phone#: (520)488-4206 Email: pmaher922@comcast.net Service Provided: Comprehensive Compensation and Classification Study for 2,800 employees In approximately 500 classifications. Project Completion Date:2010 Cost:approximately$191,750. City of Cedar Park,Texas Address: 600 N.Bell Ave. Cedar Park,TX 78613 Contact Person/Title:Miguel Ozuna Human Resources Director Phone#: (512)401-5254 Email: ozuna@cedarparktx.us Multiple compensation and classification studies including a total compensation review and market updates. Last updated completed 2011.Project costs ranging from$20,000 to$35,000. coom, 11 453• t I IT.ti � .pRAI � ,,.1 Ir�. I ..li�I '1'-.I1tlh•.� ', � ,'! .. it.� .'r ,1„ •11;.. 1 1 r.. .. is .n 1 .. ,; ` � a� in . Se- u ���a in .. 1J'20 If.) — 12111t.11-2012 I'CI'ihhl'r �b! - {Ill.*)U 1rU:1� �r I STI I 1.1'r'f Il Plefi 1�rtI i f Joyce C Powell .... ,,.Lrn L'Sfi,...=ir r.t 7T'C=;:Fi::"l'7;L71�; '1'tiY.;7�;,�.�'�: htr.'s;nu,icl:�ar i•_t::%�r:�n�:r %_':;; :.,f;1i,.r:: Oo DC11990 07/0112014 _b World tWork Society of Certifiers Pio, siono.ls,. Available Resources and Consultant Location Waters Consulting Group, Inc. (WCG)is a management consulting firm specializing in supportive human resource services and studies, innovative compensation design, and performance management development. Our main office Is In Dallas,Texas, and we have other offices in Austin,Texas; Bellevue, Washington, and Cieveland, Ohio. Over the past 30 years, we have emerged as a leader in evaluating, designing, and installing state-of-the-art compensation and human resource systems. The firm was founded in 1976 under the name of Waters,Trego,and Davis and was incorporated in 1988 in Texas under the name of The Waters Consulting Group, Inc. A copy of our organizational structure is on the following pages. Our offices are open Monday through Friday from 8:00 a.m.to 5:00 p.m. After hours,our consultants are available by cell phone and email. it's our years of compensation and human resource consulting experience coupled with our unique approach and personal touch that drives our Internal standard for delivering outstanding services and top-quality products. WCG has helped more than 2,500 public and private organizations throughout the years with their compensation and human resource challenges. We pride ourselves In bringing a high-level of personal commitment to everything that we do. We get to know our clients—their concerns for success,their strategic goals, and their operational culture — that Is the only way we can deliver customized systems for organizations of all sizes. But our professional commitment does not just stop with our clients. Client satisfaction is important to all organizations but,to our firm, it is our chief focus. In our business, referrals and recommendations are the keys to success — not to mention longevity. No litigation,claims,or contract disputes have been filed by or against WCG In its 30-year history,and WCG has never been terminated for cause from a project. WCG has not been debarred, suspended or otherwise prohibited from practice by any federal,state or local governments. WCG is licensed to practice in the State of Kansas and have successfully completed compensation studies for two cities in Kansas. If we are selected to complete the work related to this proposal,we will appoint a local agent. • EXPERIENCE AND EXPERTISE: WCG has conducted customized human resource studies in hundreds of organizations across the United States,ranging from capital-intensive,technically oriented companies to non- profit and public organizations. • PROMOTION OF A PARTICIPATIVE APPROACH: Management and employee Input are critical to HR studies. WCG believes that working with employees and management is essential in order to gain Internal support and understanding from individuals,at all levels,within an organization. • CUSTOM DESIGNED:All of our programs and studies are designed to suit the particular needs of our clients. Nowhere in the country Is there an organization exactly in your situation. It is Important that your study blend sound HR principles with your uniqueness. • ON TIME: We pride ourselves in our ability to meet our client's priorities and specific needs. We deliver our services on time and in a first-class manner. i • SIMPLICITY: We believe that well-designed human resource programs and studies do not have to be overly complex to be sound and successful. Our processes are designed to combine effective strategies with the ease of administration and complete understanding. INFORMATION ON THE FIRM Name: The Waters Consulting Group,Inc. Location: 5050 Quorum Drive,Suite 625,Dallas,Texas 75254 Phone: (972)481-1950 Facsimile: (972)481-1951 Website: w%vw.watersconsu)ting com Type of Firm: Corporation Incorporated in the:State of Texas,1988 Tax Identification Number:75-2272138 our firm Is prepared to fulfill all requirements stated In the RFP and Is ready to begin work as soon as authorization is received. i Phase 1A: OUR PROPOSED APPROACH WCG proposes to conduct this project in a phased approach, with each phase Including a specific work plan describing the activities to be conducted. Given the project scope, these phases will occur throughout the City with a mix of concurrent,sequential and overlapping project activity as necessary. PHASE I-INITIAL PROJECT STRATEGY AND PLANNING This initial phase will involve discussions between WCG and City staff members, potentially including the City Manager, Assistant City Managers, Director of Human Resources and others as appropriate, to clarify the work plan,specify discrete areas for exploration and develop a preliminary schedule for the project. Other information that may be requested by WCG during this phase may Include,but is not limited to: • Management and activity reports; • Organization charts and roster information; • Job descriptions for positions in the department; • Departmental mission,purpose and strategic planning Information; • Departmental performance measures and performance reports; • Citizen/customer complaints and requests for service; • Selected incident reports(to be determined jointly with the City representative); • Departmental policy manuals and operating procedures; • Any recent or outstanding documentation regarding employment law issues;and • Detailed budgetary reports. During this phase, criteria utilized to obtain stakeholder feedback will be established with the input and verification of the City. Criteria,stated In the form of a question,might include multiple standards similar to and including the following: • How successful has the department been In achieving its mission,goals,and objectives? • In what ways could the department's functions/operations be less burdensome or restrictive and still adequately serve other City departments,City employees,and/or applicants? • Does the department promptly and effectively address questions/complaints? • How do the department's programs and jurisdiction duplicate those of other agencies or departments and how well does the department coordinate with those agencies/departments? Finally,WCG will conduct orientation sessions,to include a schedule of meetings sufficient to provide reasonable opportunity for the attendance of all HR department personnel. They will be designed to provide information on project scope,methods,timelines and possible outcomes. Once preliminary information has been gathered,stakeholder feedback criteria established,a general project plan determined,and orientation sessions completed,WCG will enter Phase 11 of the project. PHASE II—SWOT ANALYSIS During the second phase, WCG will execute targeted discovery tactics to gather relevant information about the Human Resources Department from a variety of sources, in order to gain a thorough understanding of the department. Each tactic may occur concurrently or sequentially as necessary to balance the capture of data, availability of personnel,and maintenance of the project timellne.The tactics utilized to understand and evaluated the operations and processes of the Human Resources Department may Include but not necessarily be limited to the following: Employment-Labor Law Audit (ELLA) — One of the most critical tactics utilized in this project will be the Employment-Labor Law Audit (created by Laurdan Associates). This Audit provides questions about each employment policy and practice and provides the framework within which to compare current practices to Best Practices,as well as to federal and state requirements. Examples of questions in the ELLA Questionnaire for one specific employment practice—the Employment Application—are listed below: o Does your organization have an official employment application form that must be completed by all job applicants? C Does your application form Include a statement that your application form and the application process is not an offer of employment? O Does your application form include a notice that application forms that include information not specifically requested on your application form will be rejected from consideration for employment? • if your organization uses an electronic version of its employment application form,is it easy to find on your website,easily accessible,and easy to download or complete online? C • Does your application form request information about the applicant's current employment and employment history? If "yes," do you request that applicants provide each previous employer's name, address,telephone number;name of the applicant's Immediate supervisor at each job;and the reason for separation from each job? Does your application contain a statement about how long it will remain current and in an active file? • Does your application form indicate that employment with your organization is"employment-at-will"? These are 44 questions in the ELLA on this one employment practice,which is an indication of the depth of the ELLA process on all major human resource functional areas. Market-Based Comparisons--The human resources element of an organization must develop and expand in scope and responsibility as the organization itself grows. Other discovery tactics indicated below, as well as the ELLA,may indicate specific HR functional areas that need additional research and/or strategic direction. For those areas,WCG will conduct a survey of other public organizations with which Round Rock is comparable. The purpose of such a survey is to gain ideas utilized successfully to address the specific functional areas so that they achieve the organization's goals. Self Evaluation Report (SER)—The HR Department will submit a report identifying problems,opportunities, and issues It feels should be considered In the Audit. The perspective of the HR Manager(s) provides a "current state"evaluation from those performing the functions. Overview Meetings — WCG will facilitate overview meetings with HR department management to obtain f information about the department and follow-up information driven by stakeholder feedback. Employee Survey—An effectively designed and implemented survey will assist in gaining valuable Information about the Human Resource employees' attitudes and opinions regarding their current work environment, management team,operating processes and overall culture. Internal Focus Group Sessions — Focus groups representative of the major functional areas of the HR Department will be conducted to drill down on Issues identified in the employee survey to assist In discovering root Issues and gaps In performance and productivity. Individual interviews — As necessary, where focus group design inhibits Information exchange, individual interviews may be conducted to assist in Information discovery. This tactic Is used most often with Department Directors and Managers. internal Customer Feedback—WCG will either design a confidential survey for department customers to provide structured feedback on service delivery and efficiencies or will design focus group sessions wherein departmental representatives provide feedback on HR services and products. Inter-Agency/ Inter-Departmental Survey—A confidential survey tool will be developed and distributed to agencies and departments with which collaboration and/or regular Interaction Is required to gain structured feedback on communication and process efficiencies. Assessment of Policy, Procedure, and Business Process—WCG will thoroughly review existing policies, goals, processes, performance measures, etc. gathered during Phase l; integrating this analysis with the data gathered from the aforementioned discovery tactics to further confirm areas of need and diagnose gaps and/or redundancy in work flow and performance delivery. PHASE III—OVERVIEW OF HUMAN RESOURCES DEPARTMENT As the functional areas of the Human Resources Department are evaluated through the SWOT Analysis, It is equally important to evaluate the capacity of the Department to fulfill its strategic role. This evaluation Involves two separate but Interrelated issues. First, are staffing levels in HR adequate to perform the roles and responsibilities expected? And,second,does HR staff possess the competencies necessary to perform those roles and responsibilities? Staffing Levels —A market survey will be conducted in Phase 1B for purposes of collecting market data and creating a competitive pay structure. As part of that survey, WCG proposes to collect information concerning staffing levels in the Human Resources Departments of the surveyed organizations. The City of Round Rock's HR staffing(# of positions as well as types of positions administrative, professional, managerial, etc.) can then be compared to that of Its comparable organizations. HR Competencies — The HR Competency model Is a human resource management strategy that provides a framework to clarify HR's role in the organization as one of "helping departments succeed." The four major competencies are: i t i 3 • HR Expert: By being experts In HR matters, HR can become the "go to" place, where employees and ' managers want to go to get answers to their questions. They value the advice and have confidence in the Information provided. • Business Partner: Becoming a Business Partner is obviously dependent on becoming experts In HR,but It is also dependent on being responsive, on understanding departments' unique characteristics, and on creating programs that support those departments In achieving their goals. • HR Leader: Becoming an HR Leader involves taking actions that clearly demonstrate a leadership role on HR issues, such as resolving disputes, pursuing a consensus approach, modeling ethical behaviors and promoting the overall model of management that values teams and collaboration. • Change Agent: A change agent creates an atmosphere where taking risks Is acceptable and assists departments in creating an atmosphere for change. A part of the evaluation of HR competencies Involves answering questions such as: • Does the department have a strategic plan? How often is it updated? Does it relate to and support the overall City's goals;do HR employees know about the strategic plan and understand how their jobs affect It? • is HR focused on strategic issues or is it focused on transactions? • How is the department's performance measured? Are outcomes or inputs utilized as metrics? Is customer satisfaction measured and targeted? • Are there adequate controls in place to protect private Information? • How do HR employees view their role in the organization ("controlling" departments versus "helping" departments")? • Does HR balance the need to ensure legal compliance with the need to support departments'operational needs? With the review of the staffing analysis and of the HR competency issues, WCG will address whether the Human Resources Department has the capacity to fulfill the role required by the City of Round Rock to achieve Employer of choice status and maintain a leading edge In recruiting and retention. PHASE IV—HUMAN RESOURCE DEPARTMENT AUDIT REPORT Following completion of the first three phases of the project, WCG will develop the preliminary Audit Report (Deliverable for Phase 1A). After review and comment by the City,WCG will finalize the report. The final Audit Report of the Human Resources Department will include: • Executive Summary • Project Approach • Findings o Detailed findings for each functional area analyzed o Identification of"core"and"non-core"HR functions o Determination of Core functions,if any,are not being performed o Identification of non-compliant areas and Impact • Recommendations o Prioritization of actions to be taken to achieve HR's role in the organization o Schedule of actions,with expected results i • Supporting Documents(e.g.,Self Evaluation Report[SER],Written Surveys, Focus Group Questions) Phase 1B: OUR PROPOSED APPROACH As noted in the RFP—the goal of the City of Round Rock Is to partner with a qualified consultant to update its current classification and compensation system.Specific deliverables of the project Include,but are not limited to: 1)an updated classification system that reflects all changes in duties and responsibilities;2)updated ADA compliant classification descriptions that include minimum qualifications,job-related knowledge,skills and abilities,essential job functions,and appropriate physical requirements;4)a review of the exemption status of all job classifications;5)a market survey and analysis to determine appropriate compensation for City jobs 6) updated salary structures that reflect the revisions to positions,an appropriate range spread midpoint progression and a market-competitive rate;5)development and administration of an Implementation plan that transitions employee pay into the updated system;6)communications including administration of an employee appeal process; and 7)review and update administrative guidelines,policies,and practices that may be used by the City to maintain the system long term,and 8)a review of the current performance manage system with recommendations for improvements to the system. WCG has worked extensively with public sector organizations, including those of a similar size and complexity to the City of Round Rock,and has proposed a work plan and corresponding professional fee structure that meets the Scope of Services.The following approach represents WCG's proposed methodology and may be further refined to address the unique needs or concerns of the City in the most effective method possible. ! Prosect Planning and Administration The initial phase of the work plan Includes time for In-depth,on-site strategy meetings with the City in addition to necessary time to support the ongoing administration of the project.During the project planning phase,WCG's Project Manager(s)and the City's Project Team will meet to discuss the Scope of Services outilned In the RFP.It has been our experience that,during this process,our clients can more fully elaborate on the underlying challenges prompting the study,which may lead to a discussion of alternate or optional methodologies.WCG will be prepared to facilitate a review of the initial project budget at the"kick off'meeting to ensure It addresses the stated and unstated needs of the City in a thoughtful and cost-effective manner.It is anticipated that this meeting will take a day and will begin with the project-planning phase and will end with an overview of all agreed upon project goals, forms and timelines. It is WCG's practice to provide ongoing communications with our clients to identify critical project milestones and ensure the efficient delivery of services in support of the approved budget and schedule.WCG will conduct(in addition to the on-site meetings discussed in this proposal)periodic status updates via GoToMeeting(i.e.a "teleconference"). This first phase also involves the collection of essential data,Including: • A comprehensive employee compensation download,Including date of hire,time In current job,current rate of pay,current direct and indirect benefit costs by employee,special pay allocations and other total compensation related data; • Personnel rules and regulations; • Organizational charts; • Job descriptions; i 1 9 • Current Fair Labor Standards Act(FLSA)designation reports;and • Other information,such as Equal Opportunity(EEO)demographics,that is necessary to conduct a successful audit of your existing systems. Emaloyee and Management Communication Sessions Our experience has shown that it is critical to provide opportunities for meaningful participation by all employees in a project of this nature.Our approach involves making informative presentations to individuals at all levels within the organization.This helps manage expectations and ensure a consistent message about 2)what is included In the study,2)the timeline,and 3)anticipated levels of involvement.It anticipated that meetings with representatives from employee unlons.will be conducted to facilitate understanding of the scope of the project and how the representatives can assist their members throughout the study. It is during this time that we develop(with the City's input)and review(with employees and managers)customized Job Description Questionnaire that employees will be asked to complete to provide current documentation of all City jobs. The customized Job Description Questionnaire(JDQ)will be distributed,and employees will be given an in-depth review regarding the accurate and full completion of the questionnaire. JDQ's provide information about each City position used for benchmarking(the market study)and are used in the job analysis process to determine each position's appropriate classification. During these sessions,WCG will provide a toll free telephone number specifically for the City that will be used to collect and answer project-related questions and comments from employees.This toll free service will be in the form of a voicemail system and will be available 24 hours a day.In addition,a designated email address (CityofRound Rock-prolectOwatersconsulting.com)will be available for all employees,staff and management as a secondary form of communication. We typically conduct separate sessions with directors,supervisors,and managers to provide a forum for discussion of specific issues they face.They will have the opportunity to ask specific project related questions as well as those that relate to their departments'needs and concerns.We value the input and perspective that members of key management introduce to our studies and find that without their support the system cannot truly be customized to meet the City's needs.WCG also will include the distribution,collection and review of a Management Questionnaire designed to gather critical Information directly from department heads and members of key management,such as positions with excessive turnover or recruitment problems and other compensation related challenges.We have found that that this allows us to further tailor our approach to review inequities among various workgroups. Employee interviews Employee and management interviews may be conducted as needed to further define job knowledge,skills and abilities.These interviews will be used to further refine the classification system and determine appropriate FLSA classifications. Job Analysis This project phase is one of the most time consuming but fundamental phases in the development of an overall sound compensation and classification system. it involves carefully analyzing and assessing the results of the Job �:l Description Questionnaires that have been completed by employees, and reviewed by supervisors,to determine I relative job functions and to assist in establishing Internal consistency. Simply put, in addition to reviewing how l people do their jobs, we plan to review the end results incumbents are accountable for accomplishing. We will analyze job documentation and may make recommendations for the combining of job titles for positions with Inherently the same basic essential functions,duties and requirements,or the creation of new titles for new work— again with a goal to further improve and refine the classification structure. After the classification structure is finalized,ADA compliant job descriptions will be written. The descriptions will be purpose-driven and will Include a general description,essential functions,allocation of time between functions, physical and non-physical requirements,and job requirements Including minimum required education,experience, management and supervisory requirements,technical skills,fiscal responsibilities,and general working condition. Descriptions will be developed and available electronically for review and feedback by the City prior to finalization. Market Data Collection and Analysis This phase of the project will involve determining the pay levels of incumbents in similar positions In selected organizations using custom and/or published market data.WCG's preferred strategy Is to use both a custom survey and published private salary data.For unique or hard to match classifications,WCG will identify career families and jobs that have similar Internal equity to establish a relationship with market data. To select the appropriate benchmark positions,WCG will work with the City In Identifying those that are commonly found In other local government providers of comparable size and complexity,as well as private sector entities. The selection of jobs will ensure a broad representation or departments,pay grades,work duties,and essential functions,and should include classifications that have historically posed challenges to the City for recruitment,or retention.Once the list of benchmark positions is approved,existing job descriptions will be used to develop survey job summaries. WCG's approach to the development of compensation and classification systems is customized to each individual organization.WCG will first determine areas of importance and/or concern to the City prior to recommending benchmark organizations for the study.Market definition,which is a significant policy decision in a project of this nature,should be based on the identification of the City's competition for talent.Some factors that may be used to identify such organizations are size,operating budget,location/proximity,population change,and similarity in services provided.Upon working with the City to understand what local and regional organizations compete with the City for the recruitment and retention of various employee classes and groups,WCG will prepare a list of recommended benchmark organizations,which would Include descriptions of the factors Identified above(and others as deemed appropriate to the City)to provide a rationale for including them in the survey.Private sector data may also be included as the City may compete with private sector for applicants for many job classifications. The survey will also collect data on incentives and pay practices that assist in the evaluation of the City's current practices and procedures. Our approach will help us identify different strategies that may be appropriate for use by the City of Round Rock. Our goal is to make sure that the selection of survey participants completely satisfies the City's staff,management and other Identified stakeholders.The external salary data would then focus on the defined organizations in the public and/or private sectors,to include all of the competitive market where the City recruits and where appropriate for certain job classifications.Defined job markets may vary between different types of positions. Once market data Is collected,the WCG team will work closely with the City to clarify any questions concerning i I i i matching positions'responsibilities.It Is critical that we as a team make certain we are matching positions based on job content and scope of duties to ensure job comparability. Market Analysis Based on results of the salary survey data,WCG will make recommendations as to the external competitiveness of all City salary structures.WCG also will provide a written report of the results of the survey,including charts and graphs comparing the City to survey participants.This detailed analysis will include,by survey job title,the participant matching titles,FLSA status,degree of match(to the City's job summary),full or part time status, number of incumbents,geographic(cost of labor)differentials,as well as a detailed statistical analysis.The Information provided to the City will have reports in a format of private and public separately and then combined. The analysis will include various percentile and average salary calculations and provide general analysis of the competitiveness of all jobs individually and within employee groups. Design of Updated Compensation Structure, Implementation Plan,and Implementation Cost Scenarios After each surveyed job has been"priced"in the competitive market,WCG will develop or update salary structure(s)for all positions in the study.WCG will work with the Project Team to determine the appropriate number of pay structures and their relationship to the market data based on the City's stated needs and objectives.Using the current Internal hierarchy,market data will be used to establish ranges of pay for each job grouping.Design issues to be considered In the various plans include: • Range spread(distance from minimum to maximum); • Midpoint progression(difference In midpoint from one range to the next); • integration of pay philosophies and the City's financial resources;and, - • Projecting potential growth,advancement,and recognition of performance through the pay structure(s). Once the appropriate pay grade Is established,an analysis of each employee's Compa-Ratio(relationship of salary to current and proposed midpoints)will be completed to determine if acceptable range penetration has been achieved and to address any stated compression problems.Factors such as time in current position as well as an Incumbent's performance may be included in this analysis when data is available.Using a standard set of criteria for evaluative purposes will assist in the identification of areas where internal salary relationships need attention. WCG will work with the City to identify solutions and estimated budget impact in order to resolve inequities. The WCG Team will develop a plan for implementing the new pay structures.Our proposed plan will include the cost of implementation(as determined by the City's specified implementation scenarios to address compression) and the effect on each individual employee.WCG will provide the City with extensive data on each employee, Including: • The employee's current job title,grade,and base salary; • The exact position of each employee's job title,grade,and base salary in the proposed structure; • The relationship of the employee's salary to the existing and proposed midpoint. Review of the City's pay administration guidelines and procedures For the City to effectively maintain and administer its classification and compensation systems,it is necessary to ensure that there are comprehensive administration guidelines that reinforce the goals,objectives and ( compensation philosophy of the City. Recommendations will include information on the programs developed I i which will enable staff to maintain the recommended pay plans. Our review will include an assessment or need for suggested changes based on our discussions,observations,best practices,and analysis throughout the project to improve the overall effectiveness of attracting and retaining employees. Review of the City's Performance Management System WCG has the talent and expertise to help the City reach its performance goals. In order to focus on the performance management issues,we will continue to thoroughly review the operational aspects of the Round Rock's goals to recommend a system that is complementary to its culture,goals,and mission. Thistype of in-depth study allows us to: • Review the processes by which performance opportunities are currently planned, managed, and delivered. • Assess the competitiveness and continued appropriateness of the opportunities being offered and delivered through the current performance management process. • Make recommendations for revisions or modifications to a Performance Evaluation program that would result In an improved approach to managing the elements of an effective performance management system. Performance Evaluation Programs are designed to primarily promote and support professional development, efficiency,and overall success. The City's senior management,employees,group representatives,and even constituents generally accept properly designed performance plans for public organizations when there is a discernible relationship between professional development and organizational results. In order to evaluate the best-suited plan for the City,several questions will need to be considered: • How will the results of the performance review be used to Improve performance of work leading to achievement of the City's objectives? • What philosophical, managerial, or financial limitations does the City have in terms of providing meaningful leadership development and future training? • What does the City plan to do with employees who rate as acceptable,or lower,Instead of outstanding at the conclusion of the performance review? • Has the City considered and allowed for the cost necessary to support employees with additional training, development,mentoring,professional coaching,etc.? • Are performance goals currently compatible with the City's approach to managing and utilizing its employees? Is the organization ready for such a change In performance management? • To what extent Is the entire organization committed to changing the Performance Evaluation process? How much time will it have to dedicate to the development of a customized Performance Evaluation Pian? WCG's evaluation shall Include a review of the City's philosophy toward performance appraisal, the administrative procedures, appraisal form, and performance pay matrix, with a report containing items for consideration and/or general recommendations for improvement. i a Phase 2: OUR PROPOSED APPROACH On-going communication with our clients is a key approach to a successful project. Frequent meetings and briefings will be a part of our work plan. Prior to finalization of any recommendations,WCG consultants will meet and brief City project team members and appropriate officials on the methodology,findings,options,and recommendations. After agreement is reached on the approaches to pursue, WCG will outline the strategy, project methodology,and costs and/or savings associated with proposed changes in a final report.An Executive Summary will be included in the report to provide enhanced understanding of the results and recommendations. Printed and/or electronic copies of the report and supporting documents will be provided to the identified stakeholders. Meetings will then be conducted to communicate study results and approved recommendations. Project Timeline Time Schedule: The proposed time schedules for Phase 1A and 113 are presented below. Phase 2, report and recommendations is incorporated into each of the phases with their respective information and recommendations. WCG is open to discussing modifications to this schedule to better meet the needs of the City, if applicable. The schedules will overlap but are not necessarily dependent and the completion of phases within each schedule,so this approach will provide the City with maximum flexibility for project planning. PROPOSED TIME SCHEDULE COMPREHENSIVE AUDIT OF THE HUMAN RESOURCES DEPARTMENT(Phase 1A and 2) Project Phases Weeks 1 2 3 4 5 6 7 S 9 1.Initial Project Strategy and Planning 2.Data Gathering,Stakeholder Feedback,Process Review 3.Overview of HR Department 4.Evaluation of HR Activities S.Audit Report Z COMPREHENSIVE CLASSIFICATION,COMPENSATION AND BENEFITS STUDY(Phase 1B and 2) Weeks Project Phases 1 2 3 4 5 6 7 8 9 1.Project Planning and Administration. 2.Review of job classifications, Including Employee Orientation Sessions,distribution of JDQs. 3.Review of Classification Structure and Job Analysis 4.Comprehensive Salary/Wage and Pay Practices Survey. 5,Market Analysis;Development of Updated Compensation Structure(s), Implementation Plan and Cost Scenarios,and recommendations. 6.Update Job Descriptions, 7.Review of Performance Evaluation Process and Development of Recommendations. 8.Development and review of recommendations,and Final Report; including practices,procedures,and strategies for utilization and maintenance of the compensation system. i 1 1 SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12-918-85 DATE: MARCH 2012 ROUND RUCK, TEXAS PURPOSE. PASSION. PROSPERITY. Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 512-218-6682 www.roundrocktexas.gov Solicitation #12-025 REQUEST FOR PROPOSAL HUMAN RESOURCES DEPARTMENT ASSESSMENT Responses Due: April 17, 2012 1 0f 11 SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12.818-85 DATE: MARCH 2012 CITY OF ROUND ROCK REQUEST FOR PROPOSAL HUMAN RESOURCES DEPARTMENT ASSESSMENT PART GENERAL 1. PURPOSE: The City of Round Rock, herein after"City", seeks an agreement with a qualified Individual, Firm,or Corporation, hereafter referred to as'Respondent', to provide a range of consulting services, hereinafter"Services", pertaining to various aspects of Municipal Human Resource Management. The City seeks Services for the Human Resources Department including, but not limited to, Compliance Analysis,Job Classification Analysis, Compensation Analysis and Performance Appraisal Process Analysis as specified herein. The purpose and objective of the Services shall be to address changes in the City's operations over the past few years as a result of the growth to the City and the organization. These factors may have affected the type, scope and level of work being performed by City employees as well as the compliance requirements of the Human Resource Department. Additionally, all Services performed shall be in consideration of the City's further anticipated growth. The City seeks to be the Employer of Choice and to maintain a leading edge in recruiting and retention. Additionally,the City desires to be compliant with Local, State and Federal labor laws. 2. BACKGROUND: The City of Round Rock,Texas,with a population of 150,000,to include those residents living just outside the City limits,is located 15 miles north of Austin in the Central Texas Hill Country. This location places the City within three hours driving time to ninety percent of the population of the State of Texas. The City has experienced tremendous growth over the past ten years and is home to a number of major employers. The City is scheduled for a 2060 build-out of 300,000 residents. The City currently employs 806 people. A listing of the current classifications for each is made a part of this solicitation as Attachment B. 3. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the Respondent agrees that the City's standard Definitions,Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions,Terms and Conditions can be obtained from the City's website http://www.roundrocktexas.gov/home/index.asp?pace=463. 4. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at hftp:/lwww.roundrocktexas.cov/home/index.asp?pace=463. 2of11 SOLICITATION NUMBER I 12-025 SPECIFICATION NUMBER 12-918-85 s DATE: MARCH 2012 5. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation: 5.1. Attachment A: Reference Sheet 5.2. Attachment B: City's Current Classifications 6. CLARIFICATION: For questions or clarifications of specifications,you may contact, Joy Baggett Purchasing Department City of Round Rock Telephone:512-218-6682 lbaggett(cDroundrocktexas.gov The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications maybe amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. 7. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 7.1. Be firms,corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 7.2. Have adequate organization,facilities, equipment and personnel to ensure prompt and efficient service to the City. 7.3. City prefers,but does not require firm principal or team lead to possess a Professional in Human Resource(PHR)Certification or Senior Professional in Human Resource(SPHR) Certification from the HR Certification Institute. 7.4. City prefers,but does not require firm principal or team lead to possess a Certified Compensation Professional(CCP)designation from the World At Work Society of Certified Professionals. 8. BEST VALUE EVALUATION AND CRITERIA: Respondents may be required to make an oral presentation to the selection team to further present their qualifications. These presentations will provide the Respondent the opportunity to clarify their proposal and ensure a mutual understanding of the services to be provided and the approach to be used. All solicitations received may be evaluated based on the best value for the City. In determining best value,the City may consider: 8.1. Purchase price and terms; 8.2. Reputation of Respondent and of Respondent's goods and services; 8.3. Quality of the Respondent's goods and services; 8.4. The extent to which the goods and services meet the City's needs; 8.5. Respondent's past relationship with the City; 8.6. The total long-term cost to the City to acquire the Respondent's goods or services; 8.7. Any relevant criteria specifically listed in the solicitation. 8.8. The City reserves the right to reject any or all responses,or delete any portion of the response,or to accept any response deemed most advantageous,or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 9. AGREEMENT TERM: The terms of the awarded agreement shall: 3of11 SOLICITATION NUMBER 12.026 SPECIFICATION NUMBER 12.918.86 DATE: MARCH 2012 9.1. The initial term of the resulting agreement shall be one(1)consecutive twelve(12)month period from the effective date. 9.2. If the respondent fails to perform its duties in a reasonable and competent manner,the City shall give written notice the respondent of the deficiencies and the respondent shall have thirty(30)days to correct such deficiencies. If the respondent fails to correct the deficiencies within the thirty(30)days,the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 9.3. If the agreement is terminated,for any reason,the respondent shall turn over all records,to include but not be limited to the following:reports,tabulations and deliverables,to the City within fifteen(15)working days after completion of duties contained in the agreement. 10. PRICE INCREASE OR DECREASE:A price increase to the agreement shall not be considered. 11. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, non-award,or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.roundrocktexas.nov/homelindex.asp?page=463. 12. ACCEPTANCE:Acceptance inspection of deliverables should not take more than ten(10)business days. The consultant will be notified within this time frame if the deliverables are not in full compliance with the specifications. If any agreement or purchase order is canceled for non- acceptance,the needed services may be obtained elsewhere and the consultant may be charged full increase, if any, in cost and handling. 13. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law,Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies,materials,equipment,or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The Vendor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however,this policy does not apply to payments made by the City in the event: 13.1. There is a bona fide dispute between the City and Vendor concerning the supplies,materials, services or equipment delivered or the services performed that causes the payment to be late;or 13.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds;or 13.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies,material, or equipment delivered or the services performed which caused the payment to be late; or 13.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 14. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 15. INTERLOCAL COOPERATIVE CONTRACTING(PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements,with the consent and agreement 4of11 i SOLICITATION NUMBER 12-026 SPECIFICATION NUMBER 12-91&86 DATE: MARCH 2012 of the awarded vendor(s)and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However,all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to,or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback'procurements. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released March 16,2012 1.2. Pre-Solicitation Meeting (Non-mandatory) March 29,2012 March 29, 2012 at 9:00 AM CT Human Resource Offices Round Rock Business Center 221 E. Main Street Round Rock,Texas 78664 Call In Participation: (661)673-8600 1.3. Deadline for questions April 3,2012 1.4. City responses to all questions or addendums April 10,2012 1.6. Responses for solicitation due by 3:00 PM April 17,2012 1.6. Oral Presentation(if necessary) TBD All questions regarding the solicitation shall be submitted in writing by 6:00 PM on the due date noted In PART 11, Paragraph 1,sub-paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.gov/home/index.ast)?Daae=463. Questions shall be submitted to the City contact named in PART 1, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. PRE-SOLICITATION MEETING: A pre-solicitation meeting will be held to fully acquaint Respondents with the unique needs of the City. The pre-solicitation meeting will be conducted on: March 29,2012 at 9:00 AM CT Human Resource Offices Round Rock Business Center 221 E.Main Street Round Rock,Texas 78664 Call In Participation: (661) 673-8600 2.1. The City considers this pre-solicitation meeting Non-mandatory. 2.2. It is the responsibility of the Respondent to be familiar with the specifications herein and to ask any relevant questions they may have concerning this solicitation. 5of11 I I 3 I SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 1 12-918-86 DATE: MARCH 2012 ********************SOLICITATION UPDATES******************** 3. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at htti)://www.roundrocktexas.gov/home/index.asp?pace=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 4. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM,on the date noted above to the Purchasing Department. Mail or carry sealed solicitations to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock,Texas 78664-5299 4.1. Responses received after this time and date shall not be considered. 4.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 4.3. Facsimile or electronically transmitted responses are not acceptable. 4.4. Late responses will be returned to Respondent unopened if return address is provided. S. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process,the City may: 5.1. Review all submittals and determine which Respondents are qualified for award of the agreement. 5.2. Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria. 5.3. Attempt to negotiate with the most responsive Respondent an agreement at fair and reasonable terms,conditions and cost. 5.4. If negotiations are successful, enter into an agreement or issue a purchase order. 5.5. If not successful,formally end negotiations with that Respondent. The City may then: 5.5.1. Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair and reasonable terms, conditions and cost with that Respondent. 5.5.2. The City shall continue this process until an agreement is entered into or all negotiations are terminated, 5.6. The City also reserves the right to reject any or all submittals,or to accept any submittal deemed most advantageous,or to waive any irregularities or informalities in the submittal received. 6. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 6.1. Provide City contact(s)information for implementation of agreement. 6.2. Agreement terms and conditions. 6.3. Identify specific milestones, goals and strategies to meet objectives. 6of11 i SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12.918-85 DATE: MARCH 2012 PART III SPECIFICATIONS 1. SCOPE OF WORK—PHASE IA: With the goal of implementing Best Practices and bringing the City's Human Resource Department into full compliance as specified herein,the successful respondent shall conduct a Strength,Weakness, Opportunity and Threat Analysis(SWOT)of the operations and processes of the Department. The SWOTAnalysis shall include, but not be limited to a market and Best Practice comparison. While conducting the analysis,the successful Respondent may conduct staff interviews with the Human Resources Department and City Department Directors and Managers. The analysis shall include a systematic review of the following functional areas and any other areas that the successful Respondent deems necessary: 1.1 Recruitment administration 1.1.1 Hiring 1.1.2 Orientation 1.2 Benefits administration 1.3 Employee discipline process 1.4 Forms 1.5 Records maintenance 1.6 Policies and procedures 1.7 Training 1.8 Equal opportunity employment 1.9 Information technology 1.10 Risk management 1.11 Safety 1.12 Civil service exams 1.13 Fraud prevention 1.14 Strategic planning 1.15 Administrative functions 2. DELIVERABLES—PHASE IA: Utilizing the data collected from the SWOTAnalysis,the successful Respondent shall provide the City with a detailed report articulating the findings. The report shall include but not be limited to the following components: 2.1 Executive summary. 2.2 Market and Best Practices comparative analysis. 2.3 Detailed findings for each function area analyzed. 2.4 Categorization of all activities currently performed as"Core"or"Non-Core"functions. 2.5 Analysis of impact of non-compliant areas. 2.6 Identification of Core functions not currently performed and impact of associated non- compliance. 2.7 Prioritization of all findings and recommended schedule of tasks to obtain a competitive edge in recruiting, retention,and compliance as specified herein. 3. SCOPE OF WORK—PHASE IB: With the goal of bringing the City's Job Classifications, Compensation Rates,Compensation Practices and Performance Appraisal Processes in line with 7of11 SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12.918.85 DATE: MARCH 2012 Central Texas employment market and Best Practices guidelines, the successful Respondent shall be responsible for,but is not limited to conducting the following activities: 3.1 Job Classification Review and Update 3.1.1 In coordination with the City's Directors and Managers, recommend if necessary, updates, and create new job descriptions to accurately reflect employee job duties and responsibilities. 3.1.2 Appropriately classify jobs as exempt or non-exempt for Fair Labor Standards Act (FLSA)status. 3.1.3 Ensure job descriptions are compliant with the current Americans with Disabilities Act. 3.1.4 Ensure job descriptions include appropriate physical requirements. 3.1.5 Consolidate job descriptions within job families. 3.1.6 Recommend updated job titles if job duties mandate. Job titles shall be recognizable classifications. 3.2 Compensation Survey 3.2.1 Recommend relevant compensation surveys or create a custom survey for compensation pricing. 3.2.2 Provide compensation market data for all City benchmark jobs. 3.2.3 Recommend appropriate placement and rank for non-benchmark jobs. 3.3 Pay Structure Development 3.3.1 Develop a competitive pay structure for all jobs. 3.3.2 Ensure that pay range spread is appropriate for all jobs; a. Lower grade jobs shall have a more narrow spread; b. Higher grade jobs shall have a wider spread. 3.3.3 Ensure that the mid-point progression is no less than 5%and no greater than 10%; a. Lower grade jobs shall have a more narrow progression; b. Higher grade jobs shall have a wider progression. 3.4 Compensation Practices 3.4.1 Audit current compensation practices to assure they are fair. 3.4.2 Make recommendations for new hire rates, promotion rates and demotion rates. 3.4.3 Make recommendations for incentive and certification pay. 3.5 Performance Management Process 3.5.1 Review current appraisal process. 3.5.2 Make recommendation(s)as to updates and improvements to provide the City with a simplistic and manageable system. 4. DELIVERABLES—PHASE IB: Utilizing the data obtained from the Phase IB activities,the successful Respondent shall provide the City with the following deliverables: 4.1 Job classification review and finding. 4.2 Compensation survey analysis shall be provided to City in Excel format providing: 4.2.1 Degree of match 4.2.2 Range minimum 4.2.3 Range maximum 4.2.4 Actual average 4.2.5 Weighted average of incumbent employees for market comparable: 8of11 a i SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12.918.85 I DATE: MARCH 2012 4.2.5.1 25`"percentile 4.2.5.2 50'h percentile 4.2.5.3 75°i percentile 4.3 Pay structure recommendations. 4.4 Pay structure development. 4.6 Compensation practice recommendations. Recommendations shall contain a multi-year implementation strategy based on financial parameters provided by City. 4.6 Performance appraisal process recommendations. 4.7 Prioritization of all findings and recommended schedule of tasks to obtain a competitive edge in recruiting, retention, and compliance as specified herein. 6. SCOPE OF WORK, PHASE II: Successful Respondent shall review all specified recommendations with City to develop, in accordance with City,an implementation plan for ail agreed directives. City may negotiate for a continued consulting services agreement with successful Respondent for Phase ll. 6. TIMELINE: The City seeks completion of the Scope of Work detailed herein no later than sixty (60)days from the start date of the agreement, however, City seeks feedback on achievability of this timeline and Respondent's recommended timeline for the Scope of Work container herein. PART IV SUBMISSION REQUIREMENTS 1. SOLICITATION SUBMISSION REQUIREMENTS:To achieve a uniform review process and obtain the maximum degree of comparability,the responses shall be organized in the manner specified below. Responses shall not exceed thirty(30) pages in length (excluding title pages(s)and index/table of contents, attachments or dividers). Information in excess of those pages allowed will not be evaluated. One page shall be interpreted as one side of a double-spaced, printed,8 1/2"X 11"sheet of paper. It is recommended that responses not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the City. The Respondent shall submit one(1)original signed paper copy and five(5)copies,clearly identified as a"COPY" of its response. In addition,the Respondent shall submit one(1) CD or flash drive, containing a complete copy of Respondent's submission in an acceptable electronic format(PDF, RTF,TXT, DOC,XLS). A complete copy of the Response includes all documents required by this Solicitation. The CD or flash drive shall be titled: "SOLICITATION NUMBER-Complete copy of[Name of Respondent]'s submission." If supplemental materials are included with the Response,each CD must include such supplemental materials. The Response and accompanying documentation are the property of the City and will not be returned. 1.1. Title Page(1 page)—Show the solicitation title and number,the name of your firm,address, telephone number(s) name of contact person and date, TAB#t1 1.2. Letter of Transmittal(1 page)—Identify the services for which solicitation has been prepared. 1.2.1. Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. 1.2.2. Provide the name(s)of the person(s)authorized to make representations for your firm,their titles,address,telephone numbers and e-mail address. 9of11 s SOLICITATION NUMBER 12.026 SPECIFICATION NUMBER 12-918-85 DATE: MARCH 2012 1.2.3. The letter of each solicitation shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the firm. The name and title of the individuals(s)signing the solicitation shall be clearly shown immediately below the signature. TAB#2 1.3. Table of Contents(1 page)—Clearly identify the materials by Tab and Page Number. TAB#3 1.4. Previous Performance/Experience—Provide detailed information on firm and team experience with providing consultant services as described in the Scope of Work. 1.4.1. Respondent shall identify the project team and provide statement of qualifications for those individuals to include education, professional registrations and areas and years of service in the respective field. 1.4.2. Respondent shall identify sub-contractors along with their expected services to the City for the scope of work on behalf of the firm. Resumes shall be included for each of the individuals and sub-contractors referenced which demonstrate their qualifications to satisfy all the critical and service requirement areas.The City reserves the right to approve or disapprove all sub-contractors prior to any work being performed. 1.4.3. Provide the name,address,telephone number and e-mail of at least three(3)firms that have utilized similar services from your organization within at least(two)2 years. The City prefers, but does not require, Municipal and/or Government references. Include a brief overview of work performed with,at a minimum, a short description of the services provided, including costs and methodology used for projects. City of Round Rock references are not applicable. References may be checked prior to award. Any negative feedback received may result in disqualification of submittal. Reference contact information shall be submitted on Attachment A; Reference Sheet. 1.4.4. Certification documentation from the HR Certification Institute as specified herein. TAB#4 I.S. Available Resources and Consultant Location---Provide information on size, resources and business history of the firm. TAB#5 1.6. Methodology and Approach—Respondent shall define the method and approach to be used. TAB#6 1.7. Timeline—Respondent shall provide a detailed schedule of the complete project as per the specifications contained herein. TAB#7 1.8. Cost Proposal—Respondent shall include a cost proposal to provide services as described herein. 1.8.1. Cost proposal shall be value engineered and the break-down shall include a not-to- exceed fee schedule for each phase of the service. 1.8.2. City shall reimburse successful Respondent for required travel at GSA per diem rates. Other requirements and restrictions may apply. 10 of 11 SOLICITATION NUMBER 12-025 SPECIFICATION NUMBER 12-918-85 DATE: MARCH 2012 i a ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: a RESPONDENT'S NAME: DATE: i Provide the name,address,telephone number and point of contact of at least three(3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two(2)years. City of Round Rock references are not applicable. References may be checked prior to award, Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City,State,Zip Code Telephone Number { ) Fax Number: { ) F 2. Company's Name Name of Contact Title of Contact E-Mail Address Present Address I' fi City, State,Zip Code i Telephone Number ( } Fax Number: ( ) I 3. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City, State,Zip Code Telephone Number1 ( ) Fax Number. FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY r' AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. it 's k t 11 of 11