REQUEST FOR PROPOSAL FOR SALARY AND BENEFITS SURVEY. January 2, 2013

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1 12/11/ :15am Page 1 of 11 REQUEST FOR PROPOSAL FOR SALARY AND BENEFITS SURVEY January 2, 2013 HUMAN RESOURCES DEPARTMENT 421 N. 4 TH ST. PO BOX 4000 STERLING, CO /11/ :14:05 AM Page 1

2 12/11/ :15am Page 2 of 11 CITY OF STERLING, COLORADO Request for Proposal The City of Sterling ( City ) is requesting proposals for Salary and Benefit Survey Services. All proposals must be submitted to: Director of Human Resources City of Sterling 421 North 4 th Street P. O. Box 4000 Sterling, CO Tel: Fax: at or before 4:00 p.m. MST on January 31, All envelopes for proposals must be clearly marked Professional Survey Services Request for Proposals ( RFP ) in bold type. Proposals received later than the time and date specified will not be considered. Upon RFP closing, the City will evaluate each proposal based on submitted information. On completion of the RFP evaluation, the City may contact and/or pursue a contract with a selected survey service provider. CITY OF STERLING RIGHTS The City reserves the right to cancel this RFP in writing or postpone the date and time for submitting proposals at any time prior to the proposal due date. The City by this RFP does not promise to accept the lowest cost or any other proposal and specifically reserves the right to reject any or all proposals, to waive any formal proposal requirements, to investigate the qualifications and experience of any Proposer, to reject any provisions in any proposal, to modify RFP contents, to obtain new proposals, to negotiate the requested services and contract terms with any Proposer, or to proceed to do the work otherwise. All general correspondence regarding the RFP must be addressed to: Director of Human Resources City of Sterling 421 North 4 th Street P. O. Box 4000 Sterling, CO Tel: Fax: /11/ :14:05 AM Page 2

3 12/11/ :15am Page 3 of 11 I. General Instructions All Proposals must be properly signed by an authorized representative of the Proposer with the legal capacity to bind the Proposer to the contractual agreement. The City intends to review the Proposals within ten (10) days of the opening of the submitted Proposals. Upon selection, the City will issue a Notice of Award and an agreement must be completed and signed by all parties concerned within ten (10) days of issuance of the Notice of Award ---- a sample Agreement To Provide Professional Consulting Services is attached hereto as Exhibit A. The City reserves the right to incorporate standard contract provisions into any agreement as a result of a Proposal submitted in response to the RFP. If an agreement is not signed by both parties within ten (10) days of issuance of the Notice of Award, the City may elect to cancel the Notice of Award. II. Project Scope The City of Sterling is seeking proposals for professional services to conduct a comprehensive salary comparison using an objective evaluation process/methodology to review the current pay levels for all regular, full-time positions (between job descriptions). Additionally, the City is seeking an objective comparison of its benefits package with those offered in the same market identified in the pay analysis. A. The Proposal is anticipated to include the following for the Salary and Benefits Survey: 1. Scope of Analysis: The Consultant shall provide a comprehensive pay analysis for each full-time position currently filled at the City. The analysis shall include organization factors such as: location, industry, type of organization, and size. The analysis must include employee specific factors such as: experience, skills, and specialties to perform the job (i.e. licensing), certifications, education level, and additional relevant criteria, (i.e. number of persons supervised or service area of a utility). The analysis shall be done comparing job descriptions, not just job titles. 2. Specific tasks. a. A compensation and classification analysis that includes a survey of wages and benefits for comparable cities and counties and private sector employers. The Consultant shall discuss how they will analyze the results relative to different costs of living in each city or region. b. Compensation and classification analysis that addresses the issue of internal equity. 12/11/ :14:05 AM Page 3

4 12/11/ :15am Page 4 of 11 c. A pay structure that includes a recommendation for recognizing and rewarding different competencies, skills, and/or performance. d. A recommended classification system, which can be maintained on a longterm basis. e. A recommendation for a pay increase system that takes into account both cost of living and merit. f. Presentations to employees, managers, and/or the Sterling City Council. 3. Coordination and site visits. The Consultant shall work directly with the City s HR Department. The Consultant shall conduct at least three (3) site visits. The first visit shall be to explain the methodology. The second shall be to meet with the management staff to ensure correct comparisons. The third shall be to present the final report and findings. 4. Final report. The Consultant shall prepare and provide a final report of the findings after consultation with the City Manager and staff. B. OPTIONAL COSTS/SCOPE that Consultant may feel it beneficial to include in addition to the Proposal: 1. A list of additional services that may be necessary or helpful in performing a more thorough analysis. 2. A price to include a pay analysis for part-time employees (between 15-20) and seasonal employees (between 65-80). 3. A price to include a benefits analysis comparing benefits package offered by the City with other organizations. III. CONFLICT OF INTEREST AND GOOD FAITH The Consultant must disclose in its Proposal any real and/or perceived conflict of interest that it may have with the City in performing services described in the Proposal. By submitting a Proposal the Consultant agrees: that its Proposal is submitted in good faith. that it will disclose in the Proposal, to the best of its knowledge, any circumstances whereby any member of Council or any officer or employee of the City would gain any pecuniary interest, direct or indirect, from the Proposal. that it has not and will not participate in any collusive scheme with any entity or person in developing the Proposal. 12/11/ :14:05 AM Page 4

5 12/11/ :15am Page 5 of 11 If a Consultant considers that a particular relationship or association does not create a conflict of interest and will not create a perception of conflict of interest, but is concerned that the City could arrive at a different conclusion, the Consultant shall fully disclose in writing the circumstances to the City at the earliest possible date, and request that the City provide an advance interpretation as to whether the relationship or association will be likely to create a conflict of interest or a perception of conflict of interest. IV. CONFIDENTIALITY AND PRIVACY Information provided to the Consultant by the City or acquired by the Consultant by way of further inquiries or through investigation is confidential and proprietary information of the City. Such information shall not be used or disclosed in any way by the Consultant without the prior written authorization of the City. The Consultant shall not make any statement of fact or opinion regarding any aspect of the Proposal to the media or any member of the public without the prior written authorization of the City. The Consultants are advised that the City is subject to freedom of information laws, such as the Colorado Open Records Act and that the Consultant will be expected to comply with the obligations imposed upon the City. To the extent permitted, the City shall treat all submissions of the Consultant as confidential. However, the Consultant is advised that any information contained in any submission may be released if required by City policy or procedures, by other authorities having jurisdiction, or as provided by law. All Proposals submitted to the City shall be kept in confidence with the City for the sole purposes of evaluating and developing the best possible strategic option for the City. Submitted Proposals shall become the property of the City. The City shall have the right to make copies of all Proposals for its internal review process and to provide such copies to its staff, legal, technical, and financial advisors and representatives. All information in the Proposal shall become and remain the property of the City; none will be returned. If the Proposals contain any proprietary or trade secret information, said information must be indicated as such. V. INSURANCE AND INDEMNIFICATION REQUIREMENTS The Consultant shall at all times during the term of the agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Consultant. The Consultant shall at all times during the term of the agreement carry, maintain, and keep in full force and effect, a policy or policies of Professional Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence. 12/11/ :14:05 AM Page 5

6 12/11/ :15am Page 6 of 11 The Consultant agrees to maintain in force at all times during the performance of work under the agreement workers compensation insurance as required by law. The Consultant agrees that if it does not keep the aforementioned insurance in full force and effect, City may either immediately terminate the agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at the Consultant s expense, the premium thereon. VI. SELECTION PROCESS AND SCHEDULE The City shall be the sole and exclusive judge of quality and compliance with Proposal specifications in any of the matters pertaining to this RFP. The City reserves the right to award the contract in any manner it deems to be in the best interests of the City. All proposal information will be evaluated according to the criteria listed herein, and the Consultant selected will be chosen on its apparent ability to best meet the overall expectations of the City of Sterling. By submitting an RFP and participating in the process as outlined in this document, Consultants expressly agree that no contract of any kind is formed under, or arises from this RFP and that no legal obligations will arise. The City will have no obligation to enter into negotiations or a contract with a Consultant, even though one or all of the Consultants are determined to be responsible and qualified, and the proposals are determined to be responsive. If the City proceeds to request a more detailed Proposal from Consultants determined to be qualified under the RFP process, the City will have no obligation to award a contract where: a. One submission is received; or b. In the sole and absolute judgment of the City, the interests of the City would best be served by not entering into a contract. The City of Sterling reserves the right to reject in whole or in part any or all proposals. The City reserves the right to cancel or modify this solicitation at any time. VII. PROBABLE SELECTION CRITERIA 1. Experience with projects of similar size, schedule and complexity 2. Key personnel designed for this project 3. Response from reference 4. Other relevant information as submitted 12/11/ :14:05 AM Page 6

7 12/11/ :15am Page 7 of 11 VIII. PROPOSAL FORMAT AND REQUIRED DOCUMENTS 1. COVER LETTER A letter expressing Proposer s specific interest in being awarded this project. 2. EXPERIENCE - List a minimum of three (3) references and maximum of ten (10) projects in the last five (5) years similar to this project. Include owner references, reference letters, and telephone numbers. 3. COMPANY PROFILE Provide a company profile addressing the following: Company name and address. State of incorporation (if applicable). Contact person, title, phone number, address, facsimile number. Number of years in business. 4. PROPOSED PROJECT TEAM Include resumes and references of personnel to be assigned to the project. 5. PROJECT SCHEDULE Provide a recommendation of the most cost-effective schedule to complete this project either at or under budget. The schedule is to include all applicable activities identified under the this RFP. 6. PROPOSED COST self-explanatory. 7. NUMBER OF COPIES Please submit three (3) paper copies of your Proposal: One (1) unbound original and two (2) bound copies, along with a memory stick (Microsoft word compatible) containing your Proposal in both word and pdf format. 12/11/ :14:05 AM Page 7

8 12/11/ :15am Page 8 of 11 AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT ( Agreement ), entered into this day of 20 and effective immediately by and between, ( Consultant ) and the City of Sterling ( City ), WITNESSETH WHEREAS, City desires to engage Consultant for services in connection with the preparation of a Salary and Benefits Survey ( Project ). NOW, THEREFORE, the parties hereto mutually agree as follows: Employment of Consultant. City agrees to engage Consultant and Consultant agrees to perform the services described in City s Request for Proposal dated, 2013, and any Addenda subsequently issued, and Consultant s Proposal for a Salary and Benefits Survey dated, a copy of which is attached hereto and incorporated herein by this reference. Time of Performance. The services to be performed hereunder by Consultant shall be initiated within fourteen (14) days of receipt of a Notice to Proceed from City, and completed no later than. Compensation. In consideration of the services to be performed by Consultant, City agrees to pay Consultant a sum not to exceed $, as reflected in Consultant s Proposal. Consultant agrees to complete the Project and all services provided herein for said sum. Method of payment. Consultant shall bill monthly for hours completed to date as described in Consultant s Proposal. City shall pay invoices within thirty (30) days of receipt. Changes. City may, from time to time, require changes in the scope of services to be performed hereunder by Consultant. Such changes, which shall be mutually agreed upon by and between City and Consultant, shall be incorporated in written amendment to this agreement. Services and Materials to be Furnished by City. City shall furnish Consultant with all available necessary information, data, and material pertinent to the execution of this Agreement. City shall cooperate with Consultant in carrying out the work herein and shall provide adequate staff for liaison with Consultant. Termination of Agreement. If, for any cause, Consultant shall fail to fulfill in timely and proper manner Consultant s obligation under this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. 12/11/ :13:45 AM Page 1 Exhibit A

9 12/11/ :15am Page 9 of 11 Information of Reports. Consultant shall, at such time and in such form as City may reasonably require, furnish such periodic reports concerning the status of the Project, such statements, and copies of proposed and executed plans and other information relative to the Project as may be requested by City. Consultant shall furnish City, upon request, with copies of all documents, and other material prepared or developed in relation with or as part of the Project. Electronic material prepared and/or developed shall be in a format compatible with Microsoft Office 2007 products. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the completion of the Project. City shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. Confidential Information. Consultant shall treat as confidential all records, reports, and other information provided by City that relates to this Agreement and that City supplies, or Consultant obtains as a result of performance under this Agreement, unless such information is in the public domain or already known to Consultant. Consultant shall not disclose any information to parties other than Consultant s subsidiaries performing hereunder without the prior written consent of City or unless required to do so by law. City Not Obligated to Third Parties. City shall not be obligated or liable hereunder to any party other than Consultant. Rights and Remedies Not Waived. In no event shall the making by City of any payment to Consultant constitute, or be construed as, a waiver by City of any breach of covenant or any default which may exist on the part of Consultant, and the making of any such payment by City while any breach or default shall exist in no way impairs or prejudices any right or remedy available to City in respect to such breach or default. Hold Harmless. Each party shall be responsible for its own acts and will be responsible for all damages, costs, fees, and expenses which arise out of the performance of this Agreement and which are due to that party s own negligence, tortious acts, and other unlawful conduct, and the negligence, tortious action, and other unlawful conduct of its respective agents, officers, and employees. Notwithstanding the foregoing, nothing herein shall be construed as City s waiver of immunity under the Colorado Governmental Immunity Act. Compliance with Laws. The parties shall comply with applicable laws, ordinances, rules, and regulations of federal, state, and local governments and agencies relating to or affecting the work hereto, in whole or in part, that are in effect on the effective date of this Agreement. Insurance. Consultant agrees to maintain insurance during the term of this Agreement: for comprehensive general liability in the amount of $1,000,000 per occurrence and $2,000,000 in aggregate; automobile liability insurance in the amount of $1,000,000; Workers Compensation Insurance in the amount of $1,000,000; and professional liability in the amount of $1,000, /11/ :13:45 AM Page 2 Exhibit A

10 12/11/ :15am Page 10 of 11 Consultant shall provide City with an insurance certificate which names City as Additional Insured. Personnel. Consultant promises and agrees that it has all personnel required in performing the services under this Agreement. All of the services required hereunder will be performed by Consultant or under Consultant s supervision, and all personnel engaged in the work shall be qualified to perform such services. Equal Employment Opportunity. Consultant is aware of and fully informed of its obligations under Executive Order and Title 41 of the Code of Federal Regulations, Part 60. Where applicable, Consultant shall comply with the requirements of that Order, 41 CFR, Part 60, and all orders, rules and regulations promulgated thereunder unless exempted therefrom. Independent Contractor. In all matters relating to this Contract, Consultant shall be acting as an Independent Contractor. Neither Consultant nor its employees are employees of City within the meaning or application of any unemployment insurance or Workers Compensation laws, or any other federal, state, or local laws. Consultant assumes all liabilities or obligations imposed by any such laws with respect to its employees in the performance of this Agreement. Neither party shall have any authority or right to create any obligation, express or implied, on behalf of the other and shall not have the authority to represent itself as an agent of the other. Conflict of Interest. Consultant is not aware of any conflicts of interest at this time. Consultant promises and agrees that it shall advise City if any conflict is discovered in the future during the term of the performance of this Agreement. Consultant shall avoid circumstances and actions that would reasonably place it in a position of divided loyalty with respect to its obligations under this Agreement. Assignment. The parties hereby agree that Consultant may not assign, convey, or transfer its interest, rights, and duties in this Agreement without the prior written consent of City. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the addresses noted below: City: Salary and Benefits Survey ATT: Human Resources Director City of Sterling PO Box 4000 Sterling, CO Consultant: 12/11/ :13:45 AM Page 3 Exhibit A

11 12/11/ :15am Page 11 of 11 Choice of Law and Attorney s Fees. This Agreement shall be governed by and construed under the laws of the State of Colorado. Any action brought to enforce this Agreement shall be brought in the state courts of Colorado with venue in Logan County. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 12/11/ :13:45 AM Page 4 Exhibit A