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Signed Contracts_Carlson Dettmann Consulting Professional Services Agreement for Assessment of Classification and Compensation ProgramCity of Dubuque City Council Meeting Consent Items # 09. Copyrighted June 20, 2023 ITEM TITLE: Signed Contract(s) SUMMARY: Proposal for Classification and Compensation Study with Carlson Dettmann Consulting; Proposal for the Police/Fire Classification and Compensation Study and Benefit/Total Rewards Survey with Carlson Dettmann Consulting; Professional Services Agreement with Carlson Dettmann Consulting for an assessment of the city's classification and compensation program; Professional Services Agreement with Carlson Dettmann Consulting for market measurement for Fire and Police positions and Benefits/Total Rewards Survey; Vendor Service Agreement with Carlson Dettmann Consulting for Classification and Compensation Study; Vendor Service Agreement with Carlson Dettmann Consulting for Police/Fire Classification and Compensation Study and Benefit/Total Rewards Survey. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Proposal for Classification and Compensation Study Supporting Documentation Proposal for the Police/Fire Classification and Compensation Study Professional Services Agreement Professional Services Agreement - Fire and Police Vendor Service Agreement Vendor Service Agreement - Police/Fire Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation PROFESSIONAL SERVICE AGREEMENT BETWEEN CITY OF DUBUQUE, IA AND CARLSON DETTMANN CONSULTING This professional service agreement (hereinafter the "Agreement") is made and entered into by and between City of Dubuque, IA (hereinafter "the Client") and Carlson Dettmann Consulting, a division of Cottingham & Butler Insurance Services, Inc., an Iowa corporation (hereinafter "Consultant"). WHEREAS, The Client wishes to enter into an agreement with Consultant to provide professional consulting services for an assessment of the Client's classification and compensation program for up to 246 classification titles, including job analysis and evaluation, a market analysis for wages in comparable jobs in the Client's competitive market, and recommendations on any changes to its salary plan; and WHEREAS, Consultant has an established history of providing similar services to similar public and private sector employers, and is willing to provide the above -referenced professional consulting services to the Client. THEREFORE, consistent with Consultant's response to the Client's Request for Proposals, the Client and Consultant agree to the following: 1. Term. The term of this Agreement shall be from the date of the last signature of this Agreement and remain in force until all services contemplated hereunder are completed. 2. Scope of Services. The Consultant shall provide to the Client consulting services as follows: a) Review and analyze the Client's relevant organizational values and concerns. Determine current organizational needs in regards to a classification and compensation system. b) Utilize the Carlson Dettmann Consulting Job Description Questionnaire (JDQ), supplemented by the Client's job descriptions, to analyze, document and validate the job information for the Client's jobs. c) Quantitatively evaluate the job content of up to 246 job classifications using the Carlson Dettmann Point Factor Job Evaluation System. d) Conduct management (i.e. department head) interviews, onsite or virtually, to ensure internal ratings are accurate and concerns are addressed. e) Analyze base salary market data for an appropriate set of benchmark positions. f) Develop recommendations for any changes in pay plan structure. g) Present to the Client an overall plan and final presentation that is clear and understandable, and summarizes the information gathering process, recommended framework for policy and procedure revisions, and findings and recommendations. h) Provide onsite services, anticipated to cover two (2) trips, for purposes of a. One (1) onsite meeting for presentation to the appropriate decision -making body for action; b. One (1) onsite meeting (if needed) to be determined at a later date. c. Additional on -site meetings will be billed at an hourly rate of $125 during travel time and $250 per hour while on -site, plus travel expenses. i) Conduct employee classification appeals (up to 5) after plan adoption in accordance with the appeals process mutually agreed upon and adopted by the Client. 3. Job Documentation. The Client shall provide Consultant with accurate job descriptions that have been updated within the last twelve (12) months or completed JDQ's, and Consultant will use this information for job evaluation. The Client understands that the job documentation must contain sufficient information for Consultant to not only evaluate jobs for content, but also to serve as the basis for revised job descriptions (as applicable). 4. Base Project Fee. Unless noted elsewhere, the project fee includes those items identified in the Scope of Services. The County shall pay the Consultant a project price of $102,200, inclusive of travel expenses for up to two onsite meetings, to conduct the full study for up to 246 job classifications. 5. Additional/Optional Fees. a) Job Evaluations Different Than the Established Number. Consultant's fee shall be adjusted by $450 per job evaluation over the 246 classification evaluations upon which the project fee was based. b) Employee Interviews. Department head interviews are included as part of the project fee, but if the Client requires employee interviews for specific position(s), the Client will be billed at our hourly rate of $250 per hour for said interview(s). c) Appeals Process. If the Client desires to incorporate an appeals process, the Client will be invoiced $225 per appeal/review submitted for our review and recommendation, plus travel expenses. d) FLSA Exemption Status. The City may request verification of an evaluation of positions for proper FLSA exemption placement. The City may choose to complete this portion of the project after implementation of the Classification and Compensation plan adoption. We provide this as an optional service that would be agreed upon and would be invoiced at $150 per position. e) Work Beyond the Scope of Services. Consultant services agreed upon that are beyond the Scope of Services identified above (e.g. consulting on organizational management matters; onsite meetings in excess of those defined above; locating records or otherwise responding to public records requests made to the Client relating to the project; etc.), shall be at the rate of $250 per hour, unless agreed upon otherwise by the Client and Consultant. a. Upon mutual agreement of the parties, periodic status conferences and/or other meetings may be conducted via phone conferences or web -based technology (e.g. Zoom). Subject to scheduling and mutual agreement, meetings conducted by telephone and/or web conference are not subject to any additional fee. 6. Payment. Consultant shall submit invoices in five (5) equal installments of the agreed upon project fee: initial payment due upon execution of a professional services agreement, second payment due at the start of the second month of the project, third payment due at the start of the third month of the project, fourth payment due at the start of the fourth month of the project, and the final payment due upon delivery of CDC's findings and recommendations to the Client. 7. Performance Requirements of Consultant. The Consultant shall complete the services as stated above. The Consultant shall furnish all labor, materials, administration, services, supplies, equipment, transportation, and quality control necessary to provide professional consulting services. Consultant shall provide progress reports at reasonable intervals in the project. a) Confidential Client Information. Consultant agrees to keep confidential information and data provided by Client to Consultant for the purpose of enabling Consultant to complete the Scope of Work detailed above. 8. Performance Requirements of Client. The Client shall provide and make available to the Consultant access to its human resources and related systems of record, or sufficient related data, as necessary to fulfill said services. Client shall take care that all data and documentation provided to Consultant is accurate and complete. 9. Independent Contractor. It is mutually understood and agreed, and it is the intent of the parties hereto, that an independent contractor relationship be and is hereby established under the terms and conditions of this Agreement. The Consultant shall remain an independent contractor under this Agreement. All employees of Consultant or subcontractors shall remain the responsibility of the Consultant and shall not become employees of the Client under this Agreement. No tenure or any rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, withholding taxes or other benefits available to Client employees shall accrue to the Consultant or its employees performing services under this Agreement. 10. Indemnification. The Consultant agrees it shall defend, indemnify, and hold harmless the Client, its officers, and its employees against any and all liability, losses, costs, damages, and expenses, including attorney fees that the Client, its officers or its employees, may hereafter sustain, incur or be required to pay arising out of the negligent or intentional acts or omissions of the Consultant, its officers or employees, in the performance of its duties under this Agreement. The Client agrees it shall defend, indemnify, and hold harmless the Consultant, its officers, and its employees against any and all liability, losses, costs, damages, and expenses, including attorney fees that the Consultant, its officers or its employees, may hereafter sustain, incur or be required to pay arising out of the: (i) negligent or intentional acts or omissions of the Client, its officers or employees; and (ii) any allegation that Client's compensation program or structure is administered in any way noncompliant with local, state or federal law. As to Client's duty to indemnify, this provision shall in no way be construed as a waiver of any statutory or common law immunity or limitation on liability. 11. Insurance Coverage. Consultant is required to carry professional liability insurance coverage that would cover the nature and type of service that is being provided to the Client. Before commencement of work, Consultant will provide Client with a certificate of insurance naming Client as an additional insured. Consultant shall provide 30 days advance notice of any changes to such policy. 12. Trade Secrets. The Carlson Dettmann Point Factor Job Evaluation System and methodology, marketplace surveys performed, Total Rewards Method, and job point evaluation data collected and analyzed to perform the Scope of Services is owned by Consultant, is confidential and proprietary, and is a trade secret pursuant to Wis. Stats. s. 134.90. The Client (including its officers, employees, agents and representatives) shall not disclose, disseminate, or otherwise misappropriate these trade secrets without the express consent of Consultant. 13. Assignment. Client may not assign or transfer this Agreement, or any part thereof, without the written consent of the Consultant, which shall not be unreasonably withheld. 14. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of the Agreement. The remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance. 15. Interpretation of Law. This contract is to be interpreted under the laws of the State of Wisconsin. Venue of any action filed to enforce this Agreement shall be in a court in Southeastern Wisconsin. 16. Entire Agreement. This Agreement sets forth the entire understanding of the parties and supersedes all prior arrangements and/or understandings, whether written or oral, with respect to the subject matter contained in this Agreement. CITY OF DUBUQUE Bv: ` � k�41vl� CARLSON DETTMANN CONSULTING By. � J Matt Shefchik, Assistant Vice President Date: 06/07/2023 Date: 06/07/2023