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HomeMy WebLinkAboutEvergreen Solutions, LLC Agreement Consultant Services - 2-1-24 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT (Agreement) is made and entered into, effective �� II , lxo' , by and between the CITY OF FRESNO, a California municipal corporation (City), and EVERGREEN SOLUTIONS, LLC, Dr. Jeff Ling (Consultant). RECITALS WHEREAS, the City desires to obtain professional consulting services for the Local 39 Classification & Compensation Study (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a national, multidisciplinary, public sector management consulting firm and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No.6-19; and WHEREAS, this Agreement will be administered for the City by its Personnel Services Director (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through September 30, 2024, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) The Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $128,500.00, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. -1- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant's compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies. and Force Maieure. (a) This Agreement shall terminate without any liability of the City to The Consultant upon the earlier of: (i)the Consultant's filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days' prior written notice with or without cause by the City to the Consultant; (iii) the City's non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City's damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, -2- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) Uocusign Envelope IU:U16bGbF-B-U/bE-4AU3-8A60-003170210E2C consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Administrator's request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all writings and documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professiona€ Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the -3- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Consultant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this Agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-Vll" in the Best's Insurance Rating Guide, or(ii) as may be authorized in writing by the City's Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance, all services and work under this Agreement shall be discontinued immediately, and all payments due, or that become due, to the Consultant shall be withheld until insurance is in compliance with the requirements. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by -4- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) uocubign Envelope IU:U1tibUbl-B-U[bE-4AU3-8A60-G0317021UE2C the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City's execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar the City body. This requirement -5- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant's subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, the Consultant shall remain responsible for complying with Section 9(b), above. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City's Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City's Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact the City's Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. -6- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C (b) Records of the Consultant's expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without -7- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant's employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Indecendent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City's express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. -8- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties'respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Ass_ignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. -9- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20, Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. 5everabilit . The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. -10- ALL-5 GGS Agt Not to Exceed w/Cyber(08-2023) DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of A regiment. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] -11- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, EVERGREEN SOLUTI C N6, LLC, a Californi municipal cor oration ng 0 By: 7By: -- Georg nne A. White City Hager Name: Title: V Ao— / do No signature of City Attorney required. (if corporation or LLC., Board Chair, Standard Document ALL-S GCS Agt Pres. or Vice Pres.) Not to Exceed w/Cyber (08-2023) has been used without modification, as By -- --- cetfieoo�t :undersigned. �. II - Name: By: Suwlt t I►V ALL umee a i Title: Director of Personnel Services (If corporation or LLC., CFO,Treasurer, Secretary or Assistant Secretary) ATTEST: Any Applicable Professional Lic`ge: TODD STERMER, CMC Number: �� r[]_]�� City Clerk Name: By. 2�5� Date of Issuance: ❑ � Date P y CONSULTANT: Addresses: Evergreen Solutions, LLC Attention: Dr. Jeff Ling, CITY. Project Principal City of Fresno 2528 Barrington Circle, Unit 201 Attention: Sumeet Malhi, Tallahassee, FL 32308Phone: (850} 383-0111 Director of Personnel Services 2600 Fresno Street, Room 1030 E-mail: jell@consultevergreen.com Fresno, CA 93721 Phone: (559) 621-6985 E-mail: sumeet.malhi@fresno.gov Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form -12- ALL-S GGS Agt Not to Exceed w/Cyber(08-2023) uocuoign tnveiope IV u I03L or-b-uIbt-4Au3-bAbu-UUJ-1 rULlutZU -13- DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Evergreen Solutions, LLC (Consultant) Local 39 Classification & Compensation Study 4.0 Approach and Methodology In this section, we provide our approach and methodology for conducting the Classification and Compensation Study for the City of Fresno; a detailed work plan— identifying the tasks, activities, and milestones necessary to accomplish the deliverables in the scope of services of the Request for Qualifications; and a proposed timeline. 4,1 Approach and Methodology Evergreen Solutions is uniquely qualified to conduct a Classification and Compensation Study for the City of Fresno as our team includes recognized experts in local government human resources management and understands that there is not a "one size fits all" solution to compensation management. Our approach is built on working collaboratively with all parties to make sound, implementation-focused recommendations. Specifically, we have developed a methodology that: • focuses on market competitiveness; • is based on the organization's compensation philosophy; • recognizes that compensation is comprised of more than just base pay levels; • reflects changes in recent compensation strategies; • designs custom solutions that take into account the diversity of needs present in the organization and allows you to select the components and options that best meet your overall needs; and • produces a structure that improves the organization's ability to recruit, reward, motivate, and retain talent in a competitive environment that includes both public and private sector employers. We will work closely with the City's designated Project Manager, and Personnel Services staff, and the Human Resources Department throughout the process to ensure constant communication of issues, concerns, and potential outcomes. We work closely with your staff to gain a solid understanding of your current operational realities, challenges, and desired outcomes. Moreover, Evergreen will work with you to balance your need to meet your performance goals while carefully managing your resources. Compensation management has undergone significant transformation in the private sector and over time public sector organizations have mirrored these changes. While compensation once centered on the separate administration of base pay and core benefits, a shift has occurred that has transformed compensation management. Progressive organizations now recognize that to effectively recruit, reward, motivate, and retain employees, compensation management requires strategic thinking and planning. Compensation management must support an organization's overall Page 1 of 18 Uocubign Envelope IU:U16bGbFB-Ut8E-4AU3-8A60-G03170210E2C strategic direction. To accomplish this, effective organizations design a compensation philosophy that details where an organization wants to be in relation to the market in key areas. These key areas include cash compensation, benefits, and work/life balance. Compensation is thus a reflection of the organization's philosophy. Evergreen realizes that we will need to tailor our approach to fit the operating, fiscal, and competitive needs of the organization. Recommendations must always reflect competitive needs while supporting the organization's overall mission. Listed below is an overview of the typically recommended approach that Evergreen takes when conducting a study of this nature. Kick Off Meeting Evergreen begins each engagement by meeting with our client's leadership team. Frequently, this initial meeting will accomplish several goals, including: • finalizing the project work plan; • identifying milestone and deliverable dates; • gaining insight into the management structure and approach; • collecting classification, compensation, and benefits data; • identifying additional data needs; and • developing preliminary schedules for subsequent tasks. At this time, we will also request a copy of the employee database that reflects current classification and compensation data. Communication Plan Communication is a critical component of any Classification and Compensation Study. Communicating with employees directly and early in the process builds support for the process and the accompanying outcomes. As part of our communication plan, we meet first with key project staff to fully understand the nature and scope of the project. The results of these meetings are then communicated to employees during the project outreach through employee orientation sessions, focus groups, and interviews. Regular updates are provided to the client's Project Manager and can be posted on the client's intranet site, if available and desired. Additionally, the communication plan for the distribution of the end product, particularly how the results will be distributed to employees, is also critical. Employee Orientation and Focus Groups Based on client feedback and a review of best practices, we have designed an orientation curriculum that provides employees insight into the process as well as provides a forum for answering questions and soliciting participation. Following the orientation sessions, we begin the focus group process. Focus groups are used to gain detailed insight into employee perceptions, concerns, and issues. The protocol for the sessions is provided to your project team in advance and refined to meet your needs. Page 2 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C We have found that employee orientation sessions and focus groups are critical venues for building employee participation and buy-in. Since they take place at the outset of the project, they are a critical introduction to the project and the question-and-answer formats allow employees to become engaged in the process. During these sessions, Evergreen's consultants can also help to manage expectations since some employees may have unrealistic expectations based on anecdotal information. Department Head Interviews Evergreen staff conduct one-on-one interviews with department heads and/or senior management (in addition to any other employees the client determines is necessary) to identify challenges for consideration. These interviews will allow our staff to add details to our understanding of the organization and its needs. They also allow our consultants the opportunity to better understand the organizational structure of each department as well as the unique recruiting and retention issues that may be present in each department. Frequently, department directors and senior management serve as invaluable resources in explaining how internal equity relationships have evolved over time and explaining the nuances between the differences in jobs. Job Assessment Tool and Management Issue Tool Another important activity undertaken at this time is the distribution of Evergreen's Job Assessment Tool© (JAT). These questionnaires are central components of the job evaluation process. The JAT asks a series of questions regarding an employee's job that captures the nature of the job and how it interacts with work within the organization. The JAT contains questions that ask about each of the following areas • scope of duties; • complexity of work; • supervision received and exercised; • physical requirements; • financial responsibilities; • analytical/mental requirements; • knowledge and skills required for the job; and • level of responsibility/reporting relationships. Evergreen will contact the client's Project Manager should there be a need to clarify question responses or issues with information collected from the JAT. Due to budgetary constraints faced by many of our clients, we have designed the JAT as a web-based tool so that data can be collected electronically. If requested, we can also provide a paper-based version of the tool. Exhibit 4-1 depicts a screenshot of the JAT home screen showing the levels of access for a Supervisor. Supervisors have access to their own surveys in addition to the ability to review and approve the surveys of their direct reports. The supervisor review process ensures validation of the JAT data collected from employees and prevents comments made by employees from being taken out of context. Page 3 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C Exhibit 4-2 illustrates how Evergreen uses the JAT to collect functional details of employee's jobs. Seeking to understand how employees summarize their responsibilities in their own words allows our analysis to expand beyond what may be conveyed in a traditional job description. An informal survey of municipal employees revealed that 90 percent felt that the job descriptions held on file with their employers were inaccurate or incomplete representations of their duties. Understanding this, Evergreen designed the JAT to fill in those gaps to ensure that the entirety of an employee's job is analyzed within the context of the study. Exhibit 4-3 shows a similar page in which employees are asked to list the Essential Functions of their job. These are the tasks and activities that define the classification and make it unique. Gathering information such as this allows Evergreen to assess the validity of the present classification structure and identify classifications or individuals within classifications that need to be restructured or reclassified. In addition to the JAT, Evergreen will also distribute our Management Issues Tool (MIT). The MIT is distributed to supervisors and managers and is used to collect specific information from supervisors and managers related to such issues as recruitment and retention problems, classification issues, pay equity issues, problems with titles, and other related issues. Each MIT will be logged and a specific response will be provided. The MIT process is designed to allow supervisors and managers to give direct input into the process and they serve as "red flags" to Evergreen staff during the analysis portion of the project. Preliminary Assessment As a starting point for analysis, Evergreen's project consultants review the client's database in comparison to the pay plan and information collected from the JATs to produce a preliminary assessment. The preliminary assessment summarizes the strengths and weaknesses of your human resource management system. The compensation analysis focuses on the number of pay grades, range widths, percentage differences between grades, step plans versus open range plans, and the expected time to reach full job competency. The overall analysis focuses on structure, movement, and equity (internal) as well as specific concerns such as turnover, longevity, compression, and range anomalies. The issues we identify in the assessment become core considerations in creating the potential solutions later in the process. Job Evaluation The next step in the process is to review responses to the JATs and identify any possible misclassifications. Once the review of the JATs has been completed, Evergreen's consultants will evaluate all jobs on each of the compensatory factors, score each position, and determine if there is any need for further investigation of specific positions. If serious discrepancies exist, Evergreen's consultants will work directly with the Client Project Manager to resolve any issues. Page 4 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C Once work has been properly classified, changes in the current classification system rankings can be recommended. Our goal is to produce a classification system that reflects the internal equity relationships suggested by the AT scoring conducted earlier. Compensation Our approach to compensation analysis is based on the belief that compensation should be organization-specific, fair, equitable, and directly tied to strategic goals. To ensure that all these criteria are met, we will conduct an extensive analysis on the relevant labor market, the internal structure and inter-relatedness of jobs within the organization, and the relative worth of jobs within the organization vis-a-vis the compensation philosophy. The most traditional component of a total compensation program is base pay (fixed pay). However, inclusion of benefits in total compensation strategy is not a new concept. Provision of benefits was originally a recruitment tool, though over time the provision of core benefits has become an expectation. Research shows that public sector organizations commonly use superior benefits packages as a way to offset structural disadvantages in base pay. The purpose of the survey is to collect information for comparison to current offerings, and making recommendations for change consistent with the parameters of the organization's compensation philosophy. Market and Benefits Survey A key component of assessing compensation is to consider market position, which is sometimes referred to as external equity or competitiveness. Evergreen's consultants wait until well into the classification analysis to design the market survey to ensure that jobs are understood, anomalies in classification characteristics are documented, and sufficient input has been received. The market survey will obtain standard range information related to minimum, midpoint, and maximum salaries. Data collection will focus on the public sector, but will include information from the private sector where applicable. Further, we will look to include any employers to whom the organization has recently lost employees. In addition, a benefits survey will also be administered in tandem with the market survey. Special consideration can be given to select highly competitive, market-driven positions if necessary. Benchmarks One of the most important components of the external assessment is in the selection and utilization of benchmark positions for the labor market survey. We will work with the client to identify the appropriate number of benchmark positions to best suit the client's needs in the labor market survey. Based on our experience, we have found that it is simply not practical to survey all positions within the organization—the resulting surveys become too cumbersome for labor market peers to complete, and the response rate on the whole suffers. We ensure, through multiple checks and balances, that the benchmark positions chosen will represent a broad spectrum of positions across the organization, from all job families, pay levels, and functional areas. Page 5 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C Targets To conduct an external labor market assessment, we work with the client to identify the most appropriate targets to survey. Evergreen selects peer organizations based on the local labor competition, regional markets, and class-specific markets. Peer organizations should be those organizations that compete with the client for labor in at least one job family. An appropriate mix of peers in the public and private sectors will be included in the survey, and if necessary, augmented with published secondary data sources. Typically, Evergreen waits until the outreach process has been completed to identify the complete list of market peers. This is because we often will uncover specific information during the focus group and interview sessions that identifies potentially critical survey targets. Ideally, we would like to work with the client after the outreach has been concluded to identify the final list of potential market peers. An important factor of our methodology is that the client has the final approval of all aspects of the study. We will not proceed with the analysis unless the client is completely comfortable with the survey targets chosen. Often, there are different factors impacting an organization, such as proximity to a major metropolitan area, technology corridor, or specific market (i.e., military base), that have a direct effect on its ability to recruit and retain employees in specific positions. These factors have to be taken into account when selecting survey targets. Once the targets are selected and approved, the survey instrument is developed and sent to the client for final approval. Subsequent to client approval, the survey is then distributed to the targets in both paper and electronic formats. Evergreen uses a four-fold method of communicating with respondents. Our staff notifies the target group that the survey is being sent or made available, confirms receipt, and encourages participation. Once the data are received, they are cleaned, validated, and summarized. A separate report is issued that shows the results of the salary survey. Unifying the Solution After determining the appropriate division of work and market position, the compensation structure can be created. There is not a single, perfect solution for every client partner. The nuances and unique characteristics of each client necessitate a customized solution to best meet the organization's needs. The Evergreen Team has considerable experience in developing multiple solutions and working with client partners to determine the one that best meets their needs. Our analytical team uses a variety of tools to produce various potential solutions: regression analysis, market thresholds, and other human resource models. Several major options are presented to the client's team before the implementation plan is created. Page 6 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C It is at this stage in the process that we typically meet with the client to identify the direction of the final solution. We will present to the client a draft report for review and comment. We typically ask the client to examine the draft solution objectively and provide insights and recommendations on the direction of the report. When this process is completed, Evergreen's consultants will proceed with the final solution. The solution also contains information regarding fiscal impact and implementation. Compensation Administration Guidelines In order for clients to maintain the recommended compensation system, Evergreen develops compensation administration guidelines for use by the client after completion of the study. The guidelines will include recommendations on installation and continuing administration of the system. The team first conducts a review of current practices and procedures then assesses their effectiveness, compliance with legal guidelines, and applicability to the recommended system. Once this review and assessment are complete, revisions to the current practices and/or new guidelines can be recommended, as needed. At a minimum, the recommendations will address areas such as: • how employees will move through the pay structure/system as a result of transfers, promotions, or demotions; • how to pay employees whose base pay has reached the maximum of their pay range or value of their position; • the proper mix of pay and benefits; • how often to adjust pay scales and survey the market; • timing of implementation; and • how to keep the system fair and competitive over time. System Maintenance Our goal is to produce recommendations that are effective and that can be maintained by our clients. We are strongly committed to providing transparent and replicable solutions. In essence, when we complete our core assignment, our goal is that our client's staff can maintain and update the system on their own. We are readily available to provide assistance, but our goal is to give our clients all the tools and training that are needed. Towards this end we will provide the Human Resources Department with all necessary tools and training to maintain the system over time. Based on client needs and industry best practices, Evergreen has developed a compensation and classification maintenance tool to assist our clients with implementing, managing, and updating the solutions: JobForce Manager. This tool allows our clients to estimate future pay plan changes, update market information, make determinations on reclassifications, and create new jobs. By automating these tasks, JobForce Manager allows our clients to not only streamline, but also increase the fairness and transparency of regular compensation and classifications tasks after solution implementation. Page 7 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C Exhibit 4-4 displays the interface from JobForce Manager for determining a positions pay grade; additional features include a job scoring tabulation sheet, market survey results database and summary report, pay plan report, and employee salary calculators for modeling fiscal impacts of compensation changes at the employee level. All data and reports are downloadable and printable, so they can be provided to key decision makers. 4.2 Detailed Work Plan The detailed work plan that Evergreen proposes to use to conduct a Classification and Compensation Study for the City of Fresno is provided in this section. Evergreen understands the City has approximately 900 Local 39 bargaining unit employees and 102 classifications. The number of employees that will be included in Tasks 3, 4, and 11 will depend on whether the City chooses Option 1 which includes all 900 local 39 bargaining employees in the 102 classifications or only the employees in the 37 benchmarks classifications Our work plan consists of the following 11 work tasks: • Task 1: Project Initiation • Task 2: Evaluate the Current System • Task 3: Collect and Review Current Environment Data • Task 4: Evaluate and Build Projected Classification Plan and Make FLSA Determinations • Task 5: Identify List of Market Survey Benchmarks and Approved List of Targets • Task 6: Conduct Market Salary and Benefits Survey and Provide External Assessment Summary • Task 7: Develop Strategic Positioning Recommendations • Task 8: Conduct Solution Analysis • Task 9: Develop and Submit Draft and Final Reports • Task 10: Develop Recommendations for Compensation Administration • Task 11: Provide Updated Class Descriptions Task 1.0 Project Initiation TASK GOALS • Finalize the project plan with the City. • Gather all pertinent data. • Finalize any remaining contractual negotiations. • Establish an agreeable final timeline for all project milestones and deliverables. TASK ACTIVITIES 1.1 Discuss with the City's Project Manager (CPM) and any other key personnel (i.e., City Manager) the following objectives: • the classification and pay plan study process; • understand mission and current compensation philosophy; • review our proposed methodology, approach, and project work plan to identify any Page 8 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C ! necessary revisions; • reach agreement on a schedule for the project including all assignments and project milestones/deliverables; and • establish an agreeable communication schedule. 1 .2 Identify potential challenges and opportunities for the study. Discuss the strategic direction of the City and some of the short- and long-term priorities. This activity serves as the basis for assessing where the City is going and what type of pay plan will reinforce current and future goals. 1.3 Obtain relevant materials from the City, including: • any previous projects, research, evaluations, or other studies that may be relevant to this project; • organizational charts for the departments and divisions, along with related responsibility descriptions; • current position and classification descriptions, salary schedule(s), benefits plans, and classification system; and • personnel policies and procedures, including step placement policies. 1.4 Review and edit the project work plan and submit a timeline for the completion of each project task. 1.5 Provide bi-weekly status reports to the CPM and the Personnel Services Department throughout the study. 1.6 Attend meetings when requested throughout the process with employees, City Manager, department heads and/or City Council to explain methodology, survey results, and recommendations. This includes up to four onsite meetings. Others can be conducted virtually. KEY PROJECT MILESTONES • Comprehensive project management plan • Comprehensive database of City local 39 bargaining unit staff Task 2.0 Evaluate the Current System TASK GOAL • Conduct a comprehensive preliminary evaluation of the existing compensation plan(s) for the City. TASK ACTIVITIES 2.1 Obtain the existing pay structure and compensation philosophy (if any). Review the existing pay structure and look for potential problems and issues to be resolved. Page 9 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 2.2 Determine the strengths and weaknesses of the current pay plan(s) for the Local 39 bargaining unit. Address any pay compression issues that may exist and discuss possible solutions. 2.3 Complete an assessment of current conditions that details the pros and cons of the current system, taking into consideration compensation and benefits, as well as highlights areas for potential improvement in the final adopted solution. KEY PROJECT MILESTONES • Review of existing compensation plan(s) • Pay compression issues and solutions • Assessment of current conditions Task 3.0 Collect and Review Current Environment Data TASK GOALS • Conduct statistical and anecdotal research into the current environment within the City. • Guide subsequent analytical tasks. TASK ACTIVITIES 3.1 Schedule and conduct employee orientation/briefing sessions to describe the scope of work and methodology. 3.2 Interview department heads to obtain relevant information and statistical/anecdotal data on specific compensation issues and policies. Obtain insight into perceived current compensation system strengths and weaknesses. 3.3 Hold focus groups with a representative sample of employees to obtain additional relevant information and statistical/anecdotal data on specific compensation issues and policies. 3.4 Work with the CPM and Human Resources staff to administer the JATs (i.e., position description questionnaire) and MITs. Our staff utilizes a web-based tool for data collection, but we can provide paper copies as well as those for classifications without computers or Internet access. We will seek approval from the CPM before distribution of the JAT/MIT questionnaire. 3.5 Review any data provided by the City that may provide additional relevant insight. KEY PROJECT MILESTONES • Employee orientation/briefing sessions and focus groups • Department head interviews • JAT/MIT distribution Task 4.0 Evaluate and Build Projected Classification Plan and Make FLSA Determinations Page 10 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C TASK GOALS • Identify the classification of existing positions utilizing the approved method for job evaluation. • Characterize internal equity relationships within the City. TASK ACTIVITIES 4.1 Ensure that all draft class specifications are provided to Evergreen by the CPM. 4.2 Review the work performed by each classification and score based on job evaluation. Include an evaluation of supervisory comments. 4.3 Review job evaluation scores and identify the classification of positions. 4.4 Schedule and conduct additional follow-up with employees for jobs where uncertainty exists over data obtained from job evaluation. 4.5 Develop preliminary recommendations for the classification structure and discuss with the CPM. The classification system designed at this point would be based solely on internal equity relationships and would be guided by the job evaluation scores for each classification. Essentially, a structure of classifications would be established, and classifications with similar scoring would be grouped and spacing between jobs would be determined. 4.6 Develop recommendations of FLSA (exemption) status based on results of the job evaluation (JAT) review and federal requirements. 4.7 Establish appropriate job families, classification series, and career ladders. 4.8 Review recommendations with the CPM. KEY PROJECT MILESTONES • Job evaluation scores by class • Recommended classification changes • Recommended FLSA status • Preliminary job structure based on internal equity Task 5.0 Identify List of Market Survey Benchmarks and Approved List of Targets TASK GOALS • Reach an appropriate number and identify the proper benchmark positions for the external labor market assessment of salary and benefits. • Identify and develop a comprehensive list of targets for conducting a successful external labor market assessment of salary and benefits. TASK ACTIVITIES Page 11 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 5.1 Identify, from the initial review, a list of classifications (benchmarks) to include in the labor market survey. Note: Evergreen will use 37 local 39 bargaining unit classifications as benchmarks for the salary and benefits survey. 5.2 Finalize the list of positions with the CPM. 5.3 Evergreen will use the following 15 peer organizations as targets for the salary and benefits survey: City of Anaheim; City of Bakersfield; City of Clovis; City of Long Beach; City of Madera; City of Merced; City of Oakland; City of Riverside; City of Sacramento; City of San Diego; City of San Jose; City of Santa Ana; City of Stockton; City of Visalia; and Fresno County. 5.4 Develop a system for use of secondary data including potential sources and weighting of secondary data, if necessary. 5.5 Review survey methodology with the CPM and refine survey methodology prior to distribution of surveys. 5.6 After approval of survey methodology, develop contact list of peer organizations and notify peers of impending surveys. KEY PROJECT MILESTONES • Final list of benchmark positions for the external labor market assessment salary and benefits survey • Initial list of survey peers • Survey methodology • Final list of survey organizations and contacts Task 6.0 Conduct Market Salary and Benefits Survey and Provide External Assessment Summary TASK GOALS • Conduct the external labor market salary survey. • Conduct a benefits survey, • Provide a summary of the market salary and benefits survey results to the CPM. TASK ACTIVITIES 6.1 Prepare a customized external labor market salary survey for the CPM's approval. Discuss questions and categories for the market survey. 6.2 Develop a listing of the current benefits (e.g., pension and retirement and additional types pf pay such as shift differential, commercial driver's license, hazardous duty, special assignment, bilingual, etc.) provided by the City for comparisons with peer organizations. Page 12 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 6.3 Using the list of City provided benefits and major benefits offerings not provided by the City develop a list of benefits to include in the external labor market survey. Note: Evergreen will collect the monetary value of benefits and pension separately from base salary. 6.4 Prepare benefits survey to be included with salary survey developed in Task 6.1. 6.5 Contact the targets for electronic completion of the survey. Provide paper copies by fax, if requested. 6.6 Conduct necessary follow-up through e-mails, faxes, and phone calls. 6.7 Collect and enter survey results into Evergreen's electronic data analysis tools. 6.8 Validate all data submitted. 6.9 Develop summary report of external labor market salary and benefits assessment results. 6.10 Submit summary report of external labor market salary and benefits assessment results to the CPM. KEY PROJECT MILESTONES • Market survey instrument • Benefits survey instrument • Summary report of external labor market salary and benefits assessment results Task 7.0 Develop Strategic Positioning Recommendations TASK GOALS • Assess the appropriateness of the current compensation philosophy for the City. • Develop a plan for all Local 39 bargaining unit employees, providing issue areas and preliminary recommendations for strategic improvement. TASK ACTIVITIES 7.1 Identify the compensation philosophy and accompanying thresholds. 7.2 Using the market salary survey data collected in Task 6.0, and the classification data reviewed in Task 4.0, recommend the appropriate pay plan(s) and salary range for Local 39 bargaining unit positions in the City. Option A (all 101 classifications) and Option B (37 classifications) 7.3 Assess the efficiency of the current staffing utilization model by reviewing current outcome metrics (key performance indicators) by department. Page 13 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 7.4 Make recommendations on areas for improving staff utilization, including but not limited to adding or deleting classifications. 7.5 Produce a pay plan for the City that meets its needs from an internal and external equity standpoint. KEY PROJECT MILESTONES • Proposed compensation strategic direction, taking into account internal and external equity • Plan for addressing unique, highly competitive positions Task 8.0 Conduct Solution Analysis TASK GOALS • Conduct analysis comparing job evaluation values. • Survey results for the benchmark positions. • Produce several possible solutions for implementation. TASK ACTIVITIES 8.1 Conduct regression analysis or other appropriate techniques to properly slot each classification into the proposed pay plan for the City. 8.2 Place all classifications into pay grades based on Task Activity 8.1. Sort alphabetically by job class title, in descending order by range, and by old class title and new class specifications. 8.3 Create implementation solutions for consideration that take into account the current position of the City as well as the findings from the classification and compensation analysis. Identify and prepare a range of compensation policy alternatives. 8.4 Discuss with the CPM potential solutions. 8.5 Determine the best solution to meet the needs of the City in the short-term and long- term. 8.6 Document the accepted solution. KEY PROJECT MILESTONES • Initial regression analysis • Potential solutions • Documented final solution Task 9.0 Develop and Submit Draft and Final Reports TASK GOALS Page 14 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C • Develop and submit a draft and Final Report of the Classification and Compensation Study to the City of Fresno. • Present the Final Report. TASK ACTIVITIES 9.1 Produce a comprehensive draft report that captures the results of each previous step, including a complete listing of the allocation of job classes to salary range requirements. Provide the CPM and City management with a draft final report for review that will include all costs associated with recommendations as well as implementation strategies. 9.2 Make edits and submit necessary copies of the Final Report to the CPM. 9.3 Present the Final Report to the City Council. 9.4 Develop a communication plan for sharing study results with employees of the City. 9.5 Develop a plan for maintaining recommendations over time. KEY PROJECT MILESTONES • Draft and final reports • Final presentation • Communication plan • Implementation and maintenance database Task 10.0 Develop Recommendations for Compensation Administration TASK GOALS • Develop recommendations for continued administration by City staff to sustain the recommended compensation and classification system. • Conduct training. TASK ACTIVITIES 10.1 Develop recommendations and guidelines for continued administration and maintenance of the classification and compensation system by City staff, including recommendations and guidelines related to: • how employees will move through the pay structure/system as a result of transfers, promotions, or demotions; • how to pay employees whose base pay has reached the maximum of their pay range or value of their position; • how to establish salaries for classifications that are above market • the proper mix of pay and benefits; • how often to adjust pay scales and survey the market; • the timing of implementation; and • how to keep the system fair and competitive over time. Page 15 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 10.2 Recommend recruitment/retention strategies, where appropriate. 10.3 Present recommendations to the CPM for review. 10.4 Finalize recommendations. 10.5 Provide training and tools to Human Resources Department staff to ensure that staff can conduct audits/adjustments consistent with study methods until the next formal study is conducted using Evergreen's JobForce Manager tool that will enable Human Resources staff to estimate future pay plan changes, update market information, make determinations on reclassifications, and create new jobs —allowing for streamlining, and an increase in fairness and transparency of regular compensation and classification tasks after solution implementation. KEY PROJECT MILESTONES • Recommendations for compensation administration • Recommendations for recruitment/retention policies • Training on Evergreen's JobForce Manager tool Task 11.0 Provide Updated Class Descriptions TASK GOALS • Update existing class descriptions. • Create new class descriptions as needed, ensuring ADA, FLSA, EEO, etc. requirement satisfaction. • Provide final version of all class descriptions/specifications in electronic format (i.e., MS Word). TASK ACTIVITIES 11.1 Assess current class descriptions for form, content, validity, and ADA, FLSA, EEO compliance, etc. 11.2 Discuss any necessary changes to the class description format with the CPM. 11.3 Update classification descriptions based on data gathered from the job evaluation process. 11.4 Create new class descriptions based on Evergreen's proposed classification structure by leveraging data from the job evaluation process, if available. 11.5 Recommend a systematic, regular process for reviewing class descriptions. 11.6 Establish and facilitate virtually an appropriate review and appeal process should employees have concerns regarding their classification as a result of the study. KEY PROJECT MILESTONES Page 16 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C • Updated class descriptions • New class descriptions, as needed • Recommendations for regular review of class descriptions 4.3 Proposed Timeline Evergreen possesses the ability, staff, skills, and tools to conduct a Classification and Compensation Study for the City of Fresno in 4.5 months of the project start date and following the signing of the contract. This schedule is based on a tentative start date of December 15, 2023, and a completion date of April 30, 2024. Our proposed timeline, shown in Exhibit 4-5, can be modified in anyway to meet the best needs of the City. Page 17 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C SCHEDULE OF FEES AND EXPENSES 5.0 Cost Proposal Evergreen Solutions, LLC is pleased to present our proposed cost to conduct a Classification and Compensation Study for the City of Fresno. We are committed to providing the highest quality consulting services to our client partners for a reasonable fee. Our firm is fortunate that our overhead is minimal and our expenses are reasonable so we can pass that fee savings on to our clients. Our total, not-to-exceed, fixed cost to complete all tasks identified in our detailed work plan in Section 4 of our proposal is based on two different options listed below. Our cost is all inclusive, and includes travel costs (meals and lodging), transportation, fringe benefits, indirect costs (overhead), clerical support, and all other out-of-pocket expenses. Our cost includes four onsite visits to the City as requested to provide the work. - Option A: Recommend appropriate updates to the classification plan for all 102 classifications within the Local 39 bargaining unit through the external market survey of the established list of thirty-seven (37) benchmark classifications identified in Subsection E below and through the internal survey of employees and management personnel, and internal relationships - $128,500 - Option B: Recommend appropriate updates to the classification plan for the established list of thirty-seven (37) benchmark classifications within the Local 39 bargaining unit identified in Subsection E below through the external market survey of the thirty-seven (37) benchmark classifications - $68,500 Our preferred method of invoicing is as follows: • 25% - upon completion of Tasks 1 — 2 • 25% - upon completion of Tasks 3 —4 • 25% - upon completion of Tasks 5 — 6 • 15% - upon completion of Tasks 7 — 10 • 10% - upon completion of Task 11 We are willing to negotiate the time, scope, and cost of the basic tasks, or any other options that the City of Fresno wishes to identify. Evergreen Solutions federal employer identification number is 20-1833438. Page 18 of 18 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Evergreen Solutions, LLC (Consultant) Local 39 Classification & Compensation Stud MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury"with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non- owned automobiles or other licensed vehicles (Code 1-Any Auto). 3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant's profession. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. Page 1 of 4 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER'S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance,"this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. OTHER INSURANCE PROVISIONSIENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of endorsements providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85 or CG 20 10 04 13. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. The Consultant's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. The Consultant shall establish primary and non-contributory status on the General Liability policy by use of ISO Form CG 20 01 04 13, or by an executed endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. Page 2 of 4 r DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 4. The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. 5. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. 6. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. 7. The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. CLAIMS-MADE POLICIES If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a 5-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase "extended reporting" coverage for a minimum of five (5)years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. Page 3 of 4 DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C 5. These requirements shall survive expiration or termination of the Agreement. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or designee prior to the City's execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS If the Consultant subcontracts any or all of the services to be performed under this Agreement, the Consultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the City's Risk Manager or designee. If no side agreement is required, the Consultant shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and the Consultant shall ensure that the City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with the Consultant, and the City, prior to commencement of any work by the subcontractor. Page 4 of 4 r DocuSign Envelope ID:0165C5FB-D78E-4AD3-8A60-003170210E2C EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Local 39 Classification & Compensation Study YES* NO 1 Are you currently in litigation with the City of Fresno or any of ❑ 51/ its agents? 2 Do you represent any firm, organization, or person who is in El [�V litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who ❑ do business with the City of Fresno? 4 l Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with Elthe City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee ❑ who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full belo �. Explanation: _ 1 Sig1hVe 1 2 -�o Z _ Da (Name) - (Company -- (Address) ❑1 Additional page(s) attached. (City State Zip) Page 1 of 1