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HomeMy WebLinkAboutCAG2023-043 - Original - The Segal Group, Inc. - 2023 Non-Represented Classification & Compensation Study - 01/25/20231/24/2023 Okay to sign. C. Schuck. Original 1/25/23 1/26/23 CAG2023-043 Human Resources__________ _____ KENT W-� I -- CONSULTANT SERVICES AGREEMENT between the City of Kent and The Segal Group, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Segal Group, Inc. organized under the laws of the State of Delaware, located and doing business at 333 West 34th Street, New York, NY 10001 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: • Develop a mutually agreeable project management plan that clearly describes all phases of the project with schedules, milestones, responsibilities, constraints, and deliverables and coordinate with the City's project manager throughout the project. • Prepare and implement a communication program that ensures full communication to leadership and employees throughout the project and provides opportunities for meaningful engagement without unduly prolonging the process. • Determine recommended compensation philosophy and present to City staff for discussion. • Determine if changes to existing position descriptions are needed, including standardized diversity, equity and inclusion language; and if so, provide suggested changes for the City to update into these descriptions. • Prepare a comparative analysis that identifies the City's competitive position in a comparative labor market, including comparative city employers. • Prepare recommendations for compensation to maintain competitiveness, ensure equity and position the organization for future development. • Provide recommendations to address budgetary considerations. • Coordinate with the City's project manager throughout the project. • Meetings - to include, but not limited to, stakeholder, employee, and Council meetings. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I on or before July 31, 2023. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $120,000, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - (Over $20,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all materials prepared by Consultant and delivered to the City in connection with this project, which may be used or disclosed by the City for their intended purpose or as otherwise contemplated by this Agreement. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal CONSULTANT SERVICES AGREEMENT - (Over $20,000) protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and reasonable attorney fees, arising out of or in connection with the Consultant's negligence or willful misconduct in the performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence or willful misconduct. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and CONSULTANT SERVICES AGREEMENT - 3 (Over $20, 000) reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City agrees to supply to Consultant (either directly or through City's agents and representatives) on a timely basis all of the data, documentation and information (e.g., current plan design and plan documents, information concerning all plan participants and beneficiaries) reasonably needed by Consultant to perform the Services ("City Information") in a reasonably usable format. If City Information is not provided in a usable format, Consultant will notify City. If the City is unable or unwilling to convert such information into a usable format, Consultant may charge City for actual costs incurred in converting it to a usable format Consultant will have the right to reasonably rely on the accuracy and completeness of City Information. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. City Information is and will remain the sole property of the City and will be safeguarded by the Consultant. The City acknowledges that, in providing the Services, Consultant will distribute or make available certain proprietary materials ("Consultant's Proprietary Information"), including, but not limited to, publications, software, know-how, techniques, methodologies and report formats. Except to the extent that they are or incorporate Consultant's Proprietary Information, all documents, data, and other tangible materials authored or prepared and delivered by Consultant to City under the terms of this Agreement (collectively, the "Deliverables"), are the sole and exclusive property of City, once paid for by City. To the extent that Consultant's Proprietary Information is incorporated into such Deliverables, City will have a perpetual, fully paid, non-exclusive, non -transferable and non-sublicensable right to use, copy, and modify Consultant's Proprietary Information as part of the Deliverables for their intended purpose. The City's use or reuse of any Deliverable on any other project or for any other purpose shall be without liability or legal exposure to the Consultant. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. The City is specifically permitted to release copies of any Deliverables in response to a request under the Public Records Act. If The City receives a request pursuant to the Public Records Act to disclose any information provided by Consultant other than the Deliverables, the City will notify Consultant with sufficient time for Consultant to seek any legally permissible exemption from disclosure. Consultant shall be solely responsible for all costs related to seeking such exemption. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this CONSULTANT SERVICES AGREEMENT - 4 (Over $20, 000) Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Additionally, an electronic copy of all notices to the Consultant shall be sent to Contract Notice@segalco.com. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 01/25/2023 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: The Segal Group, Inc. Title: Vice President Date: 12/12/22 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before -mentioned company was the prime contractor for the Agreement known as into on the Kent that was entered (date), between the firm I represent and the City of I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned Agreement. By:_ For: Title Date EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Cost Proposal Segal is fully aware of the sensitivity of budget allocations for public sector employers. We believe that you will find our approach focused toward achieving the City's objectives in the most cost-effective manner consistent with quality, accuracy, and timeliness. , Project Step Fixed Fee Step 1: Project Initiation $5,000 Assumes we will be on -site one (1) day to meet or meet via videoconference with the City's Project Team and conduct stakeholder interviews, as well as time associated with learning about the City's current compensation and classification structures, policies, and practices. Develop communication plan. Step 2: Compensation Philosophy Included Assumes we develop a compensation philosophy for the City in Step 1 Step 3: Classification Analysis $50,000 Assumes the following: • Develop one customized Job Description Questionnaire • Analyze 150 current job titles covering 250 employees • Conduct employee presentations via videoconference • Conduct up two (2) consecutive days of employee interviews • Develop a recommended classification structure (one draft, one final) • Recommend assignments of individual positions to job titles • Recommend FLSA exemption status of all titles • Apply Segal Evaluator TM job evaluation approach • Review and recommend revisions to existing job titles • Develop an appeals process Step 4: Salary Market Assessment $40,000 Assumes the following: • Develop a customized salary market survey document with up to 80 benchmark job titles, to be distributed to no more than 12 public sector peer employers, as well as the use of up to three (3) published data sources to represent the private sector market • One draft and one final report of the market study findings Step 5: Recommendations Development $20,000 Assumes the following: • Recommend grade assignments for all job titles covered by the study • Draft language for recommended compensation policies • Estimate the cost of implementing the recommended pay schedule, including recommendations regarding placement of each employee within the pay ranges, as well as one revised estimate based on Project Team's review and revisions • Conduct two (2) progress check -in meetings and attend a meeting to review final report with City leadership and staff 7733886v25/97909.902 Segal 44 project Step Fixed Fee Step 6: Present Final Results to the City $5,000 Assumes we develop and deliver one presentation, either on -site or via video conference, to City Council, City leadership and staff TOTAL FIXED FEE $120,000 The proposed fee includes charges for all professional, analytic, and administrative services, as well as all expenses associated with materials, supplies, overhead, and travel for all tasks outlined in this proposal except as otherwise noted. Our total fixed fee will be billed at the end of each month in 6 equal invoices for $120,000. Please note: if the information in the census file is inaccurate additional hourly fees may be charged for data correction and preparation. Travel expenses for meetings scheduled less than one week in advance will be charged additionally. If a scheduled meeting is cancelled by the client, any non-refundable travel expenses will be billed to the client at cost. Our proposed fee assumes only the services and on -site meetings described in the proposal. Should the City request additional services or additional on -site meetings, we would charge the hourly rates shown below, as well as for the time and expenses associated with travel. 2021 Staff Member Title/Role Hourly Rate Ruth Ann Eledge Vice President, Senior Consultant $400 Diana Sobczynski Associate Consultant $285 Rebecca Dayton Senior Associate $250 Francesco Bolzonella Associate $225 For your convenience, invoices can be paid by wire transfer. Please see the following information included below. By Wire Transfer JP MORGAN/CHASE BANK Acct Name: THE SEGAL COMPANY (WESTERNSTATES) INC. Acct Type: CHECKING Acct #: '1440-74-105 ABA #: 021000021 Please reference client name and invoice. 7733886v25/97909.902 Segal 45 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Cvber Liability insurance naming the City as an Additional Insured. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Coverage may be in the form of an underlying GL policy combined with an Umbrella/Excess policy in order to meet the limits required. 2. Cvber Liability insurance shall be written with limits no less than $2,000,000 per occurrence and $2,000,000 aggregate. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Exhibit B - Insurance Requirements Page 1 of 2 The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Exhibit B - Insurance Requirements Page 2 of 2 A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) I DI/1DI2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. New York NY Office One Liberty Plaza 165 Broadway, Suite 3201 CONTACT NAME: PHONE (866) 2g3_7122 FAX (800) 363-0105 (AIC. No. Ext): A/C. No. EMAIL ADDRESS: New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAIG # INSURED INSURER A: Allied world Assurance company (US) Inc 19489 INSURER B: The Segal Group, Inc. 333 west 34th street New York NY 10001-2402 USA INSURER C: INSURER D: INSURER E: INSURER F: ____ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYY POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE PREMISES Ea occurrence CLAIMS -MADE ❑ OCCUR MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIAPPLIES PER: T GENERAL AGGREGATE PRODUCTS - COMPIOP AGG POLICY PRO ❑ LOG JECT OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY IFa accident BODILY INJURY ( Per person) ANYAUTO SCHEDULED OWNED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAR CLAIMS MADE DED RETENTION WORKERS COMPENSATION AND PER STATE! HE ORH- EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N!A E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE POLICY LIMIT Limit (1) $5,000,000 A If yes, describe under DESCRIPTION OF OPERATIONS below Cyber Liability �031275 73 02/28/2022 02/28/2023 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, maybe attached if more space is required) Limit (1) $5,000,000 per claim / $5,000,000 Aggregate. "Consultant Liab" line item represents Professional Indemnity insurance. Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ci ty Of Kent, WA I AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent, VT 98032 USA tQ cJ''GILASF r�iL4JKLJUO c/ /ai. 1 4 aJ 97G1 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SEGACOM-01 ALY50N51 Kuun ,d►CORO` CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDI.3 1 /10/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER .NAME: -- _---------- NFP Property & Casualty Services, Inc. PHONE 516 327-2700 1 (A/C, Noy: 45 Executive Drive (A�c, No, Exty: ( ) -- E-MAIL Plainview, NY 11803 A- INSURER(Sl AFFORDING COVERAGE _— _ I_ NAIC # INSURED Company ---_--- The Segal Group, Inc. INSURtHI--- 333 West 34th Street wsuRER D New York, NY 10001-2402 INSURER E I INSURER F : _ 1 n c,nu �11 IaaGC�• C0VEKAGt5 ka:m i irik A I C t4unnTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - - NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, -T - -- -- - ---_-- -- - POLICY EFF POLICY EXP TYPE OF INSURANCE i p - ITR ADDL SUER; POLICY NUMBER DIY MMIOD A X ' COMMERCIAL GENERAL LIABILITY - - --- . 2/28/2022 2/28/2023 J CLAIMS -MADE 36038114 - - - -- -- I ,_GEN'L AGGREGATE LIMIT APPLIES PER: { POLICY PRO- LOC I r JECTCOMBINED LIMITS LEACH OCCURRENCE i DAMAGE TO RENTED I PREMISES (Ea occurrence)_ MED EXP (Any -one person) _PERSONAL &.ADV INJURY_ GENERAL AGGREGATE GENERAL AGO 1,000, $ 1,000,000 $ -- - - $ 10,000 1,000,000 2,000,000 - $ Included OTHER: A AUTOMOBILE LIABILITY ANY AUTO I 73596984 �'., 2/28/2022 2/28/2023 OWNED -' SCHEDULED AUTOS ONLY AUTOS I pN SW �X AU DS ONLY X AUTOS ONLY i SINGLE LIMIT (Ea accident)_-_ $ 1,000,000 - ---- - $ S _ F BODILY INJURY Per person BODILY INJURY (Peraccident PROPERTY DAMAGE (Per accident)- $-- $ A B X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS-MADEI I N/A 79896228 71738381 I 12/28/2022 2/28/2023 I 1 2/28/2022 'I 2/28/2023 I EACH OCCURRENCE _ I S 20,000,000 ,0-- ,000 I S- 2000 -- - $ $ 1 000,000 ---- --- - 1,000,000 $_ S 1,000,000 AGGREGATE _ _ - OTH- X STATUTE ER ; E.L. EACH ACCIDENT j— - E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DEO X RETENTION $ 10,000. !WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETORIPARTNER/EXECUTIVE F rztoMEn NH) EXCLUDED? a (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below — DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more apace Is required) City of Kent is included as Additional Insured ATIMA where required by written contract. Primary Non -Contributory status applies subject to policy terms and conditons. Cancellation Provision: 30 day notice of cancellation with the only exception being 10 days for non-payment of premium City of Kent, WA 220 Fourth Avenue South Kent, WA 98032 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUggqTTH//HO-RIIZZfE�DjIREPRESENTATIVE r��, u`�"" I � Y✓� �, V 1yUi1-LU"1 O ALIUMU ry — „U.— ....,........ The ACORD name and logo are registered marks of ACORD C H U B Bm Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Additional Insured - Scheduled Person Or Organization Liability Insurance FEBRUARY 28, 2022 TO FEBRUARY 28, 2023 JANUARY 10, 2023 3603-81-14 LIO THE SEGAL COMPANY (EASTERN STATES), INC. FEDERAL INSURANCE COMPANY JANUARY 11, 2023 Under Who Is An Insured, the following provision is added Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Additional Insured - Scheduled Person Or Organization Form 80-02-2367 (Rev. 5-07) Endorsement continued Page 1 CHUBB" Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule CITY OF KENT, WA 220 FOURTH AVENUE SOUTH KENT, WA 98032 All other terms and conditions remain unchanged. Authorized Representative ' a Liability Insurance Additional Insured - Scheduled Person Or Organization l-orm 80-02-2367 (Rev. 5-07) Endorsement lastpage Page 2 KENT WASHINGTON DATE: December 13, 2022 TO: Kent City Council SUBJECT: Agreement with The Segal Group, Inc., for a Non - Represented Salary Survey - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with The Segal Group, Inc. for a non -represented employee salary survey, in an amount not to exceed $120,000, subject to final terms and conditions acceptable to the Human Resources Director and City Attorney. SUMMARY: The City of Kent, Washington ("City") requested proposals for a subject matter expert with significant experience in conducting classification reviews, salary surveys and comparative analyses, involving jurisdictions with sizes similar to the City of Kent, and offering a set of programs and services that overlaps with the City's in December 2021. The Council unanimously approved HR using a consultant to assist in the classification and compensation study and RFPs were solicited. After the RFPs were received and interviews conducted, The Segal Group, Inc. was selected as the best consulting group to manage this study. The scope of work will include the following: 1. Develop a mutually agreeable project management plan that clearly describes all phases of the project with schedules, milestones, responsibilities, constraints, and deliverables and coordinate with the City's project manager throughout the project. 2. Prepare and implement a communication program that ensures full communication to leadership and employees throughout the project and provides opportunities for meaningful engagement without unduly prolonging the process. 3. Determine recommended compensation philosophy and present to City staff for discussion. 4. Determine if changes to existing position descriptions are needed, including standardized diversity, equity and inclusion language; and if so, provide suggested changes for the City to update into these descriptions. 5. Prepare a comparative analysis that identifies the City's competitive position in a comparative labor market, including comparative city employers. 6. Prepare recommendations for compensation to maintain competitiveness, ensure equity and position the organization for future development. 7. Provide recommendations to address budgetary considerations. 8. Coordinate with the City's project manager throughout the project. 9. Meetings - to include, but not limited to, stakeholder, employee, and Council meetings. BUDGET IMPACT: The full cost of this contract will be paid from the Human Resources Department's existing budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Project Timeline (PDF) 2. Master Consulting Agreement The Segal Group (PDF) 11/15/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner