Loading...
HomeMy WebLinkAboutFirst Person Contract for HRCity of Jeffersonville Government Contract Coversheet Please note: All information MUST be completely filled out and submitted to Clerk's Office within 48 hrs of execution. RECEIVED JUN 1 0 .24 op. Date Submitted to Clerk: 05/15/2024 ftn, n . wrir 73A13038 Department: Human Resources Vendor Name:First Person Inc. subsidiary of NFP Sign Date: 5/15/2024 Ending Date: 12/31/2024 Amount of Original Contract: 39,500.00 Is this an amendment or change order to original contract? n0 Amended Contract Amount: Purpose: This is a professioanl services agreement for consulitng services for compensation consulting services to include market data analysis for 65 benchmark jobs and slot positions. Will review and make recommendations for salary administration policy and pay grades. For Clerk's Office to fill out Date uploaded to Gateway: SERVICES AGREEMENT This Services Agreement (the "Agreement") made on and as of_05/15/2024 the "Effective Date") is by and between First Person, Inc., a subsidiary of NFP, Inc., an Indiana corporation (the "Consultant"), and City of Jeffersonville, Indiana, a municipal governmental entity in the State of Indiana (the "Client'). RECITALS WHEREAS, the Consultant will provide compensation consulting services, benchmarking, and organizational performance services for Client (the "Services"); and WHEREAS, the Client wishes to engage the Consultant to conduct Services for the Client and Consultant wishes to provide such Services; NOW, THEREFORE, in consideration of the mutual covenants set forth herein, Consultant and Client agree as follows: SECTION 1 SERVICES AND COMPENSATION. 1.1 The Consultant shall perform, on an as needed basis, the Services specified in Schedule i to this Services Agreement. 1.2 Upon Client's request, the Consultant may perform additional services not included on Schedule 1, and the scope and fees for such additional services shall be determined by agreement of the parties. 1.3 During the term of this Agreement, the Consultant shall receive compensation for services provided to Client under this Agreement as set forth in Schedule 2. SECTION 2 TERM AND TERMINATION. 2.1 The term of this Agreement shall commence on the Effective Date and will continue until completion of the Services outlined in Schedule 1 hereto, unless otherwise terminated as provided in Section 2.2. 2.2 Either party will have the right to terminate this Agreement with or without cause if the terminating party provides written notice of its intent to terminate the Agreement no later than sixty (60) days prior to the effective date of termination. This 60-day notice period may be waived by mutual written consent of the parties. NFP 2.3 Upon termination of this Agreement for any reason, the Consultant shall (i) cease all Services and (ii) if requested by Client, promptly return to the Client all proprietary information belonging to Client. Upon request, Consultant will also return all written work product related to the Services specifically performed for Client as of the termination date (whether complete or partially complete) in the Consultant's possession or control. Termination is subject to payment by Client of all accrued but unpaid Services rendered in accordance with the terms of this Agreement and outlined in Schedule 1. SECTION 3 MISCELLANEOUS PROVISIONS. 3.1 This Agreement (including all schedules hereto) contains the entire agreement of the parties with respect to its subject matter. This Agreement may be modified or amended only by a written amendment duly executed by all parties. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. 3.2 The parties agree that the terms and conditions of this Agreement are the result of negotiations between the parties and that this Agreement shall not be construed in favor of or against any party by reason of the extent to which any party or its professionals participated in the drafting of this Agreement. 3.3 The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that parry's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 3.4 Parties shall be deemed to be and shall be independent contractors. Neither party is authorized or empowered to act as agent for the other for any purpose and shall not on behalf of the other enter any contract, warranty, or representation as to any matter. Neither party shall be bound by the acts or conduct of the other 3.5 Neither party shall delegate its duties or assign its rights under this Agreement, in whole or in part, without the prior written consent of the other party hereto. 3.6 Consultant agrees to maintain all Client data related to the Services in the strictest confidence and utilize that data only as necessary to execute the performance of Services. Consultant will return or destroy Client data upon completion of the project at Client's request. 3.7 Neither party shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service deemed resulting, directly or indirectly, from acts of God, civil or military authority, riots or civil NFP. disobedience, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of transportation, machinery, supplies or utilities, vandalism, strikes or other work interruptions beyond the reasonable control of any party. However, the parties shall make good faith efforts to perform under this Agreement in the event of any such circumstances. 3.8 Neither party shall discriminate against any person based on age, disability, gender, national origin, race, religion, sexual orientation, or status as a veteran in the performance of this Agreement. 3.9 Consultant agrees to maintain a policy of insurance in the minimum amount of Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate coverage for professional liability, negligence, errors and omissions, and commercial general liability. Consultant shall provide evidence of such insurance promptly upon the execution of the Agreement. 3.10 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 3.11 This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to any State's choice of law principles. 3.12 To the extent notice is to be provided to the parties under any provision of this Agreement, notice shall be provided to: If to the Client: Atn :City of Jeffersonville Attn: Kim Calabro, Director of HR 500 Quartermaster Court Jeffersonville, In. 47130 If to the Consultant: Attn: Catherine M. Stowers, VP, Legal Counsel and Consultant First Person, Inc., a subsidiary of NFP, Inc. 8900 Keystone Crossing, Suite 900 Indianapolis, Indiana 46240 NFP IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below, effective as of the Effective Date outlined above. CITY OF JEFFERSONVILLE FIRST PERSON, INC. (a subsidiary of NFP, Inc.) By: By: Printed Name: Catherine M. Stowers Title:Title: VP, Legal Counsel and Consultant Date:Date: NFP Schedule 1 Scope of Consulting Services to be Performed by the Consultant Consultant will perform compensation consulting and analyses as follows: Compensation Project Plan Phase 1: Data Gathering and Clarification Consultant Accountability: Collect and review job descriptions, list of job titles, organizational chart, current salary data, and other supporting materials Meet with Client to define goals and outcomes for the project, evaluate Client's compensation program, establish compensation philosophy, determine the scope of the data (industry, revenue, number of employees, geography, etc.) that Consultant will focus on for the market research Address any open questions or issues Client Accountability: Gather and provide the information requested Establish project team participants and coordinate logistics Participate in kickoff meeting and give input on compensation philosophy and survey scope data Phase 2: Benchmarking & Structure Development Consultant Accountability: Benchmark up to 65 jobs Create benchmark reports utilizing published survey sources, aging the data to a common point in time to make it current and consistent Gather 25th, 50th, and 75th percentile data for both base and total cash compensation when available Meet with Client to present and discuss the benchmark data Revise the benchmarking worksheets based on Client feedback Meet with Client to review changes and finalize the benchmark data NFP Create a salary structure based on the market data that includes grade minimums, midpoints, and maximums Note: The Parties anticipate there will be different structures based on the different annual hours for different working groups Consultant will integrate discussions on the total rewards package and benefits benchmarking into the desired market positioning for Client's pay structure Assign benchmark and non-benchmark positions to the salary structure Analyze gaps between the recommended pay ranges and incumbent salaries and recommend adjustments as needed Complete one gap analysis based on census file provided by Client Client Accountability: Review and provide feedback on the information and recommendations at key points in the project, including: o The benchmark review o The salary structure review o The gap analysis review Be available for questions and input as the project progresses. Phase 3: Communication and Implementation Support Consultant Accountability: Support Client with key stakeholder, leader, and employee communications around the rollout of the program Meet with Client to present the final data, findings, and recommendations Prepare a report of findings that includes: Compensation philosophy methodology Summary benchmark data Key findings and recommendations Provide recommendations on how to maintain the pay structure and Client's system going forward o This includes up to 3 additional benchmark jobs that Client may Client Accountability: Collaboratively work with Consultant on the employee communications plan and implementation to ensure the project meets Client's needs and reflects Client's culture and communication cadence Review the final report and give feedback NFP Schedule 2 Client Fee Schedule Client will compensate Consultant for the Scope of Services outlined in Schedule 1 as follows: Total Investment 39,500 This includes this work and deliverables as outlined in Schedule 1: Benchmark (market analysis) for up to 75 positions Market analysis data and reports for each benchmarked position Pay structure (e.g. pay bands/ranges) for each position Compensation recommendations for current employees compared to the new structure Communications and implementation support, including a summary report that includes high level data, findings, gap analysis, and recommended next steps 3 complementary seats in NFP's Compensation Bootcamp Travel Expenses: Consultant's project approach allows successful completion of much of this work virtually. In the performance of the Services, Consultant may incur project-related costs, including but not limited to pre-approved travel expenses for one or more NFP consultant(s). Expenses that are pre-approved by the Client are the responsibility of the Client and will be billed to the Client as they are incurred, at NFP's actual cost. Payment for any project-related costs is due upon receipt of the invoice(s) and supporting documentation, and these costs are non-refundable. Cost Assumptions and Billing Terms: All pricing is inclusive of the requirements and specified number of Benchmark jobs and salary survey sources. Any additions or modifications may affect the price. Invoicing terms will be 50% upon acceptance of the proposal; 25% upon completion of the project Phase 2 and the remainder upon the overall project completion. Any duties required of Consultant beyond the scope of Schedule 1 will be scoped and priced separately and a proposal will be provided to the Client prior to the beginning of any work. NFP IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below, effective as of the Effective Date outlined above. CITY OF JEFFER NVILLE FIRST PERSON, INC. (a subsidiary of NFP, Inc.) By: By: Printed Name: M oars.. Catherine M. Stowers Title: '\'dolor Title: VP, Legal Counsel and Consultant Date: S—1s- 2-4( Date: NFP DocuSign Envelope ID:702C81EB-6FBA-4159-B8A6-73D1DDA05C55 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below, effective as of the Effective Date outlined above. CITY OF JEFFERSONVILLE FIRST PERSON, INC. (a subsidiary of NFP, Inc.) DocuSigned by: Caiiu,Vlln l Ait- StowsBy. btlJuu6bu4ry54tb Printed Name: Catherine M. Stowers Title: Title: VP, Legal Counsel and Consultant Date: Date: 6/7/2024 NFP .