CCR1995248COMMON
RESOLUTION #248-95
APPROVAL OF CONTRACT BETWEEN THE CITY AND
DAVID M. GRIFFITH 6 ASSOCIATES, LTD. FOR PERSONNEL STUDY
BE IT RESOLVED that the Common Council of the City of Muskego
David M. Griffith 6 Associates, Ltd. for Personnel Study subject
approves the attached Contract, as amended, between the City and
to review by the City Attorney.
BE IT FURTHER RESOLVED that the expenses referred to in No. 4 of
the contract of up to 5% of actual contract or $850 shall be paid
from Contingency.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the contracts in the name of the City.
DATED THIS 18th DAY OF DECEMBER , 1995.
SPONSORED BY:
Mayor David L. De Angelis
Deferred 12/12/95
This is to certify that this is a true and accurate copy of
Resolution #248-95 which was adopted by the Common Council of the
City of Muskego.
12/95 jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #248-95
DAVID M. GRIFFITH & ASSOCIATES, LTD. FOR PERSONNEL STUDY
APPROVAL OF CONTRACT BETWEEN THE CITY AND
approves the attached Contract between the City and David M.
BE IT RESOLVED that the Common Council of the City of Muskego
Griffith E, Associates, Ltd. for Personnel Study subject to review
by the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the contracts in the name of the City.
DATED THIS DAY OF , 1995.
SPONSORED BY:
Mayor David L. De Angelis
\ - Deferred 12/12/95
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #248-95 which was adopted by the Common Council of the
City Clerk
0 PROFESSIONAL CONSULTING SERVICES
AGREEMENT TO PROVIDE
TO CITY OF MUSKEGO, WISCONSIN
THIS AGREEMENT, entered into by and between David M. Griffith 8
Associates, Ltd., 630 Dundee Rd., Suite 200, Northbrook, IL, an Illinois corporation;
(hereinafter called the "Consultant") and the City of Muskego, Wisconsin (hereinafter
called the "City"), WITNESSETH THAT
WHEREAS, The City would like development and implementation of a
comprehensive, objective, Classification and Compensation pay plan and an
organizational assessment of creating a Finance Department, and
WHEREAS, The City desires to engage the Consultant to assist in
developing a plan and an assessment to allow the City to accomplish the above
objective, and
WHEREAS, the Consultant is staffed with personnel knowledgeable and
experienced in the requirements of conducting such an analysis for the City,
NOW THEREFORE, the parties hereto mutually agree as follows:
1, Employment of Consultant. The City agrees to engage the
Consultant and the Consultant herebv aarees to perform the services set forth in " 0 Section 2, below.
2. ScoDe of Services. The Consultant shall do, perform, and carry out
in the highest professional manner the development and 'implementation of a
comprehensive, objective, Classification and Compensation pay plan, along with an
Scope of Services are outlined in the December 11, 1995 Proposal to Conduct a
assessment of the organizational structure to create a Finance Department. The
Comprehensive Compensation and Classification Study, the December 11, 1995
Proposal to Perform an Organizational Assessment of Creating a Finance Department,
Administrative Arrangements found in Appendix A for the Classification and
Compensation plan, and Appendix B for the Organizational Assessment, attached as
part of this agreement.
3. Time of Performance. The services to be performed hereunder by
the Consultant shall be undertaken and completed in such sequence as to assure their
expeditious completion and best cany out the purposes of the engagement. A draft
the Classification and Compensation plan, and 12 weeks from execution of contract for
report to the City will be delivered no later than 16 weeks from execution of contract for
the Organizational Assessment. Time is of the essence. The final report will be
submitted as soon as practical thereafter as agreed to by the Client and Consultant.
part by the City or forces de majeur,
Provided however, Consultant shall not be responsible for delays caused in whole or in
subcontractors a sum not to exceed $17,000 for all services required herein. Expenses
4. Compensation. The City agrees to pay the Consultant and its
incurred throughout the project shall be in addition to the above figure and will be billed 0. as they are incurred. Expenses will be limited to travel, lodging, and reproduction and
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shall not exceed the greater of 5% of actual contract or $850. Hourly rates in
performance of this contract shall be as indicated in Appendix C.
The price does not include services provided by DMG following
submission of its final report and recommendations. In the event DMG is required to
provide documents or testimony in response to claims, demands or actions by third
parties, DMG shall bill the City for services rendered based on then current professional
fees and expenses incurred. No tasks shall be undertaken without prior notification to
the City. This provision is intended to apply only to third party actions based on the
City's implementation of DMG's report and findings.
5. Method of Payment. The City shall pay Consultant consistent with
the following: $4,250 (Four Thousand Two Hundred Fifty) after acceptance of this
Agreement, $4,250 after the first month, $1700 after the third month (payable within 30
days), $2550 after the fourth month (payable within 30 days), and the balance of
$4,250 within 30 days after the final report is delivered to the City. The sum of all
payments shall not exceed$17,000 with expenses being billed as an additional amount
and as they are incurred.
Administrative Arrangements of the Consultant to be performed hereunder, Such
6. Changes. The City may from time to time, require changes to the
changes, which are mutually agreed upon by and between the City and the Consultant,
shall be incorporated in written amendment($ to this agreement.
furnish the Consultant with all available necessary information, data, and materials
7. Services'and Materials to be Furnished by the City. The City shall
pertinent to the execution of this agreement when requested by the Consultant. The
City shall cooperate with the Consultant in carrying out the work herein, and shall
provide adequate staff for liaison with the Consultant and other agencies of appropriate
municipal government.
Consultant shall fail to fulfill in timely and proper manner its obligation under this
8. Termination of Agreement for Cause. If, through any cause, the
agreement, the City shall have the right to terminate this agreement with cause, by
giving written notice to the Consultant of such termination and specifying the effective
date thereof, at least fifteen (15) days before the effective date of such termination. If
this agreement is terminated, the City shall pay for the hours actually worked until the
termination and the actual-out-of -pocket expenses incured by the Consultant which
Analyst; $85 Consultant; $125 Manager, The City shall not be responsible for any
may be reimbursable under this Agreement. Hourly rates shall be as follows: $65
hours worked or expenses incurred on matters that are outside the scope of the study
as described in Appendix A and Appendix B or which are directly related to the cause
of termination. Upon receipt of the notice of termination, the Consultant shall only incur
such additional hours and out-of-pocket costs as are necessary for the termination of
the agreement and which are agreed upon in writing by the City. The Consultant shall,
on or before the effective date of termination, provide to the City all work products
generated pursuant to this agreement.
9. Information and Reports. The Consultant shall, at such time and in
of the project, such statements, certificates, approvals, and copies of proposed and
such form as the City may require, furnish such periodic reports concerning the status
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executed plans and claims and other information relative to the project as may be
requested by the City. The Consultant shall furnish the City. upon request, with copies
of all documents and other materials prepared or developed in conjunction with or as
part of the project.
accurate records with respect to all matters covered under this agreement. The City
10. Records and Inspections. The Consultant shall maintain full and
shall have free access at all proper times to such records, and the right to examine and
audit the same and to make transcripts therefrom, and to inspect all program data,
documents, proceedings, and activities.
11, Accomplishment of Project. The Consultant shall commence,
carry out, and complete the project with all practicable dispatch, in a sound economical
and efficient manner, in accordance with the provisions thereof and applicable laws. In
accomplishing the project, the Consultant shall take such steps as are appropriate to
insure that the work involved is properly coordinated with related work being carried on
in the City in accordance with the terms of this Agreement.
12. Provisions Concerning Certain Waivers. Subject to applicable
law, any right or remedy which the City may have under this contract may be waived in
writing by the City by a formal waiver, if, in the judgment of The City, this contract, as so
modified, will still conform to the terms and requirements of pertinent laws.
13. Matters to be Disregarded. The titles of the several sections,
subsections, and paragraphs set forth in this contract are inserted for convenience of
reference only and shall be disregarded in construing or interpreting any of the
provisions of this contract.
14. Completeness of Contract. This contract and any additional or
supplementary documents or documents incorporated herein by specific reference
contain all the terms and conditions agreed upon by the parties hereto, and no other
agreements, oral or otherwise, regarding the subject matter of this contract or any part
hereof shall have any validity or bind any of the parties hereto.
15. Indemnification. Each party shall be responsible for its own acts
and will be responsible for all damages, costs, fees and expenses which arise out of
the performance of this Agreement and which are due to that party's own negligence,
tortious acts and other unlawful conduct and the negligence, tortious acts and other
unlawful conduct of its respective agents, officers and employees. In the absence of
negligence in Consultant's performance hereunder, the City shall defend, indemnify
and hold Consultant free and harmless from and against any claims, demands, actions,
damages, expenses, fees and liabilities arising by virtue of any and all claims, demands
or actions brought by third parties which are related in any way to City's implementation
of Consultant's recommendations and findings.
16. City Not Obligated to Third Parties. The City shall not be
obligated or liable hereunder to any party other than the Consultant.
17 When Rights and Remedies Not Waived. In no event shall the
making by the City of any payment to the Consultant constitute or be construed as a
waiver by the City of any breach of covenant, or any default which may then exist, on
the part of Consultant, and the making of any such payment by the City while any such
to the City in respect to such breach or default.
breach or default exists shall in no way impair or prejudice any right or remedy available
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18. Copyright. City acknowledges that the appraisal forms, job
description formats, comprehensive position questionnaire, compensation and
classification plan and reports to be provided by Consultant are copyrighted. City
agrees that all ownership rights and copyrights thereto lie with Consultant. City may
use them solely for and on behalf of City’s operations.
19. Personnel. The Consultant represents that he has, or will secure at
his own expense, ail personnel required in performing the services under this
agreement. Such personnel shall not be employees of or have any contractual
relationship with the City. All of the services required hereunder will be performed by
the Consultant or under his supervision, and all personnel engaged in the work shall be
fully qualified to perform such services.
20. Notices. Any notices, bills, invoices, or reports required by this
agreement shall be in writing and shall be given either by personal delivery or by mail
and shall be deemed given or made when personally delivered, or then deposited in
the United States mail, postage paid, to the respective addresses noted below:
If to the City:
Mr David DeAngelis
City of Muskego, WI
W182 S8200 Racine Ave
Muskego, WI 53150
If to the Consultant:
Ms. Sally Rogers
David M. Griffith & Associates, Ltd
2445 Darwin Road Suite 201
Madison, Wisconsin 53704
In Witness Whereof, the City and the Consultant have executed this .
agreement as of the date first written above. ,
City of Muskego, Wiscons,
. David M. Griffith 8 Associates, Ltd. ,
Senior Manager
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APPENDIX A
ADMINISTRATIVE ARRANGEMENTS
CLASSIFICATION AND COMPENSATION PLAN
The professional fees and services are based on the following understandings:
DMG will hold a total of three orientation sessions with employees. Union
representatives will be invited to attend one of the meetings.
We will evaluate up to 50 classifications. Each additional classification added to
the study will be evaluated and a position description produced f0r.a fee of
$175 per classification.
City management will provide DMG with completed~ Comprehensive Position
Questionnaires (CPQs) that have been reviewed and approved by appropriate
managers.
City management will provide us with a determination as to whether each
position is currently treated as exempt or non-exempt. DMG will analyze the
FLSA status of each classification and recommend FLSA designation.
DMG will conduct up to 8 grade reviews at no additional cost. Should more than
this number be requested, we will conduct them at an $85 hourly rate. We have
provided for a two week appeal period during which time employees may
complete our grade review forms and submit them to DMG in writing. No
requests for grade review beyond this two week period will be accepted.
The analysis of market pay will include several exisfing data sources. DMG will
not conduct a separate survey for this project.
DMG will submit a preliminary final report, which will be followed by a review
period, prior to the issuance of the final report, during which we will attend one
additional meeting, if requested, to discuss the draft report, if requested by the
City. We will be available to make a final presentation to one meeting of the
City Council. On the same day as the Council meeting, DMG will attend 2
meetings with employee groups to explain the study’s findings and
recommendations. Union representatives will be invited to attend one of the
meetings. Fees and expenses associated with any additional presentations or
meetings, subsequent to the production of the final report and employee
meetings will be invoiced separately at $85 per hour,
We will provide sufficient copies of the final report for each member of the City
Council, the Mayor, plus an additional 5 copies, and a camera-ready original for
the City to use for additional copies.
Our fee is based on the assumptions presented above. Any additional work required
beyond the scope of this proposal, such as additional presentations not specified in the
proposal, or follow-up services, would be billed at our standard hourly rates for
professional services.
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APPENDIX B
ADMINISTRATIVE ARRANGEMENTS
ORGANIZATIONAL ASSESSMENT
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Subtask la: Pre-Proiect Kickoff. Upon acceptance of our proposal and
contract, DMG will schedule the project kickoff meeting and initial on-site visits
and interviews. DMG will also send the City a detailed list of the background
materials and information needed to proceed with the project (much of which we
hope to have provided to us prior to the kickoff meetings).
Subtask lb: Proiect Kickoff. DMG will meet with the Steering Committee and
other officials, as appropriate, to introduce our staff; review and confirm the
work plan and schedule; identify project liaisons; discuss interim meeting dates;
discuss scheduling of interviews and on-site visits; discuss confidentiality
requirements and procedures; and define logistical arrangements.
Subtask lc: Additional Data Collection. On an on-going basis throughout the
project, we may request and collect pertinent background materials and reports
that we are referred to during our fact finding visits and interviews.
Subtask id: Onqoinq Proiect Manaaement. DMG will hold Steering
Committee and project review meetings, and conduct project administration on
an as needed basis throughout the course of the project.
Due to price considerations, most of the project review meetings will be in the
form of telephoneconferences between the City and project team.
Task 2: Fact Finding
Subtask 2a: Interviews. Site Visits, and Document Reviews. During this
phase we will conduct interviews with the following individuals:
Mayor
Interested members of the Common Council
ClerWComptroller
Treasurer
Deputy Treasurer
Deputy Clerk
Assistant File Clerk
Bookkeeper
Assistant Bookkeepers
Receptionist
Sewer and Water Utility Clerks (together)
Voter Registration Clerk
Subtask 2b: Visit work sites, and review operations and facilities. During
our fact finding, we will visit employees in their work settings and observe
operations with little or no interruption in work activities.
APPENDIX B
Task 3: Analysis and Review of Data
Subtask 3a: Orqanizational Analysis. DMG will prepare an analysis of the
financial related services provided by the offices of the City ClerWComptroller,
City Treasurer, and any other involved City departments including a review of
the administration, chain of command, communication (internal and external),
and staffing/allocation of resources.
Subtask 3b: FOIIOW-UP Interviews. DMG will conduct follow-up interviews as
needed to confirm data, and fill in gaps in the data or other information as
needed.
Task 4: Draft Report
Subtask 4a: Development of Draft Report. DMG will compile our analysis
and findings into a written draft report with recommendations to be sent to the
Steering Committee for its review.
Subtask 4b: Citv Review of Draft Report. City officials will review the draft
report in order to prepare comments and suggestions for the consultant to
consider in the development of the final report.
Subtask 4c: DMG Review of City Comments. DMG will meet with the
Steering Committee and other appropriate City officials to review their
comments on the draft report.
Task 5: Final Report
Subtask Sa: Development of Final Report. Based on the City's comments on
the draft report, DMG will compile and deliver thirteen (13) copies of the final
report.
Task 6: Final Presentation
Subtask 6a: Presentation of Final Report. After the submission of the final
report, DMG will meet before appropriate City officials and/or committees to
present and review the findings and recommendations contained in the final
written report.
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Analyst ....... ...... .......
Consultant ............
Manager ..................................
$65
.... $85
................. $125
APPENDIX C
CONSULTANT HOURLY RATES
I
December 18, 1995
To Whom It May Concern:
This to certify that Denny Malinowski is a Senior Manager with David M.
Griffith & Associates, Ltd. At its Board of Directors meeting on March 10,
1995 the Company adopted policies governing contract authority for
employees. Mr. Malinowski is authorized to enter into contracts for amounts
up to $100,000.
RESOLVED, all proposal and contract signing authority previously
granted to Company employees is hereby superseded by the following
authorities.
ErnploveelPosition
Board Member
Vice President
Huelsman & Steele
& Lauria
Senior Manager
Maximum Contract 8 Proposal Sianing
Authority
Up to $500.000. Proposals or Contracts
over this amount require the President's
approval.
Up to $250.000. Proposals or Contracts
over this amount require a Board Member's
approval.
Up to $250.000. Proposals or Contracts
over this amount require a Board Member's
approval.
Up to $1 00.000, with the prior written
authorization of a vice President.
All other employees are required to have all proposals or contracts signed by an
officer with appropriate contract signing authority. If there are significant areas
of exposure in the contract language, the contract must be reviewed by legal
counsel.
Motion: Brown
Second: Masw