HomeMy WebLinkAbout14967RESOLUTION NO. 14967
A RESOLUTION APPROVING A SERVICE AGREEMENT
BETWEEN THE CITY OF PUEBLO AND FLAHERTY AND
HOOD, P.A. IN THE AMOUNT OF $101,250 AND SETTING
FORTH $3,750 IN CONTINGENCIES FOR CONSULTING
SERVICES FOR THE PERFORMANCE OF A
COMPREHENSIVE COMPENSATION STUDY AND
ANALYSIS AND AUTHORIZING THE PURCHASING
AGENT TO EXECUTE SAME
WHEREAS, competitive bids for Project No. 22-0238 Consultant to Perform
Compensation Study and Analysis have been received and examined; and
WHEREAS, the proposal of Flaherty and Hood, P.A., was determined to be the
most advantageous to the City, and in the best interest of the City, based on the
evaluation factors set forth in the Request for Proposals; NOW, THERFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
City Council authorizes Project No. 22-0238 Consultant to Perform
Compensation Study and Analysis to be performed, and the contract for said project is
hereby awarded to Flaherty and Hood, P.A, in the amount of $101,250 plus $3,750 in
contingencies.
SECTION 2.
Funds for the project shall be paid from account CI2113, American Rescue Plan
Act.
SECTION 3.
The Purchasing Agent is authorized to execute said contract on behalf of the City
of Pueblo, A Municipal Corporation, and the City Clerk shall affix the seal of the City
thereto and attest the same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of this Resolution and the attached contract to implement the
transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED August 8, 2022
BY: Sarah Martinez
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: August 8, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Marisa L. Pacheco – Human Resources Director
SUBJECT: A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN THE CITY
OF PUEBLO AND FLAHERTY AND HOOD, P.A. IN THE AMOUNT OF
$101,250 AND SETTING FORTH $3,750 IN CONTINGENCIES FOR
CONSULTING SERVICES FOR THE PERFORMANCE OF A
COMPREHENSIVE COMPENSATION STUDY AND ANALYSIS AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
Attached is a Resolution approving a service agreement between the City of Pueblo and
Flaherty and Hood, P.A. for consulting services to perform a comprehensive compensation
study and analysis.
PREVIOUS COUNCIL ACTION:
On April 11, 2022, Resolution No. 14854 was approved by City Council authorizing payment
from Project CI2113 – American Rescue Plan Act (ARPA) for governmental services and
projects as authorized by section 603(c) (1)(C) of the American Rescue Plan Act and U.S.
Treasury Final Rule 31 CFR 35.6. The compensation study was one of the designated projects
approved in this resolution.
BACKGROUND:
The scope of services for this agreement includes the performance of a comprehensive study
and analysis of the City’s compensation program to evaluate market competitiveness related to
City salary levels as compared to comparison agencies. The study will also identify pay
structure issues such as salary compression between classes, inappropriate overlap of ranges
and other structural issues as well as provide an analysis of pay equity among incumbents. In
addition to wages, the study will include compilation, review, and analysis of other
organizational and market data such as insurance benefits, paid leave, general pay practices
and other identified categories of interest to provide a total compensation perspective of how the
City of Pueblo compares to the market. Finally, the consultant will communicate the results of
the study to City Council and the workforce and will strategize with City administration on the
implementation of any findings and adjustments that are recommended.
FINANCIAL IMPLICATIONS:
Funding in the amount of $105,000 will be paid from account CI2113, American Rescue Plan
Act for this project.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable to this Resolution.
STAKEHOLDER PROCESS:
Not Applicable to this Resolution.
ALTERNATIVES:
Denial of this resolution will cancel the project.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Agreement – Flaherty and Hood, P.A.
DocuSign Envelope ID:B02300FF-4E88-4D56-9BE7-D5CBA017B51F
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN CITY OF PUEBLO AND
FLAHERTY& HOOD,P.A.
August
THIS AGREEMENT is made and entered this 9th day of , 2022 by and between Pueblo, a
Municipal Corporation (hereinafter referred to as "Client") and Flaherty & Hood, P.A., a registered business in the
State of Minnesota (hereinafter referred to as "Consultant") for Consultant to render professional public sector
compensation consulting services for Client with respect to Bid 22-038 RFP Consultant to Perform Compensation
Study and Analysis and related ancillary services, hereinafter referred to as the "Project." In consideration of the
mutual covenants hereinafter set forth,the parties agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES
(a) Consultant shall satisfactorily perform the professional consulting services for the Project described
in more detail in Schedule I attached hereto and incorporated herein by reference (the "Base Services") and the
Additional City-Wide Services for the Study set forth in Schedule 2 (collectively the "Scope of Services"). Such
services shall include all usual and customary professional public sector compensation consulting services
contemplated by the Scope of Services. In the event this Agreement follows the selection of Consultant by Client
pursuant to a Request for Proposals(RFP),all of the requirements of that RFP are incorporated herein by reference,
unless any requirement is expressly excluded in Schedule 1. It is expressly understood that Consultant represents that
it has all required licensing and skill in the professional calling necessary to perform the Scope of Services according
to the highest professional standards, and Client relies upon the skill of Consultant to do and perform said work in
such manner. The acceptance of Consultant's work by Client does not operate as a release of consultant from said
understanding and representation.
(b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants,
Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such
subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees.
SECTION 2. CONSULTANT'S RESPONSIBILITIES
(a) Consultant shall be responsible for the professional quality, accuracy, and timely completion of
Consultant's work,including that performed by Consultant's subconsultants and subcontractors irrespective of Client's
approval of or acquiescence in same.
(b) Consultant shall be responsible, in accordance with applicable law,to Client for all loss or damage
to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and
excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a
condition precedent to commencement of an action, including any such requirements set forth in Section 13-20-602,
C.R.S.or similar statute,whether now existing or hereafter enacted.
(c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution
of work under this Agreement and shall provide all necessary safety and protective equipment for said employees.
(d) Consultant acknowledges that time is of the essence with respect to the completion of its services
under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant
proposes to accomplish its work,with time periods for which it will commence and complete each major work item.
Except to the extent the parties agree to time extensions for delays beyond the control of Consultant,Consultant shall
adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement
of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted
for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor, and utilities
required for the work,the availability of information which must be obtained from any third parties,and all conditions
to access to public and private facilities.
(e) Before undertaking any work or incurring any expense which Consultant considers beyond or in
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addition to the Scope of Work described in Schedule 1 and Schedule 2 or otherwise contemplated by the terms of this
Agreement,Consultant shall advise Client in writing that(i)Consultant considers the work beyond the scope of this
Agreement,(ii)the reasons that Consultant believes the out of scope or additional work should be performed,and(iii)
a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work
until authorized in writing by Client. The compensation for such authorized work shall be negotiated,but in the event
the parties fail to negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its
direct costs and professional time at the rates set forth in Schedule 2 attached hereto.
SECTION 3. FEES FOR SERVICES; PAYMENT
(a) Client will pay to Consultant as full compensation for all services required to be performed by
Consultant under this Agreement,except for services for additional work or work beyond the scope of this Agreement,
the maximum sum of U.S.$101,250.00,computed as set forth in Schedule 2.
(b) Consultant shall submit periodic, but not more frequently than monthly,applications for payment,
aggregating to not more than the maximum amount set forth above,for actual professional services rendered and for
reimbursable expenses incurred. Applications for payment shall be submitted based upon the rates and expense
reimbursement provisions set forth in Schedule 2 attached hereto and shall contain appropriate documentation that
such services have been performed and such expenses incurred. Thereafter,Client shall pay Consultant for the amount
of the application within 45 days of the date such application is received.
(c) No separate or additional payment shall be made for profit, overhead, local telephone expenses,
lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise
provided and listed in Schedule 2.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in
correcting Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the
provisions of Section 2(e). No such work shall be performed without written authorization and approval of City and
certification by the City Director of Finance that a balance of appropriation exists and funds are available for such
work.
(f) In the event services under this Agreement are phased and to be performed in more than one fiscal
year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial
appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial
and subsequent annual appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information,surveys,data,and previous reports accessible to Client which Consultant may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall
be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information
and make decisions with respect to the Project. Said representative shall not,however, have authority to bind Client
as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value
which is the lesser of$5000 or 5%of the maximum contract price.
(c) Client shall examine all documents presented by Consultant and render decisions pertaining thereto
within a reasonable time. The Client's approval of any reports, documents, or other materials/product furnished
hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work.
(d) Client shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of Client and its requirements,a period of 14 days shall be presumed
reasonable for any decision not involving policy decision or significant financial impact, when all information
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reasonably necessary for Client to responsibly render a decision has been furnished. A period of 46 days shall be
presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The
above periods of presumed reasonableness shall be extended where information reasonably required is not within the
custody or control of Client but must be procured from others.
SECTION 5.TERMINATION
(a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at
any time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its
subcontractors shall cease all work and stop incurring expenses,and shall promptly deliver to Client all data,reports,
calculations,summaries,documents,work product,and materials as Consultant may have accumulated in performing
this Agreement,together with all finished work and work in progress.
(b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant
shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of
termination;together with any reasonable costs incurred within 10 days of termination provided such latter costs could
not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to
Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a).
(c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement
by Consultant,or for other fault of Consultant including but not limited to any failure to timely proceed with work,or
to pay its employees and consultants,or to perform work according to the highest professional standards,or to perform
work in a manner deemed satisfactory by Client's Project Representative,then in that event,Consultant's entire right
to compensation shall be limited to the lesser of(a)the reasonable value of completed work to Client or(b)payment
at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably
incurred,prior to date of termination.
(d) Consultant's professional responsibility for its completed work and services shall survive any
termination.
SECTION 6. USE OF DOCUMENTS
(a) Data,reports,and all other documents prepared or provided by Consultant hereunder shall become
the sole property of Client, subject to applicable federal grant requirements,and Client shall be vested with all rights
therein of whatever kind and however created,whether by common law,statute or equity. Client shall have access at
all reasonable times to inspect and make copies of all notes,other technical data,or other documents pertaining to the
work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant
to this Agreement except (i) with advance written consent of Client, which consent may be granted or withheld in
Client's sole and absolute discretion and(ii)in full compliance with the requirements of this Agreement and applicable
federal regulations.
SECTION 7. INSURANCE AND INDEMNITY
(a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such
insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal
injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its
employees,and from claims or damages because of injury to or destruction of property including loss of use resulting
therefrom;and such insurance will provide for coverage in such amounts as set forth in subparagraph(b).
(b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows:
(i) Workers'Compensation Insurance complying with statutory requirements in Colorado and
in any other state or states where the work is performed.The Workers' Compensation Insurance policy shall
contain an endorsement waiving subrogation against the Client.
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(ii) Commercial General Liability Insurance. The Consultant shall secure and maintain during
the period of this agreement/contract and for such additional time as work on the project is being performed,
Commercial General Liability Insurance issued to and covering the liability of the Consultant with respect to
all work performed by him and all his subcontractors under the agreement/ contract, to be written on a
comprehensive policy form. This insurance shall be written in amounts not less than $1,000,000 for each
occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each
occurrence and aggregate for property damage. This policy of insurance shall name the City of Pueblo, its
agents,officers and employees as additional insureds. This policy shall have all necessary endorsements to
provide coverage without exclusion for explosion and collapse hazards, underground property damage
hazard, blanket contractual coverage, as well as Owner's and Contractor's Protective Liability (OCP)
coverage. The policy shall also provide coverage for contractual liability assumed by Consultant under the
provisions of the Agreement/Contract,and"Completed Operations and Projects Liability"coverage.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000 in a form and
with a deductible acceptable to owner.
(iv) Comprehensive Automobile Liability Insurance. The Consultant shall procure and
maintain during the period of the agreement/contract and for such additional time as work on the project is
being performed,Comprehensive Automobile Liability Insurance. This insurance shall be written with limits
of liability for and injury to one person in any single occurrence of not less than $350,000 and for any injury
to two or more persons in any single occurrence of not less than $1,000,000. This insurance shall include
uninsured/underinsured motorist coverage and shall protect the Consultant from any and all claims arising
from the use both on and off the site of the project of automobiles, trucks, tractors, backhoes and similar
equipment whether owned, leased, hired or used by Consultant.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to
third parties,arising out of negligent acts or omissions of Consultant, its employees,subcontractors and consultants.
SECTION 8. SUBCONTRACTS
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client
has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through
subconsultants or subcontractors,Consultant shall contractually bind each of its subconsultants and subcontractors by
subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a
third-party beneficiary of those subcontract provisions.
(b) Consultant shall indemnify and defend Client from all claims and demands for payment for services
provided by subcontractors of Consultant.
(c) Consultant acknowledges that,due to the nature of the services to be provided under this Agreement,
the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal
responsibility for services performed under this Agreement. Consequently,Consultant represents that it has selected
and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior
to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants
or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto.
Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection.
SECTION 9. REQUIRED FEDERAL PROVISIONS
(a) Consultant understands that Client may be funding the Project in whole or part with funds provided
by the American Rescue Plan Act of 2021, Coronavirus State and Local Fiscal Recovery Funds (SLFRF Program).
Consultant agrees it is subject to and shall comply with all applicable provisions of said Title 2 CFR, Part 200 for
which the contract award has been made and applicable regulations.
(b) Consultant shall comply with the attached Special Funding Contract Requirements and any/all other
Federal, State,and local laws applicable to its activities.
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(c) All records with respect to any matters covered by this Agreement shall be available for inspection
by Client,the U.S.Treasury Department,or any other Federal or State fund auditing agencies regarding use of ARPA
funds at any time during normal business hours and as often as agencies deem necessary,to audit,examine and make
excerpts or transcripts of relevant information,and otherwise to perform its official functions or duties.
SECTION 10. MISCELLANEOUS
(a) Notices. Any and all notices or other communications required or permitted by this Agreement or
by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed
duly served and given when personally delivered to the party to whom it is directed,or in lieu of such personal service,
when deposited in the United States mail, first-class postage prepaid, addressed to the Client, City's Department of
Human Resources, Attention: Marisa Pacheco, HR Director, 301 W. B Street, Pueblo, Colorado, 81003, or to
Consultant at Flaherty & Hood, P.A., Attention: Brandon Fitzsimmons, Shareholder Attorney, 525 Park St., Suite
470,Saint Paul,Minnesota,55103. Either party may change his address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this paragraph.
(b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties
of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null
and void. In the case of any conflict between the terms of this Agreement for Professional Services and terms of
Schedule I or any other attachment hereto,the terms of this Agreement shall govern.
(c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their
successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to
become due hereunder to Consultant may be assigned by it without the written consent of Client,which consent may
be withheld in Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this
subsection shall be void.
(d) Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by
written amendment signed by an authorized representative of Consultant and by Client in accordance with the
requirements of Section 4(b)of this Agreement or upon authorization of Client's governing board.
(e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of
the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be
decided in a state court of competent jurisdiction located in Pueblo,Colorado.
(f) Equal Employment Opportunity. In connection with the performance of this Agreement, neither
Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race,
color,religion,sex,national origin,disability or age. Consultant shall endeavor to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, color, religion, sex, national origin,
disability or age.
(g) Severability. If any provision of this Agreement,except for Section 2, is determined to be directly
contrary to and prohibited by law or the requirements of any federal grant or other Project funding source,then such
provision shall be deemed void,and the remainder of the Agreement enforced. However,it is the intent of the parties
that Section 2 of this Agreement not be severable,and that if any provision of said section be determined to be contrary
to law or the terms of any federal grant,then this entire Agreement shall be void.
SECTION 11. COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986.
Consultant certifies that it has complied with the United States Immigration Reform and Control Act of 1986.
Consultant represents and warrants that to the extent required by said Act, all persons employed by Consultant for
performance of this Agreement have completed and signed Form 1-9 verifying their identities and authorization for
employment.
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SECTION 12. PERA LIABILITY
Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by
the City of Pueblo to the Public Employees' Retirement Association("PERA") for salary or other compensation paid
to a PERA retiree performing contracted services for the City under this Agreement. The Consultant shall fill out the
Colorado PERA Questionnaire and submit the completed form to City as part of the signed Agreement.
SECTION 13. ELECTRONIC SIGNATURE
This Agreement and all other documents contemplated hereunder may be executed using electronic
signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable
Document Format(PDF)or other readily available file format,or by copy transmitted via email,or by other electronic
means and in one or more counterparts, each of which shall be: (i)an original, and all of which taken together shall
constitute one and the same agreement,(ii)a valid and binding agreement and fully admissible under state and federal
law,and(iii)enforceable in accordance with its terms.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first
above written.
CITY OF PUEBLO,A MUNICIPAL CORPORATION FLAHERTY& HOOD, P.A.
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Naomi`Nedden,Director of Purchasing Bran on i zsimmons, Shareholder Attorney
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,rLity Clerk
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BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. X
FDocuSigned by:
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Laura Solano,Chief of Staff
APPROVED AS TO FORM:
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Dan 1Cogovse` ,City Attorney
Attachments: Schedule I: Scope of Services
Schedule 2: Fee Schedule
Schedule 3: Work Schedule
Consultant's project staff
Special Funding Contract Requirements
Additional Information for Agreement
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SCHEDULE
Scope of Services
Excerpt from Request for Proposal dated May 17,2022, Sections 2.3—2.4
2.3 Objective
The City of Pueblo is a full-service home-rule City that operates under the Mayor/Council form of government. The
City Council is made up of a seven(7)member board elected by the residents;four(4)council seats elected by district
and three(3)elected at-large.
The Mayor is responsible for supervision and control over all executive and administrative departments and appoints
the City's Directors, City Attorney,and Municipal Court Judge(subject to City Council confirmation). The Mayor
is also responsible for preparing the annual budget for submission to City Council with a total budget of$111.5 million.
The City has a total of 11 delartments:
Airport Finance Human Resources Planning Stormwater
City Attorney Fire Information Police Wastewater
Technology
City Clerk Fleet Mayor's Office Public Works
Civil Service Housing & Citizen Municipal Court Purchasing
Services
The City employs approximately 805 full-time employees; many of whom belong to police, fire, and/or general
service unions. The employees are assigned to a total of 235 classifications broken down as follows:
Description Classifications/Ranks Union Participation
Appointed 28 Classifications N/A
General Service 139 Classifications Pueblo Association of
Government Employees
Sworn Police 3 Ranks International Brotherhood of
Police Officers#537
Sworn Fire 6 Ranks International Association of
Firefighters#3
Management 60 Classifications N/A
The purpose of this project is to ensure appropriate compensation for all civilian employees,sworn employees,middle
management,and executive employees.The City's objectives are to:
• Attract and retain qualified employees
• Provide salaries commensurate with assigned duties
• Provide benefits commensurate with comparable government agencies
• Clearly outline promotional opportunities and provide recognizable compensation growth
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• Provide justifiable pay differential between individual classes
• Maintain a competitive position with other comparable government entities and private employers within
the same geographic areas
2.4 Scope of Service
The Consultant shall conduct comprehensive compensation surveys for all classifications listed above. The services
shall include,but not be limited to,the following:
2.4.1 The City will provide copies of all salary schedules and benefits summaries for calendar year 2022
including electronic links to the Collective Bargaining Agreements for all bargaining units/unions.
o The City will provide any other relevant materials available in-house as requested by
Consultant to complete the study and analysis.
2.4.2 Consultant shall provide the City's Human Resources Department with bi-monthly reports on the project
status including any issues,questions,etc.
2.4.3 Review and provide cost-effective recommendations including rationale to align City's compensation
structure for all positions in consideration of the City's current pay practices and policies, internal pay
relationships,and the external labor market.
2.4.4 Reevaluate and recommend changes (as applicable) to which agencies the City should compare to for
compensation purposes. Due to City code requirements,the compensation study must include data from
other local governments within the State of Colorado with equal to or larger citizen populations as
compared to Pueblo. However,the City is interested in recommendations regarding any modifications
to the list of comparison agencies and the rationale for any such recommendation.
2.4.5 Prepare and submit to the City's Human Resources Department a compensation survey final report that
analyzes salary and total compensation labor market data for all job classifications, to include the
following:
o Agencies surveyed
o Comparable class title
o Salary range minimum
o Salary range maximum/control point
o Number of observations
o Level of variability of the data
o Market value relative to 100th percentile and the 85th percentile
o Percent of City salary range above/below the market value percentages above
o Explanation and outline of methodology used
o Summary and assessment of City's data relative to the market data points
o Review of current pay structure relative to market data points and/or recommendation of
possible change
o Identification of key issues that may need to be addressed such as compression, range
overlap,any other modification
o Recommendations that include rationale for each key issue identified and a proposal for
implementation
o Review of City's total compensation including health benefits compared to market data
points and/or recommendations of possible change(s)
o A key explaining comparative data points used to analyze City salary and total
compensation with market salary and total compensation data
o Percentile placement amounts for all positions regarding salary and total compensation
relative to market position
2.4.6 Conduct a cost analysis and quantify fiscal impact of proposed implementations/recommendations for
adjustment of market valued job classifications that may be out of alignment.
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2.4.7 The Consultant shall provide HR a recommended strategy for implementing any changes suggested
based on findings within the context of City policies and procedures.
2.4.8 Prepare and deliver presentations regarding study process,findings,and recommendations to:
o Mayor and Human Resources Department
o After approved by Mayor and Human Resources,Consultant shall present to City Council
in person or possibly by Zoom if deemed appropriate by the City.
(Continue to next page.)
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SCHEDULE 2
Fee Schedule
Excerpt from Consultant's Proposal Submittal dated June 8,2022, Pages 13— 14
Updated by Client and Consultant on July 27,2022 to reflect revisions to payment arrangement
and Additional City-Wide Services for Study
FEE SCHEDULE
Base Services
The lump sum cost for Flaherty&Hood, P.A.'s Base Services for the City of Pueblo is: $70.000.
Flaherty & Hood, P.A. proposes to bill the City for 1/3 of the Base Services and for each
Additional Service up-front, 1 3 after 20 weeks or when the Market Benchmark and Survey are
completed,whichever occurs first,and 1/3 upon completion of the services.
Additional City-Wide Services for Study
Ser ice Total Cost
Position Classification Evaluation
• Review current process used to evaluate skill,effort,responsibility,working
conditions,and other relevant work-related criteria for each job
• General
o Using city's current job evaluation system or Flaherty & Hood's Job
Evaluation System:
• Define uniform compensable factors and subfactors $23,000
• Establish points for factors and subfactors
• Job specific
o Establish and draft spreadsheet that systematically and objectively
assigns points for each job using factors and subfactors
• Management reviews, comments, and makes any necessary changes on job
evaluation system and job specific points
Compile,review,and analyze organizational or market compensation data other than $750 per
wages and health insurance(11 Categories Have been identified): category
Specialty Pay
• Call Back $8,250
• On Call Total for this
Leaves additional
• Funeral/Bereavement service
• Holidays
• Paid Time Off(PTO)
• Personal Days
• Sick
• Vacation
Insurance
• Dental
• Life
Contract Language
• Work Schedule-Hours
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Hourly Rates and Expenses for Additional Services
if requested by Client pursuant to Section 2(e)of the Agreement
Fees and expenses incurred by Flaherty&HoodP.A.in providing these additional services to the
City of Pueblo will be billed as incurred on a monthly basis.
Items in addition to those above or other labor relations,employment law,and human resources
services are available to the City of Pueblo and will be billed at the hourly rates of$225 per hour for
attorney,$175 per hour for human resource analyst,and$95 per hour for data analyst and
administrative assistant,plus expenses.
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SCHEDULE 3
Work Schedule
Excerpt from Consultant's Proposal Submittal dated June 8,2022,Pages 1 I - 12
Proposed Schedule
Flaherty&Hood,P.A.'s Job Classification and Compensation Study services for the City of Pueblo will
include the following services:.
Base Services
Phase Services
Timeline
after Start
A. Introduction and Project Orientation 0-4
• Review the City of Pueblo's current classification and Weeks
compensation system,which includes:
o Classification and compensation-related policies
and plans and labor contracts
o Job descriptions
o Job evaluation system and ratings
o Organizational chart
o Compensation and structure
o Pay equity reports
• Draft communication to incumbent employees and
bargaining units explaining the Job Classification and
Compensation System Study,execution guides and
responses to FAQs for City of Pueblo's management
B. Market Benchmark and Survey 10-20
• Establish market entities and sources based on statistical Weeks
analysis and Market Selection Questionnaire submitted
to City of Pueblo
• Determine benchmark jobs to compare
• Compile,review and analyze market compensation data
for benchmarked job classifications,including:
o Wages: base pay,pay structure,and longevity pay
o Insurance:health
• Draft market comparison data spreadsheets and discuss
with City of Pueblo's management
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Tuneliue
Phase Services
after Start
C. Classification and Compensation System Structure 22-24
• Utilizing statistical analysis and Base Pay Development Weeks
Questionnaire submitted to and completed City of Pueblo,
analyze internal job evaluation points compared to external
market survey data to develop basis on which to update or
build pay structure
• Draft proposed modifications to pay structure and
schedule that include pay ranges based on job points
• Draft other proposed Total Rewards recognizing
longevity
• Draft analysis of Agency-wide cost and individual
employee wage impact of the proposed pay structure
D. Preparation of Final Documents and Updated 24-28
Compensation Policies and Plans Weeks
• Prepare a final report describing the study results and
implementation recommendations
• Present on findings and recommendations,including
written and/or oral reports to City of Pueblo governing
body and/or employee groups
• Draft
o Recommended revisions to policies
o Compensation plan to manage compensation
clearly,effectively,consistently, and efficiently,
including Total Rewards
o How-to and execution guides and usable
electronic spreadsheets for updating
compensation,including methodology for
determining the validity for requests for
reclassification and/or compensation changes
E. System Implementation 26-28
• Recommend the best possible approach to coordinating the Weeks
recommended pay plan with current wage plans, including
timelines for implementation,and communicating it with
employees
F. Training on System Maintenance and Updating 28-30
• Conduct training for the City of Pueblo's management on Weeks
maintaining and updating the pay structure by utilizing the
compensation plan and compensation how-to guides and
electronic spreadsheets
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Consultant's Project Staff
Excerpt from Consultant's Proposal Submittal dated June 8,2022, Pages 3-5
Rachel Parker is a Human Resources Analyst with the law firm of FLAHERTY&
HOOD,P.A.Rachel compiles,reviews,researches,and develops analysis in the areas
of job classification and compensation, labor relations, and employment matters for
public sector clients. Rachel has a Bachelor of Science in Speech, Language, and
Hearing Science from Minnesota Sate Moorhead University and her Masters of
Business Administration, Human Resource Management from Capella University.
She is a member of SHRM,Twin Cities Compensation Network,and World at Work
Compensation Institute.
Role in Pueblo Compensation Study and Analysis
Because Rachel dedicates her work to providing job classification and compensation services to the
firm's public sector clients, she will be readily available and accessible to Pueblo and make Pueblo's
needs a priority. Specifically, Rachel will communicate with Pueblo on the process, timeline,strategy,
analysis, and recommendations. She will also draft execution guides for each phase of the study, a
narrative report on the study, proposed updates to the city's compensation schedule, a recommended
implementation strategy,and policies,procedures,and other guidance on updating and maintaining the
City's compensation plan.
Work Experience
FLAHERTY&HOOD,P.A. St.Paul,Minnesota
Human Resources Analyst
Conducts job classification and compensation work, including job analyses, drafting job descriptions,
assigning job evaluation ratings, conducting salary surveys, and creating compensation structures.
Performs organizational studies addressing services,staffing,and reporting structures,market surveys,
and preparing analysis and recommendations.
THRIFTY WHITE PHARMACY Plymouth,Minnesota&Remote
Human Resources Benefits Specialist
Oversaw employees' benefit forms and Court order forms; processed termed employees benefits;
supported with audits relating to benefits; and performed E-Verify,COBRA,FMLA, and EEO.
ROOF TO DECK St.Paul,Minnesota
Human Resources Manager!Accounting
Processed payroll system information;assisted with annual benefit processing; onboarding of new
employees including new hire paperwork and orientation; maintain employee files and HR filing
system,working on productivity reports, general ledgers,entering receipts,and invoices.
Education
Capella University M.B.A.,Human Resource Management
Minnesota State Moorhead University B.S., Speech,Language,and Hearing Science
Professional Associations
Twin Cities Compensation Network
World at Work Compensation Institute Minnesota
Society for Human Resources Management
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Brandon\I.Fitzsimmons is a shareholder attorney with the law firm of FLAHERTY
&HOOD,P.A.Brandon provides legal advice and representation services for public
q' entities in labor relations, employment law, and human resources matters. Brandon
has his Bachelor of Arts in Political Science with Distinction, cum laude, from
Creighton University and his Doctor of Jurisprudence(J.D.) from William Mitchell
College of Law. Brandon is a member of the National and Minnesota Public
Employer Labor Relations Associations, SHRM, and MSBA—Labor and
Employment Law Section.
Role in Pueblo Compensation Study and Analysis
Brandon will provide guidance to Pueblo, oversight over the project, and strategy on compensation
modifications and implementation strategy.
Work Experience
FLAHERTY&HOOD,P.A. St. Paul,Minnesota
Shareholder and Associate and Senior Attorney
Responsibilities include providing consultation, legal representation, and administrative agency
representation for municipal clients before the District Court and state agencies,including the Minnesota
Bureau of Mediation Services and Office of Administrative Hearings.
HONORABLE RENEE L.WORKE Waseca,Minnesota
Judicial Clerk
Researched, consulted, and wrote orders and memorandums for Chief Judge and other Third Judicial
District judges in south central Minnesota. Ran conciliation court settlement conference hearings and
facilitated settlement agreements.
Education
William Mitchell College of Law St.Paul,Minnesota
Juris Doctor
Creighton University Omaha, Nebraska
B.A., Political Science with Distinction,cum laude
Bar Admissions
Minnesota
Honors and Awards
2013 and 2014 Super Lawyers-Rising Stars
Professional Associations
National and Minnesota Public Employer Labor Relations Associations
Society for Human Resources Management
Labor and Employment Law,Public Law and Administrative Law Sections of the Minnesota State Bar
Association
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°" Ethan Rundquist is a Data Analyst with the law firm of FLHERTY&HOOD,P.A.
" '� Ethan compiles, analyzes, and communicates data for job analysis, job evaluation,
.t market surveys, compensation,pay equity, and organizational structures. Ethan has a
Bachelor of Arts Degree in Finance And Management from The College of Saint
f, Scholastica. He is a member of Society for Human Resources Management. Twin
Cities Compensation Network, and World at Work Compensation Institute.
Role in Pueblo Compensation Study and Analysis
Ethan will draft demographic comparisons on the market entities, market surveys, the market analysis,
and details of the proposed modifications to compensation, including the base pay structure,
implementation for each employee, and costs.
Work Experience
FLAHERTY&HOOD,P.A. St. Paul,Minnesota
Data Analyst
Compiles, analyzes, and communicates data for job analysis, job evaluation, market surveys,
compensation, pay equity, and organizational structures.
FRANDSEN BANK AND TRUST Arden Hills, Minnesota
Records Management Specialist
Entered data and prepared documents, spreadsheets.reports and other materials; updated indexes and
file data for legal and official documents; set up, optimized and enforced consistent document
management policies; maintained files and retrieved information from computer and manual filing
systems; and filled out and stored transmittal logs for permanent records.
THE COLLEGE OF ST. SCHOLASTICA Duluth, Minnesota
REIF Economic Research Project
Collected information from business confidence surveys of businesses in the Duluth commtmity;
compiled data in Excel for REIF/regional economic forum;and presented via Powerpoint
presentation.
Education
The College of Saint Scholastica Duluth,Minnesota
Bachelor of Arts Degree in Finance and Management
Certifications
Google Data Analytics
Microsoft Excel Training
Professional Associations
Twin Cities Compensation Network
World at Work Compensation Institute Minnesota
Society for Human Resources Management
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SPECIAL FUNDING CONTRACT REQUIREMENTS FOR CITY OF PUEBLO
For use with FEMA,ARPA,SLFRF,and/or other state and federal grant funds and cooperative agreements
This Appendix D shall be added to all City bid projects with the potential utilization of federal or state fund projects
(including projects utilizing FEMA, ARPA, SLFRF, or grant funds). The following clauses mirror the Federal
Required Contract Provisions available at www.fema.gov/procurement-disaster-assistance-team. Questions about the
City's Purchasing Policy and the federal project requirements may be directed to bidinfo@pueblo.us.
Definitions:
Agreement: For the purposes of this bid and/or project, agreement shall indicate a contract between City and
Contractor.
Contractor: Awarded bidder, consultant, and/or engineer contracted or under agreement with the City for a
specified duration or for specific project work.
Contract: Any form of agreement,award,written contract, issued purchase order,purchase agreement,etc.as
issued by the City as a result of a formal or informal bid, cooperative agreement, or other award as determined
appropriate by the Purchasing Director and/or City Mayor and/or City Council.
Notice:
The project(s)and contracts utilizing funds from a federally established fund,disaster relief program, state program,
or other grant fund are subject to the sections contained herein and signature of the bid by the Contractor shall
constitute Contractor's agreement to all terms within this bid,agreement,and/or contract.
Failure to adhere to all federal,FEMA,state,grant,and City project requirements may mean suspension or department
by the City of Pueblo, the federal government, and other FEMA awarded projects (as per 2 CFR, Part 180,
Implementing Executive Orders 12549 and 12689).
It is the Contractor's responsibility to adhere to any federal fund project requirements that may be revised, added,
stipulated by the situation or federal fund advisor, etc. Additionally,Contractor must adhere to the terms of the grant
award as applicable for each project, including all federal laws, executive orders, federal regulations, state oversight
regulations,etc. Failure to adhere to these and all other project requirements may mean suspension or department(see
Section 9 below).
As indicated below each Section,some clauses determined nonapplicable for this project may be removed.
1. REMEDIES
Applicable to all contracts/agreements in excess of$250,000, 2 CFR, Part 200, Appendix/1(A)
This contract is not estimated to exceed$249,999 and this section has been removed.
2. TERMINATION FOR CAUSE AND CONVENIENCE
Applicable to all contracts/agreements in excess of$10,000; 2 CFR, Part 200, Appendix 11(13)
2.1 Termination for Cause. Contractor's failure to perform or observe any covenant,condition, provision,or
term of the contract shall constitute Contractor's default. In the event of Contractor's default, the City
shall have the right to exercise its legal and equitable remedies as listed in Section 1 above and may
immediately terminate the agreement upon written notice to Contractor.
2.2 Termination for Convenience. City shall have the option,in its sole discretion,to terminate the contract at
any time during the term for convenience and without cause. City shall exercise this option by giving
Contractor written notice of termination including date on which termination shall become effective.
2.3 Within 30 days after specified termination, Contractor shall submit to City a final invoice for actual
property shipped, received, and accepted and/or services (partial or in full) accepted as complete by the
City's authorized representative. All invoices shall be pro-rated for exact amount of product received or
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work submitted. City shall not pay any additional costs for loss of work or contract,administrative or work
costs after termination date, costs to subcontractors or subconsultants for loss of work, or any other
conditions. The City's payment obligation under this Section shall survive termination of the contract.
3. EQUAL EMPLOYMENT OPPORTUNITY
This section is required for all federal grant and cooperative agreement programs; 2 CFR, Part 200, Appendix 1/(C)
During the performance of this contract,the Contractor agrees as follows:
3.1 The Contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race,color,religion,sex,sexual orientation,gender identity,or national
origin. Such action shall include,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 Contractor agrees to post in conspicuous places,available to employees and applicants
for employment,notices to be provided setting forth the provisions of this nondiscrimination clause.
3.2 The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race,color,religion,sex,sexual orientation,gender identity,or national origin.
3.3 The Contractor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant.This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information,unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
3.4 The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers'representatives of the Contractor's commitments under this section and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
3.5 The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules,regulations,and relevant orders of the Secretary of Labor.
3.6 The Contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,regulations,and orders.
3.7 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders,this contract may be canceled, terminated, or suspended in
whole or in part and the Contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965,or by rule, regulation,or order of the Secretary of Labor,
or as otherwise provided by law.
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3.8 The Contractor will include the portion of the sentence immediately preceding paragraph (3.1) and the
provisions of paragraphs (3.1) through (3.8) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor
may request the United States to enter into such litigation to protect the interests of the United States.
4. DAVIS BACON ACT
Only applicable for construction contracts in excess of$2,000; include most current Davis Bacon Wages supplement;
2 CFR, Part 200, Appendix 11(D)
This contract is not for construction and the Davis Bacon Act section has been removed.
5. COPELAND ANTI-KICKBACK ACT
Only applicable for construction contracts in excess of$2,000; 29 CFR, Part 3
This contract is not for construction and the Copeland Anti-Kickback Act section has been removed.
6. COMPLIANCE WITH CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Applicable for projects in excess of$100,000 that involve employment of mechanics or laborers; 2 CFR, Part 200,
Appendix 11(E)
This contract is not estimated to exceed$99,999 and this section has been removed.
7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT/AGREEMENT
Applicable to contracts for performance of experimental, developmental, or research work; 2 CFR, Part 220,
Appendix 11(1')
This contract is not for use of experimental,developmental,or research and this section has been removed.
8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
Contracts in excess of$150,000; 2 CFR, Part 200, Appendix 11(G)
This contract is not estimated to exceed$149,999 and this section has been removed.
9. DEBARMENT AND SUSPENSION
Required for all federal, state,grant, and cooperative agreement programs; 2 CFR, Part 200, Appendix 11(11)
9.1 This contract is a covered transaction for purposes of 2 CFR, Part 180 and 2 CFR,Part 3000. As such the
Contractor is required to verify that none of the Contractor, its principals (defined at 2 CFR Section
180.995) or its affiliates (defined at 2 CFR Section 180.905) are excluded (defined at 2 CFR Section
180.940)or disqualified(defined at 2 CFR Section 180.935).
9.2 The Contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
9.3 This certification is a material representation of fact relied upon by City. If it is later determined that the
Contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000,subpart C, in addition to
remedies available to City, the federal government may pursue available remedies, including but not
limited to suspension and/or debarment.
9.4 The bidder agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000,
subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.
The Proposer further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
10. BYRD ANTI-LOBBYING AMENDMENT
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Award of$100,00 or more; 2 CFR, Part 200, Appendix 11(1)
This contract is not estimated to exceed$99,999 and this section has been removed.
11. PROCUREMENT OF RECOVERED MATERIALS
Required for all federal grant and cooperative agreement programs; 2 CFR, Part 200, Appendix 11(J)
11.1 In the performance of this contract/agreement, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items in accordance with 40 C.F.R. Part 247,
unless the product cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract performance schedule.
• Meeting contract performance requirements.
• At a reasonable price.
11.2 Information about this requirement, along with the list of EPA-designate items, is available at EPA's
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-
procurement-gu idel ine-cpg-program.
11.3 The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act,as amended by the Resource Conservation and Recovery Act.
12. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT
Required for all federal grant and cooperative agreement programs used to purchase telecommunications and video
surveillance services or equipment; 2 CFR, Part 200, Appendix 11(K)
This contract does not involve telecommunications and video surveillance services or equipment and this section has
been removed.
13. DOMESTIC PREFERENCES FOR PROCUREMENT
Required for all federal grant and cooperative agreement programs; 2 CFR, Part 200, Appendix 11(L)
To the extent consistent with law and in accordance with 2 C.F.R. §200.322,Contractor and all of its subcontractors
will to the greatest extent practicable under the Contract,provide a preference for the purchase,acquisition,or use of
goods,products,or materials produced in the United States(including but not limited to iron,aluminum,steel,cement,
and other manufactured products). This requirement must be included in all contracts and purchase orders that
Contractor may enter into.
14. ACCESS TO RECORDS
This section from Recommended Contract Provision No. 1; Required for all City federally funded projects
14.1 The Contractor agrees to provide the federal fund and/or grant provider,the City,the Comptroller General
of the United States,and/or any of their authorized representatives access to any books,documents,papers,
and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions.
14.2 The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
14.3 In compliance with the Disaster Recovery Act of 2018,the City and the Contractor acknowledge and agree
that no language in this contract is intended to prohibit audits or internal reviews by the federal fund and/or
grant provider or the Comptroller General of the United States.
15. CHANGES
This section from Recommended Contract Provision No. 2; Required for all City federally funded projects
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The cost of changes, modifications, change orders, or constructive changes must be allowable, allocable, within the
scope of its grant or cooperative agreement, and reasonable for the completion of the project scope.
Changes can be made by either party to alter the method,price,or schedule of the work without breaching the contract
as long as the City and Contractor agree to change in writing and change still meets any funding submittal and
expiration dates.
16. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO,AND FLAGS
This section from Recommended Contract Provision No. 3; Required for all City federally funded projects
The Contractor shall not use the Department of Homeland Security (DHS) seal(s), logos,crests, or reproductions of
flags or likenesses of DHS agency officials without specific federal fund and or grant administrator approval.
17. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This section from Recommended Contract Provision No. 4; Required for all City federally funded projects
This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the contract. The
Contractor will comply with all applicable federal law,regulations,executive orders,federal policies,procedures,and
directives.
18. NO OBLIGATION BY FEDERAL GOVERNMENT
This section from Recommended Contract Provision No. 5; Required for all City federally funded projects
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-
federal entity,Contractor,or any other party pertaining to any matter resulting from the contract.
19. FRAUD AND FALSE OR FRAUDULENT OR RELATED ACTS
This section from Recommended Contract Provision No. 6; Required for all City federally funded projects
The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims or Statements)
applies to the Contractor's actions pertaining to this contact.
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