RFCSP_Classification_and_Compensation_Consulting_Services.pdf

City of Murfreesboro

Request for Competitive Sealed Proposals

(RFCSP-32-2021)

for

Classification & Compensation Consulting Services

ISSUE DATE: JULY 8, 2021

RESPONSE DUE DATE: AUGUST 5, 2021

1. Introduction

The City of Murfreesboro, Tennessee is issuing a Request for Competitive Sealed Proposals (RFCSP) from qualified vendors for Classification and Compensation Consulting Services as more fully described in Sections 4 and 5.

2. Competitive Sealed Proposal Process and Schedule

The Competitive Sealed Proposal method is appropriate when qualifications and experience are of particular importance and price is one of several factors used to determine the best service provider. This method requires each participant to submit a proposal based on certain specified elements with knowledge of the factors used to evaluate the proposal and their relative weight. After the sealed proposals have been submitted and reviewed, the City may obtain additional information or clarifications, including additional “last and best” final offers from participants, prior to making its final selection, provided that information from one proposer is not disclosed to another. The City will select a dependable and responsive proposer whose proposal is determined to be the most advantageous to the City taking into consideration all of the evaluation factors.

2.1 Schedule

The City intends to adhere to the following schedule for the selection process; dates may be adjusted by the City as needed.

No proposals will be accepted after August 5, 2021 at 2:00 P.M. CST.

Activity Target

Date

RFCSP Issued Jul 8, 2021

Submittal of written questions July 19, 2021

Answers to questions July 23, 2021

Proposals submitted August 5, 2021

Finalists notified August 17, 2021

Finalist Presentations August 30, 2021

Selection September 6, 2021

Negotiation of contract September 7, 2021

City Council action September 9, 2021

2.2 Evaluation Criteria

Each proposal will be evaluated based on the criteria listed in Section 8.

2.3 Finalist Selection

The City intends to select two or more Proposers from the RFCSP responses to further evaluate as finalists through on-site presentations. Finalists will then be allowed to submit revisions to their proposal to make a last and best final offer. Additional investigation may be performed to assist in selecting the finalist.

The finalist will be selected based on all evaluation criteria so that the City obtains the best consultant for an appropriate fee.

3. Contact Information

The City is accepting only electronic bid submissions. Bidders must create a free account with ProcureNow by signing up at https://secure.procurenow.com/signup.

Any inquiries, questions, or requests for explanation in regard to the City requirements must be received no later than July 19, 2021 by 2:00 p.m. CST via ProcureNow. No oral interpretation or clarifications will be given as to the meaning of any part of the Request for Competitive Sealed Proposal documents. Prospective proposers desiring further information or interpretations must make requests in writing through the Question/Answer Tab via the City's e-Procurement portal, ProcureNow, on or before July 19, 2021 by 2:00 p.m. CST. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders on record as following this solicitation on the City's e-procurement portal. Answers to all inquiries or requests involving substantive matters will be provided in addendum form. Any addenda shall be posted on ProcureNow. Addenda notifications will be emailed to all persons on record as following this RFCSP. Failure of any proposer to receive any such addenda or interpretation shall not relieve such proposer from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents.

4. Background

Murfreesboro is a municipality that currently employs approximately 1,130 full-time and 373 part-time employees. The City departments include: Police, Fire, Water Resources, Solid Waste, Street, Parks and Recreation, Engineering, Planning, Purchasing, Building and Codes, Transportation, Community Development, Airport, Judicial, Golf, Senior Citizens, Fleet Services, Communications, Legal, Human Resources, Information Technology, Finance, and Administration. The City’s compensation plan consists of the following elements:

a. Non-exempt

Every position has a salary range based on a six-level Step Program.

Employees progress annually through the Step Program, advancing based on Council approved budget increases. After Step six, employees move into an open salary range established for their classification.

b. Exempt

Positions are in an open salary range with the mid-point generally set at 50% of market. Employees progress annually through the range based on Council approved budget increases.

c. Public Safety

Public safety employees have a salary range based on 14 steps.

Employees advance annually based on Council approved budget increases.

The current plan coupled with the City’s classification and compensation policy do not sufficiently address equity and job market changes.

5. Services Requested/Specifications

The City seeks proposals from consultants experienced in compensation structure, analysis, and comparison to assist in evaluating and reviewing compensation based on current market values. Scope of service will include expert information, advice, and evaluative services for classification and compensation of employees.

a. Conduct a compensation survey, identifying comparable organizations and competitive labor markets for selected position classifications.

Evaluate pay structure relative to current labor market conditions to assure the City remains competitive for hiring at various grade levels of employment, including compensation analysis and reporting based on similarly situated employees, similar skills, qualifications, responsibilities, and pay, using job family groupings and EEO job categories that comport with EEOC guidelines for government employers.

b. Recommend compensation levels, range spread, and range placement for positions based on market survey and internal analysis.

c. Meet with staff to review and discuss assessment and project goals, processes, schedule, and other administrative details.

d. Prepare and present an analysis outlining the findings of the survey.

6. City Terms and Conditions

It is important for each Proposer to become familiar with each paragraph within this section, as these paragraphs will control the interpretation of any ambiguities in the event of any discrepancies or differences in project-related contractual documents.

The Proposer must clearly and specifically detail any exceptions it takes to the Terms and Conditions referenced in this section in the transmittal letter that will accompany its RFCSP response.

6.1 Standards

Proposer must affirm that under its employment policies, standards and practices, it does not subscribe to any personnel policy that permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age, religion, sex, or sexual orientation and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, religion, sexual orientation, or disability in its hiring and employment practices, or in admission to, access to, or operation of, its programs, services, and activities. With regard to all aspects of this contract, Proposer will be required to certify and warrant that it will comply with this policy.

Proposer understands that it shall be a breach of City’s ethical standards policies for any person to: offer, give, or agree to give to any City employee or former employee, or for any City employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any work, decision, approval, evaluation or recommendation, investigation, or in any other advisory capacity in any proceeding pertaining to this RFCSP or any contract or subcontract resulting therefrom.

A breach of these ethical standards may result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor for any City contract.

6.2 Federal Contractor Status

The City is a federal government contractor, and by contracting with the City, the party whose proposal is selected (“Contractor”) will be a federal government subcontractor.

Therefore, in accordance with federal law, each proposer agrees, should it be awarded a contract pursuant to this solicitation, to abide with the following federal regulations:

1. The City and Contractor shall abide by the requirements of 41 CFR 60-1.4(a).

This regulation prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires federal government contractors and subcontractors to 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.

2. The City and Contractor shall abide by the requirements of 41 CFR 60-300.5(a).

This regulation prohibits discrimination against qualified protected veterans and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.

3. The City and Contractor shall abide by the requirements of 41 CFR 60-741.5(a).

This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.

6.3 Warranties

Proposer warrants it will perform the services in a professional manner according to the standards established in the industry for the type of work to be performed.

6.4 Indemnification

1. The Proposer shall indemnify the City and hold it harmless against all claims, liability, demands, liens, taxes, loss or damages of any character suffered by the City arising from any operations, acts or omissions of Proposer related to the work.

Proposer’s indemnification shall also encompass any and all financial damages to City resulting from the activities and responsibilities of the Proposer, Proposer’s employees, and any subcontractors or joint-venturers.

2. Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Proposer from any claims arising from any failure, regardless of any language in any attachment or other document that Proposer may provide.

6.5 Terms for Payment

Payment for services delivered will be thirty (30) days from the date of the invoice.

6.6 Assignment

The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of any contract award or any or all if its rights, title or interest therein, without prior written consent of the City. Such consent by the City shall not relieve the assignor of liability in the event of default by the assignee.

6.7 Insurance

The successful Proposer shall maintain at least the following commercial insurance policies for the duration of the contract in the amounts specified:

▪ Workers’ compensation and employer’s liability insurance – Workers’ compensation in compliance with the applicable state and federal laws;

employer’s liability with a limit of $1,000,000 per occurrence.

▪ Comprehensive general liability insurance – insurance including blanket contractual, broad form property damage, completed operations, and independent contractor’s liability, all applicable to personal injury, bodily injury, and property damage to a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

▪ Comprehensive automobile liability insurance – Must include owned, hired, and non-owned automobiles, for bodily injury and property damage to a combined single limit of $1,000,000 each occurrence.

▪ Professional liability (errors and omissions) insurance affording professional liability insurance – To a limit of $1,000,000 each claim, and $1,000,000 aggregate.

▪ Technology Errors and Omissions insurance - to include data breach and loss of personally identifiable information – To a limit of $1,000,000 each claim, and $2,000,000 aggregate.

The selected Proposer must provide City with the required insurance certificates and endorsements and name the City as an additional insured on the liability coverages prior to contract execution.

6.8 Scope of Insurance and Special Hazards

The insurance required under the preceding paragraphs shall provide adequate protection for the successful Proposer and any sub-contractors or joint-venturers against damage claims that may arise from operations under the contract, whether such operations are by the insured or by anyone directly or indirectly employed by the successful Proposer.

6.9 Governing Law and Venue

The contract will be governed by the laws of the State of Tennessee. Venue for any action shall be in the applicable court for Rutherford County, Tennessee.

6.10 Compliance with Laws

The Proposer’s contract shall comply with applicable Federal, State, and Local statutes, rules, and regulations. Proposers shall be approved by the appropriate regulatory authorities, if any, in the State of Tennessee to provide the services herein described.

7. Guidelines for Competitive Sealed Proposals Process

7.1 Basis for Proposals

Only information supplied by the City in writing should be used in the preparation of a proposal. Oral interpretations or clarifications shall not be binding. Addenda notifications will be emailed to all persons on record as following this RFCSP. Proposers must acknowledge any subsequently issued addenda via ProcureNow.

7.2 Proposer Terms and Conditions

The Proposer must submit a complete set of any additional terms and conditions that it proposes to have included in contract negotiations with the City with its proposal. City will not accept any contract term limiting Proposer’s liability to the amount of the contract.

Additionally, the Proposer must submit any and all documents/agreements it will require City to sign with its proposal.

7.3 Disclosure of Proposals

As a matter of state law, each Proposer’s RFCSP response in its entirety will become a public record after completion of the selection process. The content of any proposal will not be disclosed to other Proposers during the selection process.

7.4 Late Proposals

Proposals must be received via the procurement portal, ProcureNow, on or before the published proposal due date and time. Any proposal received after the time and date set for receipt of proposals will be late and, at the discretion of City, may not be considered.

7.5 Signing of Proposals

The submission and signature of a proposal shall indicate the intention of the Proposer to adhere to the provisions described in this RFCSP and therefore must be signed by a representative with the authority to do so.

7.6 Cost of Proposal

This RFCSP does not commit the City to pay any costs incurred by any Proposer in preparation and/or submission of a proposal or for procuring or contracting for the items to be furnished under the RFCSP. All costs directly or indirectly related to responding to this RFCSP (including all costs incurred in supplementary documentation or on-site interviews) until contract execution will be borne by the Proposer.

7.7 Conflict of Interest, Non-Collusion and Anti-Lobbying

The Proposer promises that its officers, employees or agents will not attempt to lobby or influence a vote or recommendation related to the firm’s proposal, directly or indirectly, through any contact with City Council members or City employees between the release of this RFCSP and award of the contract by City and that there will be no collusion and no conflict of interest.

7.8 Ownership of Proposals

All documents submitted in response to this RFCSP shall become the property of City.

7.9 Disqualification or Rejection of Proposals

Proposers may be disqualified for any of the following reasons:

• There is reason to believe that collusion exists between or among two or more Proposers;

• The Proposer is in arrears on an existing City contract or has defaulted on a previous City contract;

• The Proposer lacks financial stability;

• The Proposer has failed to perform under a previous or current City contract;

• The Proposer has failed to adhere to one or more of the provisions established in this RFCSP;

• The Proposer has failed to submit its proposal in the format specified herein;

• The Proposer has failed to submit its proposal on or before the deadline established herein; or

• The Proposer has failed to adhere to generally accepted ethical and professional principles during the proposal process.

7.10 Right to Waive Irregularities

Proposals shall be considered irregular if they show any omissions, alterations of form, additions, conditions not called for, or irregularities of any kind.

The City reserves the right to waive irregularities. The City also reserves the right to waive any mandatory requirement, provided that all proposals failed to meet the same mandatory requirement and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of City.

7.11 Withdrawal of Proposals

Proposals may be withdrawn through the City’s e-Procurement Portal, ProcureNow. The responding firm may “unsubmitt” their proposal in ProcureNow. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time prior to the deadline for submitting proposals if received by the City prior to the exact hour and date specified for receipt of proposals.

7.12 Amendment of Proposals

A Proposer must submit any amended proposal before the deadline for receipt of proposals. Such amended proposal must be a complete replacement of a previously submitted response and must be clearly identified as such in the transmittal letter. City will not merge, collate, or assemble proposal materials.

7.13 Proposal as Firm Offer

Responses to this RFCSP, including cost, will be considered firm for ninety (90) days after the due date for receipt of response or receipt of the last and best final offer submitted. All proposals must include a statement to that effect.

7.14 Exceptions to RFCSP Specifications

Although the specifications stated in the RFCSP represent City’s anticipated needs, there may be instances where it is in City’s interest to permit exceptions to specifications and accept alternatives.

It is extremely important that the Proposer make very clear where exceptions are taken to the specifications and how the Proposer will provide alternatives. Therefore, exceptions, conditions, or qualifications to the provisions of City’s specifications must be clearly identified as such together with reasons for taking exception, and inserted into the proposal response. If the Proposer does not make clear that an exception is being taken, City will assume the proposal response is responding to and will meet the specification as written.

Where the Proposer does not agree with City’s terms and conditions, the proposal must enumerate the specific clauses that the Proposer wishes to amend or delete and suggest alternative wording. Any minimum terms that City will have to agree to in order to enter into a contract with the Proposer and any item the Proposer considers to be a mandatory term must be submitted with the RFCSP response.

7.15 Consideration of Proposals

Discussions may be conducted with responsible Proposers for the purpose of clarification to assure full understanding of the proposal. In conducting discussions, there will be no disclosure of any information derived from proposals submitted by competing Proposers.

Until the City awards the contract, it reserves the right to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered in the best interest of City.

7.16 Termination

The City reserves the right to cancel this RFCSP at any time. The City also reserves the right to reject any or all proposals submitted in response to this RFCSP.

7.17 Taxes

Proposer will be responsible for the payment of any applicable tax on the services it will provide. At the time of this RFCSP neither the State of Tennessee nor the City impose a sales tax on consultant services of this type. Proposers will include in its fee proposal all applicable local, City, state, and federal taxes.

7.18 Award of Contract

The City reserves the right to withhold final action on the RFCSP for a reasonable time, not to exceed ninety (90) days after the date of submitting proposals, and in no event will an award be made until further investigations have been made as to the responsibility of the proposed Proposer. The award of the contract, if an award is made, will be to the most responsible and responsive Proposer whose proposal meets the requirements and criteria set forth in the Request for Competitive Sealed Proposal and whose contract terms are acceptable to City. City reserves the right to abandon, without obligation to the Proposer, any part of the project, or the entire project, at any time before the successful Proposer begins any work authorized by City.

The award of the contract shall not become effective until the contract has been approved by City Council and executed by the successful Proposer and City.

7.19 Appeal Process

Each Proposer shall be notified of the Proposer selected for recommendation to the City Council before the proposed City Council action. A protest by an aggrieved Proposer who is not selected will be heard by the City Council if filed with the City Council, through the City Recorder, within seven (7) days after the intended award is announced. Any issue raised by the protesting party after the seven day period shall not be considered as part of the protest. The City Council may stay an award due to a pending protest without financial or other obligation to the Proposer recommended to the Council. The City Council may, by resolution, adopt rules and procedures applicable to protests.

7.20 Execution of Contract

The City shall authorize award of the contract to the successful Proposer. City will require the successful Proposer to sign the necessary documents entering into the required contract with City within 10 days of receipt and to provide the necessary evidence of insurance as required under the contract.

No contract for this project may be signed by City without the authorization of the City Council. No contract shall be binding on City until it has been approved and executed by the Mayor or designee and approved as to form by the City Attorney.

8. Criteria for Evaluation of Proposals

Criteria Description Weight

Experience Demonstrated ability to successfully perform salary market surveys for similarly sized employee organizations.

15%

Public Sector, particularly municipal, experience.

Tennessee experience (public or private).

5%

Demonstrated ability in coordinating total compensation strategies with the classification and compensation study.

5%

Team Relevant experience of the Project Manager and all other key personnel.

10%

Methodologies Proposal reflects utilization of City’s current goals, objectives and strategies as reflected in the current compensation plan.

35%

Plan of Work Tentative outline of work and timeline for delivery of the study or how such a plan would be developed.

City’s responsibilities defined.

10%

Fee Amount of and rationale for all-inclusive fee and any alternative proposals.

20%

9. RFCSP Requirements and Format

Please use the following format to structure your RFCSP response. Your response should include each section detailed below in the order presented. The detail includes items that are to be covered in each section of your response but is not a limitation. Failure to follow the directions or to address all items will impact the evaluation. Failure to address a significant portion of the items may classify the response as non-responsive and preclude it from further consideration. The number of pages in the RFCSP response cannot exceed 50 pages. Appendices will not be counted as part of the 50 page limit. Resumes and marketing material may be included and will not be counted towards the 50-page limit;

however, this information must be in its own section at the end of the RFCSP response.

9.1 Cover with Table of Contents

9.2 Transmittal Letter

The transmittal letter will indicate the intention of the Proposer to adhere to the provisions described in the RFCSP without modification. The letter of transmittal should:

a. Identify the submitting organization.

b. Identify the person, by name and title, authorized to obligate the organization contractually. Provide the email address for that person.

c. Identify the contact person responsible for this response and specify phone, fax, and email address.

d. Explicitly state that Proposer has reviewed and accepted the City’s Terms and Conditions.

e. State that it has included any additional terms or conditions or documents which it requires.

f. Identify any and all exceptions or "deal breakers" to the RFCSP requirements.

g. Acknowledge the proposal is considered firm ninety (90) days after the due date for receipt of proposals or receipt of the last best and final offer submitted. If partners are used, they must also guarantee their section of the proposal for 90 days.

h. Acknowledge completion of the Fee Proposal.

i. Be signed by a person authorized to contractually obligate the organization.

9.3 Proposal

a. Proposer Profile: Please provide a description of the organization and any other firms who will be providing products or services through a joint venture or subcontracting arrangement with the Proposer.

b. Provide a description of how the Proposer envisions performing the work necessary to achieve the needed goals in a timely and economically efficient way. This work plan should specifically include the valuation method to be used and the rationale for its selection, how total compensation/total rewards can be addressed, methods of employee engagement to be considered for utilization, and the City’s interest in performance management as a basis for compensation. The work plan can address classification and compensation components of the study separately. The City recognizes that the entities and personnel performing each area of work may be different.

c. References: Please provide references for at least five (5) governmental organizations in the United States of similar size and type to City for whom Proposer has provided similar services. If Proposer provides on-going maintenance consulting services for any referenced client, please identify and describe that in full. Also identify any classification and compensation consulting experience in the State of Tennessee.

d. Experience and Qualifications: Please describe your organization’s experience and qualifications not otherwise described in the References section.

e. Project Manager: Identify and provide information about the person anticipated to be primarily responsible for ensuring satisfactory and timely performance of the work by the selected Proposer. A resume may be included as an appendix to the Proposal. If there is more than one potential project manager, each should be identified and described.

f. Key Personnel: Identify and provide a brief description of individuals other than the Project Manager expected to perform significant and substantive work under the contract. Describe their different roles and responsibilities.

A resume for each may be attached as an appendix to the Proposal.

g. Compilation of Data and Analysis: Successful performance of the work will require obtaining and analyzing data, particularly as regards to market-based compensation. Describe the methods expected to be used to obtain and analyze data in the performance of required functions.

h. Scheduling: Provide a tentative strategy and timeline for delivery of the services sought or a description of how such strategies and timeline would be developed if the Proposer is selected.

i. City’s responsibilities: Identify and briefly describe the role and responsibilities Proposer would expect City to perform in achieving delivery of the requested services.

j. Litigation: Identify and briefly describe any pending criminal or civil suits brought against the Proposer, and any suits which have resulted in an adverse judgment or settlement within the past five (5) years, arising out of Proposer’s provision of classification or compensation consulting services and/or allegations of federal or state regulatory violations in provision of services similar to those requested. Please also identify and describe any litigation of which you are aware which has resulted from a client’s implementation of classification and/or compensation policies or practices which you recommended.

10. Fee Proposal

The City is interested in receiving a fee proposal which reflects the existing expertise of the Proposer and its ability to deliver the requested consulting services using efficient, proven methods at a reasonable cost. The submittal of an all-inclusive flat fee with the initial proposal is strongly desired but is not absolutely required. Alternative fee proposals may be submitted with the initial proposal. Any fee proposals should indicate the rationale for the proposal.

11. Submittal

All Proposals should be submitted via the City’s e-procurement portal, ProcureNow.

All Proposals must be submitted by 2:00 p.m. CST on August 5, 2021.