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Home My WebLink AboutR-2012-015 Acceptance of Omni Employment Management Services Proposal RESOLUTION NO. R-2012-015 A RESOLUTION ACCEPTING THE PROPOSAL OF OMNI EMPLOYMENT MANAGEMENT SERVICES TO PROVIDE HUMAN RESOURCE SERVICES AND APPROVING EXECUTION OF A CONTRACT IN CONNECTION WITH THE PROVISION OF SUCH SERVICES IN AN AMOUNT NOT TO EXCEED 559,400 ANNUALLY WHEREAS, the City issued an invitation to submit proposals to contractors for human resource services, including personnel benefit administration; and WHEREAS, four written proposals were received from vendors to provide such services; and WHEREAS, the purchasing policy adopted by the City provides for award of a contract to the most qualified proposer with due consideration given to previous performance of the contractor as well as the quality of service for this particular use required; and WHEREAS, following an investigation of services and references, staff has recommended award of the bid to OMNI Employment Services; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to accept the proposal of OMNI Employment Services and authorize execution of a contract in to provide the services set forth in Exhibit A attached hereto for the sum of $100.00 per hour and an estimated total fee of $4,500 per month; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the proposal of OMNI Employment Services is hereby accepted and execution of an agreement to provide such services in substantially the same form as Exhibit "A" attached hereto, is hereby authorized and approved; and FURTHER THAT funds in an amount not to exceed $59,400 annually are hereby approved and authorized for payment under such contract; and FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby authorized to execute all documents necessary to carry out the terms and conditions of such agreement award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the?�day of February, 2012. �G��¢�a�'�G�� -�J Mayor Kathleen L. Rose ATTEST: APPROV TO FORM: �� .�� .�.�� Robin Littrell, City�Clerk an y on, City Attorney O M N I I EMPLOYMENT MANAGEMENT SERVICES, LLC January 31, 2012 Ms. Meredith Hauck Director, Community Relations City of Riverside 2950 NW Vivion Rd Riverside, MO 64150 Dear Ms. Hauck, Thank you for the opportunity to respond to your RFP. Below is an updated Service Agreement reflecting the changes you had outlined. These materials include an overview of the nature, scope, programs, and costs associated with our Human Resources programs and services. I'm confident our team of staff, resources, tools and programs will meet your needs, and far exceed those rypically available through an in-house human resources function. Please review the following proposal, and feel free to call with any questions. What we will do for you. Our purpose is to provide your organization professional support, advice, and counsel on all matters associated with your human resources function. Such support includes, but may not be limited to, those items noted on the attached Service Overview. What we cannot do for you. We cannot make management decisions related to your business operations on your behalf. We will make recommendations to those individuals within your arganization you designate as decision makers. We will provide service, counsel and direction on all matters noted in the Service Overview document to the best of our ability, and within the scope of our expertise. We are not a substitute for formal legal counsel, and make no representations to do so in our work with you. Duration We will begin providing services under this arrangement effective for a maximum period of two years. This agreement is on a month to month basis, and may be cancelled by either party at any time with thirty days written notice. Insurence OMNI will maintain at all times its own workers compensation coverage as well as general liability insurance up to $2,000,000 aggregate. Certificates of insurance are available upon request. Confidentiality OMNI will maintain in confidence during and subsequent to the expiration of this Agreement any information about City of Riverside which is confidential infortnation or which might reasonably be expeded by OMNI to be regarded by City of Riverside as confidential and will not use that information except for the benefit of City of Riverside. To the extent OMNI will have access to any information of City of Riverside employees covered by 7201 W. 110`� St., Suite 225, Overland Park, KS 66230 913.341.2119 tollfree866.341.2119 www.omniemployment.com the Health Insurance Portabiliry and Accountability Act ("HIPAA"), OMNI and City of Riverside will comply with the requirements of HIPAA in accessing and using such infortnation. Worker Eligibility OMNI acknowledges that §285.530 RSMo prohibits any employers from knowingly employing an unauthorized alien to pertorm work within the State of Missouri. OMNI covenants it is not in violation of §285.530 and that it will not knowingly employee, hire for employment, or continue to employ any unauthorized aliens to pertorm work an the project, and that its employees are lawfully eligible to work in the United States. Liabilities General & Mutual To the eutent allowed by law, both of us agree to release, defend, indemnify and hold each other harmless from any and all wrongful and negligent acts which each may respectively commit, or any failure or omission to act, in the performance of our respective duties during the tertn of this agreement. Ours We accept liabilities for the services we provide as being accurate, timely, and within generally accepted practices in human resources management, as well as cansistent with all applicable laws and regulations. We accept responsibility to pertorm those services noted on the attached Services Overview, and will research and/or recommend outside resources for support beyond our scope of expertise. We agree to hold you harmless from fines and related charges that you might incur should we fail to fulfill these duties and/or conduct ourselves in accordance with the applicable state and federal law. We do not assume responsibility for loss of profits, business gaodwill or other consequential, special or incidental damages arising directly or indirectly from our services. Yaurs You accept all liabilities for management decisions made by your organization. You agree to provide necessary information, records, and related information necessary for us to fulfill our obligations to you in a timely and accurate manner, and in accordance with all local, state and federal laws. To the extent allowed by law, You agree to defend and hold OMNI harmless from any claims made by employees resulting from any decisions, actions or condud of you, your other vendors, agents or customers. Such claims will include, but are not limited to, false or incorred information reported by you, charges of discrimination brought through any State or Local Department of Human Rights or the U.S. EEOC, ICE, claims brought before the Warkers' Compensation Bureau (or such similar department, commission or board in states other than Kansas), fees and lawsuits alleging failure to comply with applicable federal and state wage and hour laws, wrongful termination, discrimination, denial of due process, workplace safery (including, without limitation, U.S. OSHA citations), breach of contract or other labor-related causes of action resulting from employee discipline, termination or conduct. To the extent allowed by law, You agree to defend and indemnify OMNI from claims of discrimination, retaliation, sexual or other unlawful harassment by your employees brought under Federal, State, or local anti-discrimination laws. The duty to defend includes the duty to pay reasonable attomey's fees incurred by OMNI in defending such claims, and the duty to indemnify includes the duty to pay any award imposed by an administrative agency, or damages, judgment and/or settlement reached in a court action. To the extent allowed by law, You agree to indemnify and hold us harmless for any claims or 7201 W. 110` St., Suite 225, Overland Park, KS 66210 913.341.2119 toll free 866.341.2119 www.omniemployment.com issues that occurred prior to this agreement or after the termination of this agreement, as well as from any claims or liabilities associated with the actual operations of your business. Nothing contained herein shall be deemed a waiver of sovereign immunity by the City of Riverside. Costs Our initial fee for providing the services outlined in the attached Services Overview is $4500 per month, effective February 15, 2012. We will waive our typical set up fees. Included with this fee is access and availability to OMNI's library of products, tools, training materials, and all related resources. Any incremental consultative hours needed in excess of this proposal are available to your organization at $100 per hour. This fee is based upon a projected employee group of 100- 110, and an estimated 50 hours per month of consultative and administrative support. Reasonable travel time is included and accounted for in this proposal. Over time, this fee may vary more or less based upon average hours invested on a calendar quarter by quarter basis. This charge is also exclusive of all separate and direct charges incurred on your behalf, including travel, fees for employment background checking, recruitment postings, testing, drug screening, significant mailing or copy charges, and related expenses. We will invoice you twice each month for all OMNI and direct charges, and will obtain your approval before incurring any extraneous expenses or additional charges on your behalf. This fee shall not increase more than 10% without written approval by the City. We look forward to establishing a relationship with your organization, and to supporting your continued success. We can begin serving you and your organization with your acknowledgment and acceptance below. Sincerely, Michael Tracy Managing Principal I accept this agreement as noted above. 7 K�t,�erx, � � o�e� -7-/� Name/ Title Signature Date 7201 W. 110` St., Suite 225, Overland Park, KS 66210 913341.2119 tollfree866.341.2119 www.omniemployment.com Services Overview City of Riverside, Missouri SCOPE The scope of services offered under this agreement is intended to provide comprehensive consultative support, management, implementation, and/or oversight for all areas typically associated within the human resources function. The depth and breadth of OMNI staff and resources allows us to offer a comprehensive, team approach to the management of our clienYs needs. Support is provided both remotely and on-site, as budgeted and requested. Level l- Strategic and Organizational Development We will support the organization's Board, CEO, and senior leadership team on matters regarding organizational effectiveness and success, including, but not limited to: • Organizational design and development • Leadership assessment, development, succession planning . Human resources/ staff planning 8 development • Pertormance management systems and processes • Compensation planning, systems, and processes . Leadership coaching and counsel • Culture surveys and assessment Level ll — HR Practices, Systems, Processes, 8 Compliance We will support the organization with ongoing management and/or oversight of company-wide human resources systems, processes, and practices, including, but not limited to: • Coach and counsel to all managers and supervisors • Employee relations, problem resolution, and employee concerns hotline • Mediation support • Compliance — local, state, and federal laws and regulations in employment • Policy development and management o Employment Policies/ Manual — updates and/or revisions as needed o Sexual harassment policies and training o EEO/ADA/ FLSA compliance o Legal compliance/postings • Employee benefits — strategies, management, support, compliance • Position descriptions, pertormance appraisals, pertormance management • Company-wide recruitment systems & processes • Management of claims for state unemployment Level lll — Transactional Processes and Employee Services We will manage all transactional processes as follows: • Employee benefits administration and compliance, including enrollment, changes, broker relations, open enrollment, benefits management and strategy We will provide oversight, coach, and counsel to in-house staff member(s) responsible for all transactional activities associated with Level III fundions, including, but not limited to: • Payroll and related processing, administration, timekeeping, record retention • Records management and reporting • FMLA and r e l ated l o f abse app r o vals and tracking OMNII anws.w«r�..ee.a�suc 4 of 5 svragrmfASO-Riverside0112✓1.doc Services Overview City of Riverside, Missouri • Work injuries and reporting . New hire processing and orientation In addition, our scope of services includes access to the following OMNI products and tools: Web-accessed Resources and Communication We will provide and, as appropriate, maintain a branded web portal with access to all your company's latest policies, handbook, benefits information, forms etc. Trainina and Develoament Proarams OMNI has developed over 25 different staff and management development training courses, available to all associates through web-based or on-site training. Survev Instrumenfs& Assessments OMNI has also developed an extensive library of employee culture surveys, 360degree assessments, and related, survey driven tools available for use at any time. Additionai, discounted services are available for larger scale, non-recurring initiatives outside this scope of services and which may require additional OMNI resources or staff. Examples include: • Executive search and recruitment • EEOC investigations, substantive employee relations investigations, and position statement preparation • OFCCP Affirmative Action plan development • Support for mergers, acquisition, due diligence, and related matters Additional RFP Responses Availability We will schedule visits to all company locations on a regular basis, as well as on an as-needed basis. We recognize that many of our clients function autside normal business hours, and as a result ensure that either the assigned OMNI consultant and/or designated OMNI management is available and accessible during non-business hours. Section 285.530 RSMo. OMNI complies with all worker eligibility requirements. OMNI is also an e-verify agent for those clients who may be required, or request, to participate in the federal e-verify program. References Please find OMNI client references attached. All references reflect prior or current clients utilizing some version of OMNI's Total HRSolutions (outsourcing) support. OMNII �.�.�..�m��^«%� 5 of 5 svragrmWS0.Riverside0112v2.doc AFFIDAVIT (as required by Sedion 285.530, Revised Statutes of Missouri) As used in this Affidavit, the following terms shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. KNOWINGLY: A person acts knowingly or with knowledge, (a) with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3). State of I� I ��55<�c�2-� ) County of �lA-{�,i- ) ss: BEFORE ME, the undersigned authority, personally appeared /�l��YlaE � �� u , who, being duly sworn, states on his/her oath or affirmation as follows: �- 1. M name is -�t �. and I am currently the President of � � � (herein fter "Contractor"), whose business address is�2c? f W i �� Z2� [? D 1LS [�1�2 1 D, and I am authorized to make this Affidavit. 2. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the _.._ facts stated herein. 1. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside: Human Resource Services Anreement 4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. -, 5. Attached hereto is documentation affirmin� Contractor's enrollment and participation in a federal work authorization program with respect to the e ployees working in connection with the contracted services. Further, Affiant saith not. Signature o Affi �� ROBIN L. UTTlIELL Printed Nam � L �- Notary PuDlie-Nohry S��I Subsr3ciberliaadi�rpiauMy befor me th�� day of /?�tv ,2012. Commisalon * 11390631 � My Commisslon Expiros Mar 8, 2015 /,� .� �<Y�� '��lo I Notary Public My Commission Expires: m�,ec�{ K.�p�s 'PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Veriry Memorandum of Understanding: 1. A valid, completed copy of the first page identifying the Contrador, and 2. A valid copy of the signature page completed and signed by the Contradar, and the Department of Homeland Security - Verification Division. ......�..�.. i��_=�,�r.� ^ _ , , _ J ib; �"1'�V ylFiC"M"yp"'Y+""Y ' . .,�. "'`