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HomeMy WebLinkAbout70-89 RESOLUTION70-89 RESOLUTION NO. A RESOLUTION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH THE HOLIDAY INN CONVENTION CENTER OF SPRINGDALE, ARKANSAS FOR DIRECT -DIAL TELEPHONE SPACE AT THE FAYETTEVILLE AIRPORT TERMINAL BUILDING._. • f BE IT RESOLVED' BY THE BOARD, OF DIRECTORS OF THE'CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That'the Board•of Directors hereby authorizes the Mayor and City Clerk}to execute•a one (1) -year lease agreement with the Holiday Inn Convention Center of Springdale, Arkansas for direct -dial telephone space No. 5 at the Fayetteville Airport Terminal Building. ,`f — - Section 2. The term of said lease shall be from September 1, 1989 through August 31, 1990, at the rate of $20.00 per month. A copy of the lease agreement authorized for execution hereby is attached marked "Exhibit A" and made a part hereof. PASSED AND APPROVED this 15th day of August , 1989. ATTEST By: / l,j(elierk Est z. / Y :rte-� / .C' ell C'�£.-=- s„reproWE z APPROVED • BY: (?.../i erAe 7 .2 Mayor / 2.321 MICROFILMED LEASE AGREEMENT This LEASE AGREEMENT executed this 6th day of July 19 198By and between the City of Fayetteville, Arkansas, hereinafter called "lessor", and new Holiday Inn Convention Center hereinafter called "Lessee". WHEREAS, Lessor has available for lease at the Fayetteville Airport Terminal Building space for a direct ai.port-hotel/motel telephone: WHEREAS, Lessee desires to lease said space from Lessor. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties hereby agree as follows: 1. Lessor hereby leases to Lessee, and Lessee hereby leases frau Lessor, that certain air-hotel/motel direct phone service at the Fayetteville Airport Terminal Building depicted on Exhibit "An attached hereto and made a parthereof. Said space consists of one section identified as direct phone space number 5 2. Lessee agrees that its direct phone accompanying advertisement will measure x.4" 3. Term. The initial term of this agreement shall be for a period of one year commencing on the ' ..2) day of f , 19 89r and ending on the " - day of , 1990 at 12:00 p.m. This agreement may be extended for up to 5 additional one year teens in accordance with the following procedure: At least 60 days prior to the scheduled termination date, Lessor shall give Lessee written notice of the monthly rent payable in the extended term; at least 30 days prior to the termination date, Lessee shall give Lessor written notice if Lessee exercises this option to extend. 4. Removal of direct phone and accompanying advertisement: Upon termination or cancellation of this agreement, Lessee shall imne diatelyt.remove_the direct 4. phone and accompanying -advertisement, in a workmanlike manner. In the event Lessee fails to remove its direct phone and advertisement within five (5) days from the termination or cancellation date, said direct phone and advertisement shall be -2 - deemed abandoned and shall become the property of Lessor and Lessor shall have the right to remove and dispose of said material. 5. Maintenance: The City shall maintain and clean the direct phone carrousel. The City shall have .the right, at its discretion, to perform necessary maintenance of any repairs to the direct phone and accompanying advertisement in order to maintain a high standard of appearance; the cost of such maintenance of repairs shall be paid by Lessee within fifteen (15) days from receipt of a statement therefore from Lessor. 6. The direct phone and accompanying advertisement shall not be placed on the direct phone carrousel leased hereby to Lessee without the prior approval of Lessor's Airport Committee. Lessee agrees that Lessor's Airport Committee may disapprove any proposed phone style and/or advertising material which Lessor's Airport Committee determines would be detrimental to the operation of the Airport. In the event the Airport Committee disapproves a proposed phone style and/or adver- tisement, the Airport Manager shall state in writing to Lessee the reasons the proposed phone style and/or advertisement would be detrimental to the operation of the Airport. The Airport Committee and the Fayette- ville Board of Directors shall have the right to refuse to approve any proposed phone style and/or advertisement, which is found to violate any federal, state, or local law or which is found to infringe upon any copyright or trademark. 7. The City shall provide random surveillance during normal Airport operation hours in order to protect Lessee's direct phone carrousel space against damage from vandalism or trespass, but Lessor shall not be liable to Lessee for any such damage. Lessor shall imme- diately report to Lessee the discovery of any damage to Lessee's carrousel space. 8. In the event Lessee, through no fault of its own, is deprived from using the direct phone carrousel leased hereby, or if the public is denied normal access to the Airport Terminal Building during regular working hours, the consideration payable Lessor by Lessee under this 2.33 -3 - lease shall be adjusted downward on a pro -rata basis for the period of such deprivation or denial. Should such deprivation or denial continue for ninety (90) calendar days Lessee may terminate this lease as of the original date of such deprivation or denial by giving Lessor written notice of termination. 9. .Consideration: As consideration for use of the demised premises, Lessee agrees to pay Lessor for the term of this lease the sum of $ 80.00 per month/or $ 20.00 per month if Lessee leases an advertising space in the terminal building (whichever is applicable) payable in advance on or before the first day of each month. If any monthly payment due Lessor is not received by the 10th day of the month Lessee shall pay a. late charge equivalent to ten (10) percent of the monthly installment due. If the monthly installment plus late charge are not received by the 30th day of the month, this lease shall automatically be terminated and Lessee shall have the right to remove the direct phone and accompanying advertisement from the direct phone carrousel space leased hereby. Upon execution of this lease agreement, Lessee shall deposit with Lessor a damage deposit in the amount of $ 50.00 , Said deposit, less expenses 'incurred by Lessor to repair damage caused by Lessee or Lessee's agents, employees, licensees, or invitees, and less costs incurred by Lessor to clean the display space leased hereby, shall be returned to Lessee upon termination or cancellation of this agreement. 10. Lessee shall not assign, transfer, pledge, or otherwise encumber this lease without the prior written approval of Lessor's Airport Manager. Lessee shall not sublet the demised premises and shall not allow the demised premises to be used for any purpose not authorized by this agreement, without the prior written approval of Lessor. -` 11. Lessee shall indemnify and hold Lessor harmless from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of 2.34 • Lessor or Lessee, resulting from Lessee's use of the demised premises including, but not limited to, claims for death or personal injury to any person, loss or damage to property, and damages for libel, trademark or copyright infringement, or plagiarism. In the event any material or exhibit placed in the display space leased hereby is determined to be in violation of any federal, state or local law, Lessee shall immediately remove said material or exhibit and shall indemnify, defend and hold harmless Lessor and Lessor's employees and officials from all claims, damages and penalties which may arise therefrom. 12! Lessee shall not, on the grounds of race, color, creed, national origin, sex or handicap, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil Rights Act of 1964 and Part 21 of the Regulations of the Office of the Secretary of Transportation as now worded or as may hereafter be amended. Lessee shall have the right to take such action as the United States government may direct to enforce this covenant. Nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. 13. Lessee shall have the right to place, or have placed, at the Airport any advertisement or exhibit. 14. Termination by Lessor: In addition to any other right of termination contained herein, Lessor shall have the right to terminate this agreement in the event of any of the following: (a) The filing by Lessee of a voluntary petition in bankruptcy; (b) The adjudication of Lessee as a bankrupt pursuant to bankruptcy proceedings; (c) The appointment of a receiver of Lessee's assets; (d) The divestiture of Lessee's estate herein by operation of law; (e) -The abandonment by Lessee of the use of the demised premises; (f) Damage from any cause to the demised premises which damage makes said premises untenantable for 90 days. 2.35 -5- 15. Termination by Lessee: Lessee may terminate this agreement by giving written notice of termination to Lessor upon the occurrence of any of the following events' (a) The permanent abandonment of the Airport Terminal Building described in Exhibit "A" attached hereto and made a part hereof. (b) The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control or use of the Airport in such a manner as to substantially restrict Lessee from using the demised premises for a period in excess of 90 days. (c) Issuance by any court of competent jurisdiction of an injunction preventing or restraining the use of the Airport Terminal Building for a period in excess of 90 calendar days. (d) Default by the City in the performance of any covenant contained herein and the failure of the City to remedy such default within 60 days after receipt of written notice from Lessee. 16. Notices: Notices to Lessor shall be sufficient if sent by certified mail, addressed to Lessor's Airport Manager at 113 West Mountain Street, Fayetteville, Arkansas 72701. Notices to Lessee shall be sufficient if sent by certified mail addressed to Lessee at Hiways 412 and new U.S. 71 Bypass, Springdale, Arkansas 72764 (phone: 751-8300) IN WITNESS WHEREOF the parties hereto have executed this agreement or. the year and date first above written. ATTEST By: C ATTEST CITY OF FAYETTEVILLE, ARKANSAS Lessor 13y Mayor Lessee By: Title: 0-41.14dow 2.36 8" Phone j13½'1 Figure 1. Restaurant Concourse to Baggage Claim 12.37 - 7 Individual airport-hotel/motel direct phone space. (entire carrousel houses 8 individual sections) Carrousel as seen if looking down from the top. 6/ 7 3 i/2 1 Direct phone spaces numbered 1-8. "Airport manager's offices Figure 2. s E ... -. 'f Baggage Claim "EXHIBIT "A" RESOLUTION NO. 72-89 e 7,3 A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT FOR A NOT -TO -EXCEED FEE OF $60,000.00 TO THE HAY GROUP TO CONDUCT A PAY PLAN STUDY AND A REQUEST FOR A BUDGET ADJUSTMENT FROM FUNDS AVAILABLE FROM THE WORKER'S COMPENSATION PREMIUM TAX ACCOUNT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute contract for a not -to -exceed fee of $60,000.00 to The Hay Group to conduct a pay plan study. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Board of Directors hereby approves the budget adjustment attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 15th day of August `x 1989. APPROVED • By: ATTEST Clerk 40, i7 -e;77/1; -'7,2efr • Mayor /% MICROFILMED PROFESSIONAL SERVICES CONTRACT The City of Fayetteville, Arkansas (the City) hereby requests and contracts with the Hay Group (the Contractor) to conduct a Compensation and Position Classification Study (the Study). The specific requirements of the Study are set out and described in the Hay Group's proposal to The City of Fayetteville, titled, a Proposal for Comprehensive Study of Compensation and Position Classification Systems (the Proposal), dated June, 1989, attached and hereby incorporated in this contract by reference, and amended below. On $"15-$/ , the City:> d, in regular session, voted to accept the Proposal and authorized the presentklMayor} r�u sj_� icy to enter into a contract with the Hay Group on behalf of the City to provide the service as described in the Proposal for fees and expenses as stated, not to exceed $60,000. In the event that the City decides to increase or modify the scope and or requirements of the Proposal, it is agreed that the professional fees and expenses will be mutually renegotiated to reflect these modifications. Invoices will be rendered monthly for the fees and expenses incurred in the period and are due within thirty days. The Study will commence on or around but not later than October 1, 1989 and will be completed within five months. This contract and the Proposal incorporated by reference constitute the complete agreement between the City and the Contractor. aZecaer,;/ Mayo` th7fzet For the City of Fayetteville, By: jV,1/ium V. Mart l Date: $-617 Attest: Arkansas Vice President For The Hay Group By: Richard D. Maus Date: 2C, M '? Amendments to Attached Proposal: • • • The number of interviews and desk audits will not exceed 35; • All job specifications that are still generally valid will be revised rather than totally rewritten; • Existing salary and benefits survey data will be used, rather than conducting a custom survey, or the City will administer a survey to supplement published surveys; • Word processing and revisions of new class specifications will be done by the City or local typists; • Point factor evaluations will be done in consulting offices in Dallas, eliminating several trips. Occasional on-site input by the Personnel Officer is suggested; • Selected data entry of information about jobs, evaluations, names, and current pay will be done by the City for use by the City and consultants. CITY OF FAYETTEVILLE Proposal for Comprehensive Study of Compensation and Position Classification Systems June 1989 Prepared By: Stanford S. Fader • Vice President Carlos J. Green III Senior Consultant is EACKGROUND_AND OBJECTIVES The City of Fayetteville is requesting assistance in performing a comprehensive review and study of its job descriptions, position classification program, pay plan, and benefits plans, which cover approximately 120 positions and 350 employees. Substantial changes have occurred in the City within the last five years, including a comprehensive reorganization. City services have expanded, departments have reorganized, program emphasis has changed, and positions have been restructured without corresponding changes in the formal classification and compensation systems since they were reviewed in 1986. Consequently, a thorough study of the position classification, pay and benefit plans is required to promote and assure internal equity in pay and maintain competitiveness in the external pay markets in which the City competes for qualified personnel. The City of Fayetteville is seeking assistance in developing a classification and compensation system that will accommodate changes in job content and organizational structure over time with the necessary supportive training and documentation to allow City staff to maintain the system with a minimum amount of administrative effort. The primary objectives of the proposed study are: o Group similar positions into appropriate classes on the basis of the duties and responsibilities of each position while ensuring the necessary degree of flexibility to withstand periods of organization change and job restructuring. o Determine internal relationships of classes to each other and examine the equity of pay within and among the positions within each class. o Determine the City's compensation position relative to pay and benefits in the competitive marketplace. o Train City employees to administer the classification and compensation systems with the aid of formal, written salary administration policies and procedures. HayGroup PHASE I: CLASSIFICATION STUDY 1. Project Planning and Initial DataJteauest The consultants will meet with appropriate City of Fayetteville staff to discuss the objectives of the study, the specific project steps, arrangements for interviews and meetings, and to identify materials to be furnished to the consultants. The consultants will design the Position Description Questionnaire which will be reviewed and approved before being administered to all employees. Usually a mass, written communication is distributed to all employees announcing the project and describing in appropriate detail what is being done, when and how. This type of communication often takes the form of a memo or letter to all employees. Other formats may also work well, and the decision about the most appropriate format will be made with City of Fayetteville project staff and approved at the project planning meeting. 2. Job Analysis Hay consultants will collect job content information using the following methods: o Management Interviews The City of Fayetteville will establish with the consultants an interview schedule with the five Department Directors for interviews of approximately 1-1/2 hours each. These interviews will provide the basis for the formal descriptions of these key jobs. In addition, the Division Heads (approximately 45 people) will be gathered in small groups for focus group sessions designed to provide the consultants with an understanding of their jobs, the entire organization, its structure, culture and management style, major challenges and major management goals and objectives. Each focus group should have eight or nine participants, and each session will last approximately 1-1/2 hours, and will be scheduled by City of Fayetteville personnel. o Position Description Questionnaire The City will administer the approved Position Description Questionnaire to all employees, using City staff as Job Analysts who will distribute the questionnaires, gather completed questionnaires, review for completeness and accuracy, and seek clarification from job holders when necessary. The completed .Position Description Questionnaires and existing position descriptions and background information will be reviewed and used throughout the project by the consultants. HayGroup 2 i i } o Field/Desk Audits The consultants will perform field and desk audits in cases where questionnaire information is unclear or incomplete. It is our experience that these audits are usually required for no more than 25% of the jobs. These audits may take the form of supervisory interviews, short personal interviews with incumbents, actual on-site observation of work, or telephone conversations with incumbents. 3. Classification Based on the completed Position Description Questionnaires and other available data, jobs will be assigned to classes based on job content so that jobs with similar content and requirements will be classed together. A complete list of all class assignments will be presented and reviewed carefully with appropriate City personnel to ensure the results are appropriate to the values and culture of the organization. This review will include alist showing movement of fobs from the current class structure to the new class structure. The completed position description questionnaires for each job in a cluster of similarly evaluated jobs will be consolidated into classification specifications developed based on the common elements of the jobs in the class. Classification specifications will be written for each job classification in the City of Fayetteville. The consultants will prepare and present a report showing the classification specifications and the allocation of jobs to classes for Department Directors, the Personnel Officer and the City Manager for their review and approval. !HayGroup PHASE II: PAY AND BENEFITS SURVEY 1 1. Job Evaluation Hay consultants will work with City of Fayetteville personnel to evaluate the City's job classes based on the class specifications. The Hay Guide Chart -Profile method of job evaluation will be used to assign points to the classes based on three factors which cover eight dimensions that are common to all jobs in varying degrees. The three factors and their dimensions are described as follows: Know How o Depth of Knowledge - considers the complexity of the skill or discipline required in the job, combined with the depth of knowledge needed for fully competent job performance. o Management Breadth - measures the size and diversity of functions or major segments of the organization which the job must manage. o Human Relations Skills - addresses the level of interpersonal skills needed. Problem Solving o Thinking Environment - considers the latitude afforded by the job to identify and solve problems, evaluate alternatives or create new approaches. o Thinking Challenge — measures the complexity and breadth of problems and the intensity of the thought process required to solve them. Accountability o Freedom to Act - considers the latitude the job has in terms of personal or procedural control and guidance in taking action and making or implementing decisions. o Impact - addresses the job's impact on desired end results. o Magnitude - measures the resources over which the job has control, along with the type of impact. HayGroup 4 The job evaluation process can be completed in one of' two ways: Alternative 1: The consultants will evaluate the classes, assigning points to each classification and preparing a report explaining the methodology used and the range of points for each classification. This report would be presented and approved by appropriate City of Fayetteville personnel. Alternative 2: The consultants will train and work with a job evaluation committee composed of a cross section of City of Fayetteville personnel, who will evaluate the classes and assign points to each classification. Hay consultants will then prepare and present a report explaining the methodology used and the range of points .for each classification for approval of the City of Fayetteville. Alternative 1 would be the fastest, and therefore the least expensive, of the two alternatives. Alternative 2 offers the City the additional value of having several people within the organization familiar with the Hay Guide Chart -Profile method of job evaluation and provides significant input and ownership in the process. A unique feature of the Hay Guide Chart -Profile method is its ability to compare pay on the basis of job content across disciplines and between classes. The primary outcomes of this method of Job evaluation are: o An internal ranking of classes that also measures and quantifies the distances within and between classes o A quantitative framework for developing a salary structure that is both internally equitable and externally competitive o A system that is flexible and adaptive to organization and environmental changes o A direct link to Hay's proprietary data base containing thousands of jobs evaluated similarly to those of the City of Fayetteville, which furnishes information regarding the competitive market HayGroup 5 2. Compensation and Benefits Survey The consultants will design, administer, analyze and process a special compensation and benefits survey of selected organizations in the Fayetteville area, as well as other selected municipalities. The City will identify the organizations to be surveyed and assist in contacting participating organizations. A representative sample of jobs in all job categories (i.e. Police, Fire, Labor, Clerical, Professional, Managerial) will be included. Hay will evaluate survey participants' jobs according to the same job content criteria used when evaluating City of Fayetteville jobs to ensure accurate job matching with survey participants. This provides the basis for consistent comparisons taking into account differences in job content through the assignment of points to surveyed jobs, rather than just a simple title match. Using the findings from the survey, the consultants will meet with the City's Budget Coordinator, Assistant City Manager, and Assistant Administrative Services Director to 1) discuss the fiscal constraints on the City, and 2) determine the City's pay position relative to the different external markets through a detailed analysis of external competitiveness, and 3) identify current pay inequities which may require attention. 3. Salary Ranges Hay will develop an appropriate salary structure and salary ranges for all jobs covered by the study. This will include assignment of each class of positions to a pay grade, considering internal equity and market competitiveness issues as well as the fiscal environment in which the City operates. When the salary structure and ranges have been determined, the consultants will prepare and present a report for discussion and approval by the Personnel Officer and City Manager which describes the methodology used and itemizes the results of the class evaluations, including the point ranges assigned to each class. This report will also contain information about the estimated costs to the City of implementing the proposed new pay structure. 4. Program Management and Salary Administration Transfer of knowledge about the processes, procedures and systems to City personnel is imperative so they can easily and effectively administer the programs once they are implemented. Throughout the course of this project, communication and training between the City's project team and the consulting team will be a continuous, interactive and ongoing process so that the knowledge of the processes and procedures necessary to effectively administer the programs are completely transferred to City personnel. HayGroup 6 PRASE TTI: FORMAL REPORTS At the completion of Phases I and II, formal reports will be provided which will include a summary of the procedures and methodology used in developing the programs to that point. These reports will be reviewed with City staff, edited and consolidated for a formal presentation to the City's Board of Directors. A survey feedback report will be provided to all survey participants upon the completion of Step 1 of Phase II. This feedback report is one way of encouraging desired participants to dedicate their time and effort to completing the survey questionnaire and providing us with data. The consultants will draft recommended actions for guiding the day-to-day administration of the Position Classification and Pay Plans. Documentation regarding how the system can be maintained, including administrative procedures and guidelines will be provided to the City to ensure that the program can be effectively admini stered. • HayGroup 7 PROJECT COSTS Consulting fees are based on our best estimate of the time and consultant level required to deliver quality results as defined in our proposal. The following schedule shows the estimated range of fees associated with each of the major project phases. Consulting Fees Overhead PHASE I $22,000 $2,200 PHASE II $30,000-$35,000 $3,000-$3,500 PHASE III $4,250 $425 Hay Management Consultants agrees to provide the services described in this proposal for professional fees of $56,000 to $61,000, depending on which alternative is chosen in Phase II. This represents our best estimate of consulting time required to prepare documents which meet the highest standards of quality. Total estimated costs are further broken down as follows: 46 Professional Workdays X average of $1,250 per day $56,250 Fourteen trips to Fayetteville X $200 airfare 2,800 Twenty three days of hotel and meals at approx. $100 per day 2,300 Twenty three days of local car rental at approx. $40 per day 920 Overhead: 46 days X average of $125 per day 5,625 Computer expenses, graphics, other services 2.500 Total estimated charges, assuming Alternative 1 is chosen for the Job Evaluation step of Phase II $70,395 Additional estimated charges if Alternative 2 is chosen for the Job Evaluation step of Phase II $ 7,640 All out-of-pocket expenses are charged at cost, and the numbers quoted above represent our best estimate of expenses which will be billed to the City of Fayetteville. HayGroup 8 The fees quoted represent what Hay feels to be a realistic estimate of the time and expenses required to perform the project as outlined in the proposal. However, there are some alternative approaches which, if applied, could reduce the fees quoted. Some of those alternatives might be: o The consultants will train City of Fayetteville employees to revise or write classification specifications. This limits the time of consultants to training and quality control, thus reducing the cost of that step of the project, and increases City employees' involvement in the project. o Reduce the required number of interviews and job audits. We would be very willing to work with the City to determine a lower estimate of required interviews and audits which would still include a good cross sample of City employees. Please let us know you are interested in discussing these or other alternatives which will involve more City staff time in an effort to reduce the quoted fees. Fees will be billed to the City in three equal installments. Payment are due within 30 days of the invoice date. It is understood that if additional items are requested above those specified in the proposal, they will be billed at the average daily rate for the level of consulting expertise required. If at any time during the course of the assignment you fmd it necessary or desirable to terminate our services, you are free to do so and are only obligated to pay fees and expenses incurred up to that point. We will staff this project to assure that our services are of the highest quality and that you receive the best possible return on your investment. Biographical information on the Hay consulting team is included in this proposal. HayGroup 9