HomeMy WebLinkAbout2000-074 Agrmt - Fox Lawson04/26/00
08:21
~541 488 5311
CONSULTING AGREEMENT
This Consulting Agreement ("Agreement") is made .by and between the City of Ashland,
Ch'egon (City) and Fox Lawson & Associates LLC ("Consultant") a limited liability company
organized in the State of Minnesota with offices located in Phoenix Arizona at a mailing address
of Post Office Box 32985, Phoenix, Arizona 85064-1985.
W1TNESSETH
WHEKEAS. Consultant has substantial skill and experience in human resources
management, position classification, job evalnation, and compensation; and;
WHEREAS, City of Ashland desires to hire Fox Lawson & Associates LLC to conduct a
salary study, and Consultant &sires to provide services to the City dAshland;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree to the terms and conditions set forth herein.
ARTICLE 1. STATEMENT OF WORK
Consultant shall provide professional consulting services as outlined in its proposaJ to the
City of Ashland to conduct a classification and compensation study dated August 23, 1999 with
thc cxception of Task 3, Conduct Position Analysis.
Consultant shall receive technical direction and review from, and shall report to,
Greg Scoles, Assistant City Adminislrator, or such other person(s) as the City of Ashland may
dcsiguate from time to time.
ARTICLE 2. COMPENSATION
For the complete, satisfactory and timely performance of services provided hereunder,
Consultant will be paid a professional fee of not to exceed $20,500
04/26/00 08:21 ~J'541 488 5311 CITY HALL-ADMIN. ~ ASH,PURCHASING ~002/016
Consulting Agreement - September 1, 1999
Fox Lawson & Associates LLC
Page 2
ARTICLE 3_ PAYMENT
Consultant shah invoice the City of Ashland as of the last day of each month for all
sawices performed during the preceding month, Invoices shall set forth the work performed and
the total invoice amount, and shall be supported by reasonable documentation. The City of
Ashland shall pay such invoice within thirty (30) days.
ARTICLE 4. INDEPENDENT CONSULTANT STATUS
It is understood end agreed that consultant will provide the services under this Agreement
on a professional basis and as independent contractor and that during the performance of the
sawices under this Agreement, Consultant will not be considered an employee of the City of
Ashland within the meaning or applications of eny federal, state or local laws or regulations
including, but not limited to, laws or regulations coveting unemployment insurance, old age
benefits, worker's compensation, indus~ial accident, labor or taxes of any kind. Consultant shall
not be enfitlext to benefits that may be afforded from time to time to the City of Ashland
employees, including without limitation, vacation. holidays, sick leave, worker's coml~nsation
end onernployment insurance, Further, the City of Ashland shall not be responsible for
withholding or pay any taxes or social s~curity on behalf of Consultant, Consultant shall be filly
responsible for any such withholding or payment of taxes or social security.
ARTICLE 5. ASSIGNMENT AND DELBGATION
Neither party shall assign or delegate this Agreement or any rights, duties or obligations
hereunder without the express written consent of the other.
ARTICLE 6, ENTIRE AGREEMENT
The following represents the entire agreement between the parties with respect to the
subject matter hereof. Should there be conflicts between the docum~-nts. the lowest numbered
document shall con~'ol_ This Agreement may be amended only by written instrument signed by
both parties.
1. This Agrccmcnt.
04/26/00 08:21 ~541 488 5311 CITY HALL-ADMIN. ~ ASH.PURCHASING ~ooa/uls
Consulting Agreement- September 1, 1999
Fox Lawson & Associates LLC
Page 3
2. Letters of agreement containing mutual agreed upon terms, transmitted after the date
of submittal of the response to thc Rcquest for proposals (if any)_
3- Response to Request for Proposals.
4. 1~,equcst for Proposals.
ARTICLE 7. HOLD HARMLESS
Consultant shall indenmify, defend, and hold City of Ashland, its officers, employees and
agents harmless from and against any and all damages, expenses, costs and liabilities arising out
of Consulmnt's negligent acts, omissions or wrongfill conduct m the course of performance of this
Agreement, including, without limitation, The breach or failure of the warranties and
representations set forth heroin.
Should Consultant b~ requested to provide testimony in court relative to litigation brought
against the City of Ashland pursuant to this contract, the City ofkshland shall reimburse the
Consultant for lime and expenses incurred at the fuTn's established hourly billing rates for the
individuals involved, Should Consultant be required to provide information to participants in
litigation against the City, the Cit3, of Ashland shall reimburse the Consultant for time and
expenses incurred at the firrn's established hourly billing rates for the individuals involved.
ARTICLE 8. CONFIDENTIAL INFORMATION
Consultant shall not use, duplicate or divulge to others any confidential information
including, without limitation, trade secrets and the results of any Engagement belonging to or
disclosed to Consultant by the City of Ashland in the course of performance hereof without first
obtaining written permission from City of Ashland.
City of Ashland shall not duplicate or divulge to others any confidential information
including, without limitation, proprietary information provided by Consultant for use by the City,
without express written authorization of Consultant.
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Consulting Agreement - September 1, 1999
Fox Lawson & Associates LLC
Page 4
AKTICLE 9. TERMINATION AND TERM
Either Party may terminate this Agreement by giving written notice to the other, which
notice shall be effective 90 calendar days following receipt. Consultant shall be compensated as
provided hexcin for all septices performed and expenses incurred prior to the date of termmarion.
Unless earlier terminated, this Agreement shall be in effect for a period of six months
from September 1, 1999.
ARTICLE 10, WARRAN i ll:~S AND REPRESENTATIONS
Consultant warrants and represents that neither the execution, delivery nor performancc
of this Agreement constitutes a breach or violation of any contract or agreement to which it is a
party or by which it is in any manner bound. Consultant further warrants and represents that it
has no interests or obligatinns nor during the temx hereof will he acquire any interests or
obligations, which conflict with or hamper its ability to perform as required hereby,
Consultant warrants and represents that it will perform any and all services hereunder in a
professional and workmanlike manner and that all such work shall be free of errors and defects.
Consultant shah immediately correct such error or defect at no additional cost to City of Ashland.
This t~Tnedy is in addition to any and all other remedies which City of Ashland may have pursuant
to this Agreement or otherwise, This warranty is in addition to any warranty that may be implied
or imposed by operation of law,
ARTICLE 11. APPLICABLE LAW
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Oregon.
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Consulting Agreement - September 1, 1999
Fox Lawson & Associates LLC
Page 5
ARTICLE 12. PROFESSIONAL LIABILITY INSURANCE.
Consultant agrees to maintain $1,000,000 in professional liability insurance throughout
the term of this Agreement in such a form and manner as to provide coverage for any and all
errors and omissions made during performance ofthls project.
ARTICLE 13. DUB DILIGENCE.
The consultant agrees to proceed with performance of the contract with due diligence and
complete the contract in a timely manner as provided in the response to Request for Proposals
unless completion is delayed by a cause set forth m the specifications and for which timely
completion would be excused.
ARTICLE 14. TAXES.
City of Ashland is a tax-exempt anticy and as such, shall not be respcmsible for payment
of any taxes of any type whatsoever.
ARTICLE 15. LICENSES, PERMITS. LEGALtrU~S.
Consultant agrees to obtain any and all necessa~ permits or licenses required to perform
the work, to comply with all applicable laws, ordinances, regulations, etc., and to perform the
work in a legal manner.
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Consulting Agreement - September 1, 1999
Fox Lawson & Associates LLC
Page 6
ARTICLE 16. CONTACT PBRSON.
The consultant and the Superior Court may be contacted through the following people.
Consultant may change contact people by notifying the other in writing of such change:
Title:
Phone:
Fox Lawson & Associates LLC City:
Brace G. Lawson, CCP Name:
PC Box 32985 Address:
Phoenix, Arizona 85064-2985
President Title:
(602) 840-1070 Phone;
City of Ashland
Mike Freeman
20 E. Main
AsMand, OR 97520
· City Administrator
(541) 488-6002
ARTICLE 17. REMOVAL OF REPRESENTATION.
Should the City reasonably object to an individual dcployed on the project by consultant,
consultant agrees to promptly replace the individual with someone approved by the City,
04/26/00 08:23 9541 488 5311 CITY HALL-ADMIN, ~ ASH,PL~CHASIN~ ~vvt/u~o
Consulting Agreement - September 1, 1999
Fox Lawson & Associates LLC
Page 7
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized representatives.
Bru~e G. Lawson
Partner
CITY OF ASItLAND, OR
Mike Fr(ernan
City Administrator
PO Box 32985
· Phoenix, Arizona 85064-2985
Phone:(602) 840-1070
Employer ID No.: 41-1800060
S~'q~temb~r 1, 1999
Date
City of Ashland
20 E- Main St.
Ashland, OR 97520
Scvtember 9, 1999
Date
L.efel review b~ ~
04/26/00 08:23
,[rGra~ sco~es - D~f~ Contract
~541 488 5311
CITY HALL-ADMIN. ~4~ ASH,FLIRCHASI~ ~.~o/yiu
From:
To:
Date:
Subject:
Bruce Lawson <blawson@foxlawson.com>
Ashland.Main(GregS)
9/I/99 9:11AM
Draft Contract
Mr. Gra9 Scoles
Assistant City Administrator
City of Ashland, OR 97520
Dear Greg:
Pursuant to our telephone conversation eadier this afternoon, please accept
this notification that we are willing to perform all tasks outlined in our
proposal dated August 23, 1999 except for Taak 3, Conduct Job Analysis for a
total cost of $20,500. As discussed, we will review and comment on the '
current job descriptions with a primary focus on the FLSA exemption status for
each job dassificati0n. Should we note any other deficiencies except the
currency or accuracy of the duties listed, we will include those issues in our review.
Attached, as requested, is a draf~ contract. If this contract is acceptable,
we can proceed with project upon your approval.
We appreciate having the opportunity to assist the City of Ashland with this
important study and look forward to working with you.
Very truly yours;
Brute G, Lawson, CCP
President
04/26/00 08:23 8541 488 5311 CITY HALL-ADMII~. ~ A~n.rL,~n~xx,~ ~ .......
CITY OF ASHLAND, OREGON
REQUEST FOR PROPOSAL
for
PROFESSIONAL COMPENSATION CONSUL TIN(; SER VICES
PROPOSAL TITLE:
DUE DATE AND TIME:
Management, Supervisory and Confidential
Classification/Compensation Study
Monday, August 23.1999 (~l 4:00 PM
1. INTRODUCTION/GENERAL INFORMATION
Ashland, Oregon has a population of approximately 19,220 and is located 15 miles noah of the California border, It is
one of America's most livable small communities. Ashland is perhaps best known ~s the home of the world famous
Oregon Shakespeare Festival. The City's fiscal year runs from June I = through July 30'h.
The City of Ashland has approximately 195 employees. These personnel are separated into five different bargaining
units and one non-represented unit. The non-r~presemed unit is the Management, Supervisory and Confidential group.
This group has approximately 49 employees.
2. SCOPE OF SERVICES REQUESTED
The Ci~ of Ashland is requesting proposals from quali~i profcssional rirms experienced in conducting
compensation/classification studies. Services requested include: a salary benefit survey, a review of all job descriptions
(updating descriptions if necessary and validating that each description meets Federal ADA requirements). the Creation
and development of a wags/grade PaY plan, and the development of appropriate criteria (general and job specific) upon
which to perform evaluations which tie performance to compensation. The study is for the Management, Super~isory
and Confidential group only,
3. SUBMISSION OF PROPOSAL
There is no expressed or implied obligation for the City of Ashland to reimburse responding firms for any expenses
incurred in preparing proposals in response to this request.
The City of Ashland must receive submittals no later than 4:00 PM, Monday, August 23, 1999, at the Office of the
City Administrator, 20 East Main Street, Ashland, Oregon 97~20.
For assistance or questlens related to contractual or financial makers contact Greg Stoles, Assistant City
Administrator, by FAX at ~41 4~8-5311 or e-mall at ltreEs~li!ashland.or, us.
Late and incomplete submittals will nor bc consldcr=d.
Submit proposals in a sealed envelope marked: Classi~cazion/Compensation Study.
Submittals. as presented, must be in 8-1/2"xl 1" portrait format.
· Submit five bound copies and one unbound original of the proposal.
Other material such as the ~rm's brochure may be submitted but must be ~n a separate binding.
04/26/00 08:24 8541 488 5311 CiTY HALL-ADMIN. ~ A~U.rVK~AaI~ ~uxu/uiu
4. SELECTION CRITERIA
Firms submitting proposals shall have a minimum of five (5) years experience conducting compensation/classification
studies for similar sized or larger governmental entities and/or special diswiets.
The intent of this request for proposal is m have a professional consulting firm conduct a compensation/benefits study,
develop and/or alt~ the. existing pay plan, to address specific concerns listed below and in more detail upon selection.
The City of Ashland reserves the right to reject any and all proposals. The Cit'j will award the contract to the proposer
who submits a proposal and is able to best produce a quality analysis in a sixty (60) day time frame. Criteria included
in the decision are references, similar work dune for other cities, recent work, work that avoids duplicity (i.e., work
recently done for other cities that could be roused In this study), experience of actual individuals who will perform
work, m~.hodology, ability to broaden or shorten spectrum of study, age and size of firm, and ability to deliver final
product in the required or shorter parlor to time.
5. OBJECTIVE
12hpending on costs and time constraints, the following are objectives to be considered, but is not all-inclusive and may
be shortened or lengthened.
A. Audit of Job Descriptions
1, A review ofjob descriptions (format and content) and specifications (critical job elements) for all current nr, ;Tiens.
This review shall include updating any and or all job descriptions to meet Federal ADA regulations.
2. Consultant will consider reclassi~cation of positions based upon review and fiJture expectations of cenair,
positions.
3. The audit should not only focus on the relevance and validity of the job descriptions, but the extent to which the job
descriptions are us/ng compensable factors which will allew for examination of internal as well as extemal equity.
B. Determinations of Relevant Markets
I_ Analysis should be made relative to comparison markets involving both public and private employers. It is realized
that different jobs will have different markets. The public and private comparisons need to be shown separately and
combined. Private sector should be reviewed only where private is an appropriate consideration for that job type.
2. Care should be given to insure that unlquejobs have a relative benchmalt( with which to be compared.
C. Wage Survey
l. A salary survey needs To be conducted involving each job as well a~ a saJa~/grade comparison.
2. The sensitivity for examining the value of jobs within each gade will assist in the creation of appropriate steps of
salary progression within and between specific grades based on market realities.
3. The job classifications should have minimum and maximum ranges and where employees within the range should
be placed.
04/26/00 08:24 ~'541 488 5311 CITY HALL-ADMIN, ~ ASH.FLIK~A~I~b ~u~o
D. Benefits
The compensation will be mla[ed to the overall benefits available to the employees compared to private and public
sector. On those benefits t~at carl be easily quanti~able, their relationship to salary should be indicated. Those that
non--quanti~able or are difficult to assess, a value should be commented on as to its importance and strength when
reviewing actual salary. It should be noted some benefits are job specific.
E, New Step/Grade Plan
Based upon discussion with the City Administrative Staff, the successful proposer shall present suggestinns and
recommendations as to how steps and pay grades should be situated in the best interest of the overall plan. The
successful proposer shall also make recommendation, as to how to implement the new system. This would include job
classification criteria and its allowance for score creep, how to deal with employee reaching maximum within scale,
potential for merit or mix of merit pay with step increases, and requirements to keep the plan current and updated.
F. Implementing Results
Recommendations should be made as to how to implement the wage recommendations with respect to the pay plan
over a Specified period of time
G. Analysis of Evaluation System.
1, The study should diagnose the type of performance cvaluatlon system utilized in conjunction with the pay plan.
fiffort is to be placed on developing appropriate criteria (general and job specific), as well as how performance is to be
tied to compensation.
2, Closely tied to number2 above (SCOPE OF SERVICES REQUESTED) will be classification ofthe job
description in the grading classification. A scoring or evaluation system needs to be devised to determine where a new
position or reclassi~cation of a position places that job or position within the pay plan.
H. Employee Input
The study is to embody a methodology that includes employee participation in both input and feedback, particularly in
area of job analysis. It is expected that not all employees will participate, but methodology should State how
communications would flow both from and to the employees.
I. Overtime Pay and Compensatory Time-Off Criteda
I. Prepare an anaiysis of the City's job positions as it relates to adminlsU'ative, executive or professional exemptions to
overtime rules (i.e. d~termine exempt and nonexempt status of each job classification in this non-represented unit).
2. In light of the analysis above, examine the existing compensatory time-off policies of the City to determine whether
such comport with the analysis.
3, Develop an appropriate method of tracking a compensatory time-off system and assist the City in implementing
such a SyStem.
04/28/00 08:24 '~1'541 488 5311 CITY ItALL-ADMIN. -~-,-~ ASH.PI_IRCItASING ~]012/016
6. PROPOSAL REQUIt~EMENTS
Proposals should provide the following:
A, Proposed Projeot Team and Team Organization
1. Identification of all key personnel working on the project and the specific role each individual will fill
2. Brlefdescription of previous team experience.
B. Brief Assessment of the Firm's Present Workload
C_ Statement of Qualifications Including, the Size. History. and Experience of the Firm
I. A list identif3dng the location, cost, client, and briefdescriptlon of projects which are comparable in nature to the
proposed project. List current and past clients along with the nam~ and telephone numbers of con/a,:t p~rsons.
Omission of past clients can and may be used to eliminate potential proposers.
2. A list ofothar work in the area.
3, Any recent work that carl be duplicated to reduce costs,
D. Work Program
l. A proposed scope of works detailing the methods to be used.
2. A description of work required of City staff
E. Additional Conditions for Submission of Proposals
I. Withdrawal of proposal shall be in written form and be received prior to the opening of the proposals.
2. Assignment of C0ntnctual Rights - Submission of a proposal by the proposer constitutes agreement th,¢ r,hc
suoccssful proposer wi]l not assign, transfer, convey or otherwise dispose of the contract or its right, q~ic ,,. !l ~rere!.; in
to the same, or any part thereof, wiffiout previous written consent of the City of Ashland.
3. The successful proposer agrees, by entering into this contract, to defend, indernni~ and hold the City of Ashland'
harmless from any and all comes of action of claims of damages arising out of or related to proposer'$ performance
under this ~ontract.
4. Proposer shall comply wiffi all federal. state, and local laws relative to conducting business in the City of Ashland.
Oregon, but not limited to licensing, labor and health laws. The laws of the State of Orogon will govern as to the
interpretation, validiW, and effect of this proposal, its award, and any contract entored into.
5. Payment shall be in lump sum upon completion of project and acceptance by City AdminisTrator. Variations to the
payment plain will be considered. but in no case shall the plan pay over 50% Of the contract sum prior to completion
and acceptance.
6. The successful proposer will be required to carry general liability insurance of no less than $500,000.
04/26/00 08:2~; ~'541 488 5311
Management/Confidential
Position Breakdown
EXECUTIVE MANAGEMENT
City Administrator
City Attomey
Assistant City Administrator
Police Chief.
Electric Utility Director
Finance Director
Fire Chief
Public Works Director
Administrative Services Director
Community Development Director
MID-MANAGEMENT SUPERVISORY
Electric Operations Superintendent
Assistant Fire Chief/Fire Marshal
EMS/Fire Training Coordinator
i olice Captain
~ublic WOrkS SUperintendent
Engineering Services Manager
Marketing & Communications Manager
Talecommunications Engineer
Supervising Accountant
Senior Planner
Police Sergeant
Police Administrative Services Manager
Building Official
Computer Services Manager
Water Plant Supervisor
Water Quality Supervisor
Meinb,.nence-eafety Supervisor
Network Administrator
User-Support Coordinator
Street Supervisor
Cable 'I'V Specialist
Senior Program Director
Dispatch Supervisor
CONFIDENTIAL
Legal Assistant
Personnel Assistant
Execu*jve Secretary
Administrative Secretary
Secretary
04/26/00 08:25 ~541 488 5311
[Ir Fox LAwsoN & ASS0C ATES
PHOENIX, ARIZONA 85064-2985
PHONE'. {602) M0-107O
FED. TAX ID # ~,1-1800060
04/2012000
Invoice
1892
~ILL TO:
City of Ashland, OR
Gfeg Stoles
Assistant City Adrp~ini~trator
20 E. Main Street
Ashland, OR 97520
DESCRIPTION
TERMS: Net30
DUE BY:
05/20/2000
For professional services provided from September 1999 through April 20, 2000 Re:
compensation study as follows:
-Task I, Pwject L.~tialion and AclminiStration ($2,500)
°Task 2, Define Compensation Philosophy and Strategy ($2,500)
-Task 4, Conduct job evaluation ($2,500)
-Task 5, Select Benchmark Jobs and compile data ($4,500)
-Task 6, Construct Compensation System ($4,000)
This invoice, in the mount of $16,000, rapresents all work completed to dam. The total
conl~act is for a total of $20,5000. The final task, Develop study documentation in the a~
of $4,500 will be billed following presentation of the final report to the City Council.
16,000.00
We appreciate having the opportunity to work with you!
TO']
Please remit to: P.O. Box 32985, Phoenix, Arizona 85064-2985
CITY OF ASHLAND
20 E. MAiN ST.
ASHL~,ND, OR 97520
VENDOR: 002419
FOX LAWSON & AS50CIATES LLC
P 0 BOX 32985
PHOENIX. AZ 85064-2985
SHIP TO:
04/26/00
City of Ashland
(541) 488-6002
20 E MAIN STREET
ASHLAND, OR 97520
PAGE I
FOB Point:
Terms: Net
Req. Del, Date:
Special Inst:
Req. NO,:
Dept.: ADMINISTRATION
Contact: G reg Scoles
Confirming? N
Ouantjty Unit
DescHp~:on
Professional Compensation Consulting
Services, RFP Due Date August 23, 1999
Consultant shall provide professional
consulting services as outlined in its
DrODOSai to the City of Ashland ~o
conouc~ a classification ano
compensation study dated August 23.1999
wl~n ~ne exception of Task 3. Conduct
Position Analysis
Not co exceea $20 508.00
Un~Peice :ExLPrice
:20,500.00
BILLTO:ACCOUnt Payable
20 EAST MAIN ST
541-552-2010
ASHLAND, OR 97520
E 710.01.02.00.604100
AmOunt
20.500.00
SUBTOTAL 20.500.00
TAX .00
FREIGHT .00
TOTAL 20,500,00
AecountNUmber :
AmqUnt
VENDOR COPY
E~,~'~ Olson PO Please ......................................................................... P~' e 1 '
From: Tina Gray
To: Kari Olsen
Date: 4/26/00 9:21AM
Subject: PO Please
Hi there---
Could you please prepare a P.O. forthe following:
Payableto:
Fox Lawson & Associates, LLC
PO Box 32985
Phoenix, AZ 85064-2985
Phone: (602)840-1070
Amount: $20,500
Account Number: 710.01.02.00.604100
I will be faxing you the signed agreement, RFQ materials, etc.
Thank you,
Tina
CC: Cindy Hanks