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Res 1342 - PC NW Comp Survey COUNCIL BILL NO. 1694 RESOLUTION NO, 1342 A RESOLUTION ENTERING INTO AN AGREEMENT WITH PC NORTHWEST. INC. TO CONDUCT A TOTAL COMPENSATION SURVEY. PROVIDE A SALARY RANGE SCHEDULE. AND DEVELOP A FINAL REPORT; AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the city requires services for evaluating and updating the compensation system within the city; and WHEREAS. PC Northwest. Inc, represents that it is qualified and prepared to provide the services that the city requires, NOW. THEREFORE. THE elTY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the city of Woodburn enter into a Consultant Agreement with PC Northwest, Inc, to conduct a total compensation survey, provide a salary range schedule, and develop a final report, as provided in said agreement, A copy of said agreement is attached hereto and. by this reference, incorpor ted rein, APProvedastoform~~~ --S f- CJ0 City Attorney Date ~ tJ~~J Nan~kSey, Mayor . / March 11, 1996 . APPROVED: Passed by the Council Submitted to the Mayor March 13. 1996 Approved by the Mayor March 13, 1996 Filed in the Office of the Recorder ATTEST: ('tlCUhL/~~ M~nant, City Recorder City of Woodburn, Oregon March 13, 1996 Page 1 - COUNCIL BILL NO, 1694 RESOLUTION NO, 1342 ".,..,," ... CONSULTANT AGREEMENT This agreement is between the CITY OF WOODBURN, an Oregon municipal corporation, (City) and PC NORTHWEST, INC. (Consultant), an Oregon corporation, a. City requires services for evaluating and updating the compensation system within City, which Consultant is capable of providing, b. Consultant represents that it is able and prepared to provide such services as City requires, under the terms and conditions described below. The Parties Agree as Follows: 1. Imm. The term of this agreement shall be from March 1, 1996 to June 3D, 1996, unless sooner terminated under the provisions below, 2. ScoDe of Services. Consultant's services under this agreement shall consist of the following: A, Perform jOb audit interviews for each job classification identified in order to determine actual duties and responsibilities, B. Conduct a total compensation survey with comparable public sector employers and applicable private sector employers, This survey also includes obtaining information on certification pay. C. Provide a salary range schedule, as a result of the salary survey, for all non-union and management classifications. D, Develop a final report with the results of the compensation study with Consultant's analysis and recommendation. E. Review report with City Administrator for presentation to City Council. Consultant understands City reserves the right to make changes in the scope of work outlined in this agreement and that Consultant will reasonably accommodate said changes as agreed upon. 3. Consultant Identification. Consultant shall furnish to City its employer identification number, as designated by the Internal Revenue Service, or Consultant's social security number, as City deems applicable, ~~ '.r.. ~.. ,~~~~ ,. .. 4. ComDensation, A. City agrees to pay Consultant at the hourly rates specified in Exhibit · A. attached hereto. City shall reimburse Consultant for reasonable expenses necessary to complete the project, Any expense associated with this project exceeding $500 shall be approved by the City Administrator in advance. Total compensation, including reimbursement for all necessary expenses incurred, shall not exceed $13,000, B, City agrees to pay Consultant within 30 days after receipt of Consultant's itemized statement, Amounts disputed by City may be withheld pending settlement. C. City certifies that sufficient funds are available and authorized for expenditure to finance cost of the agreement. 5. Consultant is IndeDendent Contractor. A. Consultant's services shall be provided under the general supervision of the City Administrator, but Consultant shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under paragraph 4 of this agreement. B, As required by Chapter 656 of the Oregon Revised Statutes, Consultant certifies that it is either a carrier-insured employer, or a self-insured employer, or a sole proprietor which is exempt from workers' compensation coverage. Consultant shall provide proof of compliance with requirements of workers' compensation coverage before labor under this agreement commences. C, Consultant acknowledges responsibility for liability arising out of the performance of this agreement and shall defend, hold harmless and indemnify City, its officers, agents, and employees for any and all liability, settlements, loss, costs, and expenses in connection with any action, suit, or claim resulting or allegedly resulting from Consultant's negligent performance of this agreement. Page 2 - Consultant Agreement ~. -.i'. ... T 6. Early Termination. A, This agreement may be terminated prior to the expiration of the agreed-upon term: 1 . by mutual written consent of the parties; 2. by either party for any reason upon 10 days written notice to the other, delivered by certified mail or in person. B. Any termination of this agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination, C, The rights and remedies of City provided in this agreement relating to defaults by Consultant shall not be exclusive and are in addition to any other rights and remedies provided by law or under this agreement, 0, Any delay resulting in whole or part from the failure of City to perform its responsibilities under this agreement or from causes beyond the control of the parties will result in a corresponding extension of the schedule for project completion, 7, Subcontracts and Assignment. Consultant shall neither subcontract any of the work, nor assign any rights acquired hereunder without obtaining prior written approval from City, City by this agreement incurs no liability to third persons for payment of any compensation provided herein to Consultant, 8, Access to Records, City shall have access to all books, documents, papers and records of Consultant which are pertinent to this agreement for the purpose of making audit, examination, excerpts and transcripts. 9, Work is Prooertv of City. All work performed by Consultant under this agreement shall be the property of City, 10, Adherence to Law. A, Consultant shall adhere to all applicable laws governing its relationship with its employees, including but not limited to laws, rules, regulations and policies concerning workers' compensation, and minimum and prevailing wage requirements. Page 3 - Consultant Agreement ~. 'T'. .... B, Consultant shall not discriminate based on race, religion, color, sex, age, national origin, marital status, political affiliation, disability or status as a disabled veteran or Vietnam era veteran. Consultant shall adhere to all applicable laws, regulations, and policies, relating to equal employment opportunity, non- discrimination in services and affirmative action. 11 , Governing Law, This agreement shall be construed in accordance with the.laws of the State of Oregon, 12, Modification. Any modification of the provisions of this agreement shall be in writing and signed by the parties, 13, Integration. This agreement contains the entire agreement between the parties and supersedes all prior written or oral discussions or agreements, 14. Licensing, Consultant agrees to obtain a City business license prior to commencement of work under this agreement, 1 5, Attornev Fees. In the event a lawsuit of any kind is instituted to enforce the provisions of this agreement, the parties agree that the losing party shall pay such sums as the court may adjudge for reasonable attorney fees and to pay all costs and disbursements incurred, 16, Severabilitv. The parties agree that if any term or provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, 1 7, Notices, Any notices, bills, invoices, or reports required by this agreement shall be sent by the parties in the United States mail, postage paid, or personally delivered to the addresses below: City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Attn: Mary Tennant PC Northwest, Inc. 7912 Se 13th Avenue Portland, Oregon 97202 Attn: Judy Clark Page 4 - Consultant Agreement '~_. r-- Date: By: The parties have caused this agreement to be executed by their duly appointed officers. (Consultant) (City of Woodburn) By: PC Northwest, Inc, Date: By: Date: ~~7~! ~ , I Mayor 3 - 3- 9~ I /1- '~cd City R~r 3-/3-71.0 ~~ Ci~ Att07~~ Date: ::5 1 to { Page 5 - Consultant Agreement ..,.... .-r ... "EXHIBIT A" HOURLY BILLING RATES FOR PC NORTHWEST, INC. $90 PER HOUR $75 PER HOUR $35 PER HOUR ~~. Senior Consultant Professional Consultant Administrative Support & Travel Time