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Home My WebLink About07-30-2024 Holman, Maria Consultant AgreementCONSULTANT SERVICE AGREEMENT Page 1 SERVICE AGREEMENT This agreement is made, effective as of July 1, 2024, by and between The City of East Wenatchee ("City") and ManaHolman_("Consultant"). City and Consultant agree as follows: SECTION 1 - SERVICES 1.1 Services. Consultant is being retained pursuant to this Agreement to provide salary survey services. Consultant is not being retained as an employee of City and is and shall always be an independent contractor. Consultant shall perform its services for City in a good and competent manner and shall provide all services in full compliance with the terms and conditions of this Agreement, exercising that Consultant skill and care which is consistent with customary practice. 1.2 Scope of Services. Consultant's services shall consist of providing that scope of work as identified in the Scope of Work attached hereto as Exhibit A. 1.3 Time of Performance. Consultant's Services shall commence no later than September 30, 2024, unless earlier terminated in accordance with Section 3 below. SECTION 2 - COMPENSATION 2.1 Compensation. City will pay to Consultant, for services furnished in compliance with the terms of this agreement, at an hourly rate of $45.00 per hour. Consultant will submit a monthly invoice to City. Consultant is responsible for monitoring its time spent on this project and shall not submit an invoice for payment which exceeds $1,800.00 total project cost. 2.2 Taxes and Withholdings. Consultant shall be exclusively liable for the payment to any appropriate governmental authority of all required contributions and taxes, including payroll or other taxes imposed under the provisions of any unemployment insurance, Social Security or pension plan insofar as the taxes pertain to the work performed under this Agreement. City shall not be responsible for any employer required tax payments or withholdings. SECTION 3 - TERMINATION 3.1 Termination. The failure of Consultant or City to fully conform with all the terms and conditions of this Agreement shall constitute a default. If CONSULTANT SERVICE AGREEMENT Page 2 Consultant or City have failed to cure any default within five (5) business days after receipt of a notice specifying the default, Consultant or City, in addition to all other remedies available to it, may terminate this Agreement. In the event of termination for default of Consultant, City may have the work taken over and completed by a Consultant of its choosing. In the event of a default, Consultant shall deliver to City upon five (5) days written notice all finished or unfinished documents, data, studies, reports and the like prepared by the Consultant. Upon termination or default by City, Consultant may suspend performance of services under this Agreement. In the event of this suspension of services, Consultant shall have no liability to City for delay or damage caused City because of such suspension of services and Consultant shall be compensated for services properly performed prior to termination. 3.2 Termination for Convenience. City may terminate this Agreement without cause upon thirty (30) days written notice. Upon receipt of notice oftennination, Consultant shall immediately cease performing services. In the event of termination of this Agreement in accordance with this paragraph. Consultant's sole compensation shall be for services perfonned up to the date of the receipt of notice oftennination. SECTION 4 - OWNERSHIP OF DOCUMENTS 4.1 Ownership of Documents. All information, reports, charts, documents, data, programs, information, concepts, and the like made available to Consultant by City or generated and delivered in the course of performing services for City are the exclusive property of City. 4.2 Confidentiality/Nondisclosure. All documents identified in Section 4.1 above shall be considered confidential to City and shall not be disclosed to any third person or entity by Consultant except with the prior written approval of City. In addition, information may be made available or otherwise provided to Consultant that would otherwise be considered confidential and not subject to disclosure. Consultant agrees to maintain such information confidential except in the case of express written approval of City or lawful subpoena or court order. In the event that Consultant receives an lawful subpoena or court order for production of information that would be considered confidential. Consultant shall immediately notify City so that City will have the opportunity to seek a protective order if appropriate. 4.3 Production of Relevant Information. City shall furnish to Consultant all applicable information available to City reasonably required for the proper performance of the Services. Consultant shall be entitled to reasonably rely upon the infonnation provided by City. CONSULTANT SERVICE AGREEMENT Page3 SECTION 5-NOTICES Any notice provided for or concerning this Agreement shall be in writing. Notice shall be considered given either when delivered in person to the recipient or upon receipt by registered U.S. Mail or by email to the following address: NOTICE TO CITY: Laura Leon, City Clerk 271 9th St. NE East Wenatchee, Washington 98802 Laura Lean <lleon@eastwenatcheewa.gov> NOTICE TO CONSULTANT: Name: Maria Holman Address: 24 N Western Ave, Wenatchee WA 98801 Phone number: 509-670-4078 email address: pbhl59@charter.net or to such other address, phone number or email as directed by City or Consultant. SECTION 6 - ASSIGNMENT OF RIGHTS The rights and obligations of each party under this Agreement may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party, which may be denied for any reason in the sole discretion of the party requested to approve assignment. SECTION 7 - LAW, VENUE, AND ATTORNEY FEES In the event of a dispute, the parties agree to resolve the dispute by binding arbitration conducted pursuant to RCW 7.04A. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the state of Washington. Venue shall be in Douglas County, state of Washington. The substantially prevailing party shall be entitled to recover all costs of suit and collection, including but not limited to, reasonable attorney fees, lodging and meals, and travel. SECTION 8 - NO WAIVER The failure of either party to this Agreement to insist upon perfonnance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. EXHIBIT "A" Scope of Services The requirements for services are set forth in this Exhibit A, including general requirements and specific tasks. This is an exhibit attached to, and made part of, the Agreement between the City of East Wenatchee and Maria Holman for the provision of consultation services. Consultant, Maria Hotman shall perform consultation services as detailed in the following sections related to the City of East Wenatchee compensation comparison analysis. (Hereafter referred to as "Project") SECTION 1. GENERAL A. General PROJECT Description: The PROJECT involves providing compensation comparison analysis for the City of East Wenatchee that could include the following tasks. B. General Performance Requirements: 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard care provisions contained in this AGREEMENT. 2. The CITY'S Mayor shall manage the PROJECT and this AGREEMENT. CONSULTANT shall receive final direction from the CITY'S Mayor or his/her authorized designee (hereinafter collectively "CITY") only. 3. CONSULTANT shall coordinate this scope of services with the CITt? as welt as with other CIFf consultants and contractors, as needed or directed by the CITY. SECTION 2. TASKS 1. Conduct a comprehensive compensation study and analysis of the City of East Wenatchee workforce as described in purpose/objective above. This includes identifying appropriate benchmarking and survey of external competitors for positions and a review of internal equity and potential pay compression issues. 2. Create a draft pay scale for positions based on findings and review of job descriptions. 3. Work closely with the Human Resource department on what is to be considered as regional data for the City, follow up meetings throughout project and with the Mayor as part of compensation study and research as needed. Present final findings to the Mayor and Human Resource department. 4. The final product should not only include recommendations for pay scale and compensation adjustments but recommendations on keeping both current, equitable and up to date. Sample documents should be provided. D. Detiverables 1. Make recommendations to modify individual compensation issues that are currently not in alignment with the City of East Wenatchee compensation goals, the target market comparison, internal equity assessment and not aligned with interest of recruitment and retention efforts. Recommendation should include an option for a multi- phase plan for implementation of recommended changes. 2. Make recommendations to improve and modify as needed the compensation structure (pay scale currently in use). This includes reviewof job descriptions for this analysis. 3. Provide data to include all market and other data obtained as part of study in an organized, easily understood format. This should include statistical data points for each position (i.e. Median /mean values for each position and ranges). 4. Conduct a meeting of findings to Mayor and Human Resources. 5. The entire project should befutly completed no later than Friday, August 16, 2024. ADDITIONAL SERVICES Consultant Services beyond the work in these tasks may be provided by CONSULTANT as Additional Services only if such Additional Services are authorized in writing by the CiT^ in advance. Additional services may be negotiated with a maximum not to exceed amount or by a time and materials cost accounting with a maximum not to exceed as agreed by both parties. CONSULTANT SERVICE AGREEMENT Page 4 SECTION 9 - EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this Agreement may not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the removal of the invalid provision. SECTION 10 - MODIFICATION OF AGREEMENT Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by an authorized representative of each party. SECTION 11 - ENTIRE AGREEMENT This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. The undersigned represent that they each are authorized to execute this agreement respectively on behalf of City and Consultant. CITY ^^-> ^y^^/€U^/ Jerrilea Crawford ^ Mayor '7//o/^^^Dated: CONSULTANT -pi^t^ HoUruu- Dated:/7/5D/Z6 ^