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HomeMy WebLinkAboutReso. 1988-350 - Approving consulting services contract for a classification and compensation study entered into between the city of redding and nash & company 111111 t RESOLUTION NO. 8.F-35 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING CONSULTING SERVICES CONTRACT FOR A CLASSIFICATION AND COMPENSATION STUDY ENTERED INTO BETWEEN THE CITY OF REDDING AND NASH & COMPANY, INC. , AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY DOCUMENTATION. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Consulting Services Contract for a classification and compensation study entered into between the City of Redding and Nash & Company, Inc. , a true copy of which is attached hereto. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Contract on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid document, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 20th day of September , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton & Johannessen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None ) ' K/ IC MAURE JOHANNESSEN, Mayor City of Redding ATTEST: '012u/!PROVED: ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, City Attorney v) it i 411 110 -- - - _-CITY--OF.-RIDDING _-- -- AND NASH AND COMPANY, INC. CONSULTING SERVICES CONTRACT This Agreement, made and entered into by and between The City of Redding, a political subdivision of the State of California and NASH AND COMPANY, INC., hereinafter referred to as "Contractor". The City of Redding is authorized to obtain, by contract, services necessary to conduct its operation. Contractor has available, or can cause to be provided, the facilities and staff required for the performance of these services. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties above-mentioned, for and in consideration of the mutual promises states as follows: 1.0 Effective Date. This Agreement is effective and services shall begin on September 20, 1988. The final report described in Attachment "A" shall be delivered to the City of Redding not later than February 28, 1989. It is understood by both parties that no commitments have been or are made by either party beyond the end of this Agreement. 2.0 Contractor's Services. Contractor shall perform the necessary services to conduct the program(s) described in Attachment "A", attached to and by this reference incorporated in this Agreement. Services shall be performed in accordance with a schedule approved by the City of Redding. 3.0 Laws and Regulations. The City of Redding and Contractor agree to comply with the ordinances, rules and regulations of The City and all provisions of Federal and State law, rules and regulations relating to Contractor's performance of services under this Agreement. In the case of act or duty of The City by the State of California, which, by the nature of this .... Consulting Services Contract:- Page ontrac-tPage 2. Agreement, The City determines to be within the scope of this Agreement and is to be performed by Contractor, Contractor shall perform such act or duty on behalf of The City. 4.0 Records Monitoring. Position Questionnaires and any other documentation shall become property of the City of Redding. Contractor agrees to submit all such records and documents to the City of Redding upon expiration of this Agreement. 5.0 Payments. The City of Redding shall provide payments to Contractor for rendering services under this Agreement in accordance with the schedule in Attachment "B" of this Agreement. 6.0 Withholding Payments. Notwithstanding any other payment provision of this Agreement, if Contractor fails to submit required reports when due, or fails to perform or document the performance of contracted services, The City of Redding may immediately withhold payments under this Agreement. 7.0 Termination. All or part of this Agreement may be terminated for any one or more of the reasons specified below: 7.1 After 10 calendar days notice, if funding from Federal, State or other sources is not obtained or is not continued at levels sufficient to allow for purchase of the indicated services. 7.2 Immediately on notice of denial, revocation or non-renewal of any letter of approval, license or certificate required by law, rule or regulation to be held by Contractor to provide a service element under this Agreement. 7.3 Immediately, if The City has evidence that Contractor has endangered or is endangering the health and safety of City staff or the public. IIIL Consulting Services Contract Page 3. -------- ------ 7.4 ---Upon failure of.Contractor to comply with the-provisions of this Agreement and all applicable Federal, State and local laws, rules and regulations. 7.5 Termination shall be without prejudice to any obligation or liability of either party accrued prior to termination. 8.0 Independent Contractor. Contractor is engaged as an Independent Contractor. 8.1 Contractor will be solely responsible for payment of any Federal or State taxes required as a result of this Agreement. 8.2 This Agreement is not intended to entitle Contractor to any benefits generally granted to City employees. By way of illustration, but without limitation, the benefits which are not intended to be extended by this Agreement to the Contractor are vacation, holiday and sick leave, other leaves with pay, tenure, medical and dental coverage, life and disability insurance, overtime, Social Security, Workers' Compensation, unemployment compensation or retirement benefits (except insofar as benefits are otherwise required by law if the Contractor is presently a member of the Public Employees' Retirement System). 8.3 Contractor is an Independent Contractor for purposes of the Workers' Compensation Law and is solely liable for any Workers' Compensation coverage under this Agreement. If Contractor has the assistance of other persons in the performance of this Agreement, Contractor shall qualify and remain qualified for the term of this Agreement as an insured employer. -- Consulting Services Contract Page 4'+. 9.0 Delegation and Reports: Contractor shall not delegate the responsibility--- - - for providing services under this Agreement to any other individual or agency, and shall provide The City of Redding with periodic reports at the frequency and with the information required by The City. 10.0 Hold—Harmless. Contractor is responsible for any and all injury to any and all persons or property caused directly or indirectly by reason of any and all activities by Contractor in the performance of this Agreement. Contractor further agrees to indemnify and hold harmless The City, its officers, agents and employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with any such injury. 11.0 Insurance. Contractor shall obtain, and at all times keep in effect, comprehensive liability insurance covering activities and operations of Contractor. The City of Redding, its officers, agents and employees shall be named as additional insureds. In the event of unilateral cancellation or restriction by the insurance company of any insurance policy referred to in this paragraph, Contractor shall immediately notify The City verbally and in writing. The Contractor shall supply to the City a certificate of insurance showing evidence of the required insurance. 12.0 Settlement of Disputes. Differences between a Contractor and The City, or between contractors, will be resolved when possible at appropriate management levels. Unresolvable disputes will be submitted to binding arbitration in the city of Sacramento. Each party shall select one arbitrator and they shall select the third. Consulting Services Contract Page 5. DATED this day of , 1988. Approved by the City of Redding City Council on , 1988. Mayor Contractor Approved as to Form: City Attorney 4. - . • -----Cansul--ting-Services Contract -------- Page 6. ATTACHMENT A - SERVICES -- Prase I 1. City hereby accepts the Proposal of 25 July 1988, which is made part hereof by this reference. 2. Contractor agrees to perform a classification and compensation study for City in accordance with the terms of the Proposal. 3. City agrees to type all class specifications. 4. City agrees to provide the Contractor with the services of the Personnel Analyst. 5. Consultant agrees to perform the following: 5.1 Results oriented class specifications. 5.2 A total compensation survey including public agencies with an electric utility and a sample of companies from the private sector. 5.3 A complete classification study with a written response to each challenge to findings and recommendations. 5.4 An informal report on "Organization Observations and Recommendations." Phase II 1. The Consultant agrees to develop and install a pay for performance system for all City positions, after funding approval of the City Council. ' • • Consulting Services Contract Page 7. ATTACHMENT B - PAYMENT SCHEDULE Phase I The City agrees to pay the Consultant $56,000 for these services. The Consultant will bill the City in five invoices of $14,000 (Sept) - $13,000 (Oct) - $12,000 (Nov) - $10,000 (Dec) and $7,000 (upon receipt of final report). Payment is due in 30 days of receipt. Phase II The City agrees to pay the Consultant $30,000 for these services on invoices of $9,000 - $8,000 - $7,000 and $6,000.