HomeMy Public PortalAbout162-2004 - BOW and Wagoner, Irwin, Scheeley and Assoc.PROFESSIONAL CONSULTING SERVICES, AGREEMENT
THIS AGREEMENT made and entered into this 36t!day of 2004 and known
as Contract No. 162-2004, by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as
the "City") and Waggoner, Irwin, Scheele & Associates, 118 South Franklin, Muncie, Indiana
47305 (hereinafter referred to as the "Consultant").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby retains Consultant to provide professional consulting services in connection with City
Personnel, Consultant shall perforrii all services described on "Exhibit A," which exhibit is
attached hereto, hereby incorporated by reference and made a part of this Agreement.
The Consultant shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No work shall commence until the City is in receipt of any required bonds and certificates of
insurance, and until a purchase, order has been issued by the Purchasing Department.
SECI,10, N r 11. STATUS OF CONSULTANT
Consultant shall be deemed to be an independent contractor and is not an employee or agent of'
the City of Richmond. The Consultant shall provide, at its own expense, competent supervision
of the work,
SECTION 111. COMPENSATION
City shall pay Consultant fees billed at an hourly rate not to exceed those outlined in "Exhibit A"
for the complete and satisfactory performance of all work described therein.
SECTION IV, TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until completion of the project.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Consultant to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Consultant to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c, ineffective or improper use of funds provided under this Agreement;
d., suspension or termination of the grant funding to the City under which this Agreement
is made-, or
Contract No. 162-2004
Page 1 of 4
e. unavailability of sufficient funds to make payment on this Agreement,
In the event of such termination, the City shall be required to make payment for all work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
I'his Agreement may also be terminated by either the City or the Consultant, in whole or in part,
by mutual Agreement setting forth the reasons for such termination, the effective date, and in the
case of partial termination, the portion to, be terminated.
'E
SEC,riON V, RIN—D—E—M—N—IFTICA-1-10—N—AND 1NSURA"*C
Consultant agrees to obtain insurance and to indemnify the City for any damage or inwqury to
person or property or any other claims which may arise from the Consultant's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Consultant liable for acts
of the City, its officers, agents, or employees. Consultant Shall as a prerequisite to, this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Consultant's operations under this
Agreement, whether such operations by the Consultant or by any sub -Consultants or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts, the Consultant may
be held responsible.
c2YEM
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C.I. Comprehensive General Liability
Section 1, Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section I. Bodily Injury
Section 2. Property Damage
E. Comprehensive Umbrella Liability
SECTION VI,
MISMIUMM
Mffit�ts
Statutory
$100,000
$300,000 each occurrence
$300,000 aggregate
$100,000 each occurrence
$300,000 each person
S300,000 each occurrence
$100,000 each occurrence
$ 1,000,000 each occurrence
$1,000,000 each aggregate
$,51", , 0.,
Page 2 of 4
Consultant shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Consultant has complied with Indiana
Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Consultant is an out of state employer and
therefore subject to another state's worker's compensation law, Consultant may choose to comply
with all provisions of its home state's worker's compensation law and provide the City proof of
such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation
Law,
SECTION VIL PROHIBITION AGMNST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Consultant, any SUb-Consultant, or any person
acting on behalf of Consultant or any sub -Consultant shall not discriminate against any
employee or applicant for employment to be employed in the perfori-riance of this
Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or
any matter directly or indirectly related to employment, because of race, religion, color,
sex, disability, national origin, or ancestry.
13, Pursuant to Indiana Code 5-16-6-1, the Consultant agrees:
That in the hiring of employees for the perfonnancc of work under this
Agreement of any subcontract hereunder, Consultant, any sub -Consultant, or any
person acting on behalf of Consultant or any sub -Consultant, shall not
discriminate by reason of race, religion, color, sex, national origin or ancestry
against any citizen of the State of Indiana who is qualified and available to
perform the work to which the employment relates;
1 That Consultant, any sub -Consultant, or any person action on behalf of
Consultant or any sub -Consultant shall in no manner discriminate against or
intimidate any employee hired for the performance of work Linder this Agreement
on account of race, religion, color, sex, national origin or ancestry;
That there may be deducted from the amount payable to Consultant by the City
under this Agreement, a penalty of five dollars ($5,00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement,
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be mill and
void. This, Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire.
Agrectnent between the parties, although it may be altered or amended in whole or in part at any,
time by filing with the Agreement a written instrument setting forth such changes signed by both
09�
parties. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Consultant is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit 01- Superior Courts of Wayne County, Indiana, regardless of, any right
Consultant may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Consultant, and in addition to any other darnages
or remedies, Consultant shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
� .. John Denny, Chairman
Date:
APPROVED:
Sarah L, Dutton, Mayor
Date:
"CONSULTANT"
WAGGONER, IRWIN, SCHEELE &
ASSOCES, INC,
Title:
. . .............
Date:
LETTER OF ENGAGEMENT AMENDMENT
CITY OiF RICHMOND INDIANA
The City of Richmond, Indiana (City) hereby amends, letter of engagement,
dated April 13, 1994 with the firm of Waggoner, Irwin, Scheele & Associates
Inc. (WIS).
The following professional consulting services shall be provided according to the
terms and conditions specified:
Action Steps
1. Review Salary Ordinance, Policies, Union Agreements
Consultants will review existing City of Richmond salary ordinance
specifying representative job titles, policies, union agreements, past
practices, and status of updating job descriptions.
2. Develop Project Work Plan, Schedule, Questionnaires
Consultants will prepare a written project work plan and schedule.
3. Conduct Project Briefing Meetings/Mayor/Department Heads
Consultants will conduct a project briefing meeting with Mayor and
department Heads for the purpose of reviewing scope of work.
Interviews will be held with department heads to obtain organizational
information,
4. New Job Descriptions
Consultants will conduct briefing meetings with City department heads
who are responsible for supervising departments under the authority of
the Mayor and Clerk -Treasurer to obtain organizational information.
Consultants will prepare new job descriptions for positions as determined
by the City. Job descriptions will be classified using the Factor Evaluation
System (FES) of job classification:
(FES) Job Categories
Professional, Administrative, Technological (PAT)
Computer, Office Machine Operator, Technician (CC)MOT)
Labor, Trades, Crafts (LTC)
Protective Occupations, Law Enforcement (POLE)
Supervisors and Managers (SAM)
Executive (EXE)
1
0
RI
im
A Job Questionnaire will be provided for use in gathering job
information from employees.
Distribute Job Questionnaire for employee completion. Using the
completed questionnaire, consultants will prepare a draft job description
and return to supervisors and employees for review. Once reviewed, a
final description will be prepared for each position, copies will be made
for each department, and (2) bound sets will be submitted to the City.
New job descriptions will be prepared to provide detailed information to:
a. include sufficient information respective of job duties, job
requirements, skills, knowledge, responsibility, judgment, mental
and physical demands, and personal relationships to reliably
classify the position.
b, provide documentation for several state and federal employment
laws; i.e., , Fair Labor Standards, Act (FLEA), Americans with
Disabilities Act (ADA), Family and Medical Leave Act (FMLA).
C. specify work schedules, dates, and employee acknowledgment.
Conduct FLEA Analysis
An assessment of FLSA "exempt" and "non-exempt" status of each
position will be conducted. Recormnendations will be made respective of
classification status.
Conduct Job Classification/Compensation Analysis
Consultants will point -factor each job description using FES guidecharts.
A salary analysis (internal and external) will be conducted pairing factor
points to current salaries to identify any internal pay inequities, in
addition to a salary survey of comparable positions in the external
market.
This compensation analysis will include an external analysis of elected
official positions.
Maintenance Plan
A job classification maintenance plan will be presented for City use to
maintain job descriptions, job classification and compensation system. It
is designed for ease in use and understanding for both department heads
and employees,
N
11. OPERA'rIONS REVIEW
12-8-1-ki
1. Operations Survey
An Operations
Survey will
be prepared. This survey
will include factors
to be reviewed
including volume
of work operations,,
work assignments,
and schedules,
equipment,
and use of technologies.
In addition,
questions will
be designed
to gain information regarding the work
environment and methods
for improving the delivery
of public services.
Distribute Operations Survey for employee completion.
2. Catalog Operations Review Responses
Consultants will catalog employee responses to Survey Questionnaire, and
department head recommendations for improving operations. Responses
will be summarized in the efficiency operations review report.
3. Comparative Survey
Consultants will conduct a survey and make a comparative analysis of
other Indiana counties, collecting data e.g. finance, geographic factors,
use of technologies, growth projections, composition of Workforce.
4. Draft Efficiency/ Operations Review Report
Consultants will prepare a draft efficiency/operations report specifying
preliminary findings,
S. Prepare Final Report
Consultants will prepare a final efficiency/ operations report specifying
findings and recommendations.
Fees will be billed hourly at the rates, plus travel expense reimbursement:
Principal: $8500
Sr. Consultant: $65.,00
Consultant: $40.0,0
Mileage: $0.34 per mile
Lodging: per receipts
Per diem: 24.00 per day
N
Upon request by the City, consultants will assist City in developing and administering
personnel policies, procedures, forms, supervisor training; conducting research,
supervisor training, internal investigations, and providing consultation. Fees for
additionally requested consulting services will be billed at the above hourly rates, plus
travel expense reimbursement,
This amendment to the letter of engagement dated April 13, 1994 is approved by the
City of Richmond, Indiana this day of N" L) cL 2004.
11;
WAGGONER, IRWIN, SCHEELE
& ASSOCIATES, INC
118 SOUTH FRANKLIN
MUNCIE. INDIANA 47305
4
LETTER OF ENGAGEMENT AMENDMENT
CITY OF RICHMOND, INDIANA
The City of Richmond, Indiana (City) hereby amends letter of engagement,
dated April 13, 1994 with the firm of Waggoner, Irwin, Scheele & Associate's
Inc., (WIS).
The following professional consulting services shall be provided according to the
terms and conditions, specified:
Action Steps
1. Review Salary ordinance, Policies, Union Agreements
Consultants will review existing City of' Richmond salary ordinance
specifying representative job titles, policies, union agreements, past
practices, and status of updating job descriptions.
2. Develop Project Work Plan, Schedule, Questionnaires
Consultants will prepare a written project work plan and schedule.
3. Conduct Project Briefing Meetings/Mayor/Department Heads
Consultants will conduct a project briefing meeting with Mayor and
department fleads for the purpose of reviewing scope of work.
Interviews will be held with department heads to obtain organizational
information.
4. New Job Descriptions
Consultants will conduct briefing meetings with City department heads
who are responsible for supervising departments under the authority of
the Mayor and Clerk -Treasurer to obtain organizational information,
Consultants will prepare new job descriptions for positions as determined
by the City. Job descriptions will be classified using the Factor Evaluation
System (FES) of job classification:
(FES) Job Categories
Professional, Administrative, Technological (PAT)
Computer, Office Machine Operator, Technician (COMOT)
Labor, Trades, Crafts (LTC)
Protective Occupations, Law Enforcement (POLE)
Supervisors and Managers (SAM)
Executive (EXE)
U
5.
6,.
7.
A Job Questionnaire will be provided for use in gathering job
information from employees.
Distribute Job Questionnaire for employee completion. Using the
completed questionnaire, consultants will prepare a draft job description
and return to supervisors and employees for review. Once reviewed, a
final description will be prepared for each position; copies will be made
for each department, and (2) bound sets will be submitted to the City.
New job descriptions will be prepared to provide detailed information to.
a. include sufficient information respective of job duties, job
requirements, skills, knowledge, responsibility, judgment, mental
and physical demands, and personal relationships to reliably
classify the position.
K provide documentation for several state and federal, employment
laws; i.e. Fair Labor Standards Act (FLSA), Americans with
Disabilities Act (ADA), Family and Medical Leave Act (FMLA).
C. specify work schedules, dates, and employee acknowledgment,
Conduct FLSA Analysis
An assessment of FLSA "exempt" and "non-exempt" status of each
position will be conducted. Recommendations will be made respective of
classification status.
Conduct Job Classification/Compensation Analysis
Consultants will point -factor each job description using FES guidecharts.
A salary analysis (internal and external) will be conducted pairing factor
points to current salaries to identify any internal pay inequities, in
addition to a salary survey of comparable positions in the external
market.
This compensation analysis will include an external analysis of elected
official positions.
Maintenance Plan
A job classification maintenance plan will be presented for City use to
maintain job descriptions,, job classification and compensation system. It
is designed for ease in use and understanding for both department heads
and employees.
2
11. OPERATIONS REVIEW
FEES
I. Operations Survey
An Operations
Survey will
be prepared. This survey
will include factors
to be reviewed
including volume
of work operations,
work assignments
and schedules,
equipment,
and use of technologies.
In addition,
questions will
be designed
to gain information regarding the: work
environment and
methods
for improving the delivery
of public services.
Distribute Operations Survey for employee completion.
2. Catalog Operations Review Responses
Consultants will catalog employee responses to Survey Questioimaire, and
department head recommendations for improving operations. Responses
will be summarized in the efficiency operations review report.
3. Comparative Survey
Consultants will conduct a survey and make a comparative analysis of
other Indiana counties, collecting data e.g. finance, geographic factors,
use of technologies, growth projections, composition of workforce,
4. Draft Efficiency/Operations Review Report
Consultants will prepare a draft efficiency/ ope ratio ns report specifying
preliminary findings.
S. Prepare Final Report
Consultants will prepare a final efficiency/operations report specifying
findings and recommendations.
Fees will be billed hourly at the rates, plus travel expense reimbursement:
Principal: $85,00
Sr. Consultant: $65.00
Consultant: $40.00
TRAVEL REIMBURSEMENT
Mileage: $0.34 per mile
Lodging: per receipts
Per diem: $24.00 per day
N
A,
111. ADDITIONALLY REQUESTED CONSULTING SERVICES
Upon request by the City, consultants will assist City in developing and administering
personnel policies, procedures, forms, supervisor training; conducting research,
supervisor training, internal invest igatio,ns, and providing consultation. Fees for
additionally requested consulting services will be billed at the above hourly rates, plus
travel expense reimbursement.
This amendment to the letter of engagement dated April 13, 1994 is approved by the
City of Richmond, Indiana this day ofD_L, r 2004
10