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Home My WebLink AboutCarlson Dettmann Consulting/pay plan services 2015PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF OSHKOSH, WI AND CARLSON DETTMANN CONSULTING, LLC This professional service agreement (hereinafter the "Agreement") is made and entered into by and between the City of Oshkosh, WI (hereinafter "the City") and Carlson Dettmann Consulting, LLC, a Wisconsin limited-liability company (hereinafter "Consultant"). WHEREAS, Consultant assisted the City in developing its current pay plan; and WHEREAS, labor markets in the region have changed substantially, and the City is concerned about continuing market competitiveness; and WHEREAS, the City wishes to enter into an agreement with Consultant to provide professional consulting services for market measurement and pay plan management services. THEREFORE, the City and Consultant agree to the following: Term. The term of this Agreement shall be from date of signing until all services are completed and then terminated by the City or the Consultant. 2. Scope of Services. The Consultant shall provide to the City consulting services as follows: a) Market study update. Consultant will measure labor markets for the City using the benchmark jobs and public sector organizations measured in the most recent study. Consultant will include data that reflect private sector benchmarks from its data library for those jobs that it can match. All data will be provided in summary form by November 15, 2015. b) Consultant will provide a revised pay plan structure for 2016 based upon the market study. c) Consultant will conduct job evaluation reviews as requested by the City for positions it concludes have experienced a substantial change in duties since the most recent pay study and recommend pay plan placement. d) At no additional cost, Consultant will conduct a review of market conditions for the City Manager's position. Consultant will meet with the City Council to discuss findings and recommend possible modifications to employment agreement, subject to Council approval. e) In conjunction with or as a result of the reviews conducted and recommendations provided, the Consultant will also assess the FLSA status of any positions relative to the proposed "EAP" or "white collar" pay threshold exemption legislation. Consultant will recommend status change considerations that are in conflict with the new standard. 3. Fees. The City shall pay the Consultant at the following rates for services agreed upon: a) Market study update. The professional fee for the market review portion of the project shall be $20,000. Positions submitted to Consultant forjob evaluation, per 2(c), shall be charged at $250 per evaluation. b) Consultant services agreed upon that are greater than the scope of this Agreement shall be at Consultant's normal rates unless agreed upon otherwise by the City and Consultant. The normal hourly rates for Consultant are: Carlson - $250/hr. Glynn - $200/hr. Bidwell - $175/hr. c) The City will reimburse Consultant for "out-of-pocket" expenses for mileage, meals, or lodging as required for meeting attendance on the City's behalf. 4. Performance Requirements of Consultant. The Consultant shall complete the services as stated above. The Consultant shall furnish all labor, materials, administration, services, supplies, equipment, transportation, and quality control necessary to provide professional consulting services. Consultant shall provide progress reports upon request by the City. 5. Performance Requirements of City. The City shall provide and make available to the Consultant access to its human resources and related systems of record as necessary to fulfill said services. 6. Independent Contractor. It is mutually understood and agreed, and it is the intent of the parties hereto, that an independent contractor relationship be and is hereby established under the terms and conditions of this Agreement. The Consultant shall remain an independent contractor under this Agreement. All employees of Consultant or subcontractors shall remain the responsibility of the Consultant and shall not become employees of the City under this Agreement. No tenure or any rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, withholding taxes or other benefits available to City employees shall accrue to the Consultant or its employees performing services under this Agreement. 7. Indemnification. The Consultant agrees it shall defend, indemnify, and hold harmless the City, its officers, and its employees against any and all liability, losses, costs, damages, and expenses, including attorney fees that the City, its officers or its employees, may hereafter sustain, incur or be required to pay arising out of the negligent or intentionaf acts or omissions of the Consultant, its officers or employees. The City agrees it shall defend, indemnify, and hold harmfess the Consultant, its officers, and its employees against any and all liability, losses, costs, damages, and expenses, including attorney fees that the Consultant, its officers or its employees, may hereafter sustain, incur or be required to pay arising out of the negligent or intentional acts or omissions of the City, its officers or employees. 8. Trade Secrets. The Carlson Dettmann Point Factor Job Evaluation System and methodology, marketplace surveys perFormed, Total Rewards Management System, and job point evaluation data collected and analyzed to perForm the Scope of Services is owned by Consultant, is confidential and proprietary, and is a trade secret pursuant to Wis. Stats. s. 134.90. Client (including its officers, employees, agents and representatives) shall not disclose, disseminate, or otherwise misappropriate these trade secrets without the express consent of Consultant. 9. Applicable Law. Item #8 as well as the balance of this Agreement shall be subject to the consideration required in order to comply with the Wisconsin Open Records law and shall be governed by and construed in accordance with all other laws of the State of Wisconsin in effect on the date of this Agreement. 10.Assignment. Neither party to this Agreement may assign or transfer this Agreement, or any part thereof, without the written consent of the other party. 11. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of the Agreement. The remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance. 12. Bindinq Effect. This Agreement shall extend to and be binding upon and inure to the benefit of the parties. 13. Entire Agreement. This Agreement sets forth the entire understanding of the parties and supersedes all prior arrangements and/or understandings, whether written or oral, wifh respect to the subject matter contained in this Agreement. No terms, conditions, warranties, other than those contained herein, and no amendments or modifications hereto shall be binding unless made in writing and signed by the City and the Consultant. CITY OF OSHKOSH, WI CARLSON DETTMANN CONSULTING, LLC : ��'----� : M�rk A. Rohloff, City Manager Charles E. Carlson, Partner Date: Date: � � /` 3 � �� PROFESSfONAL SERVICE AGREEMENT ***AMENDMENT*** BETWEEN THE CITY OF OSHKOSH, WI AND CARLSON DETTMANN CONSULTING, LLC The professional service agreement (hereinafter the "Agreement") entered into by and between the City of Oshkosh, WI (hereinafter "the City") and Carlson Dettmann Consulting, LLC, a Wisconsin limited-liability company (hereinafter "Consultant") on 10/13/15 (attached), is hereby amended in order to extend the same services and terms illustrated in the original agreement to the Oshkosh Public Library for an additional base sum of $4,500. The City will be invoiced by the Consultant for the total amount due from each client, and any cost recovery required by the City from the Oshkosh Public Library for this amendment, will be managed by the City. CITY OF OSHKOSH, Wl : , %�-- �l'��°t� M�ark A. Rohloff, City Manager Date: CARLSON DETTMANN CONSULTING, LLC : C Date: , Partner �o fz�-� ��