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037-20 - Synergy Resources Consulting - ContractCITY OF PORT ORCHARD PERSONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 10th day of March, 2020, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And Synergy Resources Consulting, a corporation, organized under the laws of the State of Washington, doing business at: Synergy Resources Consulting (hereinafter the "CONSULTANT") 9116 E. Sprague Ave #439 Spokane Valley, WA 99206 Contact: Amanda Tainio Phone: 509-216-0500 Email: amanda@synergyresourcesconsulting.com for personal services in connection with the following Project: Organizational Assessment and Salary Survey TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall occur on the timeline set forth on Exhibit A, and shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. C. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed, which may be transmitted electronically. If delays of the timeline set forth on Exhibit A beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. 3. Term. This Agreement shall commence on March 10, 2020 ("Commencement Date") and shall terminate December 31, 2020, unless early terminated as provided herein. City of Port Orchard and Synergy Resources Consulting Personal Services Agreement Contract No. C.\Users\Amanda Tainio\Documents\SYNERGY RESOURCES\CITY OF PORT ORCHARD\l--Draft-Personal Services -Synergy-3.10.2020.docx Rev 7/18/2019 1 of 10 4. Compensation. ❑ LUMP SUM. Compensation for these services shall be a Lump Sum of $ X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $30,000 without advance written authorization, and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "A." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit LL A )) ❑ OTHER. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. City of Port Orchard and Synergy Resources Consulting Personal Services Agreement Contract No. C:\Users\Amanda Tainio\Documents\SYNERGY RESOURCES\CITY OF PORT ORCHARD\I--Draft-Personal Services -Synergy-3.10.2020. docx Rev 7/18/2019 2of10 B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub - consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such City of Port Orchard and Synery Resources Consulting Personal Services Agreement Contract No. C:\Users\Amanda Tainio\Documenis\SYNERGY RESOURCES\CITY OF PORT ORCHARD\I—Draft-Personal Services -Synergy-3.I0.2020.docx Rev 7/18/2019 3of10 termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at City of Port Orchard and Synergy Resources Consulting Personal Services Agreement Contract No. C:\Users\AmandaTainio\Docmmts\SYNERGY RESOURCES\CITY OF PORT ORCHARD\1--Draft-Personal Services -Synergy-3.10.2020.docx Rev 7/18/2019 4of10 the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. City of Port Orchard and Synergy Resources Consulting Personal Services Agreement Contract No. C:\Users\Amanda Tainio\Documents\SYNERGY RESOURCES\CITY OF PORT ORCHARD\I—Draft-Personal Services -Synergy-3.10.2020.docx Rev 7/18/2019 5of10 B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. City of Port Orchard and Synergy Resources Consulting Personal Services Agreement Contract No. C:\UserskAm da Tainio\Documents\SYNERGY RESOURCES\CITY OF PORT ORCHARD\1—Draft-Personal Services -Synergy-3.10.2020.docz Rev 7/18/2019 6of10 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 Amanda Tainio Principal Owner 9116 E. Sprague Ave. #439 Spokane Valley, WA 99206 Phone: 509-216-0500 Fax: 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. City of Port Orchard and Synergy Resources Consulting Personal Services Agreement Contract No. C:\Users\Amanda Tainio\Documents\SYNERGY RESOURCES\CITY OF PORT ORCHARD\l--Draft-Personal Services -Synergy-3.10.2020. docx Rev 7/18/2019 7of10 D. Entire Aueement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. City of Port Orchard and Synergy Resources Consulting Personal Services Agreement Contract No. C:\Users\Amanda Tainio\Documents\SYNERGY RESOURCESUTY OF PORT ORCHARD\I—Draft-Personal Services -Synergy-3.10.2020.docx Rev 7/18/2019 8of10 Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the Consultant complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON By: Robert Putaansu Mayor ATTEST/ UTHP4 YCATE: By: ran y lnearson, MMC City Clerk Attorney O VLP O 1 A y% -*CIO SE roc°?d SEA _ ���•TFOF Ui►A`� o CONSULTANT A f LY Name: Amanda Tainio Title: Principal Owner. City of Port Orchard and Synergy Resources Consulting Persona! Services Agreement Contract No. ( 1—SN-nd•I—'...kvPD4141-1ttia—ft\%i,df,,5.INcK40c(t,c'tt_QFdc�k(1}-1MUIC(.}L-.Ii11n-PHt041d_S�7ffiSvtivev-7 IO2024,. tE T#�F 26{BPHxeneFbe�wees ;—P4.Tr 44 t _u-wl6— Rev M V2019 9 of 10 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Synergy Resources Consulting Personal Services Agreement Contract No. C:\Users\AmmdaTainio\Documents\SYNERGY RESOURCES\CITY OF PORT ORCHARD\]--Draft-Personal Services -Synergy-3.10.2020.docx Rev 7/18/2019 10 of 10 SYNERGY RESOURCES CONSULTING EXHIBIT A March 5, 2020 Below is the selected Scope of Service Option #3 for the City of Port Orchard's Organizational Assessment with Salary and Benefit Comparison along with the proposed target dates for an anticipated project completion on or before June 30, 2020. Scope #3 - Not to exceed $30,000 ($100.00 / hour) Organizational Assessment with Salary and Benefit Comparison Includes reasonable travel expenses for one -trip (4 days on -site in Port Orchard). Proposed Target Dates for Scope #3 (Timeline to be adjusted during contract duration, as needed.) • SRC will review existing information provided by ➢ Anticipated Notice to Proceed issuance the City of Port Orchard (2018 salary survey, date: March 11, 2020 current full compensation package information, ➢ City of Port Orchard to supply SRC current salary schedule, current organizational requested City documents on or before chart, job descriptions, AWC Salary Survey, City March 13, 2020 Comprehensive Plan, etc.), as needed, to prepare for the project. • Learn about the City of Port Orchard's compensation philosophy. • Learn about the City of Port Orchard's organization. • Conducting comparable City organizational chart research and providing comparison analysis. • SRC will prepare an employee survey that will cover ➢ Job description review (Directors with position duties and responsibilities, department employees) on or before March 20, information, a SWOT analysis, employee turn -over 2020 and retirement projections, skill surpluses and ➢ Employee survey review and routing: deficiencies, level of service, anticipated City March 23, 2020 - April 3, 2020 changes or projects, training and automation, additional feedback, etc. ➢ Completed surveys returned to SRC on or before April 6, 2020 • The City of Port Orchard will route the survey to all employees and provide completed surveys back to SRC by agreed upon date. • The City of Port Orchard Department Directors will review job descriptions with employees prior to survey. 9116 E. Sprague Ave. #439, Spokane Valley, WA 99206-3601 Page 1 of 3 Phone: 509-216-0500 1 www.SynergyResourcesConsulting.com SYNERGY RESOURCES CONSULTING SRC will travel to the City of Port Orchard (4-5 days on -site) for an escorted site tour and group meeting with the Public Works and Planning / Community Development Departments, as well as conducting individual in -person interviews with the Department Directors, Supervisors / Managers, key personnel, and the Mayor, as needed (approximately 20 - 21 interviews). Information gathered on -site will supplement the research and survey data to provide a deeper understanding of the City of Port Orchard. ➢ SRC on -site in Port Orchard: April 27, 2020 - April 30, 2020 o April 27th, AM (2 hours) - Escorted Site Tour w/ Public Works Director and Community Development Director o April 27th, PM - 1 hour Individual Interviews o April 28th, AM & PM - 1 hour Individual Interviews o April 29th, AM & PM - 1 hour Individual Interviews o April 30th, AM - Group Meeting(s) with the Public Works and Planning / Community Development Departments • SRC will provide recommendations for updating the ➢ May - June 2020 City's salary schedule for 35 positions in 7 departments based on comparisons/ benchmarking of the four (4) comparable cities plus Kitsap County and their positions from the 2018 salary survey. • SRC will provide a comparative review of the job duties with secondary comparables, as needed, for the 1- 2 positions that were not an equivalent match in the 2018 salary survey. • The City of Port Orchard will assist in obtaining data, if needed. • SRC will provide recommendations for updating the City's benefit package based on comparisons/ benchmarking of the four (4) comparable cities plus Kitsap County from the 2018 salary survey with each of the various benefits (health insurance, life insurance, LTD/STD, time off, Flex, HRA VEBA and retirement), compared to the equivalent benefit(s). • The City of Port Orchard will gather the benefit info and route the salary and benefit survey form to the five (5) comparable jurisdictions identified above. ➢ May-June202O ➢ Salary and Benefit Survey (5 comparable jurisdictions): Anticipated by early May 2020 9116 E. Sprague Ave. #439, Spokane Valley, WA 99206-3601 Page 2 of 3 Phone: 509-216-0500 1 www.SynergyResourcesConsulting.com S Y N E R G Y RESOURCES CONSULTING • SRC will present a summary of project findings via conference call. ➢ June 2020 • SRC will prepare a report for the project that ➢ Report to be completed on or before includes the basis/ background/ explanation/ June 30, 2020 justification for all recommendations and will provide a roadmap for each department's organizational structure, including what the future staffing needs will be for the next 5 - 10 years. Deliverables will include: o Identifying the City's current organizational structure and comparisons to other comparable municipalities. o Identifying critical skills and abilities (gap analysis) through an expanded analytical analysis process with in -person interviews. o A refresh of the 2018 salary survey with additional comparative review for the 1- 2 positions that were not an equivalent match in the 2018 salary survey. o A benefit comparison to the five (5) comparable jurisdictions identified. • Additional focus will be conducted on the functions of Public Works and Planning / Community Development. 9116 E. Sprague Ave. #439, Spokane Valley, WA 99206-3601 Page 3 of 3 Phone: 509-216-0500 1 www.SynergyResourcesConsulting.com