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HomeMy WebLinkAboutR-2001-035 AJ Consultants Agreement (re: employee support services)RESOLUTION NO. R-200145 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Consultant Services Agreement between the City of Yakima and AJ Consultants for the purpose of obtaining employee support services. WHEREAS, the City desires professional services to provide employee support services including, employee counseling, staff development, and communications and program promotions; and WHEREAS, the City does not have the staffing levels or specialized expertise necessary for said employee support services; and WHEREAS, the City has previously contracted with AJ Consultants for said employee support services; and WHEREAS, AJ Consultants has the expertise and experience necessary to provide said employee support services and is willing to continue to provide said employee support services in accordance with the terms and conditions of the attached Consultant Services Agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with AJ Consultants to utilize their experience and expertise in accordance with the terms and conditions of the attached Consultant Services Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Consultant Services Agreement with AJ Consultants for the purposes of obtaining employee support services. ADOPTED BY THE CITY COUNCIL this 90711day of 2001. ?XiG /ger,/ ATTEST: Mr Place, Mayor City Clerk CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima, a municipal corporation, herein referred to as the "City," and AJ Consultants, Inc., a Washington nonprofit corporation, herein referred to as "Consultant." WHEREAS, the City desires employee support services including employee counseling, staff development, and communications and program promotions; and WHEREAS, the Consultant has the experience and expertise necessary to provide said employee support services, has done so in the past, and is willing to continue to provide employee support services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Consultant as follows: 1. Services. The Consultant shall provide to the City employee support services described in Section I, Attachment "A," which is hereby incorporated into this Agreement. The City shall provide to the Consultant the services and items described in Section II, Attachment "A," which is incorporated into this Agreement. 2. Consideration. As consideration for the work, tasks, and services performed by Consultant, and except for "additional services" described in Section 3 and Attachment "B," the City agrees to compensate the Consultant at the rate of Twenty Two Dollars and Fifty Cents ($22.50) per employee per year, covering six hundred (600) employees, for a total of Thirteen Thousand, Five Hundred Dollars ($13,500.00) per year. Consultant shall submit satisfactory documentation (invoices/billings) to the City on a monthly basis at a rate of One Thousand, One Hundred and Twenty Five Dollars ($1,125.00), to be paid by the 10th day of the following month. Modification of the total number of employees covered will be reviewed on a quarterly basis and adjustments made accordingly. 3. Additional Services. During the term of this Agreement, the City and Consultant may mutually agree upon the performance of additional services as described in Attachment "B." Consultant shall be compensated for additional services at the rate of Seventy Five Dollars ($75.00) per hour. Any such additional services shall be governed by the terms and conditions of this Agreement. 4. Term. The term of this Agreement shall commence on January 1, 2001, and terminate at midnight, December 31, 2001, unless sooner terminated by either party in accordance with Section 15; provided, however, that the City has the option, at its discretion, to renegotiate this Agreement for an additional three (3) years. 5. Status of Consultant. Consultant and the City understand and expressly agree that Salvation Army is an independent contractor in the performance of each and every part of this Agreement. Consultant, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, Consultant, its officers, agents and employees shall make no Page 1 of 5 (lk)agr/AJ con. ltsnts claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Consultant or any officer, employee or agent of Consultant andtheCity. 6. Right to Inspect and/or Audit Financial Records. Consultant shall maintain records and documents necessary to assure the proper accounting of all funds paid to Consultant pursuant to this Agreement. The City or any of its duly authorized representatives shall have a right to access such records and documents for the purpose of making an inspection, an audit and/or copies. All such records and documents shall be retained and available for inspection, audit and copying by the City during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. In the event that any such inspection or audit identifies any discrepancy in the accounting of funds paid to Consultant under this Agreement, Consultant shall provide the City with appropriate written clarification and financial adjustment within thirty (30) calendar days of notification from the City of the discrepancy. 7. Taxes and Assessments. Consultant shall be solely responsible for compensating its officers, agents and employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Consultant shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, Consultant shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 9. The Americans With Disabilities Act. Consultant agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 10. Compliance With Law. Consultant agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 11. No Insurance. It is understood the City does not maintain liability insurance for Consultant, its officers, agents and/or employees. Page 2 of 5 (Ik)agr/N consultants 12. Indemnification. Consultant agrees to protect, defend, indemnify, and hold harmless the City, its agents, officers, employees and elected officials from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorneys' fees and disbursements) arising directly or indirectly from or out of, relating to, or in any way connected with activities undertaken by the Consultant pursuant to this Agreement. 13. Professional Liability Insurance Provided by Consultant. On or before the date this Agreement is fully executed by the parties, Consultant shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 2001, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. 14. Delegation of Professional Services. The services provided for herein shall be perfonned by Consultant, and no person other than regular associates or employees of Consultant shall be engaged upon such work or services except upon written approval of the City. 15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Consultant to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Consultant stated herein. 16. Non -Waiver. The waiver by Consultant or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 17. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 18. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party sixty (60) days prior written notice of termination. 19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: Page 3 of 5 (lklagr/h) consultants Director of Human Resources City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 STATE OF WASHINGTON :ss. County of Yakima I certify that I know or have satisfactory evidence that Janice M. Burke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the President of AJ Consultants, Inc., a Washington nonprofit corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: / 7/0 Page 5 of 5 (Ikl.gr/AJ consultants NOTARY PUBLIC in and for the State of Waysshii�ngton, residing at (1/41-4 117-V My �`1commission expires: '/ TO CONSULTANT: Director AJ Consultants, Inc. 32 North 3rd Street, Room 310 Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 20. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 21. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: Date: Dick Zais, City anager City Contract No. 2001-1 Resolution No. R-2001-35 Page 4 of 5 lkl.gr,M consultant. AJ CONSULTANTS, INC. By: Date: 1/I / L Nf. Burke, President `-/.91/0 Attachment A: Services Provided to City of Yakima/Full Service EAP Contract 1. AJ Consultants The fallowing describes the services contracted for under AT Consultants full service Employee Assistance Program. These services will be available to all City of Yakima employees and their families. A. Individual Assessment and Referral/Short-term Counseling: 1. Telephone interviews -information, appointments, service descriptions 2. Assessment of presenting problem 3. Short-term counseling if appropriate (4 sessions per access at no charge to client) 4. Referral to outside agency for more in-depth counseling services (cost to be covered by client or employer's insurance) 5. Follow-up with client to monitor progress 6. Evaluation of client satisfaction B. Staff Development: 1. EAP orientation for all new employees (as requested) 2. Supervisory training for management personnel (2 hours training, as requested) 3. Wellness or in-service presentations (as requested) 4. Supervisor consultation services 5. EAP informational presentations at staff meetings, union meetings, and other in-service opportunities (as requested) C. Advisory Committee: Regular meetings between a representative of AJ Consultants and employees selected by the employer to: 1. Review program usage 2. Solicit input to improve program and service delivery 3. Calendar activities and promotions 4. Develop needed policies D. Communications and Program Promotions: 1. Promotional materials will be provided in the form of posters, wallet cards, and Questions & Answers EAP Brochures 2. AJ's Cornerstones, an EAP newsletter, will be mailed directly to employee homes on a quarterly basis 3. Topical inserts included in the City of Yakima Employee Newsletter 4. Summary Reports of program usage will be presented at a quarterly meeting 5. Year End Reports will be provided at the end of each contract year II. City Of Yakima The following describes the services the City of Yakima will provide to AJ Consultants for the length of the contract. A. A complete list of all employees, home addresses, and phone numbers. B. One set of mailing labels with home addresses of all employees per quarter. C. Availability of selected employees to serve on the EAP Advisory Committee to meet quarterly with a representative from AJ Consultants D. Quarterly personnel review to establish total number of employees covered. E. A copy of the City of Yakima drug and alcohol policy and EAP referral policy. Attachment B: Optional Human Resource. Consulting, and Training Services AJ Consultants is a private nonprofit human resource, consulting, and training firm. We offer a wide variety of services designed to optimize human potential and enhance organizational effectiveness. AJ Consultants will work collaboratively with you to design and implement a customized management and organization development program to meet your individual needs. Our services include: Management Consulting Strategic Planning Trainings Conflict Management and Resolution Leadership Development Board Development Communication Skills Facilitation Skills Participative Management Managing Diversity Organization Development Quality Improvement Team Building Organizational Change Process Consultation Organizational Diagnosis Organization Redesign Survey Feedback BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 2-20-01 ITEM TITLE: A Resolution authorizing the execution of a contract with A.J. Consultant for the Employee Assistant Program SUBMITTED BY: Archie M. Sutton, Human Resource Manager CONTACT PERSON/TELEPHONE: Archie M. Sutton, x6090 SUMMARY EXPLANATION: The purpose of this resolution is to enter into a contract with A. J. Consultants for the continued Employee Assistance Program services for City of Yakima staff, employees and Random Drug Testing SAP. The contract period shall be effective January 1, 2001 through December 31, 2003, unless terminated by either party. The contract financial compensation shall remain the same as the 2000 contract year. Cost per employee shall be twenty-two dollars and fifty -cents ($22.50) per year, covering six hundred (600) employees, for a total of Thirteen Thousand, Two Hundred Dollars ($13,500.00) per year. Consultant shall submit satisfactory documentation (invoices/billings) to the City on a monthly basis at a rate of One Thousand, One hundred Twenty -Five Dollars ($1,125.00), to be paid by the 10th day of the following month. Resolution X Ordinance Contract X Other (Specify) Funding Source Employee Assistance Program- 516-656 APPROVED FOR SUBMITTAL / /4C/L7 City Manager STAFF RECOMMENDATION: Enact Resolution Authorizing the Execution of the contract with A. J. Consultants for Employee Assistance Services. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-35