HomeMy WebLinkAboutR-1998-047 Agreement / Relcassification Studies / Walsh Moncada / Human Resources•
RESOLUTION NO. R-98- 4 7
A RESOLUTION authorizing the . City Manager and the City Clerk of the City of
Yakima to execute a Consulting Services Agreement with Walsh
Moncada and Company for the purpose of conducting
reclassification studies.
WHEREAS, the City' of Yakima employs a work force of over 600 people: and
WHEREAS, in accordance with the Charter Civil Service Rules and Regulations
and the Yakima Municipal I: Code, the City requires that reclassification studies be
conducted for certain employment positions; and
WHEREAS, the City does not have the staffing levels or specialized expertise
necessary to provide said reclassification studies; and
WHEREAS, Walsh Moncada and Company has the experience and expertise
necessary to perform said reclassification studies; and
WHEREAS, Walsh Moncada and Company has conducted such reclassification
studies for the City during the last several years and is willing to continue to perform
these services in accordance with the attached agreement; and
WHEREAS, the City ;Council deems it to be in the best interest of the City of
Yakima to continue to contract with Walsh Moncada and Company to conduct
reclassification studies in accordance with the terms and conditions of the attached
agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby authorized
and directed to execute the attached and incorporated Consulting Services Agreement
with Walsh Moncada and Company for the purpose of conducting reclassification
studies.
ADOPTED BY THE CITY COUNCIL this 7th day of April, 1998.
ATTEST:
City Clerk
res/H'alsh moncada-98.pm
John Puccinelli, Mayor
CONSULTING SERVICES AGREEMENT
THIS CONSULTING SERVICES AGREEMENT, hereinafter the "Agreement",
is made and entered by and between the City of Yakima, a Washington municipal
corporation, hereinafter the "City", and Walsh Moncada and Company, a Washington
corporation, hereinafter the "Contractor."
WHEREAS, the City finds it necessary to contract with Walsh Moncada and
Company to provide specialized human resources services in performing
classification/reclassification work.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
conditions set forth herein, it is agreed by and between the City and Contractor as
follows:
1. Professional Services. Contractor shall serve as temporary chief examiner for
reclassifications/classification studies and shall perform all of the work, tasks, and
services contained in Attachment "A," Consulting Proposal, which is attached hereto
and incorporated herein by this reference.
2. Term. The term of this Agreement shall be retroactive to January 1, 1998, and
terminate at 12:00 p.m., December 31, 2000, unless sooner terminated by either party in
accordance with Section 11.
3. Consideration. As consideration for the work, tasks, and services performed by
Contractor, the City agrees to compensate Contractor according to the payment
schedule contained within Attachment "A"; provided, however, that after December 31,
1998, the Contractor may request an annual adjustment of the payment schedule. The
City Manager or his designee is empowered to negotiate and agree (if appropriate) to
such an annual adjustment.
4. Status of Contractor. Contractor and the City understand and expressly agree
that Contractor is an independent contractor in the performance of each and every part
of this Agreement. Contractor and its employees shall make no claim of City
employment nor shall claim against the City any related employment benefits, social
security, and/or retirement.
5. Taxes and Assessments. Contractor shall be solely responsible for compensating
its 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
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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, Contractor
shall pay the same before it becomes due.
6. Nondiscrimination. During the performance of this Agreement, Contractor
shall not discriminate 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, and selection for training.
7. Compliance with Law. Contractor 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.
8. No Insurance. It is understood that the City does not maintain liability
insurance on Contractor and/or its employees.
9. Hold Harmless and Indemnity.
a. The Contractor agrees to hold harmless, indemnify, and defend the City,
its elected officials, officers, employees, and agents from and against any and all suits,
actions, claims, liability, damages, judgments, costs and expenses (including reasonable
attorney's fees) which result from or arise out of the sole negligence of Contractor, its
officers, employees, and agents in connection with or incidental to the performance or
non-performance of this Agreement.
b. The City agrees to hold harmless, indemnify, and defend Contractor, its
officers, employees, and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees)
which result from or arise out of the sole negligence of the City, its elected officials,
officers, employees, and agents in connection with or incidental to the performance or
non-performance of this Agreement.
c. In the event that the officials, officers, agents, and/or employees of both
the City and Contractor are negligent, each party shall be liable for its contributory
share of negligence for any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's fees).
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d. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
10. No Assignment. This Agreement, or any interest herein, or claim hereunder,
shall not be assigned or transferred in whole or in part by Contractor 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 Contractor stated herein.
11. Termination. Either party may terminate this Agreement, with or without
cause, by giving the other party thirty (30) calendar days prior written notice of
termination. In the event of termination, the City shall compensate Contractor for the
services rendered through the termination date.
12. Non -Waiver. The waiver of either the City or Contractor of the breach of any
provision of this Agreement by the other party shall not operate and/ or be construed as
a waiver of any subsequent breach by either party or prevent either party thereafter
enforcing such provision.
13. Damages. If for any reason Contractor fails to provide the services specified in
this Agreement and the City is forced to secure such services from another person or
entity, Contractor shall be liable for any and all additional expenses to fulfill their
obligation to the City under this Agreement. This provision shall not serve as a
limitation upon other damages that may be available to the City pursuant to statutory
and/or common law.
14. 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.
15. Integration and Modification. 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. No changes
or additions to this Agreement shall be valid or binding upon either party unless such
change or addition be in writing and executed by both parties
16. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent to the parties to their addresses as follows:
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TO CITY:
TO CONTRACTOR:
Human Resources Officer
City of Yakima
Human Resources Division
129 North 2nd Street
Yakima, WA 98901
President
Walsh Moncada and Company
10715 178th Street S.E.
Snohomish, WA 98926
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. Such
notices shall be deemed effective when mailed or hand delivered at the addresses
specified above.
17. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
18. 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, WASHINGTON WALSH MONCADA AND COMPANY
By: %.
Dick Zais, City -Manager
Dated:�( ,�;
By: C/� 4iT ?i ,��
Erin Walsh Moncada, President
Dated: GV1t12 ,7r' %ll
City Clerk
a
Dated: a--;
City Contract No.
98-47
Resolution No. R-98-47
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STATE OF WASHINGTON )
:ss.
County of W-akcircraieie
I certify that I know or have satisfactory evidence that Erin Walsh Moncada 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 Walsh Moncada and Company to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
AM N A. FOSTER
DATED: ( p..AL> >> j cica/
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NOTARY PUBLIC in and for the State of
Washington, residing at E biteV_` .
My commission expires: ,;-
0 G
Attachment A
Walsh Moncada and Company
Ms. Carol Ann Bates
Chief Examiner
City of Yakima
129 N. Second Street
Yakima, WA 98901
September 2, 1997
RECEIVED
SEP 0 4 1997
Human Resources Division
RE: CONSULTING PROPOSAL FOR CLASSIFICATION AND PAY SERVICES
Dear Carol:
Thank you for sending me the City's standard specification on price increases during the
duration of a multi-year contract. In response to your request for a five-year contract
with us for classification and compensation services, we have updated our existing
contract language and have incorporated appropriate sections on price increases.
Attached is our proposed bid for services in the first twelve-month period, January
through December of 1998. Each classification/reclassification review would include the
following steps:
1. Desk audits of each position (and supervisor, as necessary) to determine current
duties;
2. Updated class specifications for each position, fully compliant with the
Americans With Disabilities Act;
3. A salary survey of local public and private jurisdictions and/or regional public
agencies, as appropriate to the classification under review and as appropriate to
the recruiting base, to measure external market equity;
4. Comparisons of positions within the City of Yakima to evaluate internal equity;
5. Comprehensive allocation reports for each position;
6. And presentations to the Civil Service Commission and/or City Council as
needed.
Provided the classifications and reclassifications are grouped each year to minimize
separate trips, and to enable us to conduct a single salary survey with all classes included,
we will allow approximately 1.5 days of consulting time for each classification action.
The cost of each classification/reclassification, including expenses, will be $ 1,105.00,
locked until December 31, 1998.
10715 178th Street S.E. • Snohomish, WA 98296
(360) 668-8101 • Fax (360) 668-1380
Ms. Carol Bates
September 2, 1997
Page 2
RECEIVED
SEP 0 4 1997
Human Resources Division
We very much appreciate the opportunity to continue to be of service to the City of
Yakima. Thank you for requesting this five-year contract.
Sincerely yours,
Erin Walsh Moncada
President
Certified Compensation Professional
/attachment
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASINGTON
AGENDA STATEMENT
Item No. ' 3
For Meeting Of 4/7 / 98
ITEM TITLE: A resolution authorizing the Execution of a Professional
Services Agreement for Conducting Reclassification Studies
SUBMITTED BY: Carol Bates, Chief Examiner
CONTACT PERSON/TELEPHONE: Carol Bates, x6090
SUMMARY EXPLANATION:
This Resolution authorizes the execution of a Professional Services Agreement
with Walsh Moncada and Company for conducting annual, recurring
reclassification studies in compliance with Chapter IV, Section D, of the Charter
Civil Services Rules and Regulations. This agreement will assist with alleviating
the backlog of reclassifications, which currently exist City wide. The cost of this
service will not exceed $24,350.00. The cost may be accommodated within
existing budget appropriation.
Resolution — OrdinanceContract Other (Specify) Personal Services Contract
Funding Source Personnel
APPROVED FOR SUBMI11 AL:
ty Manager
STAFF RECOMMENDATION: Recommend approval.
BOARD/COMMISSION RECOMMENDATION: Recommend approval.
COUNCIL ACTION: