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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 Page 1 of 5 (1k)agr/walsh-moncada-98-pm 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). Page,2 of 5 (lk)agr/ walsh-moncada-98-pm 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: Page 3 of 5 (]k) agr/walsh-moncada-98-pm 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 Page 4 of 5 (1k)agr/walsh-moncada-98-pm 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/ Page 5 of 5 (1k)agr/ walsh-moncada-98-pm 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: