HomeMy WebLinkAboutR-2002-101 RHW Consulting Services AgreementRESOLUTION NO. R 2002 -101
A RESOLUTION authorizing and directing the City Manager to execute an
agreement for professional services between the City of Yakima
and RHW Consulting Services for the purpose of performing
human resources/management consulting services.
WHEREAS, the City employs a work force of over 600 people; and
WHEREAS, the City has been unable to meet the organization's needs for
such services as supervisory skills training; training in conducting performance
evaluations and disciplinary actions; drafting policies and procedures; updating
civil service rules and regulations; conducting selected recruitment efforts; and other
specific projects as identified by the City; and
WHEREAS, RHW Consulting Services, has the experience and expertise to
provide the necessary human resources/management consulting services and is
willing to do so in accordance with the terms and conditions of the attached
consulting services agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into the attached agreement with RHW Consulting Services for
professional human resources services, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached
and incorporated agreement by RHW Consulting Services for performing human
resources/management consulting services.
ADOPTED BY THE CITY COUNCIL this 6th day of August, 2002.
ATTEST: ary Place, Mayor
City Clerk
(lk)res/RHW consulting services
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 RHW Consulting Services, a Washington limited liability
corporation, (hereinafter the "Consultant.")
WHEREAS, the City requires additional professional human resources; and
WHEREAS, the City desires to utilize a professional consultant to assist in providing a
variety of different human resources functions; and
WHEREAS, Consultant is willing to provide human resources administrative services in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions
set forth herein, it is agreed by and between the City and Consultant as follows:
1. Professional Services. Consultant shall provide the City with specialized human
resources services described in the Consultant's Proposal, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by this reference.
2. Resolution of Conflicting Language. Any inconsistencies or conflicts between the
language of this Agreement and the Proposal shall be resolved in the following order: the
language of the Agreement shall prevail over the language of the Proposal.
3. Term. The term of this Agreement shall commence upon full execution of this
Agreement by the parties and shall continue until December 31, 2003 unless sooner terminated
by either party in accordance with Section 21 of this Agreement.
4. Compensation.
a. Compensation for Services. As consideration for the professional services
performed pursuant to this Agreement, the City agrees to compensate the Consultant the flat
rate of Sixty Five Dollars per hour ($65.00) or as negotiated on a individual project basis for
satisfactory completion of the services described in Exhibit A, including all taxes, insurance,
costs and expenses.
b. Payment for Compensation. The City shall make payment to the Consultant
within thirty (30) calendar days upon completion of the recruitment services described in
Exhibit A. Said payment is expressly conditioned upon the Consultant providing services
hereunder which are satisfactory to the City.
c. Payment in the Event of Termination. In the event that either party terminates this
Agreement under Section 20, the Consultant shall be compensated on a pro -rata basis for all
satisfactory services provided to the City under this Agreement up to the effective termination
date.
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d. Maintenance of Financial Records/Documents. When requested to do so by City
representatives, the Consultant shall make the cost records, accounts and related financial
documents pertaining to this Agreement available for inspection by City representatives during
the term of this Agreement and for a period of three (3) years following the final payment to the
Consultant by the City. In the event that any audit or inspection identifies any discrepancy in
such financial records, the Consultant shall provide the City with appropriate clarification
and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy.
5. Additional Services. The City may request additional services beyond those described
in Exhibit A. In such event, the City Manager (or his designee) is authorized to negotiate a
mutually agreeable sum for such additional services. A description of the additional services
and consideration shall be reduced to writing in a document signed by the parties. This
document shall be made an addendum to this Agreement.
6. Status of Consultant. Consultant and the City understand and expressly agree that
Consultant is an independent Consultant 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. Consultant shall
make no 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 and the City.
7. Taxes and Assessments. Consultant 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 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. During the performance of this Agreement, Consultant 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 in violation of
any applicable federal, state and/or local law and/or regulation. 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. The Consultant shall 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, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services, and telecommunications.
10. Compliance with Law. Consultant agrees to perform all services under and pursuant to
this Agreement in full compliance with any and all applicable laws, rules, and regulations
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adopted or promulgated by any governmental agency or regulatory body, whether federal,
state, local, or otherwise.
11. No Conflict of Interest. Consultant represents that it does not have any interest and
shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this Agreement. Consultant further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
12. No Insurance. It is understood that the City does not maintain liability insurance for
Consultant.
13. Hold Harmless and Indemnity.
a. Consultant agrees to protect, defend, indemnify, and hold harmless the City, its
elected officials, officers, employees and agents from any and all claims, demands, losses, liens,
liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and
expenses (including reasonable attorneys' fees and disbursements) caused by or occurring by
reason of any negligent act, error and/or omission of the Consultant arising out of or in
connection with the performance or non-performance of the services, duties, and obligations
required of the Consultant under this Agreement.
b. In the event that the Consultant and the City are both negligent, the Consultant's
liability for indemnification of the City shall be limited to the contributory negligence for any
resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including
reasonable attorney's fees and disbursements) that can be apportioned to the Consultant.
c. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
14. Insurance provided by Consultant.
a. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Consultant shall provide the City with a certificate of insurance as
proof of commercial liability insurance with a minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage. 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 (any statement in the certificate to the effect of "this
certificate is issued as a matter of information only and confers no right upon the certificate
holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The
policy shall name the City, its elected officials, officers, agents, and employees as additional
insureds, and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written notice (any language in the
clause to the effect of "but failure to mail such notice shall impose no obligation or liability of
any kind upon the company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or higher in Best's
Guide and admitted in the State of Washington.
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b. Commercial Automobile Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the Consultant shall provide the City with a
certificate of insurance as proof of commercial automobile liability insurance with a minimum
liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and
property damage. 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 (any
statement in the certificate to the effect of "this certificate is issued as a matter of information
only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in
effect for the duration of this Agreement. The policy shall name the City, its elected officials,
officers, agents, and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City thirty (30) calendar
days prior written notice (any language in the clause to the effect of "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company" shall be crossed
out and initialed by the insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of Washington.
c. Insurance provided by Subcontractors. The Consultant shall ensure that all
subcontractors it utilizes for work/services required under this Agreement shall comply with
all of the above insurance requirements.
15. Delegation of Professional Services. The services provided for herein shall be
performed 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.
16. No 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.
17. Damages. If for any reason Consultant fails to provide the services specified in this
Agreement and the City is forced to secure such services from another person or entity,
Consultant 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.
18. 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.
19. 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.
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20. Non -Waiver. The waiver of either the City or Consultant 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.
21. Termination. Either party may terminate this Agreement, with or without cause, by
giving the other party ten (10) calendar days prior written notice of termination. In the event of
termination, the City shall compensate Consultant for the services rendered through the
termination date.
22. 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:
TO CONSULTANT:
Sheryl M. Smith
Deputy Human Resources Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Robert H. Weaver
RHW Consulting Services
7005 Perry Court
Yakima, WA 98908
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.
23. 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.
24. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
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CITY OF YAKIMA
By:
Dick Zais, City Manager
Dated:
ATTEST:
By: '6-vt.,
City Clerk,
,Uv
RHW CON -SU TING S ' VICES
By:
Dated:
Dated:
City Contract No. 6?06,7-X6,
Resolution No. /g-e?0,0,,?-/.0/
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Robert H. Weaver
Attachment A
PROPOSAL
between
RHW Consulting Services
and
City of Yakima Public Works
This is a proposal to provide human resources management consulting services to the
City of Yakima. Scope of services will include, but not limited to:
1. Conduct training classes/programs on a group or individual basis to include, the
following subjects:
•Supervisory Skills — Meet with supervisors to orient/teach/coach mentor them
regarding:
a. The role of supervisor
b. Personal/collective liabilities
c. Work planning and assigning work
d. Follow-up on assignments
e. Evaluating performance
f. Modifying performance/behavior: dealing with problem employees
g. Counsel supervisors on dealing with change.
h. Mentor supervisors in dealing with employee issues, coach through dealing
with difficult employees, employee issues.
i. Disciplinary action and employee rights re: civil service, collective
bargaining agreement, state/federal laws
j. Union issues including Weingarten rights
k. Civil Service v. collective bargaining agreement v. City Code v. state/federal
laws
• Disciplinary Actions
• Performance Evaluations
2 Conducting investigations of complaints; prepare report and
recommendations regarding complaint
3. Write policies and procedures as operationally necessary
4. Draft rule modifications for Charter and Police/Fire Civil Service Rules and
Regulations
5. Update Charter and Police/Fire Civil Services Rules in their entirety as necessary
6. Conduct recruitment efforts for selected position vacancies
7 Respond to other agency salary surveys as necessary
8 Other specific projects identified by the City of Yakima
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. iE 1 0
For Meeting Of 8/6/02
1"1 EM TITLE: A Resolution Authorizing the Execution of a Consulting Services
Agreement for Performing Human Resources Consulting Services
SUBMII'1`hD BY: Sheryl Smith, Deputy Human Resources Manager
CONTACT PERSON/ TELEPHONE: Sheryl M. Smith, x6090
SUMMARY EXPLANATION:
The attached resolution authorizes the execution of consulting services agreement with RHW
Consulting Services for performing a variety of professional human resources functions on an
as needed basis. Due to the limited resources and current workload in the Human Resources
Division, it is recommended to contract for specialized services as outlined in Attachment A of
the Consulting Services Agreement. Examples of the types of projects this agreement would
cover are: Supervisory Skills Training inclusive of performance evaluations and disciplinary
actions; conducting investigations of complaints; drafting policies and procedures; drafting civil
service rules and regulations; conducting recruitment efforts for selected positions vacancies
and other specific projects identified by the City of Yakima. The duration of this agreement is
through December 31, 2003 with compensation set at $65.00 per hour or on a project basis as
negotiated by the parties.
Attached for information purposes is the resume' of Robert H. Weaver, RHW Consulting
Services. Mr. Weaver has more than thirty (30) years of public sector human resources
experience in a wide variety of functional areas which, prior to establishing his consulting
business, included thirteen (13) years as the Director of Personnel for Pierce County
Washington and nine (9) years as the Personnel Officer with the City of Yakima.
Resolution X Ordinance Contract Other (Specify) Consulting
Services Agreement Mail to (name & address)
Phone:
Funding Source 0 eratina bud ets of affected divisions de.artments
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Enact Resolution Authorizing the Execution of a Consulting
Services Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
RESUME
ROBERT H. WEAVER
dba RHW CONSULTING SERVICES
7005 PERRY COURT
YAKIMA, WA 98908
DISTINGUISING CHARACTERISTICS
Distinguished by more than 30 years of public sector human resources experience involving recruitment,
screening and testing; classification and compensation; benefits design and administration; grievance
processing and resolution, complaint mediation, affirmative action and equal employment opportunity;
workers' compensation; unemployment compensation; Family and Medical Leave Act; Americans with
Disabilities Act; Fair Labor Standards Act; Civil Service for public safety and general employees,
collective bargaining; labor relations, organizational development and training, records retention and
management; performance evaluation; discipline; and, supervision.
EMPLOYMENT EXPERIENCE
JANUARY 2001 — PRESENT: Owner: RHW Consulting Services specializing in public sector human
resource management issues.
MAY 1987 — DECEMBER 2000: Director of Personnel, Pierce County Government. This was a full-
service personnel department providing services to approximately 3,000 regular full-time employees.
Responsibilities included all general personnel/human resource issues with the exception of workers'
compensation. Supervised a staff of 25. Managed budget in excess of $2 million.
SEPTEMBER 1978 — MAY 1987 Personnel Officer, City of Yakima. This was a full service personnel
department providing services to approximately 575 regular full-time employees. Responsibilities included
all general personnel issues including workers' compensation. Served as primary spokesperson during
collective bargaining.
SEPTEMBER 1975 — AUGUST 1978• Public Service Employment Manager, Yakima County Division of
Employment and Training. Managed employment programs under Titles II and VI of the Comprehensive
Employment and Training Act (CETA) with annual budgets in excess of $5 million. Wrote grant
applications, administered grant awards, managed/monitored employment subcontracts to local public and
private non-profit agencies.
AUGUST 1972 — JULY 1975: Personnel Assistant, Greater Anchorage (AK) Area Borough. Wrote and
managed contracts under CETA and the Public Employment Program providing employment opportunities
to unemployed and underemployed persons.
OCTOBER 1967 — OCTOBER 1970: United States Army stationed in Indianapolis, Colorado Springs and
Anchorage. Duty assignments• 12/67 — 9/68 Adjutant 43d General Support Group. Administrative and
personnel officer for major command at Fort Carson, Colorado. 10/68 — 10/69 Assistant Special Services
Officer, United States Army Garrison, Fort Richardson, Alaska. Responsible for varied special leisure
programs and entertainment activities. 10/69 — 10/70 Military Personnel Officer, United States Army
Garrison, Fort Richardson, Alaska. Responsible for military personnel records, training, military
occupational specialty testing, promotions, assignments, emergency leaves, discharges Final rank:
Captain.
RESUME, ROBERT H. WEAVER
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EDUCATION
Bachelor of Science, Education/Physical Education, Washington State University awarded. June 1967.
Master of Business Administration coursework: University of Alaska, Anchorage 1973, non-degreed.
Continual professional education courses throughout employment history.
HONORS
1981 President, Yakima Valley Chapter, Society for Human Resource Management
1983 President, Washington Council of Public Personnel Administrators
1985 President, Pacific Northwest Personnel Management Association
1985 Regional Vice -President, Society for Human Resource Management
1987 Area Vice President, Society for Human Resource Management
1987 — 1993 served on various state-wide and national human resource committees