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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. Page 1 of 7 (1k)agr/human resources services rhw Aug. 02 -pm 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 Page 2 of 7 (1k)agr/human resources services rhw Aug. 02 -pm 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. Page 3 of 7 (Ik)agr/human resources services rhw Aug. 02 -pm 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. Page 4 of 7 (1k)agr/human resources services rhw Aug. 02 -pm 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. Page 5 of 7 (1k)agr/human resources services rhw Aug, 02 -pm 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/ Page 6 of 7 (Ik)agr/human resources services rhw Aug. 02 -pm 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 Page 7 of 7 (lk)agr/human resources services rhw Aug. 02 -pm 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 Page 2 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