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HomeMy WebLinkAboutR-2003-084 LeMaster & Daniels, LLC Agreement (re fleet maintenance activities)RESOLUTION NO. R-2003- 84 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and LeMaster & Daniels, LLC Certified Public Accountants and Consultants for professional consulting services. WHEREAS, the City of Yakima desires to engage LeMaster & Daniels, LLC Certified Public Accountants and Consultants to perform consulting services on an independent contractor basis for fleet maintenance activities for Public Works' Fleet Division; and, WHEREAS, LeMaster & Daniels, LLC Certified Public Accountants and Consultants has the experience and expertise necessary to provide said services and is willing to do so in accordance with the terms and conditions of the attached 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 LeMaster & Daniels, LLC Certified Public Accountants and Consultants for professional consulting services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Professional Services Agreement" with LeMaster & Daniels, LLC Certified Public Accountants and Consultants for professional consulting services related to fleet maintenance activities in Public Works' Fleet Division, Yakima, Washington, together with authorization to execute two contract amendments thereto in years 2004 and 2005. ADOPTED BY THE CITY COUNCIL this 3rd day of June 2003. ATTEST: Mary Place, Mayor City Clerk [II LEMAST R& DANIELS PLLC CLIENT SERVICE CONTRACT AGREEMENT MADE June 3rd, 2003, between the City of Yakima, Washington (hereinafter called "Client"), and LeMaster & Daniels PLLC, Certified Public Accountants (hereinafter called "L&D" 1. Services to be provided: L&D, as independent contractors, agree to perform during the term of the Agreement, the services as set forth on Schedule A, under the terms and conditions hereinafter set forth. 2 TERMS AND CONDITIONS It is understood that L&D's responsibility for such services will encompass only periods covered by this Agreement and will not extend to any subsequent periods for which L&D is not engaged in this capacity. Additional services that Client may request will be subject to separate arrangements as provided in section 3. 3. COMPENSATION a. Fee for Services. — The total fee for all services provided under this Agreement shall not exceed Forty -Five Thousand and Six Hundred Dollars ($45,600). This fee includes services mentioned under Schedule A and B and all clerical support necessary for the performance of such services. b. Payment of Compensation. — Client shall pay L&D said fee in twelve (12) equal installments of Three Thousand and Eight Hundred Dollars ($3,800). L&D shall provide Client with an invoice/billing no later than thirty (30) calendar days after each calendar month in which services are provided. Client shall make payment to L&D within thirty (30) calendar days upon receipt of each invoice/billing. All payments are expressly conditioned upon L&D providing services that are satisfactory to Client. c. Additional Work. — Additional work beyond the scope of the attached schedule will be negotiated and agreed to by all parties in the form of a contract amendment prior to implementation. Client Service Contract Page 1 3. COMPENSATION (continued) d. Unpaid Balances. — Unpaid balances of billings are subject to a monthly service charge of 1% (12% annual percentage rate). L&D reserves the right to discontinue services at any time for nonpayment of fees. 4. TERM This Agreement shall commence on the 3rd day of June 2003, and shall end on the 31St day of May 2004, provided, however, that either party may terminate the Agreement at any time with, or without cause by giving the other party thirty (30) days notice in writing. 5. OPTIONS FOR EXTENSIONS Should it be determined there is still need for ongoing support and technical assistance the City Manager for the City of Yakima, Washington, shall have the option, at his discretion, to extend this Agreement by mutual agreement in writing with L&D for two (2) additional one- year periods under the same terms and conditions contained herein.. 6. WARRANTY IT IS AGREED AND UNDERSTOOD that this Agreement shall be conducted and performed in accordance with certain professional criteria of the American Institute of Certified Public Accountants as more fully described on Schedule A attached hereto and made part of this Agreement, and it is expressly agreed that such warranty is in lieu of all other warranties either expressed or implied. 7. TAXES AND ASSESSMENTS L&D 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 Client is assessed a tax or assessment as a result of this Agreement, L&D shall pay the same before it becomes due. NONDISCRIMINATION During the performance of this Agreement, L&D shall not discriminate on the basis of race, age, 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. Client Service Contract Page 2 9. NO INSURANCE It is understood the Client does not maintain liability insurance for L&D and/or its employees, agents, officers, and subcontractors. 10. INDEMNIFICATION a. L&D agrees to protect, defend, indemnify, exonerate, and hold harmless the Client, its agents, elected officials, officers, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs, and expenses (including attorneys fees and disbursements) resulting from L&D's performance and/or nonperformance of this Agreement. b. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 11. INSURANCE a. Commercial Liability Insurance. - Before this Agreement is fully executed by the parties, L&D shall provide Client with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000) combined with single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the coverage amount, 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 Client, its officers, elected officials, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving Client 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. b. Professional Liability Insurance. - Before this Agreement is fully executed by the parties, L&D shall provide Client with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000). 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 the inception date of Client Service Contract Page 3 11 INSURANCE (continued) b. Professional Liability Insurance (continued) — this Agreement, 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. 12. DELEGATION OF PROFESSIONAL SERVICES The services provided for herein shall be performed by L&D, and no person other than regular associates or employees of L&D shall be engaged upon such work or services except upon written approval of the Client. 13 ASSIGNMENT This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by L&D to any other person or entity without the prior written consent of the Client. 14. NON -WAIVER The waiver of either the Client or L&D of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a wavier of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 15. INTEGRATION This written document constitutes the entire agreement between the Client and L&D. There are no other oral or written Agreements between the parties as to the subjects covered herein. 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: TO CITY: TO L&D: Chris Waarvick Public Works Director 2301 Fruitvale Boulevard Yakima, WA 98902 Martin Howell LeMaster & Daniels PLLC 610 N. 39th Avenue Yakima, WA 98902 Client Service Contract Page 4 16. NOTICES (continued) 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 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. IN WITNESS WHEREOF, the parties have signed this Agreement on the date aforesaid. LEMASTER & DANIELS PLLC Date: 7 CITY OF YAKIMA Bv: A. Zais, Jr , City " anager Date Cl? Y C:Oi;Tr YCT NO: .dg4 . ... .•_ RESOLUTION NO: Client Service Contract Page 5 111 LE MASTER& DANIELS PLLC Needs Assessment/Outcomes Measurement SCHEDULE A Services to be Provided As we approach this study and begin to implement this at the department level we begin to see very specific activities that need to go on. As mentioned in the study a SWOT (strengths, weaknesses, opportunities, and threats) would begin the needs assessment with measurable outcomes, which had been initially begun by the study. This involves one-on-one interviews, group meetings, and approaching a general agreement as to what the current situation is. Master Site Plan Review and E. R. Operational Analysis (The Maximus) study lays out a number of observations seen to be true that can be used in this process to shorten it. The Maximus study has looked at staffing levels and productivity. Facilitation/Planning A significant level of facilitation will go on with this group that will permit it to see reality, understand the task, determine how the mission/vision operate for this department. As I have studied this system and reviewed previous reports, it is key to me the need for a high level of facilitation that will permit all staff, or nearly all staff, to journey though this. The success of this project is directly linked to the level of "buy m" on the part of each and every employee in the department. This facilitation, rather than taking place in long all day workshops that often drain creativity given their sheer length, could be offered in two-hour segments throughout the week such that employees could keep their productivity high throughout this process. It would also give each employee an opportunity to digest what is happening and move toward a higher level of "buy in." Opportunities for feedback will be included throughout this process. This facilitation would move the entire staff to pull together the actual implementation plan for the Maximus recommendations. With this group actually building their own plan, there is a statistically significant higher level of inclusion of employees and obviously a greater level of buy in to the plan itself. Your possibilities of actually seeing a plan implemented skyrocket with this approach. Please see at the end of this report a listing of skills of Martin Howell, the proposed facilitator for these workshops. Implementation Implementation is simply the capacity to follow our plan in a doable manner. This involves a minimum of facilitation as well as coaching to ensure that staff is m a position to fulfill implementation steps. Each step accomplished motivates staff to do more and more. It empowers staff to understand that they truly can change the working culture in a positive way. Client Service Contract Page 6 Mentoring/Coaching As the plan is actually pulled together it will require some level of individual and group coaching to ensure a higher level of service delivery, which is implied in the Maximus report. All coaching will operate out of a limited time model where there is a start and an end to it. It will remain focused at all times to ensure a high level of result. The coaching will involve a composite of some of the leading trainers in the United States who have been able to increase productivity and morale with no increase in budget. Training/Technical Assistance Training and Technical Assistance will follow that will provide needed components for long standing employees to be able to see their jobs in a new perspective and be able to deliver them satisfactorily. Not all of this training or technical assistance can be determined prior to the onset of this project. This will require the evaluation and expertise of the consultant to determine the level of employee's current skills, the commitment level of the employees, their learning styles, and their capacity to benefit from short and longer trainings. Evaluations Please refer back to outcome measurement. This simply ensures that we accomplish what the employees and staff have determined that they wish to do It puts all into a measurable scheme to allow us to see where we are making a difference. It assists us to determine where we need to change our emphasis in order to get the greatest bang for your buck. Ongoing Support Ongoing support is just that. It is all the needed functions that permit this plan to continue long enough to actually make a difference. At least 50% of all orchestrated planning that sets out to increase employee morale and change the working culture falls flat due to being shelved too early and not getting enough buy in. This can be changed by simply putting in place an ongoing level of support that makes sure that the needed change has occurred. An extension to this contract has been mentioned prior to this. This is designed to be phase one. It is possible that no further services will be needed and that the staff could maintain all. If additional services are needed, this consultant can continue to work with the Department of Public Works. Client Service Contract Page 7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. +1 For Meeting of June 3, 2003 ITEM TITLE: A Resolution Authorizing a Professional Services Agreement with LeMaster & Daniels, LLC Certified Public Accountants and Consultants for Professional Consulting Services SUBMITTED BY: Chris Waarvick, Public Works Director Richard Wonner, Fleet & Facilities Manager CONTACT PERSON/TELEPHONE: Richard Wonner, 576-6412 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of a resolution authorizing execution of an agreement with LeMaster 86 Daniels, LLC Certified Public Accountants and Consultants for professional consulting services. The purpose of this contract is to provide professional services to assist in the preparation of a clear "business plan" for Public Work's Fleet Division. This effort would incorporate the analysis of facility capacity performed by Maximus (prior work), staff expertise and management direction to create a business plan for fleet maintenance services. (Continued ...) Resolution X Ordinance Other (Specify) Agreement ContractX Mail to (name and address) : Phone: Funding Source: Equipment Rental Division - $23,000 for the remainder of 2003 APPROVED FOR SUBMITTAL : �l - ����' 4 kity Manager STAFF RECOMMENDATION: Staff respectfully requests Council to adopt a resolution authorizing execution of a Professional Services Agreement with LeMasters 86 Daniels, LLC Certified Public Accountants and Consultants for professional consulting services BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-84 T eM ster RT Daniels June 3, 2003 Page two The current fleet consists of approximately 400 vehicles and equipment worth $ 18-20 million in replacement dollars. A fleet is normally one of the largest collective assets a municipality owns and is critical to the proper delivery of community services. City Council approval of the attached resolution will allow staff to continue the process of aligning current and future work demands within the resources anticipated to be available. Intended outcomes of this Professional Services Contract, beyond the business plan .� • plan, include, but are not limited to, the following: ® An increase in basic efficiencies of the Equipment Rental operation. • Teability to hold service r�rnvirlers acro ntablP 111E GALJ111 LJ` to dll/16% Vvs .svv iJa v.auv.�v ® An increase in the quality of customer service and associated stomer satisfaction. • Higher employee morale by development of a more -positive work environment. • A higher level of utilization of funding sources. Consultant Qualifications Please the attached resume the project principle Martin Howell, M.R.W. and the see lll�. of rJlllllil1.. LeMaster 86 Daniels firm's profile and expertise.