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.