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HomeMy WebLinkAboutR-2003-135 Cabot Dow Associates, Inc. AgreementRESOLUTION NO. R 2003 -135 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with Cabot Dow Associates, Inc. for the provision of labor negotiation consulting services. WHEREAS, the City of Yakima desires to engage Cabot Dow Associates, Inc. to provide professional services related to labor negotiations on an independent contractor basis; and WHEREAS, Cabot Dow Associates, Inc. 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 Cabot Dow Associates, Inc. for professional services related to labor negotiations, 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 "Professional Services Agreement Between City of Yakima and Cabot Dow Associates, Inc." for professional consulting services. ADOPTED BY THE CITY COUNCIL this 2].st day of October, 2003. ATTEST: Maryce, Mayor Kj tivz ,,, 2 City Clerk PROFESSIONAL SERVICES AGREEMENT Between CITY OF YAKIMA and CABOT DOW ASSOCIATES, INC. THIS AGREEMENT is entered into by and between CITY OF YAKIMA, a Washington municipal corporation, referred to as the "CLIENT," and CABOT DOW ASSOCIATES, INC., P.O. Box 1806, Bellevue, WA 98009, a Washington corporation and consultant providing labor relations services, hereinafter referred to as the "CONSULTANT." WHEREAS, the CLIENT is required by law to negotiate in good faith with regard to the terms and conditions of a new labor contract with a bargaining unit(s) of CLIENT employees; WHEREAS, the CLIENT is desirous of obtaining the services of a labor consultant to assist in negotiations involving the labor agreement covering its bargaining unit(s); WHEREAS, the CONSULTANT has the knowledge and experience to assist and represent the CLIENT in said negotiations; NOW, THEREFORE, the CLIENT and the CONSULTANT agree to the following scope of services, the extent to which such services may be required by the CLIENT: 1. CONSULTANT will review and suggest appropriate labor contract language provisions, in light of CLIENT budget and operational needs and area trends; 2. CONSULTANT will conduct, assist and/or direct the completion of research involving comparisons of wages, hours, benefits and working conditions with selected comparison jurisdictions; 3. CONSULTANT will meet with and advise thiCLIENT LiLc4:d officials, City Manager, as required, regarding labor policy and the assigned matters pertaining to negotiations issues; 4. CONSULTANT will provide testimony and exhibits during labor mediation and /or arbitration, as requested, by CLIENT. 5. CONSULTANT shall be compensated for such professional services under this agreement at the rate of one -hundred twenty-five dollars ($125.00) per hour, except CONSULTANT will only bill client for time in transit to Yakima (but not time in return) from Yakima to Bellevue. 6. CONSULTANT will be reimbursed for direct expenses incurred in the performance of this Agreement, including travel expenses at the rate of thirty- four cents ($.34) per mile, long distance phone charges, FAX and photocopy expenses incurred in doing CLIENT business. 7. Each party shall be responsible for any damages, losses, costs and penalties arising out of, in connection with, or incident to the work under this Agreement and caused by the negligence of such party. 8. This Agreement may be terminated with or without cause by either party upon thirty (30) days written notice. 9. CONSULTANT shall provide CLIENT with an itemized invoice/billing no later than thirty (30) calendar days after services are provided. CLIENT shall make payment to CONSULTANT within thirty (30) calendar days upon receipt of each invoice/billing. All payments are expressly conditioned upon CONSULTANT providing professional services hereunder that are satisfactory to CLIENT. 10. CONSULTANT and CLIENT understand and expressly agree that CONSULTANT is an independent contractor 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 work/services required under this Agreement. Additionally, and as an independent contractor, CONSULTANT and its employees shall make no claim of CLIENT employment nor shall claim against CLIENT 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 CLIENT. 11. CONSULTANT shall be solely responsible for compensating its employees and for paying al: 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 CLIENT is assessed a tax or assessment as a result of this Agreement, CONSULTANT shall pay the same before it becomes due. 12. During the performance of this Agreement, CONSULTANT 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. 2 13. CONSULTANT agrees to perform all work/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. 14. It is understood that CLIENT does not maintain liability insurance for CONSULTANT and/or its employees, agents, officers, and subcontractors. CABOT DOW ASSOCIATES, INC. Cabot Dow, President /d-2 -o3 Date ATTEST: City Clerk City Contract No. ova.3 - %'y i�eso�u-riory No. R-2003- 135 3 CITY OF YAKIMA R. A. Zais, ., City Manager 10- a Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 i For Meeting Of 10/ 21/03 ITEM TITLE: A Resolution Authorizing the Execution of a Professional Services Agreement for Labor Relations Consulting Services SUBMITTED BY: Dick Zais, City Manager CONTACT PERSON/TELEPHONE: Sheryl M. Smith, x6090 SUMMARY EXPLANATION: This Resolution authorizes the execution of a Professional Services Agreement with Cabot Dow of Cabot Dow Associates, Inc. to provide labor relations consulting services. The consultant will provide specialized labor relations services to assist City staff with the collective bargaining process to include research involving comparisons of wages, hours, benefits and working conditions with selected comparable jurisdictions; review and suggest labor contract language provisions; as well as meet and advise staff regarding labor policy pertaining to negotiations. City Management believes that the expertise of Cabot Dow is needed to prepare for mediation and possible arbitration of the City's bargaining groups at this time. The consultants billing rate is $125 per hour plus miscellaneous travel expenses. The funding for this assistance would be shared between police and fire administration service budgets. Resolution X Ordinance Contract X Other (Specify) Funding Source Applicable Operating Budgets APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Recommend approval BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-135