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