HomeMy WebLinkAboutR-2006-118 A.J. Consultants AgreementRESOLUTION NO. R2006- 118
A RESOLUTION authorizing the City Manager' of the City of Yakima to execute a
Professional Services Agreement and any other necessary and
appropriate documents between the City of Yakima and AJ Consultants
for employee support services.
WHEREAS, the City desires professional services to provide employee support services
including employee counseling; and
WHEREAS, the City does not have the staffing levels or specialized training and
expertise necessary for said services; and
WHEREAS, the City has previously contracted with AJ Consultants for said services;
and
WHEREAS, AJ Consultants has the expertise and experience necessary to provide the
necessary services and is willing to continue to provide such services in accordance with the
terms and conditions of the attached Professional Services Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with AJ Consultants in accordance with the terms and conditions of the attached
Professional Services Agreement, 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" and any other necessary and appropriate
documents with AJ Consultants for the purposes of obtaining employee support services.
ADOPTED BY THE CITY COUNCIL this 15th day of A st, 2006.
ATTEST: •avid Edier, Mayor
City Clerk
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into by and
between the City of Yakima, a municipal corporation of the State of Washington, herein referred
to as the "City" and AJ Consultants, a nonprofit corporation of the State of Washington, herein
referred to as "Consultant".
WHEREAS, the City desires employee support services including employee counseling;
and
WHEREAS, the Consultant has the experience and expertise necessary to provide said
services, has done so in the past for the City, and is willing to continue to provide employee
support services in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Consultant as follows:
1. Services. The Consultant shall provide the City with employee support services
described in Section I of Attachment A to this Agreement. The City shall provide the Consultant
with the items listed in Section II of Attachment A.
2. Consideration. As consideration for the work, tasks, and services performed by
Consultant and except for the Optional Additional Services described in Attachment B to this
Agreement, the City agrees to compensate the Consultant as follows:
A. From January 1, 2006 through July 31, 2006, the City shall compensate the
Consultant at a monthly rate of Eleven Hundred Sixty -Two Dollars and Fifty Cents
($1162.50), which corresponds to the annual rate of the expired Agreement between
the parties from January 1, 2002 to December 31, 2005 (i.e. $23.25 per employee for
600 employees.)
B. Effective August 1, 2006, the City shall compensate the Consultant on a monthly
basis reflective of an annual rate of Twenty -Three Dollars and Fifty Cents ($23.50)
per covered employee Consultant shall submit satisfactory documentation
(invoices/billings) to the City at the end of each month, to be paid by the 10th day of
the following month. The parties agree that the total number of covered employees
on August 1, 2006 is seven hundred (700) Therefore, the monthly payment shall be
One Thousand Three Hundred and Seventy -One Dollars ($1,371.00), i.e. ($23.50 x
700) / 12 Upon written request by either party on or about January 1 of each
calendar year of this Agreement, the total number of covered employees may be
reviewed and adjusted for that calendar year, with the corresponding monthly rate
increasing or decreasing accordingly.
3. Optional Additional Services. During the term of this Agreement, the City and
Consultant may mutually agree upon the performance of additional services as described in
Attachment "B." Consultant shall be compensated for additional services at the rate of Seventy -
Five Dollars ($75.00) per hour. Any such additional services shall be governed by the terms
and conditions of this Agreement.
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4. Term. The term of this Agreement shall commence on and be retroactive to January 1,
2006, and shall continue until terminated by either party in accordance with Section 20.
5. Status of Consultant. Consultant and the City 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 services required under this Agreement. Additionally, and
as an independent contractor, Consultant, its officers, agents and employees 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 or any
officer, employee or agent of Consultant and the City.
6. Right to Inspect and/or Audit Financial Records. Consultant shall maintain records
and documents necessary to assure the proper accounting of all funds paid to Consultant
pursuant to this Agreement. The City or any of its duly authorized representatives shall have a
right to access such records and documents for the purpose of making an inspection, an audit
and/or copies. All such records and documents shall be retained and available for inspection,
audit and copying by the City during the term of this Agreement and for a period of three (3)
years following the termination of this Agreement. In the event that any such inspection or audit
identifies any discrepancy in the accounting of funds paid to Consultant under this Agreement,
Consultant shall provide the City with appropriate written clarification and financial adjustment
within thirty (30) calendar days of notification from the City of the discrepancy.
7. Confidentiality. Contractor agrees that any information received by Contractor during
the course of Contractor's performance under the terms of this Agreement shall be kept in full
confidence and shall not be revealed to any other person, firm, organization, or entity, except as
required and/or permitted by law.
8. Warranty. Contractor warrants that all services provided hereunder shall be furnished in
a manner consistent with industry standards and the level of professional skill generally
acceptable in the industry with regard to the services of this kind.
9. Taxes and Assessments. Consultant shall be solely responsible for compensating its
officers, agents and 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.
10. Nondiscrimination Provision. During the performance of this Agreement, Consultant
shall not discriminate in violation of any applicable federal, state and/or local law or regulation
on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation,
the presence of any sensory, mental or physical disability, or any other legally protected status.
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.
11. The Americans With Disabilities Act. Consultant agrees to 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. The ADA provides comprehensive civil rights to individuals
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with disabilities in the area of employment, public accommodations, state and local government
services, and telecommunications.
12. Compliance With Law. Consultant agrees to perform those 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.
13. No Insurance. It is understood the City does not maintain liability insurance for
Consultant, its officers, agents and/or employees.
14. Indemnification. Consultant agrees to protect, defend, indemnify, and hold harmless
the City, its agents, officers, employees, volunteers, and elected officials from any and all
claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and
costs and expenses (including attorneys' fees and disbursements) arising directly or indirectly
from or out of, relating to, or in any way connected with activities undertaken by the Consultant
pursuant to this Agreement.
15. Professional Liability Insurance Provided by Consultant. On or before the date this
Agreement is fully executed by the parties, Consultant shall provide the City with a certificate of
insurance as evidence of professional liability coverage with a limit of One Million Dollars
($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million
Dollars ($2,000,000.00). 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 January 1, 2006, 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.
16. 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.
17. 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.
18. Non -Waiver. The waiver by Consultant or the City of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter enforcing any such provision.
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.
20. Termination. Either party may terminate this Agreement, with or without cause, by
giving the other party sixty (60) days prior written notice of termination.
21. 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:
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TO CITY:
TO CONSULTANT:
Director of Human Resources
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
Director
AJ Consultants
122 South Third Street
Yakima, WA 98901
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.
22. Integration and Supersession. 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. There are no terms, conditions, or agreements
with respect thereto, except as herein provided and no amendment or modification of this
Agreement shall be effective unless reduced to writing and executed by the parties.
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.
CITY OF YAKIMA
R. A. Zais, Jr., ity Manager
Date:
ATTEST:
7799 City Clerk
CityWesellohm)
Contract No. /,;- 74
aOO4 -//8'
AJ CONSULTANTS
By:
a y/ce Burke, President
Date: /gr1/46
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Attachment A
Services Provided to the City of Yakima
I. AJ Consultants
AJ Consultants shall provide the following services to all City of Yakima employees and their
family members.
A. Individual Assessment and Referral/Short-term Counseling:
1. Telephone interviews including providing information, making appointments, and
giving service descriptions (not subject to billing to the City)
2. Assessment of presenting problem
3. Short-term counseling if appropriate (limited to 4 sessions per client)
4 Referral to outside agency for more in-depth counseling or support services
(referral care costs shall be paid by the client or the client's insurer)
5. Follow-up with client to monitor progress
6. Evaluation of client satisfaction
7. Department of Transportation (DOT) Assessment and follow-up
B. Staff Development:
1 Employee Assistance Program (EAP) orientation to all new employees as
requested by the City
2 Supervisory training for management personnel as requested by the City
3. Wellness or in-service presentations as requested by the City
4. Supervisor consultation services
5. EAP informational presentations at staff meetings, union meetings, and other in-
service opportunities as requested by the City
C. Advisory Committee:
AJ Consultants shall attend regular meetings with the City, upon request, to:
1. Review program usage
2. Solicit input to improve program and service delivery
3. Calendar activities and promotions
4. Develop policies
D. Communications and Program Promotions.
1. Provide promotional materials including posters, wallet cards, and Question and
Answer EAP Brochures
2. AJ's Cornerstones, an EAP newsletter, will be mailed directly to employee homes
on a quarterly basis
3. Provide topical inserts to include in Employee Newsletters
4. Summary Reports of program usage will be presented at a quarterly meeting
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5. Year End Reports will be provided at the end of each contract year
II. City of Yakima
The following describes the City of Yakima's responsibilities to provide to AJ Consultants:
A. A complete list of all employees, home addresses, and phone numbers
B. One set of mailing labels with home addresses of all employees per quarter
C. Availability of selected employees to serve on the EAP Advisory Committee to meet
quarterly with a representative from AJ Consultants
D. Quarterly personnel review to establish total number of employees covered
E. A copy of the City of Yakima drug and alcohol policy and EAP referral policy
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Attachment B
Optional Additional Human Resource, Consulting, and Training Services
AJ Consultants is a private non-profit human resource, consulting, and training firm. It offers a
wide variety of services designed to optimize human potential and enhance organizational
effectiveness. AJ Consultants may work collaboratively to design and implement a customized
management and organization development program to meet the City's individual needs.
Optional services include:
Management Consulting
Strategic Planning
Trainings
Conflict Management and Resolution
Leadership Development
Board Development
Communication Skills
Facilitation Skills
Participative Management
Managing Diversity
Organization Development
Quality Improvement
Team Building
Organizational Change
Process Consultation
Organizational Diagnosis
Organization Redesign
Survey Feedback
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. * t 0
For Meeting Of 8/15/06
ITEM TITLE: Legislation Authorizing the Execution of a Contract with AJ
Consultants for Employee Assistance Program Service
SUBMITTED BY: Sheryl M. Smith, Acting Human Resources Manager
CONTACT PERSON/TELEPHONE: Sheryl M. Smith, 575-6090
SUMMARY EXPLANA LION:
The attached resolution authorizes the execution of a contract with AJ Consultants for
continued Employee Assistance Program services for the City of Yakima employees,
their family members and for substance abuse professional (SAP) services related to the
City's required random drug testing program. The contract period shall be effective
January 1, 2006 and the contract may be terminated with 60 days written notice by
either party to the agreement. Compensation for the services for the period of January
1 -July 31, 2006 continues at $23.25 per employee per year for 600 employees for a
monthly fee of $1,162.50. Effective August 1, 2006, rates will increase slightly to $23.50
per employee for 700 employees for a monthly fee of $1,371.00 or $16,452.00 annually.
The total number of employees maybe reviewed and adjusted on January 1 of each
calendar year with the monthly rate adjusting accordingly.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Employee Assistance Program 516
APPROVED FOR SUBMI UAL: 4
City Manager
STAFF RECOMMENDATION: Adopt resolution authorizing the execution of the
contract with AJ Consultants
BOARD/COMMISSION RECOMMENDAlION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-118