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HomeMy WebLinkAboutR-2007-013 Braun Consulting Group ContractA RESOLUTION RESOLUTION NO. R-2007 13 ratifying a contract for professional human resource services between the City of Yakima and Braun Consulting Group. WHEREAS, the City employs a workforce of close to 800 employees and at times the Human Resources Division requires the assistance of outside human resource professionals to perform all of the tasks required of it; and WHEREAS, on January 29, 2007, the City Manager of the City of Yakima executed a Professional Services Agreement with Braun Consulting Group for professional human resource services; and WHEREAS, Braun Consulting Group has the experience and skills to perform professional human resource services and is willing to perform such services in accordance with the attached professional services agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to ratify and approve the attached "Professional Services Agreement Between the City of Yakima and Braun Consulting Group", now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The attached and incorporated "Professional Services Agreement Between the City of Yakima and Braun Consulting Group" is hereby ratified and authorized. ADOPTED BY THE CITY COUNCIL this 6th day of February, 007. _/ate David dler, Mayor PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND BRAUN CONSULTING GROUP THIS PROFESSIONAL SERVICES AGREEMENT, hereinafter "Agreement," is made and entered by and between the City of Yakima, a Washington municipal corporation, (hereinafter "City") and Braun Consulting Group, a Washington corporation (hereinafter "Consultant"). WHEREAS, at times the City requires professional human resource assistance with independent personnel investigations and other matters; and WHEREAS, the Consultant is willing to provide said services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions set forth herein, it is agreed by and between the City and the Consultant as follows • 1. Professional Services. Consultant shall provide the City with professional human resource services on an as -needed basis at mutually agreeable dates and times, including but not limited to independent personnel investigation services and related consulting and training services. 2. Term. This Agreement shall commence on January 29, 2007, and shall terminate in accordance with Section 19 of this Agreement. 3. Compensation. a. Compensation for Services. As consideration for the professional services performed pursuant to this Agreement, the City agrees to compensate the Consultant the following fee, which shall include all taxes, insurance, costs and expenses: One Hundred Seventy dollars ($170.00) for each hour expended in pursuit of the City's interests and reimbursement for out-of-pocket expenses such as airfare, travel reimbursement at the City's mileage rate, printing or other preauthorized expenditures in furtherance of the City's interests. b. Payment in the Event of Termination. In the event that either party terminates this Agreement pursuant to Section 19, Consultant shall be compensated on a pro -rata basis for all satisfactory services provided to the City under this Agreement up to the effective termination date. c. Maintenance of Financial Records/Documents. When requested to do so by City representatives, the Consultant shall make the cost records, accounts and related financial documents pertaining to this Agreement available for inspection by City representatives during the term of this Agreement and for a period of three (3) years following the final payment to the Consultant by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, the Consultant shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 4. Warranty. Consultant 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. 5. Independent Contractor Status of Consultant. Consultant and the City understand and expressly agree that Consultant is an independent contractor m 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 and its 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. Confidentiality. Consultant agrees that any information received by Consultant during the course of Consultant's performance under the terms of this Agreement that concerns the personal, financial, or other affairs of the City, its representatives, employees, officers, officials, volunteers, and/or agents shall be kept in full confidence and shall not be revealed to any other person, firm, organization, or entity, except as required by law, without prior written authorization of the City or the affected individual(s) 7. Taxes and Assessments. Consultant 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 City is assessed a tax or assessment as a result of this Agreement, Consultant shall pay the same before it becomes due 8. 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, sexual orientation, the presence of any sensory, mental or physical disability, or other status protected by law. 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 traming, and the provision of services under this Agreement. 9. 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 with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 10. Compliance With Law. Consultant agrees to perform all 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. 11. No Conflict of Interest. Consultant represents that it does not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Consultant further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 12. No Insurance. It is understood the City does not maintain liability insurance for Contractor and/or its officers, employees, agents, mstructors, and/or subcontractors. 13. Commercial Liability Insurance. Before this Agreement is fully executed by the parties, the Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage, and One Million Dollars ($1,000,000.00) general aggregate. 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. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the msurer will not cancel or change the insurance without first giving the City 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 Bests Guide and admitted in the State of Washington. 14. 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. 15. 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 pnor written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Consultant stated herein. 16. 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. 17. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 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. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) calendar days written noticeof termination. In the event of termination, the City shall compensate the Consultant for services rendered through the termination date. 20. 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 CONSULTANT: Sheryl Smith Human Resources Manager City of Yakima 129 N. 2nd Street Yakima, WA 98901 Bob Braun, Jr. Braun Consulting Group 1326 5th Ave, Suite 339 Seattle, WA 98101 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. 21. Survival. Any provision of this Agreement that 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. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. 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, Washington Braun By: R. A. Zais Jr., Dated: —3i ATTEST: By: Debbie Mo, , City Clerk Dated: 1 - By: P t Title: Principle ert R Brauri, Jr. Dated: January 25, 2007 City Contract No. ,2?007— 9 Resolution No. /Ma 73 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4' ei For Meeting Of February 6, 2007 Consideration of a resolution ratifying execution of a professional services agreement between the City of Yakima and Braun Consulting Group, for the provision of human resources services. SUBMITTED BY: Sheryl Smith, Human Resources Manager CONTACT PERSON/TELEPHONE: Sheryl M. Smith, x6090 SUMMARY EXPLANATION: The attached resolution authorizes a professional services agreement with Braun Consulting Group for the performance of a variety of professional human resources services on an as -needed basis. Due to the limited resources and current workload of the Human Resources Division, the City contracts for assistance from time to time. Such assistance includes investigations of complaints, training, and other projects identified by the City of Yakima. The contract was signed in order to obtain needed services in an expedited manner and the attached resolution ratifies that execution. The agreement is structured to remain in effect until terminated and sets compensation at $170 per hour. Also attached for informational purposes is a copy of the Braun Consulting Group brochure describing available services and the professional background of Mr. Braun and staff. Mr. Braun is the firms managing consultant and has more than 25 years of experience in personnel management, labor relations and business operations. As a management consultant, he has served over 100 clients in both the public and private sectors, including government, trucking, construction and health care. Resolution X Ordinance Contract X Other (Specify) brochure Mail to (name & address) Phone: Funding Source: Operating budges of affected divisions/departments APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Ok) agenda Human Resources RHW I.O4.sm Resolution adopted. RESOLUTION NO. R-2007-13 Braun Consulting Group Associates 2/1/07 9:25 AM Braun Consulting Group Associates Personnel & Labor Relations 1326 5th Ave, Suite 339 Seattle, WA 98101 Phone 206-623-5155 Contact Braun -BCG Robert R. Braun, Jr. Managing Consultant Robert Braun, the firm's managing consultant, has more than 25 years experience in business operations/development, labor relations, and personnel management. In his years as a management consultant, he has served over 100 clients in both the public and private sectors, including extensive experience in local government, trucking, construction and health care fields. He has negotiated hundreds of contracts in such diverse industries as manufacturing, transportation, retailing, government municipalities, and others. Braun previously served as Director of Labor Relations for Pacific Gable Robinson Company for 15 years. He was the chief company spokesman in the negotiation of over 45 labor contracts, covering 2,500 employees in 90 plants. He was also responsible for the development and administration of all corporate policies and procedures relating to employee relations and benefits affecting 5,000 employees. He has extensive "hands-on" experience in grievance and dispute resolution, wage and salary administration and surveys, employee and executive recruiting and the structuring and administration of employee benefit programs. Braun has mediated and arbitrated business and labor disputes and has been the sole arbitrator of labor disputes. Braun has been active in corporate -agency planning and development, business analysis, acquisition, sales and turnaround activities. Braun is a member of the American Arbitration Association (AAA) and has been a member of the Pacific Northwest Personnel Management Association (PNPMA- ASPA) since 1969. With a Bachelor of Arts degree in Business and Economics from Linfield College, Braun has done post -graduate work at Lewis and Clark College and Puget Sound Law School. ASSOCIATES Therese A. Strothman http.//www braunconsulting.com/bcg/assoc.htm Page 1 of 2 Braun Consulting Group Associates 2/1/07 9:25 AM Therese A. Strothman is the Administrative Manager for the firm. She has broad experience in personnel policy development, labor contract layout and language, salary surveys, comparable worth salary administration, and other personnel and labor relation issues. Therese has done post -graduate work at Seattle Pacific University in Human Resources. Everett E. Byers Everett E. Byers founded the management consulting fim1 from which Braun Consulting Group, Personnel & Labor Relations has developed its roots. Over the course of his long career in labor relations, he has served on national and regional negotiating committees in the transportation, construction and culinary industries, and has served as trustee for many employee benefit trusts. Renee Braun Renee Braun is a specialist in the design and implementation of programs for employee recruitment, retention, orientation and training in the health care field, and in the development of procedures for detection and resolution of drug abuse in the work force. She has served as an officer on numerous health care professional committees at the local, state and national levels. Braun studied at Gustavus Adolphus College, receiving a Bachelor of Arts Degree in Nursing and a Masters Degree in Professional Health Education and Administration. To Contact Braun Consulting Group associates please leave a message here - Contact Braun -BCG Thank you for your interest in Braun Consulting Group. (Back to Main Menu) 1326 5th Ave, Suite 339 / Seattle, WA 98101 Phone 206-623-5155 Contact Braun -BCG © 1999 - 2004 Braun Consulting Group Site by - AJ Consulting http://www braunconsulting.com/bcg/assoc.hnn Page 2 of 2 Braun Consulting Group (Personnel & Labor/Union Relations) FAQ 2/1/07 9:27 AM BRAUFI C O N S U L TING GROIJP /7eaOV11e!(.1 t'ilhr J'/ la/i) 1326 5th Ave, Suite 339 / Seattle, WA 98101 Phone 206-623-5155 Contact Braun -BCG Braun Consulting Group FAQ A COMMON GOAL Employees. Personnel. Labor. Human Resources. Regardless of what name you use, they're the people who make your company work. And to keep your company functioning smoothly, maintaining good relations with these people is vital. But pleasing everyone amid today's ever changing economic, regulator and legal environments is difficult. Braun Consulting Group knows the importance of good personnel and labor relations and its value to your company's well being and bottom line. We keep pace with the dynamic forces that impact the workplace, and we have the expertise to help you implement strategies beneficial to all sides. We are dedicated to developing the highest level of management capabilities achievable in your organization. (Back to the Braun Main Menu) http://www braunconsulting.com/bcg/braun2.htm Page 1 of 4 Braun Consulting Group (Personnel & Labor/Union Relations) FAQ 2/1/07 9:27 AM 1326 5th Ave, Suite 339 / Seattle, WA 98101 Phone 206-623-5155 Contact Braun -BCG UNCOMMON QUALIFICATIONS In BRAUN Consulting Group's 16 years of practice, we have resolved hundreds of labor disputes, handled thousands of personnel matters and fielded countless questions on personnel concerns. We are planners, problem -solvers and partners in your organization's decision-making process on employee and related issues. Our experience covers the spectrum of employee related services in diverse industries - both private and public sector - but our approach is individual and fresh with each unique situation. Our office has assisted owners and employers in strategic planning, business repositioning - restructuring, start up, shut down, and successorship. (Back to the Braun Main Menu) 1326 5th Ave, Suite 339 / Seattle, WA 98101 Phone 206-623-5155 Contact Braun -BCG AN UNMATCHED RESOURCE Based on your organization's needs, BRAUN Consulting Group can serve you in a variety of capacities. Our firm can act as your personnel department, handling all program development and implementation, or as a consultant and resource facility in an on-going counseling or project -by -project basis. Our capabilities encompass all corporate or public agency programs, including: • Personnel department design, development or operation. . Representation of management in union representation campaigns, contract administration, grievance handling and arbitration. • Development and implementation of comprehensive employee evaluations and supervisor training in employee management. . Resolution of disputes through mediation and other processes in private, labor, commercial or public matters using customized Alternative Dispute Resolution (ADR) tools. • Employee benefit design and development, or evaluation for cost versus benefit - employee insurance benefit plan procurement. Development of Medical Savings Accounts (MSA). • Key employee recruitment in complete confidence. • Presentation of management's position to appropriate agencies and govemmental groups dealing with employee relationships. • Development of organization or department mission and objectives. http://www braunconsulting.com/beg/braun2.htm Page 2 of 4 Braun Consulting Group (Personnel & Labor/Union Relations) FAQ 2/1/07 9:27 AM • Development of single or multiple year budgets by organization, department or program. • Statistical analysis and data based comparisons using industry standards, bar code or custom designed standards for any proposal or project. • Development of an agency or corporate strategic plan. (Back to the Braun Main Menu) 1326 5th Ave, Suite 339 / Seattle, WA 98101 Phone 206-623-5155 Contact Braun -BCG OUR PERSONNEL BRAUN Consulting Group is headed by Robert Braun, Jr., with more than 20 years experience in business operation/development, labor relations, and personnel management. His key associates add extensive consulting experience in employee relations, with a number of additional associates used for select consulting assignments. Their broad knowledge draws on back -grounds in public and private sectors, on both the labor and management side of the table. References available upon request. For more information about Robert Braun, Jr. and his associates please follow this link . (Back to the Braun Main Menu) 1326 5th Ave, Suite 339 / Seattle, WA 98101 Phone 206-623-5155 Contact Braun -BCG A HISTORY OF IMPROVING RELATIONS • A medium-sized Washington city was having extreme difficulties communicating with its police officers and negotiating a labor agreement. The morale was terrible, and the Union had become "political," with officers publicly condemning the elected city officials. Braun's mission was to 1) improve morale, 2) complete a labor agreement, 3) stay within the budget, and 4) reestablish trust between employees and management. THE RESULTS: The city administrator stated, "... the best thing we have ever done was to retain [BRAUN Consulting Group] to be responsible for resolving what appeared to be un resolvable." http://www.braunconsulting.com/bcg/braun2.htm Page 3 of 4 Braun Consulting Group (Personnel & Labor/Union Relations) FAQ 2/1/07 9:27 AM • A Washington county of 300 employees was plagues by employee discontent and belief that the compensation system was based on "favoritism" and "patronage" rather than job related responsibilities. BRAUN Consulting Group established an independent "comparable worth" review committee to analyze, evaluate and establish relative "points" for each county position. We negotiated the program with three unions and assisted the Commissioners in developing a comprehensive pay grid with adopting resolutions, including a procedure for review of changed positions. THE RESULTS: The Chairman of the Board of County Commissioners stated, "[BRAUN Consulting Group] did an excellent job of handling a large number of variables, mediating disputes between departments, establishing credibility of the system with the unions and establishing a control over the budgetary impact from wages never enjoyed before." • A Washington trucking firm was on strike for a first contract. The company attorney had agreed to wages and pension at high levels in order to stop the picketing. Our mission was to get the already agreed to wage and pension rates reduced without returning to strike, even though the amounts had been signed by the company attorney. THE RESULTS: Our client told us, "I never believed you could do it, but you did it." BRAUN CONSULTING GROUP HAS HANDLED VIRTUALLY EVERY CONCEIVABLE PERSONNEL OR LABOR RELATIONS PROBLEM KNOWN, USUALLY WITHOUT LITIGATION OR LABOR STRIFE AND ALMOST ALWAYS WITHIN OR UNDER BUDGET. For more information about Braun Consulting Group please leave a message here: Contact Braun -BCG Thank you for your interest in Braun Consulting Group. (Back to the Braun Alain Menu) 1326 5th Ave, Suite 339 / Seattle, WA 98101 Phone 206-623-5155 Contact Braun -BCG © 1996 - 2004 Braun Consulting Group Site by - AJ Consulting http://www braunconsulting.corn/bcg/braun2.htm Page 4 of4