HomeMy WebLinkAbout02/15/2022 06.M. Resolution awarding RFQP 12127QP and authorizing an agreement with Trupp HR, Inc. to provide Salary Survey Consulting Services 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.M.
For Meeting of: February 15, 2022
ITEM TITLE: Resolution awarding RFQP 12127QP and authorizing an
agreement with Trupp HR, Inc. to provide Salary Survey Consulting
Services
SUBMITTED BY: Maria Mayhue, Purchasing Manager
SUMMARY EXPLANATION:
The City of Yakima Human Resources Department is in need of a consultant to review the City of
Yakima's salary schedule,job classifications and the duties performed by said positions, to
ensure classifications are compensated at an equitable level across the City based on the level of
authority, scope of responsibility, and the knowledge, skills and abilities required for each
position.
The review will include looking for consistency across departments for similar jobs with respect to
skills, knowledge, abilities, education and experience requirements, as well as consistency in
form and substance with other jobs in the relevant or comparable classifications. The consultant
will further conduct an FLSA review for each position.
A Request for Qualifications and Proposals procurement process resulted in a Recommendation
of Award to Trupp HR, Inc. per the attached Recommendation of Award Memo.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D Resolution Authorizing Award and Agreement with Trupp 2/2/2022 Resolution
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❑ Recommendation of Award Memo 2/2/2022 Corer Memo
❑ 12127QP Agreement 2/2/2022 Contract
❑ Exhibit A to Agreement 2/2/2022 Exhibit
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RESOLUTION NO. R-2022-
A RESOLUTION awarding RFQP 12127QP and authorizing an agreement with Trupp HR,
Inc. to provide Salary Survey Consulting Services
WHEREAS, the City of Yakima Human Resources Department is in need of a consultant
to review the City of Yakima's salary schedule, job classifications and the duties performed by
said positions, to ensure classifications are compensated at an equitable level across the City;
and
WHEREAS, the City of Yakima issued a Request for Qualifications and Proposals
(RFQP) to provide said services; and
WHEREAS, Trupp HR, Inc. was determined to be most qualified to perform the needed
services per the attached Recommendation of Award Memo; and
WHEREAS, the City desires to enter into a Professional Services Agreement with Trupp,
HR, Inc. to perform the services necessary to complete the salary survey; and,
WHEREAS, the Scope of Services and Cost Proposal included in this Agreement meet
the needs and requirements of the City of Yakima for this project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with Trupp HR, Inc., attached hereto and incorporated herein by this reference to provide the
Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 15th day of February, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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- Purchasing Division
Memo
To: Bob Harrison, City Manager
From: Maria Mayhue, Purchasing Manager
Date: January 21, 2022
Re: Recommendation of Award RFQP 12127Q—Salary Survey Consulting Services
We are pleased to announce the solicitation and evaluation process for a selecting a consultant to provide Salary
Survey Consulting Services for Human Resources is complete.
On November 29, 2021, Requests for Qualifications and Proposals (RFQP) were accepted from interested
parties to provide the City with these services. Submittals were received from the following:
1. Baker Tilly US, LLP 3. Compensation Connections LLC
2. Gallagher 4. Trupp HR, Inc.
An evaluation committee was formed with the following individuals:
Connie Mendoza, HR Director Maria Mayhue, Purchasing Manager(non-scoring)
Debbie Korevaar, HR Chief Examiner Colleen Chapin, City of Pasco HR Director
Purchasing reviewed the Submittals for responsiveness to the RFQP specifications.All were determined to meet
the minimum requirements of the RFQP. Reference checks were done for all Proposers.
The committee met on January 11, 2022. All committee members were in attendance. The Submittals were
subjected to a scoring matrix, where they were judged in four different areas, worth a total of 100 points. There
were 3 scoring committee members, with a total of 300 points possible. The committee chose Trupp HR, Inc.
( 258 points) as the top scoring Proposer, meeting the requirements of the RFQP.
The committee recommends Trupp HR, Inc. as the selected consultant.
Please approve this Recommendation of Award, as outlined above for these services. The final Agreement will
be presented to Council for approval.
A .
i
Bob Harrison, City Manager
Maria S. Mayhue#575-6094
maria.mayhue@yakimawa.gov
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PROFESSIONAL SERVICES AGREEMENT
Salary Survey Consulting Services for City of Yakima Human Resources
THIS PROFESSIONAL SERVICES AGREEMENT,entered into on the date of last execution, between the City
of Yakima, a Washington municipal corporation ("City"), and Trapp HR, Inc., ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and
agree as follows:
1. Statement of Work
The minimum services (hereinafter referred to as "Services") that the Contractor will provide include
services described in RFQP 12127Q, which are attached as Exhibit A, attached hereto and incorporated
herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein,
which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the
Contractor's Proposal submittal at the time and in the manner and upon the conditions provided for the
Contract.
3. Contract Term
4. The period of this Contract shall be for a period of one year from its effective date. The City may, at
its option, extend the Contract on a year to year basis for up to four(4) additional years. Contract
extensions shall be automatic, and shall go into effect without written confirmation, unless the City
provides advance notice of the intention to not renew. Agency Relationship between City and
Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City
with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as,
an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement
or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor,shall assign, transfer,or encumber any rights, duties, or
interests accruing from this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and
assigns,does hereby agree to the full performance of all the covenants herein contained upon
the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of
the City and shall be surrendered to the City upon demand. All information concerning the City and said
project which is not otherwise a matter of public record or required by law to be made public, is
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confidential, and the Contractor will not, in whole or part, now or at any time disclose that information
without the express written consent of the City.
7. Inspection and Production of Records
a. The records relating to the Services shall,at all times,be subject to inspection by and with the
approval of the City, but the making of (or failure or delay in making) such inspection or
approval shall not relieve Contractor of responsibility for performance of the Services in
accordance with this Contract, notwithstanding the City's knowledge of defective or non-
complying performance, its substantiality or the ease of its discovery. Contractor shall
provide the City sufficient, safe, and proper facilities, and/or send copies of the requested
documents to the City. Contractor's records relating to the Services will be provided to the
City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are
related to the Services of this Contract as may be requested by the City.
c. All records relating to Contractor's services under this Contract must be made available to the
City, and the records relating to the Services are City of Yakima records. They must be
produced to third parties, if required pursuant to the Washington State Public Records Act,
Chapter 42.56 RCW,or by law. All records relating to Contractor's services under this Contract
must be retained by Contractor for the minimum period of time required pursuant to the
Washington Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire,and shall be
the property of the City. The City shall own any and all data,documents, plans,copyrights,specifications,
working papers, and any other materials the Contractor produces in connection with this Contract. On
completion or termination of the Contract, the Contractor shall deliver these materials to the City.
9. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract 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, including policies adopted by the City, as
those laws, ordinances, rules, regulations, and policies now exist or may hereafter be amended or
enacted. Contractor shall procure and have all applicable and necessary permits, licenses and approvals
of any federal,state,and local government or governmental authority or this project, pay all charges and
fees, and give all notices necessary and incidental to the due and lawful execution of the work.
Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals of any
federal, state, and local government or governmental authority or this project, pay all charges and fees,
and give all notices necessary and incidental to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must maintaina City of Yakima Business
License and pay all charges,fees, and taxes associated with said license.
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b. Contractor must provide proof of a valid Washington department of Revenue state excise tax
registration number,as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI)
number. Contractor must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
e. Foreign (Non-Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City,County or State prior to submitting a proposal, it is
specifically understood and agreed that any such corporation will promptly take all necessary
measures to become authorized to conduct business in the City of Yakima, at their own
expense, without regard to whether such corporation is actually awarded the contract, and
in the event that the award is made, prior to conducting any business in the City.
10. Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion,
national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy,veteran's status,
political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of
the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities
Act(42 USC 12101 et seq.).
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.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with
any such rules, regulations,or orders,this Contract may be cancelled,terminated,or suspended in whole
or in part and the Contractor may be declared ineligible for any future City contracts.
11. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants
because they have inquired about,discussed,or disclosed their own pay or the pay of another employee
or applicant. However,employees who have access to the compensation information of other employees
or applicants as a part of their essential job functions cannot disclose the pay of other employees or
applicants to individuals who do not otherwise have access to compensation information, unless the
disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent
with the contractor's legal duty to furnish information.
12. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to
persons or property. The Contractor agrees to release, indemnify,defend,and hold harmless
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the City, its elected and appointed officials, officers, employees, agents, representatives,
insurers, attorneys,and volunteers from all liabilities, losses, damages, and expenses related
to all claims, suits, arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act,
errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in
performance of this Agreement, except for claims caused by the City's sole negligence. The
City's right to indemnification includes attorney's fees and costs associated with establishing
the right to indemnification hereunder in favor of the City.
b. If any suit,judgment,action,claim or demand arises out of,or occurs in conjunction with,the
negligent acts and/or omissions of both the Contractor and the City, or their elected or
appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this
Contract, each party shall be liable for its proportionate share of negligence for any resulting
suit,judgment, action, claim, demand, damages or costs and expenses, including reasonable
attorneys' fees.
c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the
Contractor waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
Contractor's indemnification shall not be limited in any way by any limitation on the amount
of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs. Contractor
shall require that its subcontractors, and anyone directly or indirectly employed or hired by
Contractor, and anyone for whose acts Contractor may be liable in connection with its
performance of this Agreement,comply with the terms of this paragraph,waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The Parties acknowledge that they have mutually negotiated this
waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, the Contractor's liability, including the duty and cost to defend, shall be only to
the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a
right of indemnification in any third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
13. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in
effect insurance to protect the City and Contractor from and against any and all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide
and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves
the right to require higher limits should it deem it necessary in the best interest of the public.
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Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the
policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall
be included with the certificate. This Certificate of insurance shall be provided to the City, prior to
commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of
City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver
of Contractor's obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional
Insureds under this Contract. Any insurance,self-insurance or insurance pool coverage maintained by the
City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall
contribute to any settlements,defense costs,or other payments made by Contractor's insurance.lf at any
time during the life of the Contract, or any extension,Contractor fails to maintain the required insurance
in full force and effect, all work under the contract shall be discontinued immediately. Any failure to
maintain the required insurance may be sufficient cause for the City to terminate the Contract.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of
insurance and additional insured endorsements as proof of commercial liability insurance with a minimum
liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury
and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries
higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and
the City, its elected and appointed officials,employees, agents, attorneys and volunteers shall be named
as additional insureds for such higher limits. 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 Contract. The certificate of insurance and additional
insured endorsements shall name the City of Yakima, its elected and appointed officials, employees,
agents,attorneys and volunteers as additional insureds,and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City prior written notice. 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. The requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the
liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown
on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,
employees,agents,attorneys and volunteers shall be named as additional insureds for such higher limits.
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
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Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima,
its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds,
and shall contain a clause that the insurer will not cancel or change the insurance without first giving the
City prior written notice. 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. The requirements contained herein, as
well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to
and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this
contract. The business auto liability shall include Hired and Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease,and occupational health and safety laws,statutes,and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than
$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its
employees for services performed under the terms of this Contract. Contractor agrees to assume full
liability for all claims arising from this Contract including claims resulting from negligent acts of all
subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure
of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
d. Professional Liability
The Contractor shall provide evidence of Professional Liability insurance covering professional errors and
omissions. Contractor shall provide the City with a certificate of insurance as proof of professional liability
insurance with a minimum liability limit of One Million Dollars($1,000,000.00) per claim combined single
limit bodily injury and property damage, and One Million Dollars ($1,000,000.00) 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. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage
will continue in force for an additional two years after the completion of this contract. If insurance is on
a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the
effective date of this Contract.
14. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is
held invalid, such invalidity shall not affect other terms, conditions or applications which can be given
effect without the invalid term, condition or application. To this end, the terms and conditions of this
Contract are declared severable.
15. Contract Documents
This Contract, the Request for Qualifications & Proposals No. ####and TITLE Scope of Work, conditions,
addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City
documents) constitute the Contract Documents and are complementary. Specific Federal and State laws
and the terms of this Contract, in that order respectively,supersede other inconsistent provisions. These
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Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA,
98901,and are hereby incorporated by reference into this Contract.
16. Termination
Termination for Cause:
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole
discretion in such event that it provides the Contractor with written notice of Contractor's breach and the
Contractor fails to cure its breach within 30 days of this notice.
In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole
discretion in such event that it provides the City with written notice of City's breach and the City failes to
cure its breach of the Contract within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by
the Contractor:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a
legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-
imposed, 30-day notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in
the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be
Confidential Information, proprietary,or containing Personally Identifiable Information;
I. Contractor performance threatens the health or safety of a City, County or municipal
employee; or
Termination for Convenience:
The City may terminate the Contract, without cause, by providing 30 days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for
any fees owed under the Contract. The Contractor shall also be compensated for partially completed
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services. In this event, compensation for such partially completed services shall be no more than the
percentage of completion of the services requested, at the sole discretion of the City, multiplied by the
corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the
sole discretion of the City,the Contractor may be compensated for the actual service hours provided.The
City shall be entitled to a refund for goods or services paid for but not received or implemented, such
refund to be paid within 30 days of written notice to the Contractor requesting the refund.
Change in Funding: In addition to the above termination provisions,if the funds upon which the City relied
to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are
placed on such funding, the City may terminate this Contract by providing at least five business days
written notice to the Contractor. The termination shall be effective on the date specified in the notice of
termination.
17. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a
notice of default as to whether such default does constitute a breach of the contract, and if the parties
hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means
to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating
to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of
Washington. If both parties consent in writing, other available means of dispute resolution may be
implemented.
18. Re-Award
When the contract is terminated by the Contractor upon providing the written notice as herein required,
the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer
within 120 days from original award.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract,
or when the contract is terminated by the City for cause as herein provided, the City reserves the right to
re-award the contract to the next most responsible Proposer within 120 days from original award.
19. Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without a written
amendment, signed by the City Manager, or pursuant to Section 51 below entitled "Change or Notice".
Any violation of this procedure by the Contractor will be considered cause for immediate cancellation of
the Contract for cause by the City.
20. Contractor Shall Furnish
Except as otherwise specifically provided in this Contract, Contractor shall furnish the following, all as the
same may be required to perform and provide the services in accordance with the terms of this Contract:
personnel, labor, products and supervision; and technical, professional and other services. All such
services, products,property and other items furnished or required to be furnished,together with all other
obligations performed or required to be performed, by Contractor under this Contract are sometime
collectively referred to in this Contract as the "(Services)."
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21. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by one and
not mentioned in another shall be performed to the same extent as though required by all. Details of the
services that are not necessary to carry out the intent of this Contract,but that are not expressly required,
shall be performed or furnished by Contractor as part of the services, without any increase in the
compensation otherwise payable under this Contract.
22. Invoices
The City will use its best efforts to pay each of Contractor's invoices within thirty (30) days after the City's
receipt and verification thereof; provided, however, that all such payments are expressly conditioned
upon Contractor providing services hereunder that are satisfactory to the City. The City will notify the
Contractor promptly if any problems are noted with the invoice. To insure prompt payment,each invoice
should cite purchase order number, RFQP number, detailed description of work, unit and total price,
discount term and include the Contractor's name and return remittance address.
Contractor will mail invoices to the City at the following address:
City of Yakima
Attn: Connie Mendoza
129 N 2nd Street
Yakima,WA 98901
23. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact
with regard to all contractual matters arising hereunder, including the performance of services and the
payment of any and all charges resulting from its contractual obligations.
24. Delegation of Professional Services
The services provided for herein shall be performed by Contractor, and no person other than regular
associates or employees of Contractor shall be engaged on such work or services. Contractor shall not(by
contract,operation of law or otherwise)delegate or subcontract performance of any services to any other
person or entity without the prior written consent of the City. Any such delegation or subcontracting
without the City's prior written consent shall be voidable at the City's option.
No delegation of subcontracting of performance of any of the services, with or without the City's prior
written consent, shall relieve Contractor of its responsibility to perform the services in accordance with
this Contract. Contractor shall be fully responsible for the performance, acts and omissions of
Contractor's employees, Contractor's subcontractors, and any other person who performs or furnishes
any services (collectively,the "Support").
Contractor shall at all times be an independent contractor and not an agent or representative of the City
with regard to performance of the services. Contractor shall not represent that it is, nor hold itself out as,
an agent or representative of the City. In no event shall Contractor be authorized to enter into any
agreement or undertaking for or on behalf of the City. Neither the Contractor nor any employee of the
Contractor is entitled to any benefits that the City provides its employees. The Contractor is solely
responsible for payment of any statutory workers compensation or employer's liability insurance as
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required by state law. The Contractor will have an active account with the Department of Revenue,other
state agencies as needed, and a separate set of books or records that reflect all items of income and
expenses of the business that the Contractor is conducting.
Contractor shall perform the services in a timely manner and in accordance with the standards of the
profession. At the time of performance, Contractor shall be properly licensed, equipped,organized, and
financed to perform the services in accordance with this Contract. Subject to compliance with the
requirements of this Contract, Contractor shall perform the services in accordance with its own methods.
25. Licenses [APPLIES WHEN BUSINESS IS BEING CONDUCTED IN CITY LIMITS]
If applicable, Contractor shall have a valid and current business license per Chapter 5.52 Section 5.02.010
of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code
provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc.,
should be made to the Office of Code Administration,telephone (509) 575-6121.
In addition,Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code
of Washington and their registration number must be listed on the bid/RFP/quote.
Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or
property damage that may occur in connection with the services.
26. Removal of Subcontractor
If dissatisfied with the background,performance,and/or general methodologies of any subcontractor,the
City may request in writing that the subcontractor be removed. The Contractor shall comply with this
request at once and shall not employ the subcontractor for any further work/services under this Contract.
27. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including
but not limited to federal income tax, FICA, social security tax, assessments for unemployment and
industrial injury insurance, and other deductions from income which may be required by law or assessed
against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a
result of this Contract, Contractor shall pay the same before it becomes due.
The City and its agencies are exempt from payment of all federal excise taxes, but not sales tax (currently
at 8.3%). Tax will not be considered in determining which proposal is the lowest or best, however RCW
39.30.040 allows the City to take any sales tax and B&O tax that is will receive from purchasing supplies,
materials and equipment within its boundaries into consideration when determining the lowest
responsible Proposer.
28. Contractor Tax Delinquency
Contractors who have a delinquent Washington tax liability may have their payments offset by the State
of Washington.
29. Inspection: Examination of Records
The Contractor agrees to furnish the City with reasonable periodic reports and documents as it may
request and in such form as the City requires pertaining to the work or services undertaken pursuant to
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this Agreement. The costs and obligations incurred or to be incurred in connection therewith, and any
other matter are to be covered by this Agreement.
The records relating to the services shall,at all times, be subject to inspection by and with the approval of
the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve
Contractor of responsibility for performance of the services in accordance with this Contract,
notwithstanding the City's knowledge of defective or non-complying performance,its substantiality or the
ease of its discovery. Contractor shall provide the City sufficient,safe,and proper facilities and equipment
for such inspection and free access to such facilities.
30. Recordkeeping and Record Retention
The Contractor shall establish and maintain adequate records of all expenditures incurred under the
contract. All records must be kept in accordance with generally accepted accounting procedures. All
procedures must be in accordance with federal, state and local ordinances.
The City shall have the right to audit, review, examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this proposal held by the Contractor. The Contractor
will retain all documents applicable to the contract for a period of not less than three (3) years after final
payment is made.
31. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City for any
purpose other than the limited purposes set forth in this Contract, and all related and necessary actions
taken in fulfillment of the obligations there under. Contractor shall hold all Confidential Information in
confidence,and shall not disclose such Confidential Information to any persons other than those directors,
officers, employees, and agents ("Representatives") who have a business-related need to have access to
such Confidential Information in furtherance of the limited purposes of this Contract and who have been
apprised of, and agree to maintain, the confidential nature of such information in accordance with the
terms of this Contract.
Contractor shall institute and maintain such security procedures as are commercially reasonable to
maintain the confidentiality of the Confidential Information while in its possession or control including
transportation,whether physically or electronically.
Contractor shall ensure that all indications of confidentiality contained on or included in any item of
Confidential Information shall be reproduced by Contractor on any reproduction, modification, or
translation of such Confidential Information. If requested by the City in writing, Contractor shall make a
reasonable effort to add a proprietary notice or indication of confidentiality to any tangible materials
within its possession that contain Confidential Information of the City,as directed.
Contractor shall maintain all Confidential Information as confidential for a period of three (3) years from
the date of termination of this Contract, and shall return or destroy said Confidential Information as
directed by the City in writing.
Contractor may disclose Confidential Information in connection with a judicial or administrative
proceeding to the extent such disclosure is required under law or a court order, provided that the City
shall be given prompt written notice of such proceeding if giving such notice is legally permissible.
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32. Suspension of Work
The City may suspend, in writing by certified mail, all or a portion of the Service under this Agreement if
unforeseen circumstances beyond the City's control are interfering with normal progress of the Service.
The Contractor may suspend, in writing by certified mail, all or a portion of the Service under this
Agreement if unforeseen circumstances beyond Contractor's control are interfering with normal progress
of the Service. The Contractor may suspend Service on the Project in the event the City does not pay
invoices when due,except where otherwise provided by this Agreement. The time for completion of the
Service shall be extended by the number of days the Service is suspended. If the period of suspension
exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are
granted the option to terminate the Service on the suspended portion of Project in accordance with
Section 16.
33. Provision of Services
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in
accordance with accepted industry practices, standards and legal requirements, and to the City 's
satisfaction; the City decision in that regard shall be final and conclusive. The City may inspect, observe
and examine the performance of the services performed on the City premises at any time. The City may
inspect, observe and examine the performance of Contractor's services at reasonable times, without
notice,at any other premises.
a. If the City notifies the Contractor that any part of the services rendered are inadequate or in
any way differ from the Contract requirements for any reason, other than as a result of the
City's default or negligence,the Contractor shall,at its own expense, reschedule and perform
the services correctly within such reasonable time as the City specifies. This remedy shall be
in addition to any other remedies available to the City by law or in equity.
b. The Contractor shall be solely responsible for controlling the manner and means by which it
and its Contracted Personnel or its subcontractors perform the services, and the Contractor
shall observe, abide by, and perform all of its obligations in accordance with all legal
requirements and City work rules.
34. Assignment
This Contract, or any interest herein,or claim hereunder,shall not be assigned or transferred in whole or
in part by Contractor 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 Contractor stated herein.
35. No Conflict of Interest
Contractor represents that it or its employees do 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
Contract. Contractor further covenants that it will not hire anyone or any entity having such a conflict of
interest during the performance of this Contract.
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36. Contract Preservation
If any provision of the Agreement, or the application of such provision, shall be rendered or declared
invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the
remaining parts or portions of this Agreement shall remain in full force and effect.
37. Promotional Advertising/News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any official or
employee for commercial promotion is prohibited. News releases pertaining to this procurement shall
not be made without prior approval of the City. Release of broadcast e-mails pertaining to this
procurement shall not be made without prior written authorization of the contracting agency.
38. Time is of the Essence
Timely provision of the services required under this Contract shall be of the essence of the Contract,
including the provision of the services within the time agreed or on a date specified herein.
39. Expansion clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any
other item normally offered by the Contractor, as long as the price of such additional products is based
on the same cost/profit formula as the listed item/service. At any time during the term of this contract,
other City departments may be added to this contract, if both parties agree.
40. Patent Infringement
The contractor selling to the City the articles described herein guarantees the articles were manufactured
or produced in accordance with applicable federal labor laws. Further,that the sale or use of the articles
described herein will not infringe any United States patent. The contractor covenants that it will at its
own expense defend every suit which shall be brought against the City (provided that such contractor is
promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of
any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and
profits recoverable in any such suit.
41. Warranty
Unless otherwise specifically stated by the Proposer, Contractor warrants that all goods and/or services
furnished under this contract are warranted against defects by the Proposer for one (1) year from date of
receipt,are new,conform strictly to the specifications herein,are merchantable,good workmanship,free
from defect, are fit for the intended purpose of which such goods and services are ordinarily employed
and if a particular purpose is stated in a Special Condition, the goods are then warranted as for that
particular purpose. Contractor further warrants that no violation of any federal,state or local law,statute,
rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment,
installation or use of any other goods. Contractor's warranties (and any more favorable warranties,
service policies,or similar undertaking of Contractor) shall survive delivery, inspection,and acceptance of
the goods or services.
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42. Access and Review of Contractor's Facilities
The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and/or
Contractor's Subcontractor upon request and reasonable notice during the term of the Contract and
Contract renewals/extensions.
43. Facility Security
The City may prohibit entry to any secure facility, or remove from the facility, a Contract employee who
does not perform his/her duties in a professional manner, or who violates the secure facility's security
rules and procedures. The City reserves the right to search any person, property, or article entering its
facilities.
44. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this
Contract shall not impair the right of the party not in default to avail itself of any subsequent breach
thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement,
covenant or condition of this Contract,or to exercise any right herein given in any one or more instances,
shall not be construed as a waiver or relinquishment of any such agreement,covenant,condition or right.
45. Integration
This Contract, along with the City of Yakima's RFQP 12127Q Salary Survey Consulting Services and the
Contractor's response to the Request for Qualifications ("RFQP"), represents the entire understanding of
the City and Contractor as to those matters contained herein. No prior oral or written understanding shall
be of any force or effect with respect to those matters covered herein. This Contract may not be modified
or altered except in writing signed by both parties.
46. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics,
pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies
the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays
(acts of God, etc.) the date of delivery will be extended for a period equal to the time lost due to the
reason for delay.
47. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
48. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent
jurisdiction in Yakima County,Washington.
49. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has
been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor
to all the terms, performances and provisions of this Contract.
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50. Notice of Change in Financial Condition
If,during the Contract Term,the Contractor experiences a change in its financial condition that may affect
its ability to perform under the Contract,or experiences a change of ownership or control,the Contractor
shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition
or change of ownership or control shall be sufficient grounds for Contract termination.
51. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in
writing and signed by both responsible parties; no changes without such signed documentation shall be
valid. No alterations outside of the general scope and intent of the original Request for Proposals or in
excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized
herein or any properly executed amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of
any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The
Contractor shall notify the City in writing as soon as possible,and in no event later than three (3) business
days, after any decision by the Contractor to change or discontinue service that will affect services
provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required
to accommodate a change in governing law or policy that, in the sole discretion of the City, either
substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance,
enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or
unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the
parties at their addresses as follows:
TO CITY: AND ALSO TO: TO Trupp HR, Inc.:
Connie Mendoza Maria Mayhue Casey Rillahan
Human Resources Director Purchasing Manager Primary Contact
City of Yakima City of Yakima Triipp HR, Inc.
129 North 2nd Street 129 North 2nd Street 7325 NE Imbrie Drive
Yakima WA,98901 Yakima,WA 98901 Hillsboro, OR 97124-7595
52. Survival
The foregoing sections of this Contract, 2-51 inclusive, shall survive the expiration or termination of this
Contract in accordance with their terms.
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IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA Trupp HR, Inc.
By:
Robert Harrison, City Manager
Date: Date:
Attest: (Print name)
City Clerk
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EXHIBIT A TO AGREEMENT
City of Yakima RFQP Specifications
Separate Attachment
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EXHIBIT B TO AGREEMENT
COST PROPOSAL
Deliverables and Payment Schedule of Itemized Prices
tr Salary Survey Consulting Services Proposal
CITY OF YAKIMA
Cost Proposal
ACTIVITY Estimated Unit Total
Units Rate Cost
Project Launch+ 40 hours $175.00 per hour $7,000
Management
Classification Study 140 hours $175.00 per hour $24,500
Compensation Study' 60 hours $175.00 per hour $10,500
221 positions $295 per position $65,195
Implementation& 40 hours $175.00 per hour $7,000
Maintenance
TOTAL $114,195
1 Pricing based on S primary comparator entities,with up to 6 additional alternatives if less than 4 matches found in primary
comparator entities.8enchmarking of up to 221 positions(7ax of 315).
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of N
Request for Qualifications and Proposals (RFQP) 12127QP
Salary Survey Consulting Services
Issue Date: November 8, 2021
City of Yakima
RFQP 12127Q Salary Survey Consulting Services Page 1 of 28
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Request for Qualifications & Proposals (RFQP) No. 12127QP
Salary Survey Consulting Services
for Human Resources
THE OPPORTUNITY
The City of Yakima is requesting Qualifications & Proposals from qualified firms to provide salary survey
consulting services and produce a market study report.
Goal:The City desires to maintain internal equity while also being competitive and fair.
BACKGROUND
The City of Yakima has approximately seven hundred and fifty (750) full-time and part-time employees.
The City has ten (10) labor groups with a combined nine (9)different collective bargaining agreements. Of
the ten (10) labor groups,three (3) are sworn public safety(fire and police),which are excluded from the
present scope of work.The remaining seven (7) labor groups with six (6) contracts, include both non-civil
service and civilian civil services positions. In total,the City has approximately 400 unique positions.
The City of Yakima is a full-service city comprised of ten (10) departments and multiple divisions including
but not limited to:fire,police,police services,municipal jail,municipal court,legal,finance,utility services,
purchasing, engineering, city manager's office, human resources, information technology, community
relations (YPAC/YCTV), community development, codes, planning, housing (ONDS), Yakima Air Terminal,
and public works which includes transit, streets/traffic, equipment rental, refuse, water/irrigation,
wastewater and parks and recreation.
AGREEMENT AND COMPENSATION
The successful Proposer will be offered the opportunity to enter into a Professional Services Agreement
(see ATTACHMENT A)with the City to provide services. In the event that a proposer has concerns with the
attached contract terms and conditions(T&Cs),they must address those concerns within their submitted
proposal. The City may or may not consider any of the Proposer's suggested revisions. Any changes or
amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest
of the City. Requests to modify the T&Cs after the solicitation's closing date and time will not be
considered.
The Proposer selected for this effort will need to meet insurance requirements for professional services
required by the City of Yakima (see ATTACHMENT B).
SCOPE OF WORK
Market Study:
The goal of the City is to keep its salaries competitive with the market average, and further to ensure its
compensation plan is externally competitive and internally equitable.
The basic premises and most important factor for this work is reviewing the City of Yakima's salary
schedule, job classifications and the duties performed by said positions, to ensure classifications are
compensated at an equitable level across the City based on the level of authority,scope of responsibility,
and the knowledge, skills and abilities required for each position. The selected Proposer will be making
RFQP 12127Q Salary Survey Consulting Services Page 2 of 28
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determinations based on job descriptions as they are currently written and with any necessary
clarification or updated information to be provided by the Chief Examiner upon request. The selected
Proposer will be tasked with developing a comparator agency list.
We anticipate that approximately 315 unique positions(this number excludes public safety sworn fire and
police positions) will be included in the market survey. The consultant will survey the identified
comparators to gather compensation data for each classification. Once finalized, the consultant will
recommend placement of the classifications in pay ranges based on external market competitiveness and
internal equity.The recommendations will be reviewed with the HR Director,Chief Examiner,and a Senior
HR Specialist. Additional City Staff may be determined by the HR Director as necessary. .
The review will include looking for consistency across departments for similar jobs with respect to skills,
knowledge, abilities, education and experience requirements, as well as consistency in form and
substance with other jobs in the relevant or comparable classifications. The consultant will further
conduct an FLSA review for each position.
Attached for reference (ATTACHMENT C) are the City's compensation/classification and pay
administration policies,the Master Pay Ordinance and the Pay Grades utilized for the classification groups.
QUALIFICATION PACKET/PROPOPSAL DOCUMENTS
Qualification Requirements:
Proposals shall include a cover letter.The letter must be signed by an authorized agent.
The submitted Proposal should be prepared succinctly, providing a straightforward, concise delineation
of the approach and capabilities necessary to satisfy the requirements of the RFQP.
These instructions were prepared to aid in proposal development. They also provide for a structured
format so reviewers can systematically evaluate several proposals. Each copy of the proposal package
must include all of the sections in the order indicated. Attachments should be clearly referenced and
identified to facilitate the review process.
Proposers should address the following in their Proposal:
1. Project Approach and Understanding:
Information under this section should include, but not be limited to, your understanding of the City's
requirements, and a proposed project schedule and your firm's approach:
a. Demonstrate a clear understanding of the project by providing a concise, description of how
you propose to resolve the issues identified in this RFQP.
b. Provide a detailed description of proposed services and the means and methods to be used
to accomplish the tasks identified in the Scope of Work section. This work plan will detail
team assignments and narratives of work approach and work force,and schedule of activities
with time allocations.
c. Provide a detailed description of the firm's approach to overall project management,
allocation of resources, and integration of all activities required by the Scope of Work.
RFQP 12127Q Salary Survey Consulting Services Page 3 of 28
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d. Provide details describing lines of authority and responsibility,and how your firm will respond
proactively to problems and changes to the Scope of Work.
2. Proposer Capabilities&Qualifications:
Provide an overview of Proposer's organization, size and experience; major clients; areas of expertise;
approximate number of Proposer's staff to be assigned to this project; unique qualifications of Proposer's
firm; and other matters that the Proposer feels would assist the City in the evaluation process.
a. Provide company description; include number of years in business, size, specialties,etc.
b. Provide name, title, brief description of duties,years of pertinent experience and availability
for each staff member that will be assigned to this contract.
c. Describe other resources your firm intends to commit to provide the required services under
this contract.
d. Provide a detailed explanation describing how your firm, and the personnel assigned to this
project,will perform the work required while also working on other on-going projects.
e. Provide a list of best practices your company utilizes when making recommendations.
T. Provide information describing previous experience with governmental agencies (preferably
cities) for similar contracts that best characterize your firm's capabilities and work quality.
g. Provide the name and address of any sub-consultant that may perform work under this
contract and what services they may provide. Include information about their pertinent
experience and the name,title and brief description of duties and years of related experience
for each staff member that will be assigned this project.
3. References:
List three (3) professional references (with email addresses and phone numbers)who are able to provide
information regarding your ability to perform the services described herein.
4. Cost Proposal:
Provide a fixed cost proposal for all personnel requirements and any other applicable costs associated
with the services to be provided. Include the hourly rates of those individuals that may perform work
under this contract.
5. Insurance:
Include proof of the ability to obtain the required insurance,should your firm be awarded a contract.This
can be accomplished by including in your response, a letter from your insurance company assuring that
you can obtain a proper certificate of insurance per the limits listed in ATTACHMENT B.
RFQP 12127Q Salary Survey Consulting Services Page 4 of 28
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RFQP GENERAL TERMS AND CONDITIONS
1. Other Information:
Per Washington State Public Disclosure Act (RCW 42.56 et seq.), documents submitted under this
Specification shall be considered public records and, with limited exceptions, will be made available for
inspection and copying by the public.
Proposers should be aware that any records they submit to the City or that are used by the City, even if
the proposers possess the records, may be public records under the Washington Public Records Act(RCW
42.56).The City must promptly disclose public records upon request unless a statute exempts them from
disclosure. Proposers should also be aware that if even a portion of a record is exempt from disclosure,
generally, the rest of the record must be disclosed. Exemptions, including those for trade secrets and
"valuable formula," are narrow and specific.
2. Retention of Rights:
The City reserves the right to cancel this RFQP or accept or reject any or all proposals submitted or to
waive any minor formalities of this call if the best interest of the City would be served.
3. Costs for developing responses:
The City will not reimburse proposers for any costs involved in the preparation and submission of
responses to this RFQP or in the preparation for and attendance at subsequent interviews. Furthermore,
this RFQP does not obligate the City to accept or contract for any expressed or implied services. The City
reserves the right to request any Consultant to clarify their proposal or to supply any additional material
deemed necessary to assist in the evaluation of the Consultant. All responses and accompanying material
will become the property of the City and will not be returned.
4. Cooperative Purchasing:
The Washington State Interlocal Cooperative Act(RCW 39.34) provides that other governmental agencies
may purchase goods or services on this solicitation or contract in accordance with the terms and prices
indicated therein if all parties agree.The City of Yakima does not accept any responsibility or involvement
in the purchase orders or contracts issued by other public agencies.
TENTATIVE SCHEDULE
Schedule can be changed at any time by the City.
Preliminary RFQP Schedule
Request for Qualifications Released November 8, 2021
Qualification Packets Due—Close date November 29, 2021 at 11:00 AM
Interviews, if warranted Week of November 29—December 3
Contractor Selection Week of November 29—December 3
City Council Contract Approval December 14, 2021
RFQP 12127Q Salary Survey Consulting Services Page 5 of 28
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CONTRACTOR SELECTION
Proposals will be evaluated based on the following criteria:
Qualification and Experience Points
1 Project Approach and Understanding 25
2 Proposer Capabilities& Qualifications 40
3 References 15
4 Cost Proposal 20
TOTAL 100
The Cost Proposal section shall receive a weighted score, based upon the ratio of the lowest proposal to
the highest proposal. The lowest cost Proposal will receive the maximum number of points available for
the cost category and other proposals will be scored accordingly.
Results of reference checks will be used to clarify and substantiate information in the written proposals.
The reference results shall then be considered when scoring the responses to the requirements in the
RFQP.
The points stated above are the maximum amount awarded for each category.The evaluation process is
designed to recommend award of this procurement to the proposal that is the best value of the City, not
necessarily the lowest cost Proposal.
Following initial review and scoring of the Proposals by the Selection Committee,one or more firms may
be selected to participate in an interview, to provide the opportunity for more detailed presentation of
their proposal. The Selection Committee will then finalize scoring of the proposals and presentations.
The City will attempt to reach a final agreement with the highest scoring Proposer;however,the City may,
at its sole discretion,terminate negotiations and reject the Proposal if it appears an agreement cannot be
reached. The City may then attempt to reach a final agreement with the next highest scoring Proposer
and may continue on, in the same manner,with remaining Proposers until an agreement is reached.
If required, upon successful completion of contract negotiations, a recommendation will be forwarded to
City Council for approval. Until approved by City Council, no contract can be executed and no award is
final.
CONTACT:
Should you have questions, please provide them in writing to Maria Mayhue, Purchasing Manager via
email: maria.mayhue(a yakimawa.gov
Please submit questions at least five (5) business days prior to the RFQP due date, to allow time for
response in the form of an addendum.
RFQP 12127Q Salary Survey Consulting Services Page 6 of 28
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SUBMITTAL INSTRUCTIONS
DUE DATE/TIME IS 11:00 AM PST, Monday, November 29,2021. Interested firms are to provide one (1)
original, signed hardcopy and one digital copy on a flash drive to the address listed below. Seal your
proposal in an envelope and write"RFQ 12127Q Salary Survey Consulting Services- HR"on the outside of
it. Proposals received after the due date will not be accepted. Proposals submitted by email or fax will not
be accepted.
Proposals will be received by the City Clerk,or their designee.
All Proposals must be in writing on the form bound in the Specifications, sealed and filed with the City
Clerk's office on or before the day and hour above mentioned.
Mail or hand-deliver to:
City of Yakima Clerk's Office
129 No. 2nd Street
Yakima,WA 98901
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
Salary Survey Consulting Services for City of Yakima Human Resources
THIS PROFESSIONAL SERVICES AGREEMENT,entered into this day of , 2021,between
the City of Yakima,a Washington municipal corporation ("City"), and , ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and
agree as follows:
1. Statement of Work
The minimum services (hereinafter referred to as "Services") that the Contractor will provide include
services described in "Deliverables and fee Schedule", which are attached as Exhibit A hereto and
incorporated herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit A, attached hereto and incorporated herein,
which Exhibit includes the deliverables and fee schedule of itemized prices in the manner and upon the
conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be from to .The City may,at its option,extend the
Contract on a month to month basis for up to twelve (12) additional months. Contract extensions shall be
automatic,and shall go into effect without written confirmation, unless the City provides advance notice
of the intention to not renew. Prices shall remain firm for the first twenty-four month period of the
Contract.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City
with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as,
an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement
or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor,shall assign, transfer,or encumber any rights, duties, or
interests accruing from this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and
assigns,does hereby agree to the full performance of all the covenants herein contained upon
the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of
the City and shall be surrendered to the City upon demand. All information concerning the City and said
RFQP 12127Q Salary Survey Consulting Services Page 8 of 28
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project which is not otherwise a matter of public record or required by law to be made public, is
confidential, and the Contractor will not, in whole or part, now or at any time disclose that information
without the express written consent of the City.
7. Inspection and Production of Records
a. The records relating to the Services shall,at all times,be subject to inspection by and with the
approval of the City, but the making of (or failure or delay in making) such inspection or
approval shall not relieve Contractor of responsibility for performance of the Services in
accordance with this Contract, notwithstanding the City's knowledge of defective or non-
complying performance,its substantiality or the ease of its discovery.Contractor shall provide
the City sufficient,safe,and proper facilities,and/or send copies of the requested documents
to the City. Contractor's records relating to the Services will be provided to the City upon the
City's request.
b. Contractor shall promptly furnish the City with such information and records which are
related to the Services of this Contract as may be requested by the City. Until the expiration
of six (6) years after final payment of the compensation payable under this Contract, or for a
longer period if required by law or by the Washington Secretary of State's record retention
schedule, Contractor shall retain and provide the City access to (and the City shall have the
right to examine, audit and copy) all of Contractor's books, documents, papers and records
which are related to the Services performed by Contractor under this Contract.
c. All records relating to Contractor's services under this Contract must be made available to the
City, and the records relating to the Services are City of Yakima records. They must be
produced to third parties, if required pursuant to the Washington State Public Records Act,
Chapter 42.56 RCW,or by law.All records relating to Contractor's services under this Contract
must be retained by Contractor for the minimum period of time required pursuant to the
Washington Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire,and shall be
the property of the City.The City shall own any and all data,documents, plans,copyrights,specifications,
working papers, and any other materials the Contractor produces in connection with this Contract. On
completion or termination of the Contract, the Contractor shall deliver these materials to the City.
9. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any
and all applicable laws, rules, ordinances and regulations adopted or promulgated by any governmental
agency or regulatory body, whether federal, state, local, or otherwise including policies adopted by the
City, as such laws, ordinances, rules, regulations and policies apply to the use and operation of City of
Yakima property, facilities and operations as those laws, ordinances, rules, regulations, and policies now
exist or may hereafter be amended or enacted.
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Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any
federal, state, and local government or governmental authority or this project, pay all charges and fees,
and give all notices necessary and incidental to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business
License and pay all charges,fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington department of Revenue state excise tax
registration number,as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI)
number. Contractor must have a current UBI number and not be disqualified from bidding on
any public works contract under RCW 39.06.101 or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
e. Foreign (Non-Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City,County or State prior to submitting a proposal, it is
specifically understood and agreed that any such corporation will promptly take all necessary
measures to become authorized to conduct business in the City of Yakima, at their own
expense, without regard to whether such corporation is actually awarded the contract, and
in the event that the award is made, prior to conducting any business in the City.
10. Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion,
national origin,sex,age,marital status,sexual orientation, pregnancy,veteran's status, political affiliation
or belief,or the presence of any sensory,mental or physical handicap in violation of the Washington State
Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et
seq.).
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.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with
any such rules, regulations,or orders,this Contract may be cancelled,terminated,or suspended in whole
or in part and the Contractor may be declared ineligible for any future City contracts.
11. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants
because they have inquired about,discussed,or disclosed their own pay or the pay of another employee
or applicant. However,employees who have access to the compensation information of other employees
or applicants as a part of their essential job functions cannot disclose the pay of other employees or
applicants to individuals who do not otherwise have access to compensation information, unless the
disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation,
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proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent
with the contractor's legal duty to furnish information.
12. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to
persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its
elected and appointed officials, officers, employees, attorneys, agents, and volunteers from
any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including reasonable costs and
attorney fees) which result or arise out of the negligent acts or omissions of Contractor, its
officials,officers,employees or agents.
b. If any suit,judgment,action,claim or demand arises out of,or occurs in conjunction with,the
negligent acts and/or omissions of both the Contractor and the City, or their elected or
appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this
Contract, each party shall be liable for its proportionate share of negligence for any resulting
suit,judgment, action, claim, demand, damages or costs and expenses, including reasonable
attorneys' fees.
c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering
work is done pursuant to this Contract, Contractor intends that its indemnification, defense,
and hold harmless obligations set forth above shall operate with full effect regardless of any
provision to the contrary in Title 51 RCW,Washington's Industrial Insurance Act. Accordingly,
to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold
harmless obligations set forth above, Contractor specifically waives any immunity granted
under Title 51 RCW, and specifically assumes all potential liability for actions brought by
employees of the Contractor against the City and its elected and appointed officials, officers,
employees, attorneys, agents, and volunteers. The parties have mutually negotiated this
waiver. Contractor shall similarly require that its subcontractors, and anyone directly or
indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be
liable in connection with its performance of this Agreement, shall comply with the terms of
this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential
liability for actions brought by their respective employees. The provisions of this section shall
survive the expiration or termination of this Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a
right of indemnification in any third party.
e. The terms of this section shall survive any expiration or termination of this Contract.
13. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in
effect insurance to protect the City and Contractor from and against any and all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide
and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves
the right to require higher limits should it deem it necessary in the best interest of the public.
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Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the
policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be
included with the certificate. This Certificate of insurance shall be provided to the City, prior to
commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of
City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver
of Contractor's obligation to maintain such insurance"
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of
insurance and additional insured endorsements as proof of commercial liability insurance with a minimum
liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury
and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries
higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and
the City, its elected and appointed officials,employees, agents, attorneys and volunteers shall be named
as additional insureds for such higher limits. 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 Contract.The certificate of insurance and additional insured
endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents,
attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel
or change the insurance without first giving the City prior written notice. 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. The requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the
liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on
the Certificate of Insurance and Endorsements and the City,its elected and appointed officials,employees,
agents, attorneys and volunteers shall be named as additional insureds for such higher limits. 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 Contract.
The certificate of insurance and additional insured endorsements shall name the City of Yakima,its elected
and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall
contain a clause that the insurer will not cancel or change the insurance without first giving the City prior
written notice. 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.The requirements contained herein,as well as City
of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not
in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.The
business auto liability shall include Hired and Non-Owned coverage if necessary.
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C. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease,and occupational health and safety laws,statutes,and regulations to the full extent
applicable,and shall maintain Employer's Liability insurance with a limit of no less than$1,000,000.00.The
City shall not be held responsible in any way for claims filed by Contractor or its employees for services
performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising
from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is
responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply
with insurance requirements does not limit Contractor's liability or responsibility.
d. Professional Liability
The Contractor shall provide evidence of Professional Liability insurance covering professional errors and
omissions. Contractor shall provide the City with a certificate of insurance as proof of professional liability
insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single
limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) 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. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage
will continue in force for an additional two years after the completion of this contract. If insurance is on a
claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the
effective date of this Contract.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional
Insureds under this Contract. Any insurance,self-insurance or insurance pool coverage maintained by the
City shall be in excess of the Contractor's insurance and shall not contribute to it.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required
insurance in full force and effect, all work under the contract shall be discontinued immediately. Any
failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,then, in
the event of liability for damages arising out of bodily injury to persons or damages to property caused by
or resulting from the concurrent negligence of Contractor and the City, its officers,elected and appointed
officials,employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to
the extent of the Contractor's negligence.
14. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is
held invalid, such invalidity shall not affect other terms, conditions or applications which can be given
effect without the invalid term, condition or application. To this end, the terms and conditions of this
Contract are declared severable.
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15. Contract Documents
This Contract, the Request for Qualifications & Proposals No. 12127Q Salary Survey Consulting Services
Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent
consistent with Yakima City documents) constitute the Contract Documents and are complementary.
Specific Federal and State laws and the terms of this Contract, in that order respectively,supersede other
inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager,
129 No. 2nd St.,Yakima,WA, 98901, and are hereby incorporated by reference into this Contract.
16. Termination
Termination for Cause: The City may terminate the Contract after providing the Contractor with thirty
(30) calendar days written notice of the Contractor's right to cure a failure of the Contractor to perform
under the terms of this Contract.
The Contractor may terminate the Contract after providing the City sixty (60) calendar days' notice of the
City's right to cure a failure of the City to perform under the terms of the Contract.
Upon the termination of the Contract for any reason, or upon Contract expiration, each party shall be
released from all obligations to the other party arising after the date of termination or expiration,except
for those that by their terms survive such termination or expiration
Termination for Convenience: Either party may terminate the Contract at any time, without cause, by
providing a written notice;the City by providing at least thirty(30)calendar days'notice to the Contractor,
and the Contractor providing at least thirty (30) calendar days' notice to the City in advance of the
intended date of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for
any fees owed under the Contract. The Contractor shall also be compensated for partially completed
services. In this event, compensation for such partially completed services shall be no more than the
percentage of completion of the services requested, at the sole discretion of the City, multiplied by the
corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the
sole discretion of the City,the Contractor may be compensated for the actual service hours provided.The
City shall be entitled to a refund for goods or services paid for but not received or implemented, such
refund to be paid within thirty(30) days of written notice to the Contractor requesting the refund.
Contract Cancellation: The City reserves the right to cancel the Contract in whole or in part without
penalty if the Contractor:
a. Breaches or defaults an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a
legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-
imposed, 30-day notice;
e. Makes an assignment for the benefit of creditors;
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f. Fails to follow the sales and use tax certification requirements of the State of Washington
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in
the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be
Confidential Information, proprietary,or containing Personally Identifiable Information,or
I. Contractor performance threatens the health or safety of a City, County or municipal
employee
m. Change in Funding: If the funds upon which the City relied to establish this Contract are
withdrawn, reduced, or limited, or if additional or modified conditions are placed on such
funding, the City may terminate this Contract by providing at least five business days written
notice to the Contractor. The termination shall be effective on the date specified in the notice
of termination.
17. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a
notice of default as to whether such default does constitute a breach of the contract, and if the parties
hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means
to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating
to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of
Washington. If both parties consent in writing, other available means of dispute resolution may be
implemented.
18. Re-Award
When the contract is terminated by the Contractor upon providing the written notice as herein required,
the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract,
or when the contract is terminated by the City for cause as herein provided,the City reserves the right to
re-award the contract to the next most responsible Proposer
19. Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without a written
amendment, signed by the City Manager, or pursuant to Section 52 below entitled "Change or Notice".
Any violation of this procedure by the Contractor will be considered cause for immediate cancellation of
the Contract for cause by the City.
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20. Contractor Shall Furnish
Except as otherwise specifically provided in this Contract, Contractor shall furnish the following, all as the
same may be required to perform and provide the services in accordance with the terms of this Contract:
personnel, labor, products and supervision; and technical, professional and other services. All such
services, products,property and other items furnished or required to be furnished,together with all other
obligations performed or required to be performed, by Contractor under this Contract are sometime
collectively referred to in this Contract as the "(Services)."
21. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by one and
not mentioned in another shall be performed to the same extent as though required by all. Details of the
services that are not necessary to carry out the intent of this Contract,but that are not expressly required,
shall be performed or furnished by Contractor as part of the services, without any increase in the
compensation otherwise payable under this Contract.
22. Invoices
The City will use its best efforts to pay each of Contractor's invoices within thirty (30) days after the City's
receipt and verification thereof; provided, however, that all such payments are expressly conditioned
upon Contractor providing services hereunder that are satisfactory to the City. The City will notify the
Contractor promptly if any problems are noted with the invoice.To insure prompt payment,each invoice
should cite purchase order number, RFQP number, detailed description of work, unit and total price,
discount term and include the Contractor's name and return remittance address.
Contractor will mail invoices to the City at the following address:
City of Yakima
Attn: Connie Mendoza
129 N 2nd Street
Yakima,WA 98901
23. Credit Card Acceptance
The City, in its sole discretion,will determine the method of payment for goods and/or services as part of
this agreement. The City's preferred method of payment is by procurement (credit) card. Proposers may
be required to have the capability of accepting the City's authorized procurement card as a method of
payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as
a form of payment.
24. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact
with regard to all contractual matters arising hereunder, including the performance of services and the
payment of any and all charges resulting from its contractual obligations.
25. Delegation of Professional Services
The services provided for herein shall be performed by Contractor, and no person other than regular
associates or employees of Contractor shall be engaged on such work or services. Contractor shall not(by
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contract,operation of law or otherwise)delegate or subcontract performance of any services to any other
person or entity without the prior written consent of the City. Any such delegation or subcontracting
without the City's prior written consent shall be voidable at the City's option.
No delegation of subcontracting of performance of any of the services, with or without the City's prior
written consent, shall relieve Contractor of its responsibility to perform the services in accordance with
this Contract.Contractor shall be fully responsible for the performance,acts and omissions of Contractor's
employees, Contractor's subcontractors, and any other person who performs or furnishes any services
(collectively,the "Support").
Contractor shall at all times be an independent contractor and not an agent or representative of the City
with regard to performance of the services. Contractor shall not represent that it is, nor hold itself out as,
an agent or representative of the City. In no event shall Contractor be authorized to enter into any
agreement or undertaking for or on behalf of the City. Neither the Contractor nor any employee of the
Contractor is entitled to any benefits that the City provides its employees. The Contractor is solely
responsible for payment of any statutory workers compensation or employer's liability insurance as
required by state law.The Contractor will have an active account with the Department of Revenue,other
state agencies as needed, and a separate set of books or records that reflect all items of income and
expenses of the business that the Contractor is conducting.
Contractor shall perform the services in a timely manner and in accordance with the standards of the
profession. At the time of performance, Contractor shall be properly licensed, equipped, organized, and
financed to perform the services in accordance with this Contract. Subject to compliance with the
requirements of this Contract, Contractor shall perform the services in accordance with its own methods.
26. Licenses
If applicable, Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010
of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code
provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc.,
should be made to the Office of Code Administration,telephone (509) 575-6121.
In addition,Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code
of Washington and their registration number must be listed on the bid/RFP/quote.
Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or
property damage that may occur in connection with the services.
27. Removal of Subcontractor
If dissatisfied with the background,performance,and/or general methodologies of any subcontractor,the
City may request in writing that the subcontractor be removed. The Contractor shall comply with this
request at once and shall not employ the subcontractor for any further work/services under this Contract.
28. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including
but not limited to federal income tax, FICA, social security tax, assessments for unemployment and
industrial injury insurance, and other deductions from income which may be required by law or assessed
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against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a
result of this Contract, Contractor shall pay the same before it becomes due.
The City and its agencies are exempt from payment of all federal excise taxes, but not sales tax (currently
at 8.3%). Tax will not be considered in determining which proposal is the lowest or best, however RCW
39.30.040 allows the City to take any sales tax and B&O tax that is will receive from purchasing supplies,
materials and equipment within its boundaries into consideration when determining the lowest
responsible Proposer.
29. Contractor Tax Delinquency
Contractors who have a delinquent Washington tax liability may have their payments offset by the State
of Washington.
30. Inspection: Examination of Records
The Contractor agrees to furnish the City with reasonable periodic reports and documents as it may
request and in such form as the City requires pertaining to the work or services undertaken pursuant to
this Agreement. The costs and obligations incurred or to be incurred in connection therewith, and any
other matter are to be covered by this Agreement.
The records relating to the services shall,at all times, be subject to inspection by and with the approval of
the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve
Contractor of responsibility for performance of the services in accordance with this Contract,
notwithstanding the City's knowledge of defective or non-complying performance,its substantiality or the
ease of its discovery.Contractor shall provide the City sufficient,safe,and proper facilities and equipment
for such inspection and free access to such facilities.
31. Recordkeeping and Record Retention
The Contractor shall establish and maintain adequate records of all expenditures incurred under the
contract. All records must be kept in accordance with generally accepted accounting procedures. All
procedures must be in accordance with federal, state and local ordinances.
The City shall have the right to audit, review, examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this proposal held by the Contractor. The Contractor
will retain all documents applicable to the contract for a period of not less than three (3) years after final
payment is made.
32. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City for any
purpose other than the limited purposes set forth in this Contract, and all related and necessary actions
taken in fulfillment of the obligations there under. Contractor shall hold all Confidential Information in
confidence,and shall not disclose such Confidential Information to any persons other than those directors,
officers, employees, and agents ("Representatives") who have a business-related need to have access to
such Confidential Information in furtherance of the limited purposes of this Contract and who have been
apprised of, and agree to maintain, the confidential nature of such information in accordance with the
terms of this Contract.
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Contractor shall institute and maintain such security procedures as are commercially reasonable to
maintain the confidentiality of the Confidential Information while in its possession or control including
transportation,whether physically or electronically.
Contractor shall ensure that all indications of confidentiality contained on or included in any item of
Confidential Information shall be reproduced by Contractor on any reproduction, modification, or
translation of such Confidential Information. If requested by the City in writing, Contractor shall make a
reasonable effort to add a proprietary notice or indication of confidentiality to any tangible materials
within its possession that contain Confidential Information of the City,as directed.
Contractor shall maintain all Confidential Information as confidential for a period of three (3) years from
the date of termination of this Contract, and shall return or destroy said Confidential Information as
directed by the City in writing.
Contractor may disclose Confidential Information in connection with a judicial or administrative
proceeding to the extent such disclosure is required under law or a court order, provided that the City
shall be given prompt written notice of such proceeding if giving such notice is legally permissible.
33. Suspension of Work
The City may suspend, in writing by certified mail, all or a portion of the Service under this Agreement if
unforeseen circumstances beyond the City's control are interfering with normal progress of the Service.
The Contractor may suspend, in writing by certified mail, all or a portion of the Service under this
Agreement if unforeseen circumstances beyond Contractor's control are interfering with normal progress
of the Service. The Contractor may suspend Service on the Project in the event the City does not pay
invoices when due, except where otherwise provided by this Agreement. The time for completion of the
Service shall be extended by the number of days the Service is suspended. If the period of suspension
exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are
granted the option to terminate the Service on the suspended portion of Project in accordance with
Section 16.
34. Provision of Services
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in
accordance with accepted industry practices, standards and legal requirements, and to the City 's
satisfaction; the City decision in that regard shall be final and conclusive. The City may inspect, observe
and examine the performance of the services performed on the City premises at any time. The City may
inspect, observe and examine the performance of Contractor's services at reasonable times, without
notice,at any other premises.
a. If the City notifies the Contractor that any part of the services rendered are inadequate or in
any way differ from the Contract requirements for any reason, other than as a result of the
City's default or negligence,the Contractor shall,at its own expense, reschedule and perform
the services correctly within such reasonable time as the City specifies. This remedy shall be
in addition to any other remedies available to the City by law or in equity.
b. The Contractor shall be solely responsible for controlling the manner and means by which it
and its Contracted Personnel or its subcontractors perform the services, and the Contractor
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shall observe, abide by, and perform all of its obligations in accordance with all legal
requirements and City work rules.
35. Assignment
This Contract, or any interest herein,or claim hereunder, shall not be assigned or transferred in whole or
in part by Contractor 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 Contractor stated herein.
36. No Conflict of Interest
Contractor represents that it or its employees do 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
Contract. Contractor further covenants that it will not hire anyone or any entity having such a conflict of
interest during the performance of this Contract.
37. Contract Preservation
If any provision of the Agreement, or the application of such provision, shall be rendered or declared
invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results,the
remaining parts or portions of this Agreement shall remain in full force and effect.
38. Promotional Advertising/News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any official or
employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not
be made without prior approval of the City. Release of broadcast e-mails pertaining to this procurement
shall not be made without prior written authorization of the contracting agency.
39. Time is of the Essence
Timely provision of the services required under this Contract shall be of the essence of the Contract,
including the provision of the services within the time agreed or on a date specified herein.
40. Expansion clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any
other item normally offered by the Contractor, as long as the price of such additional products is based
on the same cost/profit formula as the listed item/service. At any time during the term of this contract,
other City departments may be added to this contract, if both parties agree.
41. Patent Infringement
The contractor selling to the City the articles described herein guarantees the articles were manufactured
or produced in accordance with applicable federal labor laws. Further,that the sale or use of the articles
described herein will not infringe any United States patent.The contractor covenants that it will at its own
expense defend every suit which shall be brought against the City (provided that such contractor is
promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of
any patent by reason of the sale or use of such articles, and agrees that it will pay all costs,damages,and
profits recoverable in any such suit.
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42. Warranty
Unless otherwise specifically stated by the Proposer, Contractor warrants that all goods and/or services
furnished under this contract are warranted against defects by the Proposer for one(1) year from date of
receipt,are new,conform strictly to the specifications herein,are merchantable,good workmanship,free
from defect, are fit for the intended purpose of which such goods and services are ordinarily employed
and if a particular purpose is stated in a Special Condition, the goods are then warranted as for that
particular purpose. Contractor further warrants that no violation of any federal,state or local law,statute,
rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment,
installation or use of any other goods.Contractor's warranties(and any more favorable warranties,service
policies, or similar undertaking of Contractor) shall survive delivery, inspection, and acceptance of the
goods or services.
43. Access and Review of Contractor's Facilities
The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and/or
Contractor's Subcontractor upon request and reasonable notice during the term of the Contract and
Contract renewals/extensions.
44. Notice of Change in Financial Condition
If,during the Contract Term,the Contractor experiences a change in its financial condition that may affect
its ability to perform under the Contract,or experiences a change of ownership or control,the Contractor
shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition
or change of ownership or control shall be sufficient grounds for Contract termination.
45. Facility Security
The City may prohibit entry to any secure facility, or remove from the facility, a Contract employee who
does not perform his/her duties in a professional manner, or who violates the secure facility's security
rules and procedures. The City reserves the right to search any person, property, or article entering its
facilities.
46. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this
Contract shall not impair the right of the party not in default to avail itself of any subsequent breach
thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement,
covenant or condition of this Contract,or to exercise any right herein given in any one or more instances,
shall not be construed as a waiver or relinquishment of any such agreement,covenant,condition or right.
47. Integration
This Contract, along with the City of Yakima's RFQP 12127Q Salary Survey Consulting Services and the
Contractor's response to the Request for Qualifications and Proposals ("RFQP"), represents the entire
understanding of the City and Contractor as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered herein. This Contract
may not be modified or altered except in writing signed by both parties.
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48. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics,
pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies
the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays
(acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the
reason for delay.
49. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
50. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent
jurisdiction in Yakima County,Washington.
51. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has
been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor
to all the terms, performances and provisions of this Contract.
52. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in
writing and signed by both responsible parties; no changes without such signed documentation shall be
valid. No alterations outside of the general scope and intent of the original Request for Proposals or in
excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized
herein or any properly executed amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of
any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The
Contractor shall notify the City in writing as soon as possible,and in no event later than three(3) business
days, after any decision by the Contractor to change or discontinue service that will affect services
provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required
to accommodate a change in governing law or policy that, in the sole discretion of the City, either
substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance,
enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or
unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the
parties at their addresses as follows:
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TO CITY: AND ALSO TO: TO CONTRACTOR:
Connie Mendoza Maria Mayhue
Human Resources Director Purchasing Manager
City of Yakima City of Yakima
129 North 2' 'Street 129 North 2' 'Street
Yakima WA,98901 Yakima,WA 98901
53. Survival
The foregoing sections of this Contract, 2-52 inclusive, shall survive the expiration or termination of this
Contract in accordance with their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA CONTRACTOR NAME
By:
City Manager
Date: Date:
Attest: (Print name)
City Clerk
RFQP 12127Q Salary Survey Consulting Services Page 23 of 28
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EXHIBIT A TO AGREEMENT
PROPOSER'S SUBMITTAL
WITH
COST PROPOSAL(COMPENSATION)
[TO BE ATTACHED]
RFQP 12127Q Salary Survey Consulting Services Page 24 of 28
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ATTACHMENT B
AC�OROa CERTIFICATE OF LIABILITY INSURANCE [H'E0/WOOde
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policyges)must have ADDITIONAL INSURED provisions or be endorsed.
N SUBROGATION IS WAIVED.subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PROOUCLNMCA" INSURANCE AGENT INFORMATION
NWE
INSURANCE AGENT ISSUING CERTIFICATE NOEWES>FHI. UK
BAWL
&OPEN._
INWR5SJsI NPOROINC COVERAGE HNC,
INSURER A. A-VII OR BETTER.ADMITTED CARRIER
.LSRED INSURER B: __.. I
ENTITY INSURED mums c t -
ADDRESS asuman is -I.auRSR a:
NWRa F. I
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITH3TNNONO ANY RCDUIREMENT,TERM OR CONOHON Or ANY CONTRACT OR OTHER DOCUMENT WITH RE3PECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS MO CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY MVO CLAD/S.
MA
Lx RIFE OS INEWUNCE INE�D-aNY0 POUCYNUNNR LIM�6NS'1t i IMI4 ere ulna
X CONMERMLOENER.LL UIINLr, X ' EACH: MR
Hey ere
s 2.000,000
j o.oisaMDE x-Occi .PREVISESLtaa; !Fpi .t EOOA00
POLICY NUMBER `START STOP LED EX. N tans.: •s 5,000
A
PERSOYAL AS INJURY i 2.000.000
CERL JAOBREOAIEIUNIIT ARAMS PER. DATE DATE I CC/ERN AOCREOATE _5 2.000.000
P er❑X .EI.T ❑LOC PROOJCnW- WUO AGO S
AUTToMWREUNIUTv X I EERIER.ED EINGLEUMT s 2,000.000
JET
X AMYAHIO START STOP 830AT MPS"IPN ROPY, E
A '—saws —sONoutEo POLICY NUMBER coolly MURY(Pe wawa).E
AVIOS ONLY • AUTOS DATE DATE
HIRED ACNCIANED 6NOP[RIx„mesa I
_AUTOS ONLY , _AUTOS ONLY ,_(:y.-fro f
s
UMBRELLA LIAR gLrH :EACH OCCURRENCE s
EXCEN Wa I I CURIO/JADE IAGGREGATE Ja
DE0 RETEHTIONs I e
!WORKERS COMPENSATION 'Ma(
I AW ENPLOYERE'LIABILITY MINI S. STOP
In vRcn.Tc .am tviscums I E.L.E&H ACCIDENT a 1.000.000
A Ofrr-EwNELe[REXCLLOEol ❑ NI• POLICY NUMBER
OL�M4MMry aM Np 0. YE DATE DATE E L DEBASE-EAEN0EI t 1.000.000
'oFSCNIPt, OfOFFAATIOPC bow GaD!E: oDl! tL.CISCAst-POLmrumn i s 1.03.1100
DESCRIPTIONOF OPERATIONS/LOCAm1NS/WSCLES LACORO 101.AdMeW flasks&NON*,Mee be Rooked a,.N.spew Is name)
e)
The City of Yakima and the Courdy of Yakima,es agents,employees,auNDUed volunteers,addled and appcinled DITMials are included as
Pnmary+Non.Canbibutory additional insureds. See attachhed Acdmonal Insured Endorsement
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
City of Vakima)Co ny of Yakima ACCORDANCE WITH THE POLICY PROVISIONS.
PIdC11B91ng Department AUTHORED WREBENTATNE
129 N.2nd St.
Yakma.WA 98901 SIGNATURE
C 1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2010/03) The ACORD name and logo are registered marks of ACORD
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modries insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement)
A Section II —Who Is An Insured is amended to (1) All work, including materials. parts or
include as an insured the person or organization equipment fumished in connection with
shown in the Schedule,but only with respect to I- such work, on the project (other than
ability arising at of your ongoing operations per- service, maintenance or repairs) to be
formed for that insured. performed by or on behalf of the addi-
B. With respect to the Insurance afforded to these tional insured(s) at the site of the wv-
additional insureds, the following exclusion is ered operations has been completed;or
added: (2) That portion of"your work"out of which
2. Exclusions the injury or damage arises has been
This insurance does not apply to"bodilyinjury" put to its intended use by any person or
PP Y organization other than another
or"property damage occurring after contractor or subcontractor engaged in
performing operations for a principal as
a part of the same project.
CG 20 10 10 01 G ISO Properties, Inc.. 2000 Page 1 of 1
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ATTACHMENT C.1
Included in ATTACHMENT C,are the City's compensation/classification and pay administration policies,
the Master Pay Ordinance and the Pay Grades utilized for the classification groups.
• City Charter, (Article XV Civil Service, Section 3), guides our Master Pay Ordinance and the
accountability for our pay codes/ranges:
"A pay and classification plan with job descriptions providing equal pay for equal work shall be
devised by the chief examiner with the cooperation and approval of the civil service commission
which shall be submitted in ordinance form to the City Council for passage."
• In our Charter Civil Service Rules,a classification is defined as:
"A group of positions similar in duties and responsibilities so that the same class title may be used;
the same entrance qualifications may be required; and same schedule of pay may be applied
equitably under similar employment conditions."
• A classification "series" is defined as:
"A series of one or more classes similar in work but differing in difficulty, responsibility, entrance
qualifications, and pay range."
Note:We don't formally use class series in our pay ordinance anymore,except when we code the
position; however,we still try to group the classes into similar class codes.
• From the City of Yakima Municipal Code:
2.20.030 Procedure for determination of salary ranges.
Salary ranges shall be linked directly to the plan of position classification and shall be determined
with due regard to ranges of pay for other classes, relative difficulty and responsibility of positions
in the class, availability of employees in particular occupational categories, prevailing rates of pay
for similar employment in private establishments in the Yakima area, rates of pay in other
jurisdictions, cost of living factors, the financial policies of the city and other economic
considerations. The minimum and maximum and intermediate steps of each salary range shall be
those rates in the basic salary schedule which most nearly reflect these factors.
Prior to the preparation of each annual budget, as well as at other appropriate times, the city
manager shall make or direct to be made such comparative studies as he may deem necessary, of
the factors affecting the level of salary ranges. On the basis of information derived from such
studies, the city manager shall recommend to the council for approval such changes in the salary
ranges as are pertinent to the fairness and adequacy of the overall salary structure. Such changes
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shall be accomplished by increasing or decreasing the salary ranges the appropriate number of
ranges as provided in the basic salary schedule. The rate of pay for each employee shall be adjusted
to the corresponding step in the new range in conformance with the adjustment of the salary range
for the class. (Ord. 2014-023§2(part), 2014:Ord. 194§3, 1960).
• Master Pay Ordinance—Attachment C.2—Separate Attachment
• Pay Grade Schedule—Attachment C.3—Separate Attachment
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