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Home My WebLink AboutR-1993-006 Evaluation1 RESOLUTION NO. R-93- A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a personal services contract with Personnel Tech, Inc. for a performance evaluation system for use in the Fire Department. WHEREAS, the City needs consulting services to provide a new performance review system in the Fire Department; and WHEREAS, David Hiestand, President of Personnel Tech, Inc., has 22 years of experience as a human relations consultant/trainer specializing in training and human resource issues, and as such, is well qualified to work closely with Fire Department personnel to devise a system meeting that department's needs; and WHEREAS, Personnel Tech, Inc. has proposed terms and conditions of a contract which are in the City's best interest, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby directed to execute a Personal Consulting Services Agreement with Personnel Tech, Inc., a copy of which is attached and incorporated by this rference. ADOPTED BY THE CITY COUNCIL thisi" day of , 1993. ATTEST: City Clerk res/prsnl srvcs.sc Mayor PERSONAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT, entered into this 31 day of January, 1993, between the City of Yakima, whose address is 129 North 2nd Street, Yakima, Washington 98901, (hereafter "City") and Personnel Tech, Inc., whose address is P.O. Box 112216, Tacoma, Washington 98411, (hereafter "PT"). Whereas, the City needs consulting services to provide a new performance review system, and the City itself has elected to solicit services of an outside consultant and elects to utilize the services of PT. Whereas, David Hiestand, President of PT, has 22 years of experience as a human relations consultant/trainer specializing in training and human resource issues; and agrees to develop a performance review system for fees set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. DUTIES AND RESPONSIBILITIES: PT shall provide a new performance review system to the City Fire Department. At a minimum, PT shall accomplish the following tasks in order to provide this system: A. Facilitated Committee Assessment, Definition and Overview of New System. B. Fire Employee Opinion/Research Survey. G Committee Review/Analysis of Survey Reports and Consultant Direction on Plan Development. D. Plan Draft Submittal to Committee. E. Prepare Final Plan and Forms. F. Training. G. Implementation. H. Six Month Plan Review/Critique. I. Submit invoice voucher on a monthly basis to the Fire Department. 2. TIME OF PERFORMANCE: PT shall perform and complete the services specified in Section 1 of this Agreement between January 7, 1993, and November 30, 1993. PT agrees to make time investments required for in full completion of a new performance review system suited to the City Fire Department's needs. 3. CONSIDERATION: In consideration of consulting services provided by PT, as specified in Section 1 of this Agreement, the City agrees to pay PT: (A) For items A through E, and G and H, as listed in Section 1 above: $9,492.76. The consultant reserves the right to request a monthly draw in increments of no more than $2,500.00 as the project progresses beyond each 30 -day period toward completion. (B) For training, listed as item F in Section 1 above, the fee for a set of three sessions shall be $959.44, inclusive of per diem, lodging, and mileage expense. Any additional sessions shall be reimbursed at the rates given below for per diem, lodging, and mileage expense, in addition to the base rates as follows: Page 1 of 3 (1s)agr/consulting srvcs.sc $280.00 for a four-hour session $140.00 for a two-hour session Per Diem (Meals): $30.00 a day Lodging: $45.00 a night Mileage: $.28 a mile The City will provide the meeting room, refreshments, and audio visual equipment necessary for meetings and/or training. 4. INDEPENDENT CONTRACTOR: It is agreed and understood that PT is a Washington Corporation and independent contractor and not an employee of the City of Yakima. PT shall make no claim of City employment nor shall claim any related employment benefits from the City, including but not limited to medical benefits, social security, and retirement. PT shall not be subject to the control or direction of City officers or City employees. Except as otherwise provided, PT shall use his own papers and other materials to develop and implement the new performance review system. Except as otherwise provided herein, this Agreement shall not be performed by PT on City property or with any City facility whatsoever. PT shall protect, defend, indemnify, and hold the City harmless from and against any claims, demands, causes of action, liabilities, damages, and injuries arising out of or relating to this Agreement. PT shall not in any way represent, obligate, or act on behalf of the City, contractually, or otherwise. 5. TAXES AND ASSESSMENTS: PT shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, federal income tax, withholding tax, social security tax, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, PT shall pay the same before it becomes due. 6. NON-DISCRIMINATION IN SERVICES: PT shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, age, or the presence of any sensory, mental, or physical disability: A. Deny any individual any services or other benefits provided under this Agreement; B. Provide any service(s) or other benefits to an individual which are different or are provided in a different manner, from those provided to other under this Agreement; C. Subject an individual to segregation or separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Agreement; D. Deny any individual an opportunity to participate in any program provided by this Agreement through the provision service(s) or otherwise, or afford him/her an opportunity to do so which is different from that afforded others under this Agreement. 7. INTEGRATION: This written document constitutes the entire Agreement between the parties. No changes or additions to this Agreement shall be valid or Page 2 of 3 (1s)agr/consulting srvcs.sc binding upon either party unless such change or addition be in writing and executed by both parties. 8. ASSIGNMENT: PT shall not assign this Agreement 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 PT. 9. TERMINATION: In the event PT fails to comply with any of the terms and conditions of this Agreement in such a manner that the City Manager deems that the continuation of this Agreement is no longer in the best interest of the City, the City Manager may terminate this Agreement upon three (3) calendar days written notice to PT. 10. NOTICES: Except as provided in Section 3 above, all notices and demands shall be in writing and sent to the parties at their addresses as follows: To City: To Personnel Tech, Inc.: City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 c/o David E. Hiestand, President Personnel Tech, Inc. 3901 South Fife, Suite 101 Tacoma, WA 98409 or to such addresses as the parties may hereafter designate in writing. Notices and demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 11. LITIGATION: In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA, WASHINGTON By: Dated: Dick Zais, City Manager ATTEST: By: t,'� Q-� ✓�-'��-e City Clerk Dated: 2,%0 Pi` 5 Page 3 of 3,'it? !� (1s)agr/consulting srvcs.sc DAVID E. HIESTAND, CO TOR/CONSU Dated: C By: Dated: