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Home My WebLink AboutR-1993-110 Civil Service / ConsultingRESOLUTION NO. R-93- 110 A RESOLUTION: authorizing the execution of a personal consulting services agreement with Diana Welch. WHEREAS, the City of Yakima employs a work force of over 600 people; and WHEREAS, it is necessary to the operation of the City of Yakima to have current and accurate personnel rules and regulations for the purpose of avoiding legal liability and promoting a productive workplace; and WHEREAS, the Human Resources Division of the City of Yakima does not employ personnel with adequate familiarity with Police/Fire and Charter Civil Service system background to update both civil service systems rules and regulations; and WHEREAS, Diana Welch has worked extensively within both the Charter and Police/Fire Civil Service systems, and it is in the best interest of the City to contract to utilize her expertise according to the terms of the attached agreement, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Personal Consulting Services Agreement" with Diana Welch for the purpose of revising and updating the Charter and Police/Fire Civil Service Rules and Regulations. 26th October ADOPTED BY THE CITY COUNCIL this day of ,1993. tz-t 611 - Mayor ATTEST: 71-+�-:,. / s. — � ✓ oma e City Clerk PERSONAL SERVICES CONSULTING AGREEMENT THIS AGREEMENT, entered into this day of j 1993, between the City of Yakima, whose address is 129 N. 2nd Street, Yakima, WA 98901, (hereinafter "City") and Diana Welch whose address is 1101 Selah Loop Road, Selah, WA. 98942 (hereinafter "Welch"). Whereas, the City needs consulting services to provide professional human resources services relative to updating the Charter and Police and Fire Civil Service Rules and Regulations because the City itself does not employ any staff knowledgeable or available for said project. Whereas, Welch has 10 years of experience as a human resources professional possessing specialized skills relating to Civil Service Administration. Whereas, the parties hereto intend for Welch, as an independent contractor, in the course for her work for the City, shall have full control over the manner in which this project is to be completed, without any supervision or involvement of the City, subject to the terms and conditions hereinafter set forth, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. DUTIES AND RESPONSIBILITIES. Welch shall provide human resources administrative services related to updating the Charter and Police and Fire Civil Service Rules and Regulations. At a minimum, Welch shall accomplish the following tasks : A. Draft Police and Fire Civil Service Rules reflecting the recent Supreme Court decision regarding collective bargaining and Civil Service. B. Prepare Police and Fire Rules and Regulations in final form for Commission adoption. Final form will consist of six sections covering: (1) General Rules, (2) Police Management, (3) Police Bargaining Unit, (4) Fire Management, (5) Fire Bargaining Unit, and (6) Fire PERS. C. Review draft copy of Charter Civil Service for completeness and accuracy. D. Submit invoice voucher upon completion of the project to the City Human Resources Division. 10/11/93-ir Human Resources 1 2. TIME OF PERFORMANCE. Welch shall perform and complete the services specified in Section I of this Agreement between October 20, 1993 and January 3, 1994. Welch agrees to make whatever time investments are required for the full completion of instruction projects for which responsibility has been accepted. 3. CONSIDERATION. In consideration of consulting services provided by Welch, as specified in Section I of this agreement, the City agrees to pay Welch a consulting fee in the amount of Two Thousand Four Hundred dollars ($2,400.00) for the duties described herein. The City shall provide copies of existing Charter and Police and Fire Civil Service Rules and Regulations and supporting reference documents Word-processing and copying services will be provided by the City. 4. INDEPENDENT CONTRACTOR. It is agreed and understood that Welch is an independent contractor and not an employee of the City of Yakima. Welch shall make no claim of City employment or claim any related employment benefits from the City including but not limited to medical benefits, social security, and retirement. Welch shall not be subject to the control or direction of City officers or City employees. Except as otherwise provided herein, this agreement shall not be performed by Welch on City property or with any City facilities whatsoever. Welch shall not in any way represent, obligate, or act on behalf of the City, contractually, or otherwise. 5. TAXES AND ASSESSMENTS. Welch 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 Welch as a result of this agreement. 6. NON-DISCRIMINATION IN SERVICES. Welch 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 an 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 others under this agreement; 10/11/93-ir Human Resources 2 C. Subject an individual to segregation or separate treatment in any manner related to his/her 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 hereto. No changes or additions to this agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 8. ASSIGNMENT: Welch shall not assign this agreement to any other person 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 Welch. 9. TERMINATION: In the event Welch fails to comply with any of the terms and conditions of this agreement in such a manner that the City Personnel Officer deems that the continuation of this agreement is no longer in the best interest of the City, said Personnel Officer may terminate this agreement upon three (3) calendar days written notice to Welch. If this Agreement is terminated, Welch shall be paid a pro rata amount of the consideration set forth in paragraph 3, which shall be the number of hours documented, multiplied by a figure of $60.00 per hour. Documentation of hours will be accomplished by Welch's listing the start and finish times of each work segment, which list will be submitted to the City Personnel Officer on a weekly basis. Preservation of time lists will be for potential implementation of this provision only, and not for any supervisory purpose. The parties do not intend this type of compensation to change the independent contractor nature of the consultant. 10. NOTICES: Except as provided in Section 3 above, all notices and demands shall be in writing and sent to the parties hereto at their addresses as follows: To Client: 10/11/93-ir Human Resources City of Yakima City Hall 129 N. 2nd Street Yakima, WA 98901 3 To Provider: Diana Welch 1101 Selah Loop Road Selah, WA 98942 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 term, covenants, or conditions of this agreement, the prevailing party shall be entitled to collect, in addition to necessary 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 Diana- Welch, Contractor By By iu"eia. R. A. Zais, City Manager Attest: By Dated Ilxv"-' 6/ci 3 City Contract # 10/11/93-ir Human Resources 4