HomeMy WebLinkAboutR-1995-038 AJ Consultants, Inc.•
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RESOLUTION NO. R-95- 38
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima
to execute a Consultant Services Agreement between the City of
Yakima and AJ Consultants, Inc
WHEREAS, the City desires professional services to provide employee support
services including, employee counseling, staff development, and communications
and program promotions; and
WHEREAS, the City does not have the staffing levels or specialized expertise
necessary for such services; and
WHEREAS, AJ Consultants, Inc has the expertise and experience necessary to
provide said employee support services, has done so in the past, and is willing to
continue to provide said employee support services in accordance with the terms and
conditions of the attached Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to contract with AJ Consultants, Inc. to utilize their experience and expertise in
accordance with the terms and conditions 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 Consultant Services Agreement with AJ Consultants for
the purposes of obtaining employee support services.
ADOPTED BY THE CITY COUNCIL this 7th day of March , 1995
ATTEST
KcLi P-4,--(LeA-4-)
City Clerk
113) r.. /AJcon.ultsats . pa
Mayor
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this , ,) Q day of Y t 't - ,
1995, by and between the City of Yakima, a municipal corporation, herein
referred to as the "City," and AJ Consultants, Inc., a Washington nonprofit
corporation, herein referred to as "Consultant."
WHEREAS, the City desires employee support services including
employee counseling, staff development, and communications and program
promotions; and
WHEREAS, the Consultant has the experience and expertise necessary
to provide said employee support services, has done so in the past, and is
willing to continue to provide employee support services in accordance with the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and
Consultant as follows:
1. Services. The Consultant shall provide to the City employee support
services described in Section I, Attachment "A," which is hereby incorporated
into this Agreement. The City shall provide to the Consultant the services and
items described in Section II, Attachment "A," which is incorporated into this
Agreement.
2. Consideration. As consideration for the work, tasks, and services
performed by Consultant, and except for "additional services" described in
Section 3 and Attachment "B," the City agrees to compensate the Consultant
Twenty One Dollars and Fifty Cents ($21.50) per employee per year, covering
six hundred (600) employees, for a total of Twelve Thousand, Nine Hundred
Dollars ($12,900.00) per year. Consultant shall submit satisfactory
documentation (invoices/billings) to the City on a monthly basis at a rate of
One Thousand, Seventy -Five Dollars ($1,075.00), to be paid by the 10th day of
the following month. Modification of the total number of employees covered
will be reviewed on a quarterly basis and adjustments made accordingly.
3. Additional Services. During the term of this Agreement, the City and
Consultant may mutually agree upon the performance of additional services as
described in Attachment 'B." Consultant shall be compensated for additional
services at the rate of Seventy Five Dollars ($75.00) per hour. Any such
additional services shall be governed by the tei ms and conditions of this
Agreement.
4. Term. The term of this Agreement shall commence on the 1st day of
January, 1995, and terminate on the 31st day of December, 1997; provided,
however, that the CIty has the option, at its discretion, to renegotiate this
Agreement for an additional three (3) years.
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5. Status of Consultant. Consultant and the City understand and
expressly agree that Consultant is an independent contractor in the
performance of each and every part of this Agreement. Consultant and its
employees shall make no claim of City employment nor shall claim against the
City any related employment benefits, social security, and/or retirement.
6. Taxes and Assessments. Consultant shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
assessments, including but not limited to, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against
either party as a result of this Agreement. In the event the City is assessed a
tax or assessment as a result of this Agreement, Consultant shall pay the same
before it becomes due.
7. Discrimination. During the performance of this Agreement, Consultant
shall not discriminate on the basis of race, color, sex, religion, national origin,
creed, marital status, political affiliation, or the presence of any sensory,
mental or physical handicap.
8. Compliance With Law. Consultant agrees to perforin those services
under and pursuant to this Agreement in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any
goveinmental agency or regulatory body, whether federal, state, local, or
otherwise.
9. No Insurance. It is understood the City does not maintain liability
insurance for Consultant and/or its employees.
10. Indemnification. Consultant agrees to protect, defend, indemnify, and
hold harmless the City, its elected officials, agents, officers, and employees
from any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and costs and expenses (including attorneys'
fees and disbursements) arising directly or indirectly from or out of, relating to,
or in any way connected with activities undertaken by the Consultant pursuant
to this Agreement.
11. Insurance. On or before the effective date of this Agreement, Consultant
shall provide the City, proof of liability insurance in the amount of Two
Hundred Fifty Thousand Dollars ($250,000.00), that clearly states who the
provider is, the amount of coverage, the policy number, and when the policy
and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy shall name the City, its officers, agents,
and employees as additional insured.
12. Delegation of Professional Services. The services provided for herein
shall be performed by Consultant, and no person other than regular associates
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or employees of Consultant shall be engaged upon such work or services except
upon written approval of the City.
13. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by
Consultant to any other person or entity without the prior written consent of
the City. In the event that such prior written consent to an assignment is
granted, then the assignee shall assume all duties, obligations, and liabilities of
Consultant stated herein.
14. Termination. The City may terminate this Agreement, with or without
cause, by giving Consultant sixty (60) days written notice of teiinination.
15. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
16. Integration. This written document constitutes the entire agreement
between the City and Consultant. 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.
17. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO CITY:
TO CONSULTANT:
Director of Human Resources
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
Director
Al Consultants, Inc.
32 North 3rd Street, Room 310
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
19. Attorney's Fees. In the event that any suit or action is instituted by
either party to enforce the compliance with or inter pret any of the tee .'s,
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's fees.
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20. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
CITY 0 YAKIMA AJ CONSULTANTS, INC.
By:
D'
ATTEST:
Manager
City Clerk
City Contract No.
R- g5 -3g
STATE OF WASHINGTON )
:ss.
County of Yakima
By:
Its:
tSr("�it-C.
I certify that I know or have satisfactory evidence that\ufl ;{ is
the person who appeared before me, and said person acknowledged that
he/she signed this instrument, on oath stated that he/she was authorized to
execute the instrument and acknowledged it as the Pr ts, ti ,t -t of AJ
Consultants, a Washington nonprofit corporation, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
DATED: 3/ / G s
NOTARY PUBLIC in and for the
State of Washington, residing
at /4
My commission expires: '`1'/g
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Attachment A:
Sled= Provided to City of YakirJnaLFull Service EAP Contract
I. Aj Consultants.
The following describes the services contracted for under AJ Consultants full service Employee
Assistance Program. These services will be available to alt City of Yakima employees and their
family members.
A. Individual Assessment and Referral/Short-term Counseling:
1. Telephone interviews—information, appointments, service descriptions
2. Assessment of presenting problem
3. Short-term counseling if appropriate (4 sessions per access at no charge to client)
4. Referral to outside agency for more in-depth counseling services (cost to be covered by client
or employer's insurance)
5. Follow-up with client to monitor progress
6. Evaluation of client satisfaction
B. Staff Development:
1. EAP orientation for all new employees (as requested)
2. Supervisory training for management personnel (2 hours training, as requested)
3. Wellness or in-service presentations (as requested)
4. Supervisor consultation services
5. EAP informational presentations at staff meetings, union meetings, and other in-service
opportunities (as requested)
C. Advisory Committee:
Regular meetings between a representative of AJ Consultants and employees selected by the
employer to:
1. Review program usage
2. Solicit input to improve program and service delivery
3. Calendar activities and promotions
4. Develop needed policies
D. Communications and Program Promotions:
1. Promotional materials will be provided in the form of posters, wallet cards, and Questions
& Answers EAP Brochures
2. AJ's Cornerstones, an EAP newsletter, will be mailed directly to employee homes on a
quarterly basis
3. Topical inserts included in the City of Yakima Employee Newsletter
4. Summary Reports of program usage will be presented at each Advisory Committee meting
5. Year End Reports will be provided at the end of each contract year
II. City of Yakima
The following describes the services the City of Yakima will provide to AJ Consultants for the
length of the contract.
A. A complete list of all employees, home addresses, and phone numbers.
B. One set of mailing labels with home addresses of all employees per quarter.
C. Availability of selected employees to serve on the EAP Advisory Committee to meet quarterly
with a representative from AJ Consultants
D. Quarterly personnel review to establish total number of employees covered.
E. A copy of the City of Yakima drug and alcohol policy and EAP referral policy.
Attachment B:
rvi
AJ Consultants is a private nonprofit human resource, consulting, and training
firm. We offer a wide variety of services designed to optimize human potential and
enhance organizational effectiveness.
AJ Consultants will work collaboratively with you to design and implement a
customized management and organization development program to meet your
individual needs.
Our services include:
Management Consulting
Strategic Planning
Trainings
Conflict Management and Resolution
Leadership Development
Board Development
Communication Skills
Facilitation Skills
Participative Management
Managing Diversity
Qreanization Development
Quality Improvement
Team Building
Organizational Change
Process Consultation
Organizational Diagnosis
Organization Re -Design
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