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HomeMy WebLinkAboutR-2024-023 Resolution authorizing an agreement with GMP Consultants for Interim City Manager RESOLUTION NO. R-2024-023 A RESOLUTION authorizing an agreement between the City of Yakima and GMP Consultants to provide an Interim City Manager to the City of Yakima. WHEREAS, the City Council removed City Manager Bob Harrison; and WHEREAS, the City Council needs an interim city manager while it conducts a search for its next permanent city manager; and WHEREAS, GMP Consultants has the capability to provide an experienced person to serve as the interim city manager during the search period and is willing to do so pursuant to the terms outlined in the Agreement; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to enter into the separation agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager or his designee is hereby authorized and directed to enter into the Agreement between the City of Yakima and GMP Consultants, attached hereto and incorporated herein, for interim city manager services. ADOPTED BY THE CITY COUNCIL this 22nd day of January, 2024. /11 PP, Patricia Byers, ayor ATTEST: O • SEAL : Rosalinda Ibarra, City Clerk -Ts;.... � GMP CONSULTANTS January 10, 2024 Yakima City Council c/o Mayor Patricia Byers 129 North 2"d Street Yakima, WA 98901 Dear Mayor Byers; Thank you for the opportunity to provide an Interim City Manager for the City of Yakima. Below is GMP Consultants ("GMP") agreement for providing consulting services. Term. Start Date .J 601 , 00D- . The term of this Agreement is ongoing, provided the City may terminate this agreement at any time pursuant to the Termination section below. It is anticipated that the City will need Interim City Manager services for approximately six (6) months. GMP Interim City Manager. GMP shall assign a GMP Company employee, to serve in an independent contractor role as an Interim City Manager to the City. The Interim City Manager shall perform work as assigned by the City. The City shall have the right to direct GMP to replace the Interim City Manager at any time. For the purposes of coordination and performance the Interim City Manager shall report to the City Council. Prior to assigning any Interim City Manager, the name and resume of the individual chosen by GMP shall be sent to Human Resources Director Connie Mendoza. The City shall have five business days to reject the individual chosen. The City may request that the individual chosen attend a City Council meeting, or panel interview. If no rejection is conveyed to GMP, it is presumed that the Interim City Manager chosen is acceptable. Employer Duties of the GMP Company. GMP shall provide a GMP employee qualified to act as the Interim City Manager during the term of the contract. GMP represents that the Interim City Manager has the requisite skills and talents to perform the duties as assigned. GMP shall (1) pay all wages and other remuneration to its employee who is provided as the Interim City Manager under this Agreement, (2) prepare and file all payroll tax returns and reports, (3) pay all amounts due and owing pursuant to the payroll tax returns and reports (5) prepare, file, and furnish to the employee applicable GMP employee tax forms, and (6) prepare and file, with a copy to City, applicable employer tax forms. Expectations and Duties of the Interim City Manager. The Interim City Manager shall carry out the general duties of a city manager, as outlined and allowed in the Yakima City Charter, state and local law, and follow all federal, state and local laws. The duties and authority of the City Manager, as set forth in the Yakima City Charter,the Yakima Municipal Code, and in RCW 35.18.060,together with any future amendments thereto, are hereby incorporated by reference. The Interim City Manager recognizes that the City Council is the legislative and policy making body of the City and agrees to respond promptly and equally to the Council regarding their concerns. The City,through the City Council, recognizes that the City Manager is the individual responsible for administration 206 714 9499 • 7041 Cascade Ave SE Snoqualmie, WA 98065 • greg@gmphr.com and enforcement of the City's ordinances and resolutions, and of the policies and directives of the City Council, and members of the City Council shall communicate concerns regarding administration to the Interim City Manager. The Interim City Manager shall attend in person all special and regular meetings of the City Council, unless excused, and such other meetings as required by the City Council. The Interim City Manager shall work a minimum average of 40 hours per week. The Interim City Manager may be allowed to work remotely upon approval by the City Council. The City Council and the Interim City Manager may establish a work plan which the City council determines necessary for the proper operation for the City and to attain the City's policy objectives. While billing for City of Yakima work,the Interim City Manager shall not conduct work for any other public or private entity, and shall not conduct personal business. City of Yakima facilities shall not be used to conduct business for any entity other than the City of Yakima. Duties of City. When applicable, the City shall provide a work place for the Interim City Manager, maintain the work place in accordance with applicable health and working standards, notify the GMP immediately of all employee injuries and provide reimbursement to the Interim City Manager for costs incurred as a result of performing City business such as mileage,travel expenses and other similar costs at the normal City rates and in accordance with City's cost reimbursement policies applicable to City employees, found in Administrative Policy 1-1900 which is fully incorporated herein. The Interim City Manager shall be reimbursed for work-related travel expenses at the IRS mileage rate. Mileage,travel expenses and other similar costs shall only be for work-related travel that is not "Within the City" as that is defined in Administrative Policy 1-1900. Fees & Expenses. The hourly rate for the Interim City Manager assigned under this Agreement is $140.00 for each hour worked by the Interim City Manager. GMP will submit invoices to the City every two weeks, and payment is due within thirty(30) days of receipt. The City is also responsible for any client-required licenses, fees or taxes. The City is not responsible for payment of dues, memberships, subscriptions or attendance at conferences, unless prior approval is obtained by the Interim City Manager from the City Council. Finder's Fee. If City chooses to hire the Interim City Manager as a regular City employee, City agrees to pay the GMP Company the percentage of the starting annual salary based upon the length of the assignment with City as represented below: 0 to 12 months - 15% After 13 months - 10% Indemnification. GMP shall indemnify, defend, release, and hold harmless City from any and all claims arising out of or related to required payroll deductions and withholdings, legally required workers' compensation insurance, and other employee benefits. Specifically, and without limitation,GMP shall indemnify, defend, release,and hold City harmless from and against any claim by the Interim City Manager (or other GMP employee) for Agency vacation, sick leave, health, retirement or other Agency benefits resulting from Interim City Manager's performance of work under this Agreement. City releases and agrees to indemnify, defend, and hold harmless GMP,the employees of GMP, and personnel, directors, and officers of GMP from any claims arising out of or related to the Work performed by the Interim City Manager (or other GMP employee) within the scope of this Agreement. GMP releases and agrees to indemnify, defend, and hold harmless City, its officers, employees and Interim City Managers, from any claims arising out of or related to the I acts or omissions of the Interim City Manager or other GMP employee that are outside of or unrelated to the work under this Agreement. If City is notified or becomes aware of any alleged improper or illegal activities by the GMP employee, City shall notify GMP immediately. This indemnification provision shall not preclude a claim by or coverage for the City under a Professional Errors and Omissions Insurance Policy. Insurance. GMP shall comply with the following conditions and procure and keep in force at all times during the term of this Agreement, at GMP's expense, the following policies of insurance with companies authorized to do business in the State of Washington. 1. Commercial General Liability Insurance on an occurrence basis in an amount not less than $2,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. 2. Professional Errors and Omissions Insurance in an amount not less than $2,000,000 per occurrence and $2,000,000 in the annual aggregate. Bonding. The City will bear the costs of any fidelity or other bonds required of the Interim City Manager under any law or ordinance associated with performing the City Manager duties. Independent Contractor. GMP is an independent contractor responsible for complying with all obligations of an employer imposed under federal or state law. Personnel employed by GMP, including the Interim City Manager, shall not acquire any rights, benefits or status regarding the City. Conflict of Interest. The Interim City Manager selected by GMP shall not have any conflicts of interest with the City of Yakima, nor enter into any other business relationship which would create a conflict of interest. In the event a direct family member (child, parent, grandchild, grandparent, caregiver or sibling) is currently employed at the time the Interim City Manager is working for the City, the Interim City Manager shall not have any authority over their direct family member. Authority to make all decisions associated with employment status, discipline, raises, or other employment-related decisions that would normally be made by the City Manager will be made by the Assistant City Manager, or, if there is no Assistant City Manager, the Director of Human Resources. Interim City Manager is not an Employee. The person chosen by GMP is an employee of GMP only, and not an employee, of any status, with the City of Yakima. The Interim City Manager shall not receive any benefit of City of Yakima employment, including, but not limited to, medical coverage, life insurance, paid time off, or the benefit of federal or state laws associated with employment. Termination. The City may terminate this Agreement, with or without cause, upon five (5) business days' notice to the other party. During the notice period, GMP agrees that its employee assigned to this Agreement shall continue to work to the best of their ability as the Interim City Manager for the City of Yakima. Notices. Notices required under this Agreement shall be sent to the following addresses certified and regular mail, and electronic mail: I Notices. Notices required under this Agreement shall be sent to the following addresses certified and regular mail, and electronic mail: GMP Consultants City of Yakima c/o Greg Prothman c/o Connie Mendoza, HR Director 7041 Cascade Ave SE 129 N. 2nd Street Snoqualmie, WA 98065 Yakima, WA 98901 info@gmphr.com connie.mendoza@yakimawa.gov Copy to: callv.price@yakimawa.gov Copy to: patricia.byers@yakimawa.gov Notice shall be effective on the third day after mailing, or the date of receipt of the certified mail, whichever is earlier. The Parties may mutually agree on a termination date. Integration and No Presumption of Draftmanship. This Agreement constitutes the entire agreement between the Parties, and both parties acknowledge that there are no other agreements, oral or otherwise, that have not been fully set forth in the text of this Agreement. In addition, the Parties acknowledge that they have negotiated the Agreement terms and thus there shall be no presumption of draftsmanship in any dispute regarding the meaning or intent of any provision. Modification. This Agreement can be modified or amended only with the written consent of both parties. Accepted by: City of Yakima GMP Consultants / /°,2et�Ll'itezrL 1/19/24 Rosylen O e by to Greg Prothman date Acting Cit anag r President CITY CONTRACT NO: 1 RESOLUTION I4 1 .4. ! a, . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3. For Meeting of: January 22, 2024 ITEM TITLE: Resolution authorizing an agreement with GMP Consultants for Interim City Manager A. Discussion with potential Interim City Manager candidate Dave Zabel) SUBMITTED BY: Robert Harrison, City Manager SUMMARY EXPLANATION: At the direction of Mayor Byers and Deputy Mayor Brown, the City Manager reached out to GMP Consultants for the purpose of providing interim city manager services. GMP Consultants is willing to provide an interim city manager at a rate of $140.00 per hour, for an average of 40 hours per week during the interim period. The contract also addresses insurance and conflicts of interest. Management of the contract is the responsibility of the City Council. It is expected that Dave Zabel) will be the person chosen to fill the interim city manager role under this contract. Mr. Zabel) is currently employed by GMP Consultants, has significant experience in city management, and recently retired from the city manager position in Pasco, Washington. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type D Res-Interim City Mgr Contract Resolution D Contract GMP Consultants_Interim City Manager Contract