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
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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
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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