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HomeMy WebLinkAboutR-2024-041 Resolution authorizing the City Manager to execute a contract with GMP Consultants for the recruitment of a new Community Development Director RESOLUTION NO. R-2024-041 A RESOLUTION authorizing the City Manager to execute a contract with GMP Consultants for the recruitment of a new Community Development Director. WHEREAS, the City of Yakima desires to enter a contract with GMP Consultants to recruit a new Community Development Director; and WHEREAS, GMP Consultants has the expertise and knowledge to perform such recruitment; and WHEREAS, the City Council deems it to be in the best interest of the City to approve the contract, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to sign the contract with GMP Consultants, which is hereby incorporated by reference. ADOPTED BY THE CITY COUNCIL this 5th day of March, 2024. g3 Patricia Byers, ayor ATTEST: - SEAL osalinda Ibarra, City Clerk AGREEMENT BETWEEN CITY OF YAKIMA,WASHINGTON AND GMP CONSULTANTS FOR RECRUITMENT THIS AGREEMENT, is made by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street,Yakima,WA 98901,hereinafter referred to as"CITY",and GMP CONSULTANTS a private contractor,hereinafter referred to as"CONSULTANT". WITNESSETH: RECITALS WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this Agreement, incorporated Exhibits and subsequent Amendments thereto;and WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW,THEREFORE,CITY and CONSULTANT agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of CONSULTANT shall not be construed to exceed those services specifically set forth herein. 2.2 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled "Scope of Work"(WORK)which is attached hereto and made a part of this Agreement as if fully set forth herein. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY-FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in the CITY'S possession relating to the CONSULTANT'S services on the WORK as permitted by law. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to CONSULTANT as required for CONSULTANT'S performance of its services and will provide labor and equipment as reasonably required by CONSULTANT for such access. 3.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor,bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing RFQP 11323/Page 1 of 6 decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the CONSULTANT of any contractual obligations nor of its duty to render professional services meeting the standards of care for its profession. SECTION 4 AUTHORIZATION,PROGRESS,AND COMPLETION 4.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with WORK described in Exhibit A at such time as specific work is required and assigned to CONSULTANT. The time for completion is defined in Exhibit A,or as amended. SECTION 5 COMPENSATION 5.1 COMPENSATION FOR SERVICE: CONSULTANT shall be compensated at $18,500 for the work described in Exhibit A which covers all CONSULTANT and staff time required to conduct the recruitment. 5.1.1 This amount will be billed in three equal instalments, one at the beginning of the recruitment,one at the halfway point,and the final upon the completions of the final interviews. 5.2 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, advertising, background checks and direct mailing. Reimbursement for Direct Non-Salary Expenses will be on the basis of actual invoiced charges and on the basis of current rates when furnished by CONSULTANT. 5.2.1 Travel costs of transportation and incidental expenses incurred by CONSULTANT shall be reimbursed in connection with PROJECT WORK; provided,as follows: • That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance, and depreciation costs of company or individually owned vehicles for that portion of time they are used for WORK. CONSULTANT, whenever possible,will use the least expensive form of ground transportation. • CONSULTANT shall be paid travel time at the rate of$82.50 per hour billed to the quarter hour. 5.3 Payment terms are net 30 after receipt of approved invoice(s). SECTION 6 RESPONSIBILITY OF CONSULTANT 6.1 INDEMNIFICATION: (a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its elected officials, agents, officers, employees, agents and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings, (including reasonable costs and attorneys fees) and (2)judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the CONSULTANT's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the CONSULTANT, the CONSULTANT shall at once cause the same to be dissolved and discharged by giving bond or otherwise. RFQP 11323/Page 2 of 6 (b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property,caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the service. (c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim,the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. (d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.2 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the CONSULTANT or a subcontractor under workers' or workmens' compensation acts, disability benefit acts,or other employee benefit acts. SECTION 7 INSURANCE 7.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in effect insurance to protect the CITY and the CONSULTANT from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. CONSULTANT shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CITY reserves the rights to require higher limits should it deem it necessary in the best interest of the public. 7.1.1 Before this Contract is fully executed by the parties, CONSULTANT shall provide the City with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of One Million Dollars ($1,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount,the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. 7.1.2. Before this Contract is fully executed by the parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial general liability coverage with a total minimum liability limit of One Million Dollars ($1,000,000.00)per claim combined per occurrence, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. 7.1.3. Statutory workers'compensation and employer's liability insurance as required by state law. SECTION 8 INTEGRATION RFQP 11323/Page 3 of 6 8.1 This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 9 JURISDICTION,SEVERABILITY AND VENUE 9.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue for all disputes arising under this Agreement shall be in a court of competent jurisdiction in Yakima County, State of Washington. SECTION 10 TERMINATION OF WORK 10.1 CITY may terminate this Agreement for its convenience, in whole or in part, provided the CONSULTANT is given not less than fifteen (10) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate. CITY will only be responsible for the fees and expenses incurred prior to cancellation. 10.2 CITY will only be responsible for the fees and expenses incurred prior to cancellation. SECTION 11 CONFLICT OF INTEREST 11.1 CONSULTANT warrants that it has no known conflicts of interest that prevents it from accepting this agreement. CONSULTANT recognizes that actual and apparent conflicts of interest must be avoided. If CONSULTANT has any reason to believe at any time that an actual or apparent conflict may or could exist, CONSULTANT shall contact CITY immediately to discuss the potential conflict. SECTION 11 GUARANTEE AND WARRANTY 11.1 Should the selected candidate leave the employment of the CITY within the first twelve (12) months of appointment, CONSULTANT will conduct one additional recruitment, if requested to do so within six(6)months of the employee's departure at no additional professional fee,the only cost being expenses. 11.2 if the major elements of the process are followed and a candidate is not chosen, CONSULTANT will conduct a new recruitment with no additional professional fee,the only cost being expenses. SECTION 12 NOTICE 12.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below,whichever is earlier. CITY: City of Yakima City Manager 129 North 2nd Street Yakima,WA 98901 CONSULTANT: GMP Consultants Greg M.Prothman RFQP 11323/Page 4 of 6 7401 Cascade Ave SE Snoqualmie,WA 98065 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA GMP C NSULTANTS Dave Zabell,C ger Greg Prot an,President Date: at)r-d-14' Date: 2/26/24 f YAKI/:, Attest City Clerk * - F n'. • For City of Yakima Use Only: Contract No Project No R ,,,(.d�,,1 0 osoIution NO ft'Ot F2FP No RFQP 11323/Page 5 of 6 EXHIBIT A SCOPE OF SERVICES This is highly skilled recruitment for a Director of Community Development using best practices to attract high quality candidates. The services will follow the timelines and work as described in the Project Work Plan. PROJECT WORK PLAN Phase One — Information Gathering Profile Development & Position Announcement (Expected to be completed within 1 week) Task 1 —Review and Finalize Search Process and Schedule Task 2—Key Stakeholder Meetings and Staff Provided Information Request Task 3—Candidate Profile Development Task 4—Develop Recruitment Letter Phase Two — Strategic Marketing Campaign (Expected to be completed within 4 weeks of completion of Phase One) Task 1 —Place Advertisements in Appropriate Professional Online Publications Task 2—Development of a Database of Potential Candidates Task 3—Identify and Contact Potential Candidates Phase Three—Candidate Screening and Shortlist Presentation(Expected to be completed within 2 weeks of completion of Phase Two) Task 1 —Resume Review and Semi Finalist Screening Interviews Task 2—Conduct an Internet Publication Search on Semifinalist Candidates Task 3—Review of Semi Finalist Candidates Task 4—Select Finalist Candidates Task 5—Assist in the Design of Finalist Interviews Phase Four—Final Interviews(Expected to be completed within 2 weeks of Phase Three) Task 1 —Develop an Interview Schedule for Final Interviews. Task 2—Conduct Professional References on All Finalist Candidates Task 3—Work with City Staff to Develop Interview Questions for Each Panel Task 4—Provide the City with Finalist Candidate's Application Materials Task 5—Coordinate Candidate Travel Task 6—Facilitate Final interviews Task 7—Assist in Facilitating Final Offer and Acceptance RFQP 11323/Page 6 of 6 1 oiU 5'fl`'.°.'a a, _____) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.M. For Meeting of: March 5, 2024 ITEM TITLE: Resolution authorizing the City Manager to execute a contract with GMP Consultants for the recruitment of a new Community Development Director SUBMITTED BY: Connie Mendoza, Director of Human Resources SUMMARY EXPLANATION: ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Approve Resolution. ATTACHMENTS: Description Upload Date Type ❑ 2/27/2024 Resolution ❑ 2/26/2024 Backup Material