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HomeMy WebLinkAbout14-004 - Cabot Dow & Associates - 2014 Labor Relations ConsultantCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 1LI - goq,.(a CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Cabot Dow & Associates That portion of Contract No. 14 -004 between the City of Tukwila and Cabot Dow & Associates is amended as follows: 1. Scope and Schedule of Services to bE Performed by Contractor. The contractor shall perform those services described or Exhibit A, revised for specific work in 2015 as of December 18, 2014. In performing = uch services, the Contractor shall at all times comply with all Federal, State, and local st itutes, rules and ordinances applicable to the performance of such services and the landling of any funds used in connection therewith. The Contractor shall request an obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered at $150.00 per hour. The total amount shall not exceed $35,000 (work for revised scope of services in 2015 shall not exceed $5,000). 4. Duration of Agreement. This Agreement in effect for the period commencing January 1, 2014, and ending December 31, 2015 unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this I day ofbtawYl/kien CITY OF TUKWILA CA: 2012 ,20/ CONTRACTOR Printed Name/Title: (.4 i3v i� Dow P.Pes%o,° i r Page 1 of 1 EXHIBIT "A" Scope of Services Labor Relations Consultant Cabot Dow Of Cabot Dow Associates At the direction of the City of Tukwila, by and through its representatives will oversee and direct the work of CABOT DOW of Cabot Dow Associates, in performing the following labor relations work on an as needed basis. 1. Advise City in regard to labor contract issues that may arise during the term of the agreements. 2. Other labor relations assignments as may be deemed appropriate by the Mayor or his /her designee(s). w4 City of Tukwila sy 6200 Southcenter Boulevard, Tukwila WA 98188 o s Contract Number: 14 -004 Council Approval N/A CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Cabot Dow & Associates hereinafter referred to as "the Contractor," whose principal office is located at P. O. Box 1806, Bellevue, WA 98009. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered at $150.00 per hour. The total amount shall not exceed $25,000. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2014, and ending December 21, 2014 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. w 0 CA Revised 2012 Page 1 of 4 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. No insurance is required for this agreement as authorized by the City's Risk Manager at the request of the originating department. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. B. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. C. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. D. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. E. Notice of Cancellation. The Contractor shall provide the City and all Additional Insured for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, CA Revised 2012 Page 2 of 4 therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City or the Contractor giving thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. Each party is responsible for its CA Revised 2012 Page 3 of 4 own cost of representation in any such action. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this [61-* day of J a��J , 201 / r CONTRACTOR CITY OF TUKWILA Attest /Authenticated: City lerk By: Printed Name and Title: ei4/34. i Do Address: ?.O • I °oo C3E LLEv'.E W.A q 5009 Approved as to Form: CA Revised 2012 Page 4 of 4 EXHIBIT "A" Scope of Services Labor Relations Consultant Cabot Dow Of Cabot Dow Associates At the direction of the City of Tukwila, by and through its representatives will oversee and direct the work of CABOT DOW of Cabot Dow Associates, in performing the following labor relations work on an as needed basis. 1. Represent the City as Chief Negotiator in labor negotiations with representatives of labor organizations representing City employees. 2. Advise City on labor policy and parameters for labor negotiations 3. Participation as member of City's negotiations team, including: a. Costing proposals and counterproposals, using information provided by the City. b. Packaging proposals and counterproposals. c. Draft proposals and responses to Union proposals. d. Meet with Mayor and Council in labor policy formulation. 4. Represents City interest arbitration proceedings, including related preparations of exhibits, position papers and rebuttal to Union positions and proposals at issue. 5. Perform total compensation studies for selected classifications, as assigned by the City. 6. Represent City in PERC proceedings. 7. Represent City in grievance arbitration proceedings. 8. Advise City in regard to labor contract issues that may arise during the term of the agreements. 9. Other labor relations assignments as may be deemed appropriate by. the Mayor or his /her designee(s).