HomeMy WebLinkAbout18-132 - Prothman Company - Interim Human Resources DirectorCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:18-132(a)
Council Approval 11/5/18
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Prothman Company
That portion of Contract No. 18-132 between the City of Tukwila and Prothman Company
is hereby amended as follows:
Section: Fees & Expenses. The Interim Human Resources Director's hourly rate is
$91.00 for each hour worked by the Interim Human Resources Director; provided that the
total amount of payment to the Consultant shall not exceed $80,000 without express
written modification of the Agreement signed by the City. Invoices will be submitted to the
City every two weeks and are due within twenty (20) days of receipt. A 3% charge will be
added reflecting Prothman's City of Issaquah and Washington State B&O tax obligations.
The City is also responsible for any client -required licenses, fees or taxes. Delinquent
payments will be subject to a late payment charge of 12% (annual) and which will be
applied to any unpaid balance owed commencing seven (7) days after the payment due
date.
All other provisions of the contract shall remain in full force and effect.
Dated this day of r 1,;),( , 20 it
CITY OF TUKWILA CONTRACTOR
ATTEST/AUTHENTICATED
Printed Name:
APPROVED AS TO FORM
Christy OF laherty, MMC, Cit lerk Office of the ity Attorney
CA Revised December 2016
Page 1 of 1
18-132
Council Approval N/A
Mr. David Cline
City Administrator
City ofTukwila
02DD8ouUloenharBlvd.
Tukwila, WA 98188
Dear Mr. Cline:
We thank the City of Tukwila for the opportunity to provide an |nhe[hn Human Resources
Director. 0ek»vv is our standard agreement for providing interim services.
Term. The bann of this Agreement is ongoing, provided the City of Tukwila may terminate this
agreement otany time.
Prothmnam Interim Hmnmmm Resources Director. The Prothman Interim Human Resources
Director serves as a PnuUlmmn Company employee assigned to the City ofTukwila and shall
perform such duties as assigned by the City. The City shall have the right to direct the
Prothman Company to replace the Interim Human Resources Director at any time.
Employer Duties of the Prcthmmmn Company. The Prodhman Company shall provide a
F»nothrnan Company employee qualified bmact mo the City'o Interim Human Resources Director
during the term of the contract. The Pnnthrnon Company shall (1) pay all wages and other
remuneration to its employee who is provided under this Agreement, /2> prepare and file all
payroll tax returns and reports, (3) pay all amounts due and owing pursuant Uothe payroll tax
returns and reports, /4\ pnapmma, fi|e, and furnish to the employee applicable employee tax
forms, and (5) prepare and fi|e, with m copy to the C}ity, mpp|iumb/o employer tax forms.
Duties of the City. When applicable, the City mhoU provide a vvod« place for the Interim Human
Resources Qinnotmr and maintain the work place in accordance with applicable health and
working standards, and will notify the Prothmen Company immediately ofany injuries sustained
by the Interim Human Resources Director in the nnurea of providing services under this
Agreement. Further, the City will provide reimbursement to the Interim Human Resources
Director for costs incurred as a result of performing City business such as nni|emga, tnawa|
expenses and other similar costs at the normal City rates and in accordance with the City's cost
reimbursement policies applicable to City employees.
Fees & Expenses. The Interim Human Resources Director's hourly rote is $81.00 for each
hour worked by the |ntmh[n Human Resources Director; provided that the totml amount of
payment to the Consultant shall not exceed $40,000 without the express written modification of
the Agreement signed bythe City. Invoices will he submitted tothe City every two weeks and
are due within twenty (2O)days ofreceipt. A^Q96charge will beadded reflecting Prmthnman'sCity
of |enoquoh and Washington State B&Q tax obligations. The City is also responsible for any
client -required licenses, fees ortaxes. Delinquent payments will be subject to a late payment
charge of 12% (mnnum() and which will beapplied tm any unpaid balance owed commencing
seven (7)days after the payment due date.
2O8.308.0050^371NEGilman 8hd,Suite 31OIssaquah, VVA98027"
Finder's Fee. If the City chooses to hire the Interim Human Resources Director as a regular
City employee, the City agrees to pay the Prothrnon Company the percentage of the starting
annual salary based upon the length ofthe assignment withtheCib/aeoepnesen$*dbe|mw:
Oto 12months ' 15%
After 13months -iOY6
UmdanmmQ0owtmm- The Prodhmnan Company shall indemnify, defend. and hold harmless the City
rthe purposes of all required payroll deductions and withholdings, legally required workers'
compensation insurance and other employee benefits. The City releases and agrees to
indemnifv, defand, and hold harmless the Fzrothman Company, the employees of the P/oUlmen
Conopeny, and persunne|, dinaotmrs, and ufficana of the pno1hrnan Company from any and all
antions, o|ainnm, damages, urinjuries to persons orproperty, pena|Uoa, obligations or liabilities
arising out of or related to the services performed by the Interim Human Resources Director that
are under the control of the City and are within the course and scope of City employment. The
Prothmmn Company releases and agrees to indwnnnifv, defond, and hold harmless the City, its
offiman», employees and coneu|bsn1o, from any and all actions, o|airno, donlaQes, or injuries to
persons or pnopedv, penm|tiao, obligations or liabilities arising out of or related to the
malfeasance or vvi|/fu| misconduct of the Interim Human Resources Director, or acts or
omissions of the Interim Human Resources Director that are not under the control of the City or
are not within the course and scope of City employment. If the City is notified or becomes
aware ofany alleged improper or illegal activities by the interim employee the City shall notify
the F,rodhmanCompany immediately.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Prothnnan Company's waiver ofimmunity under Industrial Insurance, Title 51
RCVV, solely for the purposes of this indemnification. This vva|mor has been mutually negotiated
by the parties. The provisions of this section ehuU survive the expiration or termination of this
Agreement.
Discrimination Prohibited. The F`ro1hmon Compeny, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of mooe, we|i8ion, unaed, color,
national origin, oQe, veteran gtatuo, omx' sexual orientoUon. gender identih/, rnoMte| etutua,
political affiliation or, the presence of any dieobi(ity, or any other protected c|mom status under
state or federal |mvv, in the selection and retention of employees or procurement of materials or
supplies.
Accepted by:
CITY OF TUKWILA
M
PROTHMAN
Gre rothman Dote
President
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