HomeMy WebLinkAbout19-011 - Human Resource Systems - 2019 Fire Battalion Chief Promotional TestingContract Number: 19-011 City of Tukwila
- 6200 Southcenter Boulevard; Tukwila WA 98188 Council Approval N/A
CONSULTANT AGREEMENT FOR
ASSESSMENT CENTER TESTING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Human Resources Systems, hereinafter referred to as "the Consultant",
in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Assessment Center
Testing services in connection with the project titled 2019 Fine Battalion Chief Promotional
Testing.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including- the provision of all labor, materials, equipment and supplies.
3. Duration of Aar Bement• Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending Lune 15, 2019, unless sooner
terminated tinder the provisions hereinafter specified. Work under this Agreement shall
Commence upon \written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this .agreement no
later than June 15, 2019, unless an extension of suCh time is granted in writing by the City.
4. Pavment. The Consultant shalt be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Pavment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed S71,300 without express wvritten modification of the Aggrecment signed by the
CitV,
B. The Consultant may submit vouchers to the City once per month during the progress of
the wort: for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of -any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion
of the work under this Agreement and its acceptance by the City.
D. Pavment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
a-
Ov nership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
areetnent shall be the property of the City vdiether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drat\ ings and specifications for information. reference and use in connection N\ ith
the Consultant's endear ors. The Consultant shall not be responsible for any use of the said
documents, dra\rings- specifications or other materials by the Cite on any project other than
the project specified in this Agreement.
6. Compliance with LaNNs. The Consultant shall, in performing the services contemplated by
this :agreement, faithfully observe and comply, \vith all federal, state. and local laws,
ordinances and regulations, applicable to the set-\ ices rendered under this Aurcement.
Indemnification. The Consultant shall defend- indemnify and hold the City. its officers.
Officials. employees and \oluntcers harmless from any and all claims, injuries, damaacs
losses or snits including attorrtev fees. arising out of or resultinU from the acts, errors or
omissions of the Consultant in performance of this .)queetnent, except for injuries and
damages caused by the sole neudi-ence of the Cite.
Should a court of competent jurisdiction determine that this `ygrecment is subject to RC�X
4.24.1 15, then, in the went of liability for datna�_,cs arising out of bodil\: to persons or
damages to propert\ caused by or resultin« from the concurrent negligence of the Consultant
and the City. its officers. officials, employees. and \volunteers. the Consultant's liability
hereunder shall be onl\T to the extent of the Consultant's ncghgence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of imrtlunitV under Industrial Insurance. Title 5 1 RCW. solely for the purposes of this
indemnification. This has been mutually neC7otiated bl the parties. The provisions of
this section shall sue-\ ive the expiration or termination of this Aarcement.
S. Insurance. The Consultant shall procure and maintain for the duration of the A!1 ucement,
insurance against claims for injuries to persons or datna{ae to property which tray arise from
or in connection \\ ith the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
aareemcnt shall not be construed to limit the liability of the Consultant to the covera(e
provided by such insurance, or otherwise limit the City's recourse to and remedy available at
lacy or in equity.
A. :Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
tpcs and with the limits described below.
ALItotnobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of S300,000 per accident. Automobile Liability
insurance shall cover all o\vned., non -owned, hired and leased vehicles. Covera,,�c
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form pro\ idin!) equivalent liability covcra`xe, It necessary, the policy shall be
endorsed to prox ide contractual liability co\ erage.
?. Workers' Compensation coverage as rcquired by the Industrial Insurance 1a« s o!'
the State of yyashin.uton.
3. Professional Liability with limits no less than S1,000,000 per claim and
S1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
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13. Other Insurance Provision. The Consultant'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 Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VIL
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, evidencing the insurance requirements of the
Consultant before commencement of the work. Certificates of coveraLe and
endorsements as required by this section shall be delivered to the City_ wuhin fifteen (15)
days of execution of this Agreement.
E. Notice of Cancellation. The Consultant shall provide the Cite with �vrittcn notice of any
policy cancellation, within txvo business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant 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 Consultant to correct the breach.,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection 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 Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The Cite shall not be responsible for vyithholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
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1 Q. Covenant .against Contin-ent Fees. The Consultant %y arrants that lie has not employed or
retained any company or person, other than a bonafide employee work'ng solely for the
Consultant. to solicit or secure this contract, and that he has not paid or agreed to pay any
company Or person, ether than a bonafide employee working solely for the Consultant, ally
fce, Commission, percentage. brokcrage fec, gifts. or any other consideration contingent upon
or restilt'ng from the a%%ard or making of this contract. For breach or violation of this
\\arrant, the C'ty shall lia%e the ri`glit to annul this contract ~,without liability. or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage I -cc., fgift. or contingent fce.
11. Discrimination Prohibited. The Consultant, with regard to the ~work performed by it under
this A,_,reement, will not discriminate on the grounds of- race, religion, creed. color, national
Origin, age, teteran status, se\, sexual orientation. gender Identity. marital status, political
affiliation or the presence of any disability in the selection and retention of- employees or
procurement Of niatCrnals OF supplies.
12. Assi nment. The Consultant shall not sublet or ass' an_y of' the services coN Bred bar this
Agreement ~:without the express written consent of the Cite.
13. Non -Waiver. Wa'ver by the Cite of any provision of this Agreenicnt or anN time limitation
prov'ded for ]it this Agreement shall not constitute a ova'% er of any other provis'on.
14. Termination.
A. The City reserves the right to terminate this Agreement at anv time by tgIvIrto ten (I(TI
days \vr'ttcn notice to the Consultant.
B. fit the event of the death of a member, partner Or officer of the Consultant, or any of its
surer\'sort' personnel assigned to the projeC, the sui-viwnng members of the Consultant
herebv agree to complete the work under the terms of this Agreement. 'f requested to do
so by the Cite. This section shall not be a bar to rent<�otiations ofthis AgrecMent
bet\ween surviN'n21 members of the Consultant and the City, if the City so chooses.
1 Applicable Lavv, Venue; Attorneys Fees. This .Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local LM s..
re{-ulations, and rules,'ncludin<g the provisions of -the City of Tukwila y`Iunicipal Code anal
ordinances Of- the C'ty of TLIkWila. In the event any Suit. arbitration, or other procceding is
instituted to enforce any term of this Agreement, thepat-tiesspecifically understand and agree
that venue shall be properly laid 'n ring County', AA'ashington. The prevailing party in any
such action shall be entitled to its attorney°s fees and costs of suit. Venue I -or anv action
arisin{a, from or related to this A{greement shall be exCris'vely in Icing County Superior Court.
16. Severability and Survival. If anv term, condition or provision of this -Agreement is declared
vold or Linenforeeable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fullN enforceable. The
provisions of this A{greement, xvh'Ch by then- sense and context are reasonably intended to
sui-v'\e the COMPIetion, expiration or cancellation of this Agreement. shall sui-Me
termination of this Agreement.
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I Notices. Notices to the Cite of Tukwila shall be sent to the following address:
City Clerk
Cite of Tukwila
6200 Southeenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the followinff address
Ron Hiraki
Human Resources Systems
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant 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.
DATED this I ! day of 1 uo� , �) , 20 _
CITY OF TUKWILA
7
1,7
Juan Padilla. Human Resources Director
CONSULTANT
l
By: i
Printed Name: Ronald T. Hiraki
Title: Sole Proprietor
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ATTACHMENT A:
SCOPE OF NVORK
Human Resources Svstcros MRSi \\ill desi`m and administer one assessment center for the position
of Battalion Chief far the Tukwila Fire Department. The assessment Center:
■ Will folly\v recouniled t_uidelines for a true and proper assessment center process.
• Will evaluate candidates in the dimensions applicable to the jab as identified by the City's
Fire Department staff.
■ Will be comprised of standard elements and procedures.
• Will evaluate all candidates in the dimensions and ran]: them accordim-, to their score.
• Does not include a traditional written examination.
■ Does not include the Tactical Exercise
(To be designed and administered by the City's Fire Department Staff)
• Does not include an intervie\v by the Fire Chief or desiLnee.
ASSESSMENT CENTER DESIGN PROCESS
[IRS \will work cooperatively with members of Development Committee to design the assessment
center exercises. The leadership of the City's Fire Department will select two to four people to ser\e
as Subject Flatter Experts (SMEs) on the Development Committee xvith Ron Hiraki of FIRS. The
SIMEs would include fire department line officers and fire department senior mana<aers. The
Development Committee may also include the C1ty's or Fire Department's Hainan Resources
Professional. The development \work \kill be conducted in a series of meetings. Committee members
\vill pro\ ide \erbal input and required background or reference material. FIRS will produce all
instructions, written documents, and score sheets.
The series of development committee meetings, taking place over a ten week period. is typically
comprised of five half -dal meetings. additional time may, be necessary based on the complexity of
the exercises.
• Mectim-, # I: Brainstorm or draft exercises.
• Meetin',x =C.- Review exercise instructions and draft desired behaviors (scoring criteria).
■ 'Meeting 14: Revise instructions and re\ new desired behaviors.
•
lfeetinFg Final review of all documents. If necessary, practice test runs afthc exercises
using committee or nonaligned fire department members.
• Mcetina = : Train role player.
PROPOSED ASSESSMENT CENTER EXERCISES
FIRS proposes three exercises for the City's Fire Department. Battalion Chief assessment Center.
Thee are Role Flat, Take Home Problem Solving, and Presentation. A description of these exercl�cs
falla\\ s.
ROLE PLAY: The candidate \\ ill assume the role of Battalion Chief and will interact with a person
(role player) trained to play a designated role. The desi<gnated role is one with \\-Inch the Battalion
Chief\\ould have a business relationship. The candidate will be required to resolve issues usin{x
interpersonal. manaement, and leadership skills.
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HRS is focused on conducting a proper role play using a separate role player who is trained prior to
the assessment center. The role player's sole job is to concentrate on playing the role according to
the instructions, and not to evaluate. Assessors observe and evaluate the role play as it is conducted.
PROBLEM SOLVING: The candidate will assume the role of Battalion Chief. The candidate will
be directed to conduct research and/or analysis to identify the problem and propose solutions during a
designated period of time. The proposed solutions should include multiple options, both short term
and long term. The candidate should be able to identify the pros and cons of each option. The
Proposed solutions will be presented in oral, and possibly written, form at the assessment center.
This could be a "take home" assignment that the candidates could receive at the Candidate
Orientation.
PRESENTATION: The candidate will assume the role of Battalion Chief. The candidate will be
given a scenario, audience, and topic. The candidate will be directed to prepare a presentation during
a designated period of time. The presentation will be delivered orally to the assessors as the
audience. The candidates could be directed to submit a written outline and handouts of their
presentation. This could be a "take home" assignment that the candidates could receive at the
Candidate Orientation.
HRS SERVICES
HRS will:
■ Mork with the City's Development Committee to design the assessment center exercises.
■ Develop and produce appropriate assessment center materials.
■ Conduct a candidate orientation.
• Develop and produce the assessment center schedule.
• Train role players and assessors.
• Serve as administrator for the assessment center, and as facilitator for the assessors in the
consensus process.
HRS vvIll ask the City's Fire Department or Human Resources Department to:
• Provide a job description for the position.
■ Be responsible for the job announcement, application, and all notifications to the candidates.
■ Provide all study or reference materials for the candidates.
■ Provide an appropriate management representative for the follotiving.
Orientation of the organization and job analysis
Candidate Orientation
Role Plaver Training
Assessor Training
Debriefing at the conclusion of the assessment center
■ Recruit, schedule, and provide qualified personnel to serve as assessors, role players or
facilitators no later than two weeks prior to the assessment center.
• Be responsible for all notifications to the assessors, role players or facilitators.
■ Provide and serve all food and beverages for assessors and related personnel during the
assessor training and the assessment center.
■ When necessary, provide all lodging for out of area assessors and role players.
• Provide facilities for the candidate orientation, assessor training, and the assessment center.
■ Provide audiovisual equipment and visual aid equipment required for the assessment center.
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SCHEDULING
The number of candidates and the number of assessors determines the amount of time required to
conduct the assessment center. T\vo dais are normally required to conduct an assessment center.
The first dal is reserwd for assessor training and aM- medium-tet-311 candidate preparation. The
second day is reserved for the exercises. Generall}. up to eight candidates can be assessed in one dad
if the exercises are conducted concurrently. The client may elect to use two or three assessors per
exercise.
The assessment center has been tentatively scheduled for May 14 &, 1; 2019
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ATTACHMENT B:
PAYMENT
The base fee is S6,800 for a three -exercise assessment center for up to eight candidates.
If the City has 9, 10. 11, or 121 candidates, the fee would be $7,300.
This tee includes all materials, photocopying, and travel expenses.
No other fees or charges will be invoiced unless specified and agreed to by both parties in writing in
advance.
The City will be invoiced two weeks after the assessment center. Pavment is due within 90 days.
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