HomeMy WebLinkAbout19-097 - Human Resource Systems - 2019 Police Sergeant Promotional TestingContract Number: 19-097
City of Tukwila Council Approval NIA
• '°46200 Southcenter Boulevard, Tukwila WA 98188
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 Police Sergeant 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 Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending July 31, 2019, unless sooner
terminated under 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 July 31, 2019, unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment 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 $7,700 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work 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. Payment 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.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in 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 Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant'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.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant 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 $300,000 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.
3. Professional Liabilitv with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
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B. 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:VII.
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 coverage and
endorsements as required by this section shall be delivered to the City within fifteen (15)
days of execution of this Agreement.
E. Notice of Cancellation. The Consultant shall provide the City 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 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 City shall not be responsible for withholding 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.
CA revised : 1-2013 Page 3
10. Covenant Against Continent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right 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 fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. 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.
CA revised : 1-2013 Page 4
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following 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 day of
CITY OF TUKWILA CONSULTANT
r
y
Juan Padilla, Human Resources Director
Printed Name: Ronald T. Hi
Title: Sole Proprietor
CA revised : 1-2013 Page 5
ATTACHMENT A:
SCOPE OF WORK
Human Resources Systems (HRS) will design and administer one assessment center for the position
of Police Sergeant for the Tukwila Police Department. The Assessment Center:
■ Will follow recognized guidelines for a true and proper assessment center process.
■ Will evaluate candidates in the dimensions applicable to the job as identified by the City's
Police department staff.
■ Will be comprised of standard elements and procedures.
■ Will evaluate all candidates in the dimensions and rank them according to their score.
■ Does not include a traditional written examination.
■ Does not include an interview by the Police Chief or designee.
ASSESSMENT CENTER DESIGN PROCESS
HRS will work cooperatively with members of a Development Committee to design the assessment
center exercises. The leadership of the City's Police department will select two to four people to
serve as Subject Matter Experts (SMEs) on the Development Committee with Ron Hiraki of HRS.
The SMEs would include police department line officers and police department senior managers.
The Development Committee may also include the City's or Police Department's Human Resources
Professional. The development work will be conducted in a series of meetings. Committee members
will provide verbal input and required background or reference material. HRS 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 -day meetings. Additional time may be necessary based on the complexity of
the exercises.
■ Meeting # 1: Brainstorm or draft exercises.
■ Meeting #2: Review exercise instructions and draft desired behaviors (scoring criteria).
■ Meeting #3: Revise instructions and review desired behaviors.
■ Meeting #4: Final review of all documents. If necessary, practice test runs of the exercises
using committee or nonaligned police department members.
■ Meeting #5: Train role player.
PROPOSED ASSESSMENT CENTER EXERCISES
HRS proposes three exercises for the City's Police Department, Police Sergeant Assessment Center.
They are Tactical, Role Play, and Take Home Problem Solving. A description of these exercises
follows.
TACTICAL: The candidate will assume the role of a Police Sergeant. The candidate will be
expected to respond to and direct a tactical incident. The tactical incident will be depicted in a series
of events in written descriptions, photographs, snaps, diagrams, or verbal descriptions. The candidate
will have a designated amount of time to describe their actions, rationale, and directions and
communications to others.
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ROLE PLAY: The candidate will assume the role of a Police Sergeant and will interact with a
person (role player) trained to play a designated role. The designated role is one with which a Police
Sergeant would have a business relationship. The candidate will be required to resolve issues using
interpersonal, management, and leadership skills.
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 a Police Sergeant. 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.
HRS SERVICES
HRS will:
■ Work 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 will ask the City's Police 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 the members for the Development Committee to design the assessment center
exercises.
■ Provide an appropriate management representative for the following.
- Orientation of the organization and job analysis
Candidate Orientation
- Role Player 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.
CA revised : 1-2013 Page 7
SCHEDULING
The number of candidates and the number of assessors determines the amount of time required to
conduct the assessment center. Two days are normally required to conduct an assessment center.
The first day is reserved for assessor training and any medium -term candidate preparation. The
second day is reserved for the exercises. Generally, up to eight candidates can be assessed in one day
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 June 17 & 18, 2019.
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ATTACHMENT B:
PAYMENT
The base fee is $7,200 for a three -exercise assessment center for up to eight candidates.
If the City has 9, 10, 11, or 12 candidates, the fee would be $7,700.
This fee 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. Payment is due within 90 days.
CA revised: 1-2013 Page 9
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