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HomeMy WebLinkAbout20-047 - Human Resources Systems - 2020 Police Sergeant Assessment CenterCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR ASSESSMENT CENTER TESTING SERVICES 20-047 Council Approval N/A 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 2020 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 August 31, 2020, 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 August 31, 2020, 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 $8,200 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. C 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 recourse 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 Liability 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. CA revised : 1-2013 Page 2 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 Contingent 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 termsof 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 3410 Claremont Avenue S. Seattle, WA 98144 206.723.3700 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 Pp ( 20 . CITY OF TUKWILA CONSULTANT (GA. By: Juan adilla, Human Resources Director Juan T. Hiraki, Sole Proprietor CA revised : 1-2013 Page 5 EXHIBIT 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 The City's Police Department may choose three of the following typical exercises for the Police Sergeant Assessment Center. Typical Exercises include Tactical, Role Play, Presentation and 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, maps, diagrams, or verbal descriptions. The candidate will have a designated amount of time to describe their actions, rationale, and directions and communications to others. CA revised : 1-2013 • Page 6 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. PRESENTATION: The candidate will assume the role of a Police Sergeant. The candidate will be directed to present information or respond to questions or comments from a simulated audience in a designated period of time. The candidate is expected to speak to the simulated audience in a manner consistent with their needs and level of understanding. This could be a "short preparation" exercise where the candidate would have approximately 30 minutes to prepare. This could also be an or "impromptu" exercise where the candidate has no or very little preparation time. 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 CA revised : 1-2013 • Page 7 ■ 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. 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, 2020. CA revised : 1-2013 Page 8 EXHIBIT B: PAYMENT The fee for the 2020 Police Sergeant Assessment Center is $7,200.00 for three exercises (one of which is a role play), and up to eight candidates. If the City's Police Department has 9, 10, 11, or 12 candidates, the fee will be $7,700.00. If the City's Police Department has 13, 14, 15, or 16 candidates, the fee will be $8,200.00. 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