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HomeMy WebLinkAbout21-028 - Human Resources Systems - Battalion Chief Assessment CenterCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 21-028 Council Approval N/A 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 Human Resources Systems, hereinafter referred to as "the Contractor," whose principal office is located at 3410 Claremont Avenue S., Seattle, Washington 98144. 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 according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $10,400.00. 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 February 1, 2021, and ending July 31, 2021, 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. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, 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 Public Entity. 1/1 CA Revised May 2020 Page 1 of 8 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 Public Entity, 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. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 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 $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. Professional Liability with limits no Tess than $1,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Contractor's profession. 3. Workers' Compensation coverage as, required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Professional 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. CA Revised May 2020 Page 2 of 8 E. 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. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. 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, 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 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 giving to the Contractor 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 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 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 CA Revised May 2020 Page 3 of 8 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. Severabilitv 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. The prevailing party in any such action, shall be entitled to its attorney's fees and costs of suit. DATED this 1st day of February 2021. CITY OF TUKWILA Juan Padilla, HR Director 2/17/21 APPROVED AS TO FORM: Office of the City Attorney CONTRACTOR By: I Printed Name and Title: Ronald T Hiraki, Sole Proprietor Address: 3410 Claremont Avenue S. Seattle, WA 98144 CA Revised May 2020 Page 4 of 8 EXHIBIT A: SCOPE OF WORK Human Resources Systems (HRS) will design and administer one assessment center for the position of Battalion Chief for the Tukwila Fire 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 Fire 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 the Tactical Exercise (To be designed and administered by the City's Fire Department Staff) • Does not include an interview by the Fire 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 Fire 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 fire department officers and fire department executives. The Development Committee may also include the City's or Fire 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 fire department members. • Meeting #5: Train role player. PROPOSED ASSESSMENT CENTER EXERCISES HRS proposes three exercises for the City's Fire Department, Battalion Chief Assessment Center. They are Role Play, Take Home Problem Solving, and Presentation. A description of these exercises follows. ROLE PLAY: The candidate will assume the role of Battalion Chief and will interact with a person (role player) trained to play a designated role. The designated role is one with which the Battalion Chief would have a business relationship. The candidate will be required to resolve issues using interpersonal, management, and leadership skills. CA Revised May 2020 Page 5 of 8 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: • 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 require 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 appropriate management representatives 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 May 2020 Page 6 of 8 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 March 30 & 31, 2021. CA Revised May 2020 Page 7 of 8 EXHIBIT B PAYMENT The base fee for the 2021 Battalion Chief Assessment Center is $8,400.00 for three exercises (one of which is a role play), and up to eight candidates. If the Tukwila Fire Department has 9, 10, 11, or 12 candidates, the fee will be $8,900.00. The number of applicants at the closing of the applicable announcement defines the number of candidates. This fee includes all materials, photocopying, and travel expenses. Contingency Fees: Significant changes as required after Meeting Three, or due to an extension of contract will be billed at the hourly rate of $150.00 per hour, but not to exceed more than a total of $1,500.00. The City will be invoiced two weeks after the assessment center. Payment is due within 90 days. CA Revised May 2020 Page 8 of 8