HomeMy WebLinkAboutAgreement for Services COA & McGrath Consulting Group A �.ic��
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CITY OF AUBURN
AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into on this day of 6C-40 e ,2019,by
and between the City of Auburn,a municipal corporation of the State of Washington,(the"City")
and McGrath Consulting Group, (the"Consultant").
RECITALS:
1. The City is in need of specialized and qualified management assessment professionals to
identify the strengths and challenges of the Auburn Police Department.
2. The City wants to hire the Consultant to provide these services in connection with the
City's work.
3. The Consultant is qualified and able to provide services in connection with the City's needs
for this work, and is willing and agreeable to provide the services on the terms and conditions in
this Agreement.
AGREEMENT:
In consideration of the mutual promises contained in this Agreement,the parties agree as
follows:
1. Scope of Services
The Consultant agrees to perform in a good and professional manner the tasks described in Exhibit
"A." The Consultant shall perform the services as an independent contractor and shall not be
deemed, by virtue of this Agreement, to have entered into any partnership, joint venture,
employment, or other relationship with the City.
2. Additional Services
If additional services with respect to related work are required beyond those specified in the Scope
of Work, and not included in the compensation listed in this Agreement, the parties will amend
this Agreement before the Consultant performs the additional services.
3. Consultant's Representations
The Consultant represents and warrants that it has all necessary licenses and certifications to
perform the services provided for in this Agreement,and is qualified to perform those services.
4. Acceptable Standards
The Consultant shall be responsible to provide, in connection with the services contemplated in
this Agreement, work products and services of a quality and professional standard that meets
generally recognized industry standards for similar work products and services.
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5. Compensation
As compensation for the Consultant's performance of the services provided for in this Agreement,
the City shall pay the Consultant the fees and costs specified on Exhibit"B."The Consultant shall
submit to the City an invoice or statement of time spent on tasks included in the scope of work.
The City, upon acceptance of the invoice or statement, shall process the invoice or statement in
the next billing/claim cycle following receipt of the invoice or statement,and shall remit payment
to the Consultant, subject to any conditions or provisions in this Agreement or Amendment. The
not-to-exceed amounts for this agreement are_$42,500.
6. Time for Performance and Term of Agreement
The Consultant shall not begin any work under this Agreement until authorized in writing by the
City. The Consultant shall perform the services in accordance with the direction and scheduling
provided on Exhibit"A" unless otherwise agreed to in writing by the parties. All work under this
Agreement shall be completed by no later than December 31, 2019, and in accordance with the
deadlines set forth in the Scope of Services.
7. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations,
working drawings and any other materials created or otherwise prepared by the Consultant as part
of their performance under this Agreement will be owned by and become the property of the City,
and may be used by the City for any purpose beneficial to the City.
8. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts found upon audit
or otherwise to have been improperly invoiced, and all records and books of accounts pertaining
to any work performed under this Agreement shall be subject to inspection and audit by the City
for a period of up to three (3) years from the final payment for work performed under this
Agreement.
9. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Contract is in effect,
the Consultant agrees that,notwithstanding such dispute or conflict,the Consultant shall continue
to make a good faith effort to cooperate and continue work toward successful completion of
assigned duties and responsibilities.Nothing in this section is intended to restrict or otherwise limit
the Consultant's rights of termination set forth elsewhere in this Agreement.
10. Administration of this Agreement
Any written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Auburn McGrath Consulting Group
Human Resources Manager Chief Executive Officer
25 West Main Street PO Box 190
Auburn, WA 98001-4998 Wonder Lake,IL 60097
Phone: 253-931-3040 Phone: 815-728-9111
Fax: 253-288-4305 Email:ron@mcgrathconsulting.com
E-mail: humanresources@auburnwa.gov
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11. Notices
All notices or communications permitted or required to be given under this Agreement shall be in
writing and shall be deemed to have been duly given if delivered in person or deposited in the
United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and
addressed,if to a party of this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing to the other party.
12. Insurance
The Consultant will procure and maintain for the duration of this 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 by the Consultant, or the Consultant's agents, representatives,
employees,or subcontractors.
The Consultant will obtain insurance of the types described below:
A. Automobile Liability insurance covering all owned, non-owned, hired, and leased
vehicles. Coverage shall be as least as broad as Insurance Services Office(ISO)form CA
00 01. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of$1,000,000 per accident.
B. Commercial General Liability insurance will be at least as broad as ISO occurrence
form CG 00 01 and will cover liability arising from premises, operations, stop-gap
independent contractors and personal injury and advertising injury. The City will be named
as an additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO CG 20 26. Commercial General Liability insurance
will be written with limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
C. Professional Liability insurance appropriate to the Consultant's profession.
Professional Liability insurance will be written with limits no less than $1,000,000 per
claim and $1,000,000 policy aggregate limit.
D. Worker's Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
The Consultant's insurance coverage will be primary insurance. Any insurance,self-insurance,or
insurance pool coverage maintained by the City will be excess of the Consultant's insurance and
will not contribute to it.
The Consultant will provide the City and all Additional Insureds for this work with written notice
of any policy cancellation within five business days of their receipt of such notice.
Insurance is to be placed with an authorized insurer in Washington State. The insurer must have
a current A.M. Best rating of not less than A:VII.
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Consultant will furnish the City with certificates of insurance and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work. The
City reserves the right to require that complete, certified copies of all required insurance policies
be submitted to the City at any time. The City will pay no progress payments until the Consultant
has fully complied with this section.
If the Consultant maintains higher insurance limits than the minimums shown above,the City shall
be insured for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the Consultant
are greater than those required by this contract or whether any certificate of insurance furnished to
the City evidences limits of liability lower than those maintained by the Consultant.
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.
13. Indemnification/Hold Harmless
The Consultant will defend, indemnify and hold the City and 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 City.
If a court of competent jurisdiction determines 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.
14. Assignment
Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part,
without the prior written consent of the other party hereto. No assignment or transfer of any
interest under this Agreement shall be deemed to release the assignor from any liability or
obligation under this Agreement, or to cause any such liability or obligation to be reduced to a
secondary liability or obligation.
15. Nondiscrimination
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The Consultant may not discriminate regarding any services or activities to which this Agreement
may apply directly or through contractual, hiring, or other arrangements on the grounds of race,
color, creed, religion, national origin, sex, age, or where there is the presence of any sensory,
mental or physical handicap.
16. Amendment,Modification or Waiver
No amendment, modification, or waiver of any condition, provision, or term of this Agreement
shall be valid or of any effect unless made in writing, signed by the party or parties to be bound,
or such party's or parties' duly authorized representative(s) and specifying with particularity the
nature and extent of such amendment, modification, or waiver. Any waiver by any party of any
default of the other party shall not affect or impair any right arising from any subsequent default.
17. Non-Availability of Funds
Every obligation of the City under this Agreement is conditioned upon the availability of funds
appropriated or allocated for the performance of that obligation. If funds are not allocated and
available for the continuance of this Agreement,then this Agreement may be terminated by either
party at the end of the period for which funds are available. No liability will accrue to either party
if this provision is exercised, and the City will not be obligated or liable for any future payments
or damages as a result of termination under this Section.
18. Termination for Cause
Either party may terminate this Agreement at any time while the Agreement is in effect upon thirty
(30)days' prior written notice to the other party,if such other party breaches any material term or
condition of this Agreement and fails to cure such breach within the thirty(30)day cure period.In
the event of termination, the City shall only be obligated to pay Consultant for services actually
rendered up to the date of termination.
19. Termination for Convenience
Notwithstanding anything in this Agreement to the contrary, this Agreement may be terminated
by either party for convenience by delivery of a Notice of Termination with the effective date. In
the event of termination pursuant to this Section 19, the City shall only be obligated to pay
Consultant for services actually rendered up to the date of termination.
20. Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided for herein shall
inure to and bind,the parties hereto and their respective successors and assigns, provided that this
section shall not be deemed to permit any transfer or assignment otherwise prohibited by this
Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create
a contractual relationship with or exist for the benefit of any third party,including contractors,sub-
contractors and their sureties.
21. Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights, responsibilities or
obligations under this Agreement,the prevailing parties shall be entitled to receive its reasonable
costs and attorney's fees.
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22. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and interpreted in
accordance with the laws of the State of Washington and venue for any action hereunder shall be
in King County, Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial completion by the
Consultant of the services.
23. Captions. Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for
convenience of reference only and shall not constitute a part of this Agreement or act as a limitation
of the scope of the particular paragraph or sections to which they apply. As used herein, where
appropriate,the singular shall include the plural and vice versa and masculine,feminine and neuter
expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this Agreement having
been drafted by mutual agreement of the parties.
24. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of this Agreement.
25. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect to the transactions
contemplated hereby and supersedes all prior agreements and understandings between the parties
with respect to such subject matter.
//
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26. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be one and the
same Agreement and shall become effective when one or more counterparts have been signed by
each of the parties and delivered to the other party.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed effective
the day and year first set forth above.
CITY OF AUBURN MCGRATH CONSULTING GROUP
- .:^ ,"
ancy Ba. ., Mayor Signature
Name: Tim McGrath.Ph.D.
t ,
Title: CEO
Federal Tax ID No: 01-0774070
Approved as to form:
...,sztit„. P 0,,,A ,
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to�(L e Gross, City Attorney
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Exhibit A
Scope of Services
McGrath Consulting Group will provide the following services:
Working with the City Administration, Police Command Staff and other stakeholders, McGrath
Consulting Group will conduct a management assessment to identify strengths and challenges
of the Police Department. Specifically, an assessment of the turnover of your law enforcement
officers and provide recommendations and identified steps to take to mitigate the issue(s).
Our work for your organization will include:
✓ Reviewing and analyzing documents such as departmental procedures, policies, general
orders and training provided.
✓ Obtaining information to compare departmental procedures, policies and general
orders to actual practice within the department.
✓ Obtaining data to assist with turnover calculations to compare with local, regional and
average rates.
✓ Obtaining former employee as well as current employee's perceptions regarding worker
engagement and reasons for turnover.
✓ Analyze and assess all information derived through this process and make
recommendctions to address turnover.
✓ Preparing and present a report of findings along with strategies for implementation of
any recommended changes.
The steps of the project will include:
✓ Project initiation
o Project orientation and planning
o Administration interviews
o Data gathering
■ The McGrath Project Manager will begin the project by conferring with
the Project Manager for the City of Auburn and other persons you
designate. We will review the planned timeline and deliverables and
confirm expectations from all partners. A clearly defined game plan will
result in a successful solution for your organization.
✓ Data gathering and analysis
o Tours and observations
o Stakeholder interviews
• These strategies may include group and individual interviews,tours, work
observations, etc. to gather the most comprehensive information. In-
depth, individual interviews with all Police Department employees, both
sworn and civilian. Individual interviews with other Law Enforcement
stakeholders such as volunteers, chaplains, etc.
o Data analysis
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• A list of information and documents needed will be requested at the first
site visit. Based on our initial meeting with your team and the documents
gathered, our team of consultants will begin the assessment.
✓ Report and Presentation
o During the final phase of the project, the draft report will be developed.This report
will provide an overview of identified issues and make recommendations for
changes.The consultants will help prioritize the recommendations and lay out an
implementation plan to meet the City's needs.
o Consulting team members will confer via conference call, Skype, or other means
with the City Project Manager and other identified officials to review and address
questions and concerns from the report. After appropriate modifications are made,
the final report will be provided to City officials. McGrath consultants are available
to confer with any stakeholders to address questions again via conference call,
Skype, etc.
V Document Review and Data Analysis
o The document review will include department policies, procedures, general orders
and training records as they relate to retention and turnover.
V City of Auburn Staff Time
o Since we work closely with our clients, support on this project is critical but not
intrusive. Initially, a list of items required for analysis or understanding is submitted
to a designated person. Further, assistance is requested in setting up Interviews with
individuals within the department and City, and/or providing contact information.
Additionally, support is needed to answer questions or address
questions/concerns/issues of the consulting team.These are usually completed
through telephone or email conversations.
V Firm Capacity and Timeline
o The consultants can begin the project immediately upon contract execution. We
would anticipate the draft report to be completed within 30 days thereafter. Factors
that can impact the timeline include City administration and employee availability
for meetings and interview as well as timely receipt of requested data.
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Project Management and Team
Ron Moser - Project Manager
Consulting Team Members:
Pat Perez
Cecil Smith
Mark Beckwith
Mark Gatz
Andy Johnson
Malayna Maes-Halvorson
Jim McLachlan
Human Resource Advisor:
Dr. Victoria McGrath
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Exhibit B
Payment for Work
As compensation for the Consultant's performance of the services provided for in this Agreement,
the City shall pay the Consultant the following: $42,500.
The cost of the assessment will be divided into three payments. The first payment of$10,625 will
be invoiced upon completion of a signed contract; $21,250 upon submission of the draft report;
and$10,625 will be invoiced upon submission of the final analysis report
The Consultant will submit to the City an invoice or statement of time spent on tasks included in
the scope of services within thirty (30) days, and the City upon acceptance of the invoice or
statement will process the invoice or statement in the next billing/claim cycle following receipt of
the invoice or statement, and will remit payment to the Consultant, subject to any conditions or
provisions in this Agreement.
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