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HomeMy WebLinkAbout4560 Resolution - GMP Consulting for Interim City Manager ServicesResolution – Personal Services Agreement Interim City Manager - 1 RESOLUTION NO. 4560 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING THE PERSONAL SERVICES AGREEMENT FOR THE POSITION OF INTERIM CITY MANAGER. WHEREAS, the City of Pasco is a non-charter, optional municipal code city organized under the council-manager form of government; and WHEREAS, the City will be recruiting a new City Manager, and the recruitment may take several months; and WHEREAS, pending the appointment of the new City Manager, the City Council desires to appoint an Interim City Manager as of January 31, 2025; and WHEREAS, the City desires to contract with GMP Consultants to serve as Interim City Manager, and GMP Consultants desires to accept the position as the Interim City Manager for the City of Pasco. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Mayor of the City of Pasco is authorized to sign and execute the Personal Services Agreement Between the City of Pasco and GMP Consultants for the position of Interim City Manager as of January 31, 2025, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and to take all necessary steps required to accomplish this transaction, and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 27th day of January, 2025. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys ____________________________________________________ 206 714 9499 • 7041 Cascade Ave SE Snoqualmie, WA 98065 • greg@gmphr.com January 24, 2025 Mr. Pete Serrano City of Pasco 525 N 3rd Ave Pasco, WA 99301 Dear Mayor Serrano, Thank you for the opportunity to provide an Interim City Manager for the City of Pasco. Below is GMP Consultants (“GMP”) agreement for providing consulting services. Term. The term of this Agreement is ongoing, provided the City may terminate this agreement at any time. GMP Interim City Manager. GMP shall assign a GMP Company employee, to serve in an independent contractor role as an Interim City Manager to the City. The Interim City Manager shall perform work as assigned by the City. The City shall have the right to direct GMP to replace the Interim City Manager at any time. For the purposes of coordination and performance the Interim City Manager shall report to the City Council. Employer Duties of the GMP Company. GMP shall provide a GMP employee qualified to act as the Interim City Manager during the term of the contract. GMP represents that the Interim City Manager has the requisite skills and talents to perform the duties as assigned. GMP shall (1) pay all wages and other remuneration to its employee who is provided as the Interim City Manager under this Agreement, (2) prepare and file all payroll tax returns and reports, (3) pay all amounts due and owing pursuant to the payroll tax returns and reports (4) prepare, file, and furnish to the employee applicable GMP employee tax forms, and (5) prepare and file, with a copy to City, applicable employer tax forms. Duties of City. When applicable, the City shall provide a work place for the Interim City Manager, maintain the work place in accordance with applicable health and working standards, notify the GMP immediately of all employee injuries and provide reimbursement to the Interim City Manager for costs incurred as a result of performing City business such as mileage, travel expenses and other similar costs at the normal City rates and in accordance with City's cost reimbursement policies applicable to City employees. The Interim City Manager shall be reimbursed for work-related travel expenses at the IRS mileage rate. P a g e | 2 Fees & Expenses. The hourly rate for the Interim City Manager assigned under this Agreement is $175.00 for each hour worked by the Interim City Manager. The City agrees to provide the occasional overnight accommodations and mileage reimbursement at the IRS rate from the Interim City Managers residence to the City and for the use of his vehicle for City business. GMP will submit invoices to the City every two weeks, and payment is due within thirty (30) days of receipt. The City is also responsible for any client-required licenses, fees or taxes. Finder's Fee. If City chooses to hire the Interim City Manager as a regular City employee, City agrees to pay the GMP Company the percentage of the starting annual salary based upon the length of the assignment with City as represented below: 0 to 12 months - 15% 13 to 18 months - 10% Indemnification. GMP shall indemnify, defend, and hold harmless City from any and all claims arising out of or related to required payroll deductions and withholdings, legally required workers’ compensation insurance, and other employee benefits. Specifically, and without limitation, GMP shall indemnify, defend and hold City harmless from and against any claim by the Interim City Manager (or other GMP employee) for Agency vacation, sick leave, health, retirement or other Agency benefits resulting from Interim City Manager’s performance of work under this Agreement. City releases and agrees to indemnify, defend, and hold harmless GMP, the employees of GMP, and personnel, directors, and officers of GMP from any and claims arising out of or related to the Work performed by the Interim City Manager (or other GMP employee) within the scope of this Agreement. GMP releases and agrees to indemnify, defend, and hold harmless City, its officers, employees and Interim City Managers, from any and claims arising out of or related to the acts or omissions of the Interim City Manager or other GMP employee that are outside of or unrelated to the work under this Agreement. If City is notified or becomes aware of any alleged improper or illegal activities by the GMP employee, City shall notify GMP immediately. This indemnification provision shall not preclude a claim by or coverage for the City under a Professional Errors and Omissions Insurance Policy. Insurance. GMP shall comply with the following conditions and procure and keep in force at all times during the term of this Agreement, at GMP’s expense, the following policies of insurance with companies authorized to do business in the State of Washington. 1. Commercial General Liability Insurance on an occurrence basis in an amount not less than $2,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. 2. Professional Errors and Omissions Insurance in an amount not less than $1,000,000 per occurrence and $1,000,000 in the annual aggregate. Independent Contractor. GMP is an independent c ontractor responsible for complying with all obligations of an employer imposed under federal or state law. Personnel employed by GMP, including the Interim City Manager, shall not acquire any rights, benefits or status regarding the City. P a g e | 3 Accepted by: City of Pasco GMP Consultants ___________________ ____________________01/23/25 Pete Serrano date Greg Prothman date Mayor President At the Direction of the City of Pasco City Council