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HomeMy WebLinkAboutCabot DowPROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN MASON COUNTY, WASHINGTON AND "Cabot Dow Associates Inc" This Agreement is entered into by and between Mason County, Washington, hereinafter referred to as "the COUNTY," and Cabot Dow Associates, Inc, 2712 94th Ave NE, Clyde Hill, WA 98004 a consultant providing labor relations services, hereinafter referred to as the "CONSULTANT." WHEREAS, the COUNTY is required by Ch. 41.56 RCW to negotiate in good faith with regard to the terms and conditions of successor labor contracts with a bargaining units of COUNTY employees; WHEREAS, the COUNTY is desirous of obtaining the services of a labor consultant to assist in negotiations involving the labor agreement covering its bargaining units; WHEREAS, the CONSULTANT has the knowledge and experience to assist and represent the COUNTY in said negotiations; 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 CONSULTANT. The CONSULTANT 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 CONSULTANT shall at all times comply with all Federal, State, and local statutes, rules and ordinances required of the CONSULTANT in the performance of such services and the handling of any funds used in connection therewith. The CONSULTANT shall request and obtain prior written approval from the COUNTY if the scope or schedule is to be modified in any way. 2. COMPENSATION AND METHOD OF PAYMENT. The COUNTY shall pay the CONSULTANT for negotiation services at the rate of one -hundred eighty-five dollars ($185.00) per hour not to exceed $30,000 for work performed on behalf of the COUNTY negotiating union contracts on issues open for negotiations. The COUNTY shall pay the CONSULTANT for a salary comparison study of all non -represented staff (approx. 75 classifications) at the rate of one -hundred seventy-five dollars ($175.00) not to exceed $20,000 for work performed on behalf of the COUNTY. The CONSULTANT will bill the COUNTY for time spent when traveling from Clyde Hill to Mason but not for time returning to Clyde Hill. The maximum cost under this Agreement shalt not exceed $50,000, unless expressly authorized by the COUNTY. The COUNTY agrees to pay the CONSULTANT monthly upon appropriate billings, which will be itemized as to date services are performed and description of services provided. • 1 3. DURATION OF AGREEMENT. This Agreement shall effect for aperiod of g be in full force and one year commencing upon mutual execution of this Agreement, unless sooner terminated under theprovisions hereinafter• i g meet, specified. 4. INDEPENDENT CONSULTANT. CONSULTANT and COUNTY agree that CONSULTANT is an independent CONSULTANT with respect to the services pursuant to this Agreement. Nothingin this provided Agreement shall be considered to create the relationship of employer and employee between I t �e parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shallentitled be entitled to any benefits accorded COUNTY employees by virtue of the services provided The COUNTY s p ed under this Agreement.hall not be responsible for withholding or otherwise g deducting federal income tax or social sec urity or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employerwith respect to the CONSULTANT, or employee of the CONSULTANT. any 5. INDEMNIFICATION/HOLD HARMLESS. CONSULT ANT shall protect, indemnify, and save harmless the COUNTY, its officers, elected' from officials, agents, and employees any and all costs, claims, judgments, or awards of damages costs and all attorneyfees g s ), arising out of or in any way resulting from the negligent errors, or omissions of CONSULTANT,g acts, its officers, employees, and agents in performing this Agreement. In the event of liabilityfor arising g p rming damages arising out of bodily injuryto persons or damages to property caused byor resulting g from the concurrent negligence of the CONSULTANT and the COUNTY, its officers, officials employees, to � p Yes, and volunteers, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT's negligence. Theprovisions of this LTANT s section shall survive the expiration or termination this Agreement. on o f 6. INSURANCE. The CONSULTANT shallprocure and ' duration of the Agreement, maintain for the g ment, insurance against legitimate claims for injuries to e damage to property which mayarise frompersons or or in connection with the performance of the work hereunder by the CONSULTANT, their agents, representatives, p s, employees or sub - consultants. CONSULT ANT's maintenance of insurance, its scope of coverage ' as required herein shall not be construedg and limits to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the COUNTY's recourse applicable remedy available at law or in equity. to any A. Minimum 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 bodilyinjury jur y and mbiproperty damage of per accident for all activities of the CONSULTANT arisingout of or in connection' Work to be E1 with performed under this Agreement. Automobile liabilityinsurance shall coverall owned, non -owned nce , hired and leased vehicles. Coverage shall be written on Insurance Services Office g . (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If polio shall he endorsed liability g necessary, the Yto provide contractual liability coverage, (C/I 2 %,/ 2. Commercial General Liability insurance with limits than $1 000 000 each occurrence,no less $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent p , d pendent CONS U LTAN Ts, products -completed operations, stopgapliability, personal injury Y and advertising injury, and liability assumed under an insured contract. The Commercial General Liabilityinsurance endorsed to provide shall be the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General LiabilityInsurance for liability ilitY arising from explosion, collapse or underground damage. mage. The COUNTY sha ll be named as an insured under the CONSULTANT's Ts Commercial General Liability insurance policy with respect to performed forp the work the COUNTY using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or P emer�t r substitute endorsements providing equivalent coverage. 3. Professional liability insurance appropriate for CONSULTAN T's s scope of work. (Waived) B Other Insurance Provision. The CONSULTANT's Automobile mobile Liability and Commercial General Liability insurance policies are to contain, ntain, or be endorsed to contain that they shall be primary insurance with respect to the COUNTY. Any insurance, self-insurance, or insurancepool coverage ma' bythe COUNTY shallmaintained be excess of the CONSULTANT's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not Tess than A: VII. (COUNTY accepts Insurance and I liscox)p Farmers D. Verification of Coverage. CONSULTANT shall furnish the CO UNTY with a copy of original certificates and a copy of the amendatory endorsements, inclu ding but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTAN T before commencement of the work. E. Notice of Cancellation. The CONSULTANT shall provide COUNTY and all Additional Insureds for the for this work 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 ma intain the insurance as required shall constitute a material breach of contract, upon which the COUNTY may, after givingfive businessdays' notice to the CONSULTANT to correct the breach, immediate) termin ate Hate the contract or, at its discretion, procure or renew such insurance and pay y any and all 3 premiums in connection therewith, with any sums so expended to be repaid to the COUNTY on demand, or at the sole discretion of the COUNTY, offset against funds due the CONSULTANT from the COUNTYg COUNTY. G. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against COUNTY, its elected or g gappointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance - p iance with these to waive their right of recovery prior to a Toss. CONSULTANT hereby waives its own right of recovery require similar written against COUNTY, and shall rrtten express waivers and insurance clauses from each of its subcontractors. 7. RECORD KEEPING. A. The CONSULTANT 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 necessarybythe COUNTYs to ensure the performance of this Agreement. B. These records shall be returned to the COUNTY once the 1 ro•ect is completed. p 8. 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. 9. TERMINATION. This Agreement may be terminated by either art upon thirty (30) days written notice. party p 10. 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 disabilityin the selection and retention of employees or procurement of materials or supplies. 11. ASSIGNMENT AND SUBCONTRACT. The CONSULTANT shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the COUNTY. 12. ENTIRE AGREEMENT; MODIFICATION. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the COUNTY and the CONSULTANT and supersedes all prior negotiations, representations, p , 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. 4 .i i 13. SEVERABILITY AND SURVIVAL. If any term, condition or provision o p f this Agreement is declared void or unenforceable or limited in its application or effe ct, ect, such event shall not affect any other provisions hereof and all otherprovisions shall . remain fully enforceable. The provisions of this Agreement, which bytheir sense and . context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 14. NOTICES. Notices to the COUNTY of Mason shall be sent to the follow ing address: County Administrator, County of Mason 411 N 5th Street Shelton, WA 98584 Notices to the CONSULTANT shall be sent to the address provided upon line P d by the CONSULTANT p n the signature below. 15. APPLICABLE LAW; VENUE; ATTORNEY'S FEES. This Agreement hegoverned byand construedg nt shall in accordance with the laws of the State of Washington. proceeding In the event any suit, arbitration, or other9 p ding is instituted to enforce any terra of this Agreement, the parties specifically understand and agree that venue shall be properly laid in Pierce County, Washington Each party shall be responsible for its own attorneys' P fees and bear the cost of presenting its own case. DATED this 2•‘ day of COUNTY OF MASON ark Nry. Coujity Administrator Dat APPROVED AS TO FORK: rn • McKenzie Smi Cler of Board CONSULANT. Cabot Dove Date: -- Cabot Dow Associates, Inc 2 712 94th Ave NE Clyde Hill, WA 98004 lrn Whitehead; Chief Deputy Prosecuting Attorney 5 , 2022 Exhibit A-1 Scope of work Labor Relations Consultant Under the direction of authorized COUNTY OF MASON a e("COUNTY") agents: 1. Consultant will review and suggest appropriate labor contract language, operational in light of COUNTY o p l needs, Council Labor Policy, area trends and applicable law. pp 2 Advise COUNTY on labor policy, ground rules and parameters for labor negotiations 3. Represent COUNTY as Chief Negotiator in labor negotiations with representatives of unions and guilds representing certain COUNTY employees 4. Participation as member of COUNTY'S negotiations team, may include: a. Meet with elected officials, department heads and management (as required) and County Administrator in labor policy formulation b. Evaluation of Union economic proposals, including costingproposals p p and counterproposals, using COUNTY finance information c. Perform total compensation market assessments with selected jurisdictions to promote recruitment/retention of quality employees d. Packaging proposals and counterproposals for submission to the Union e. Draft individual language proposals and responses to Union proposals f. Work with COUNTY representedp p council as may be necessary on related matters g. Meet with and update the Board of County Commissioners on the status of negotiations as needed 5. Represent COUNTY in mediation proceedings, including related of preparations exhibits, position papers and rebuttal to Union positions and ro osals at issue p 6. Assess bargaining unit clarification issues and representation to PERC, as needed 7. Other labor relations assignments as may be deemed appropriate by the COUNTY Administrator or his/her designee(s) during the course of bargaining. 6 Exhibit A-2 Scope of Work Non -Represented Position Compensation Study At the direction of the COUNTY, by and through its representatives, staff will oversee and direct the work of CABO T DOW of Cabot Dow Associates, in performing the followingthe pstudy salary and compensation work: 1. Cabot Dow Associates will provide a comprehensive compensation p study of the COUNTY's compensation and classification structure for its non -represented employees, p 2 The study will include comparisons of non -represented positions with a selected set of other comparable counties in Western Washington. 3. The study will include total cost of compensation comparisons fo r or like job classifications as assigned by the Client, taking into consideration the ' job duties and cost comparisons of wages, hours and benefits for such classification s. The scope of the compensation study will be recommended bythe Consultant nt and determined by the County as to what components of compensation p n will be compared in addition to base salaries and added pay for years of service with the County. 4. Cabot Dow Associates will make recommendations for how the Client ca n adjust and improve its current compensation structure to meet its stated goats of providing a fair and equitable compensation system that is both marke t and performance -based and responsive to the needs of the Client and to the surrounding market. S cope of Work Item 1. Review Current Position Descriptions for N on -Represented Staff and other background information Tasks (not exclusive) • Review current job descriptions, personnel policies, compensation policies and philosophy, etc. 2 Collect Market Data 7 • Gather data from selected comparable counties • Select benchmarked positions • Select comparable agencies based on defined criteria • Collect current salary and benefits data. Create a document comparing Agency's benchmark salaries and total compensation items, such as Scope of Work Item 4. Analysis and Recommendations 5. Final Report Miscellaneous • 8 Tasks (not exclusive) health insurance, paid leave, and retirement benefits. 0 Included total compensation items to be determined by Consultant and County. O Review collected information from market data o Perform total compensation analysis of benchmarked positions with s►milar positions in comparable agencies, including hourly total compensation analysis o Apply findings to Agency's current job functions, classifications, step/pay progression, etc. o Evaluate findings as they relate to Agency's goals for its compensation system • Create a detailed Market Data Report including results of data collection analysis, and recommendations • Presentation to elected officials, follow-up, meetings, etc. as requested • Exhibit A-2 Class/Compensation Study .. 2422 The scope of the 2022 Compensation Study is to perform a total fat compensation analysis of all Mason County non -represented positions listed below. The conducted a studyfor County had not over 25 years and is interested in its standingin terms o salaries and f total compensaton(i.e. selected benefits such as retirement' health benefits)amongst contributions and a selected sample of counties in Washington St ate. fate. The County will use the "Statutory" comparable counties as used for interest arbitration for compensation comparisons based on proximityand resident ' population: County Cowlitz Island Lewis Clallam Grays Harbor Jefferson Skagit Average Mason 2019 Pop 107,310 83,860 78,380 75.130 73,610 31, 590 129,200 82,726 64,820 2020 Census Pop 111,730 86,857 82,149 77,155 75,636 32,977 129,523 85,147 65,726 Similar project descriptions are available for more details. 9 4 NON-IREPRESEiVTIED CLASSIFICATIONS CLASSIFICATION TITLE JOB CLASS Community Services Director Public Works & Utilities Director Undersheriff Human Resources Director Deputy Director Public Works/Utilities & Waste Mgmt County Engineer Chief Public Defender Chief Criminal Deputy Chief Jail Chief Superior Court Administrator Jail Lieutenant Chief District Court Administrator Engineering and Construction Manager Central Services Manager Community Development Administrator Chief Finance Officer Budget & Finance Manager DEM/IT/Parks & Trails Manager Water & Wastewater Manager Chief Civil Deputy County Surveyor Facilities Manager District Court Administrator Juvenile Court Services Deputy Administrator Road Operations & Maintenance Manager Engineer III Personal Health Manager Environmental Health Manager Project Support Services Manager 10 1015 4005 3000 2900 4010 4008 1160 3002 3003 4650 3005 1180 4030 1153 2095 2000 1155 2059 4015 3001 4058 2058 1180 1052 4021 4033 2171 2169 4201 40/i �I PL1bIIC Works Finance Manager Engineering & Construction Assistant Manager Equipment Maintenance Supervisor Finance Manager Road Operations & Maintenance Supervisor Chief Deputy Treasurer Chief Deputy Assessor Administrative Manager Chief Deputy Clerk Juvenile Detention Manager Engineer II Elections Superintendent Engineer Program Manager I Therapeutic Court Program Manager Public Works Office Administrator Financial Analyst Risk & Safety Compliance Manager Personnel Analyst Noxious Weed Coordinator Personnel & Risk Analyst Office Manager Official Court Recorder/Judicial Assistant Official Court Recorder/Family Law Facilitator Clerk of the Board/Records Specialist Administrative Clerk Administrative Assistant Administrative Secretary Senior Deputy Coroner Receptionist/Secretary Therapeutic Courts Caseworker Central Shop Assistant 11 2011 4029 4080 2010 4022 1139 1099 2149 1108 3800 4032 1080 4031 2200 2199 2045 1158 1057 1152 2226 4230 2040 1193 1192 1056 1055 1040 1046 3071 2041 1185 4099