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HomeMy WebLinkAboutBraun Consulting - 010614CONTRACT FOR PROFESSIONAL SERVICES This Contract for Professional Services (the Contract) is entered into by Jefferson County, a political subdivision and municipal corporation of the State of Washington, having its principal offices at 1820 Jefferson Street; P.O. Box 1220; Port Townsend, WA 98368 (hereinafter "County") and Braun Consulting Group; 1326 Fifth Avenue; Seattle, WA 98101 (hereinafter "Contractor") to provide professional services in labor relations and human resources. SECTION 1. EFFECTIVE DATE OF CONTRACT The Contract shall be effective on January 1, 2014 and terminate on December 31, 2018. Any extension of services beyond December 31, 2018 shall require a new contract that is approved and executed in writing by both parties. SECTION 2. SERVICES TO BE PROVIDED 2.1 In full and fair exchange of the consideration provided herein, Contractor agrees to provide County the following services in collaboration with County management: a. Act as the County's designated labor relations representative in labor negotiations relating to bargaining units, including development of labor strategy and negotiation of collective bargaining agreements; b. Provide County management advice in the administration of collective bargaining agreements, labor law and employment law, including assisting in the resolution of potential and actual grievances and/or labor or employment law claims, and arbitration of grievances; c. Assistance in evaluating and executing strategies for providing employee benefits; d. Serve as an expert resource to County management on human resource, employment and labor matters; e. Personnel Investigations: as requested by County management, perform personnel investigations and prepare findings of fact and law; f. Contractor may provide "special project" support or work products that involve substantial extra work, as jointly agreed and that have prior written authorization by the County, including the County setting an upper limit on cost. 2.2 The Contractor agrees to provide its own labor and materials. 2.3 The Contractor will perform the work specified in the Contract according to standard industry practices and in conformity with state and federal law. 2.4 The Contractor will complete its work in a timely manner and in accordance with schedules as may be agreed to by the parties. 1 of 9 SECTION 3. CONTRACT REPRESENTATIVES 3.1 The County and the Contractor will each have a contract representative. A party may change its representative upon providing written notice to the other parry. The parties' representatives are as follows: County's Contract Supervisor Erin Lundgren, HR Manager, Jefferson County Administrator's Office P.O. Box 1220; Port Townsend, WA 98368 Phone: (360) 385-9100 Email: elunduen@co.jefferson.wa.us Contractor's Contract Representative Bob Braun Braun Consulting Group 1326 Fifth Avenue Seattle, WA 98101 Phone: (206) 623-5155 Email: B.Braun e,BraunConsulting com SECTION 4. COMPENSATION 4.1 The compensation for routine services (Paragraphs 2.1a. -e.) shall be $24,000 (twenty four thousand dollars) per year, billed at a monthly retainer of $2,000 (two thousand dollars) per month. For special projects (Paragraph 2.1f.) performed with prior County authorization, Contractor may charge by task or at an hourly rate of not more than $225.00 per hour, with the cost for the special project not to exceed the amount previously agreed to pursuant to Paragraph 2.1f. The total annual compensation for all services under this contract, including both routine services and special projects combined, shall not exceed $30,000 per year, except by prior written amendment to this Contract, duly executed by both parties. 4.2 The Contractor may submit an invoice to the County Administrator once a month for payment of work completed to date. Subject to the other provisions of the Contract, then County generally will pay such an invoice within 30 days of receiving it. 4.3 If the Contractor fails to perform any substantial obligation and the failure has not been cured within 10 business days following notice from the County, the County may, in its sole discretion and upon written notice to the Contractor, withhold all monies due the Contractor, without penalty, until such failure to perform is cured. SECTION 5. AMENDMENTS 5.1 This Contract may be amended only by mutual written agreement which has been duly executed by both parties. 2 of 9 SECTION 6. HOLD HARMLESS AND INDEMNIFICATION 6.1 The Contractor will, to the extent of Section 7. Insurance coverage, hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the Contractor's acts or omissions arising outside of his good -faith performance of authorized, lawful County business pursuant to this Contract. SECTION 7. INSURANCE 7.1 Workers' Compensation. If required by Title 51, Revised Code of Washington, the Contractor will maintain workers' compensation insurance and will provide evidence of such coverage to the Jefferson County Risk Management Division. 7.2 Commercial General Liability. The Contractor will maintain commercial general liability for bodily injury, personal injury and property damage, subject to a limit of not less than $1 million per occurrence. The general aggregate limit will apply separately to the Contract and be no less than $2 million. The Contractor will provide commercial general liability coverage that does not exclude any activity to be performed in fulfillment of the Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage. 7.3 Automobile Liability. The Contractor will maintain automobile liability insurance or equivalent form with a limit of not less than $1,000,000 each accident combined bodily injury and property damage. The aggregate limit will be at least $1,000,000. If the Contractor will use non -owned vehicles in performance of the Contract, the coverage will include owned, hired, and non -owned automobiles. 7.4 Miscellaneous Insurance Provisions. A. The Contractor's liability insurance provisions will be primary with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees and agents. Any third -party liability coverage provided to the County by its participation or membership in a joint self-insurance "Risk Pool" pursuant to Ch. 48.62 RCW shall be non-contributory. B. The Contractor's commercial general liability insurance and automobile liability insurance will include the County, its officers, officials, employees and agents as an additional insured. Contractor will supply complete copies of any endorsements listed on any record or certificate indicating the County is an additional insured. 3 of 9 C. When such coverage is required, the Contractor's commercial general liability insurance and automobile liability insurance will contain no specific limitations on the scope of protection afforded to the County as an additional insured. D. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the County, its officers, officials, employees and agents. E. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, subject to the limits of the insurer's liability. F. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor or its subcontractors. G. The Contractor will maintain all required policies in force from the time services commence until services are completed. Certificates, policies and endorsements scheduled to expire before completion of services will be renewed before expiration. If the Contractor's liability coverage is written as a claims -made policy, then the Contractor must evidence the purchase of an extended -reporting period or "tail" coverage for a three-year period after completion of the services. 7.5 Verification of Coverage and Acceptability of Insurers. A. The Contractor will place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A - VII, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or reinsurers licensed in the State of Washington. B. The Contractor will furnish the County with properly executed certificates of insurance and all signed related policy endorsements which will clearly evidence all insurance required in this Section within 10 days after the effective date of the Contract. Certificates of insurance will show the certificate holder as Jefferson County and indicate "care of the appropriate County's contract representative The certificate(s) will, at a minimum, list limits of liability and coverage. The certificate(s) will provide that the underlying insurance contract may not be canceled, or allowed to expire, except on 30 -days' prior written notice to the County. Any certificate or endorsement limiting or negating the insurer's obligation to notify the County of cancellation or changes must be amended so as not to negate the intent of this provision. 4of9 C. The Contractor will furnish the County with evidence that the additional -insured provision required above has been met. D. Failure to comply with the insurance provisions of this Contract will allow the County to suspend payments to the Contractor at the County's sole discretion. E. If applicable, the Contractor will request that the Washington State Department of Labor and Industries, Workers Compensation Representative, send written verification to Jefferson County that the Contractor is currently paying workers' compensation. F. Written notice of cancellation or change will following address: Jefferson County Administrator's Office ATTN: Risk Management Division P.O. Box 1220 Port Townsend, WA 98368 SECTION 8. TERMINATION be made to the County at the 8.1 The County may terminate the Contract in whole or in part at its sole discretion. The County may terminate the Contract upon giving the Contractor 10 business days' written notice. In that event, the County will pay the Contractor for all authorized costs incurred by the Contractor in performing the Contract up to the date of such notice, subject to the other provisions of the Contract. 8.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the County may immediately terminate the Contract notwithstanding any other termination provision in the Contract. Termination under this provision will be effective upon the date specified in the written notice of termination sent by County to the Contractor. No costs incurred after the effective date of the termination will be paid. 8.3 If the Contractor breaches any of its obligations under the Contract, and fails to cure the breach within 10 business days of written notice to do so by the County, the County may terminate the Contract. In that event, the County will pay the Contractor only for the costs of services accepted by the County. Upon such termination, the County, at its discretion, may obtain performance of the work elsewhere, and the Contractor will bear all costs and expenses incurred by the County in completing the work and all damages sustained by the County by reason of the Contractor's breach. 5 of 9 SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING 9.1 The Contractor will perform under the Contract using only its bona fide employees or agents, and the obligations and duties of the Contractor under the Contract will not be assigned, delegated or subcontracted to any other person or firm without the prior express written consent of the County. 9.2 The Contractor warrants that it has not paid, nor has it agreed to pay, any company, person, partnership or firm, other than a bona fide employee working exclusively for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of the Contract. SECTION 10. INDEPENDENT CONTRACTOR 10.1 The Contractor's services will be furnished by the Contractor as an independent contractor and not as an agent, an employee or a servant of the County. The Contractor specifically has the right to direct and control Contractor's own activities in providing the agreed services in accordance with the specifications set out in the Contract. The Contractor shall perform the contracted work. Any designee shall have prior County approval to substitute for the contracted representative. 10.2 The Contractor acknowledges that the entire compensation for the Contract is set forth in the compensation provisions of the Contract and the Contractor is not entitled to any County benefits, including, but not limited to: vacation pay; holiday pay; sick leave pay; medical, dental or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. 10.3 The Contractor will have and maintain complete responsibility and control over all of its subcontractors, employees, agents and representatives. No subcontractor, employee, agent or representative of the Contractor will be or be deemed to be, or act or purport to act, as an employee, agent or representative of the County. SECTION ll. NONDISCRIMINATION 11.1 The Contractor, its assignees, delegates or subcontractors will not discriminate against any person in performance of any of its obligations under the Contract on the basis of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification. 6 of 9 SECTION 12. OWNERSHIP OF MATERIALSIWORKS PRODUCED 12.1 All reports, drawings, plans, specifications, all forms of electronic media, and data and documents produced in the performance of the work under the Contract will be "works for hire" as defined by the U.S. Copyright Act of 1976 and will be owned by the Contractor. Ownership includes the right to copyright, patent, and register, and the ability to transfer these rights. SECTION 13. DISPUTES 13.1 Differences, disputes and disagreements between the Contractor and the County arising under or out of the Contract will be brought to the attention of the County at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance or compensation due the Contractor will be decided by the County Administrator. All rulings, orders, instructions and decisions of the County Administrator will be final and conclusive. SECTION 14. CONFIDENTIALITY 14.1 The Contractor, its employees, subcontractors and their employees will maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of the Contract, except upon the prior express written consent of the County or upon an order entered by a court of competent jurisdiction. The Contractor will promptly give the County Administrator written notice of any judicial proceeding seeking disclosure of such information, as well as any contacts by citizens, proponents or interested parties as to matters before the contractor. 14.2 The County is a political subdivision of the State of Washington and as such is subject to Ch. 42.56 RCW, the Public Records Act, which requires disclosure of non-exempt documents and records to a person or entity that requests such documents or records. SECTION 15. CHOICE OF LAW, JURISDICTION AND VENUE 15.1 The Contract will be construed as having been made and delivered within the State of Washington, and it is agreed by each party that the Contract will be governed by the laws of the State of Washington, both as to its interpretation and performance. 15.2 Any action of law, suit in equity or other judicial proceeding arising under or out of the Contract may be instituted and maintained only in Superior Court for Jefferson County. SECTION 16. MISCELLANEOUS 16.1 No Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of any provisions of the Contract, does not constitute a waiver of such provision or future performance, or prejudice the right of the waiving party to enforce any of the provisions of the Contract at a later time. 7 of 9 16.2 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts including, but not limited to, the employer's portion of any taxes that arise from compensation owed or paid to employees, agents or representatives of the Contractor or are otherwise mandated by Title 26 U.S.C. 16.3 Personnel Removal. The Contractor agrees to remove immediately any of its subcontractors, employees, agents or representatives from assignment to perform services under the Contract upon receipt of a written request to do so from the County Administrator. 16.4 Legal Compliance. The Contractor and its subcontractors, employees, agents and representatives will comply with all applicable federal, state and local laws, rules and regulations in their performance under the Contract. The Contractor shall be entitled to seek legal advice from the Jefferson County Prosecuting Attorney or his or her designee to the extent that the Prosecuting Attorney or his or her designee can provide such legal advice in a manner consistent with the applicable rules governing a lawyer's conduct. 16.5 Records Inspection and Retention. The County may, at reasonable times, inspect the books and records of the Contractor relating to the performance of the Contract. The Contractor will retain for audit purposes all Contract -related records for at least six years after termination of the Contract. 16.6 Successors and Assigns. The County, to the extent permitted by law, and the Contractor each bind themselves, their partners, successors, executors, administrators and assigns to the other party to the Contract and to the partners, successors, administrators and assigns of such other party in respect to all covenants to the Contract. 16.7 Severability. If a court of competent jurisdiction holds any provision of the Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If any provision of the Contract conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 16.8 Entire Agreement. The parties acknowledge that the Contract is the complete expression of their agreement regarding the subject matter of the contract. Any oral or written representations or understandings not incorporated in the Contract are specifically excluded. 8 of 9 16.9 Notices. Any notices will be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the contract representatives provision of the Contract. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. IN WITNESS WHEREOF, the parties have caused this Contract to be executed this &L-0- day of January, 2014. Attest: Carolyn A ery j Deputy Clerk of the Board Approved as to Form: ) 2-�19,1 aJ QL r1— David Alvarez Deputy Prosecuting Attorney JEFFERSON COUNTY BOARD OF COMMISSIONERS Jo Austin, Chair Date BRAUN.CONSULTING GROUP Bob Braun, Principal 9 of 9 l A �PV ctw3:1cExs xfq-olm EitiPLOVEE RELATIONS SERVICES, INC. 10532 NE (k'irh Street! suite 2000 1Cirklun4 Washington 9W33 (206) 822-4269 January 16,1989 Robert R. Braun Jr. Rr-# hewn, Chairman Board of Commissioners Jefferson County P.O: Box 1220 Port Townsend, Wa. 98368 Dear Mr, Brown: Thank you for asking us to provide Jefferson County with our experience in the labor and benefitsfield. As we discussed, our fee for services is a monthly fee of 3� per hour per employeepper month for our attention to your day to day affairs as enumerated in our letter of Septemlxr 19, 1988, plus actual out of pocket expenses. You agree to make paymentpromptly upon receipt of our invoice. If after ending our relationship we are Sutap�>en aed to testify, our regular hourly rate will apply. Venue is in King County. There will be no time charge when we need to travel to your Operations, including those outside Ting County. Lute payments are subject to late penalty, interest and attorney fees. Please sign one copy of this letter and return same to us. This letter officially designates E.R.S.I. as your bargaining representative for Labor Relations purposes and' retains our services. Thank you. EMPLOYEE,R1 � 3ONSSER r EESiNC. Robert R B—n Jr RRB/js It is the intent of Jefferson County to retain E.R.S,I, in accordance with the al -,Ove - TITLE: Kim RT R BRAUN JR EMPLOYEE RELATIONS SERVICES INC_ CkARI ES DW&E WCw,EL uEGLEAlaf ' 14532 N F • 68TH ST. fVEArT9rER3 SUITE 412000 RENS[ L BNM1N KIRKL.AND, WASHINGTON 98033 (206) 822-9269 September 19, 1988 B.G. Brown, Chairman Board.of Commissioners Jefferson County P.O. Box 1220 Port Townsend, Wa. 98368 Dear Commissioner Brown, Thank you for the opportunity to present an outline of our capabilities. As promised, we have enclosed a proposal for your consideration. SECTION I MONTHLY FEE: Employee Relations Services, Inc. will base their monthly fee of .03 cents per hour, per employee, on all full-time employees, ex- cluding department heads and permanent part-time employees. The formula used to compute the monthly fee is: 173.3 multiplied by .03, multiplied by 175 employees - $909.00. SECTION II SERVICES: 1. Negotiate all labor agreements and provide the neces- sary word processing support to generate proposals, ex- hibits and the final labor agreement. 2. Represent the Employer in any matter involving the ad- ministration of the labor agreement which would in- clude: a. Unfsir labor practice charges b. State or Federal Mediation c. Grievance arbitration: d. lnterest arbitration e. EECC and WaEhington state H.Inan Rights hearings. 3. De.elop and admJrister a personnel policl for Jefferson County covering conditions of wor}: and benefits of non-union !and un=ion employees where the con- tract dccs not conflict) and updating the personnel . !volicy as reuuir..J. Z_ 15 •,�: a0 "? 3J 3 4. Develop and administer job descriptions for all employees, including permanent part-time and department heads. 5. Maintain financial reports such as the total cost of compensation spreadsheet and data base reports. 6. Unlimited telephone consultation regarding Labor Tela- tions and personnel matters. 7. Review and suggest changes to the Civil Service rules as they relate to the personnel program. 8. Annual employee survey. 9. Salary survey as required. Employee Relations Services, Inc. will provide the services set forth above for the fee as established in Section I., and as would be increased by the addition of new employees. The only additional cost to Jefferson County would be standard out of pocket expenses such as mileage (.25 cents per mile) telephone charges, copying of large documents etc. It is not our policy to request a commitment from our clients for a set contract period. Jefferson County may cancel our services at any time with a thirty day notice of cancella- tion. Should you have any questions regarding our proposal please do not hesitate to call me at 822-9269. Sincerely, EMPLOYEE RELATIONS SERVICES, INC. Michael J. Meglemre cc: Commissioner L. Dennison Commissioner G. Grown MJM/ j s rssvu...._.-..._:. W _�...,.,,:;__ `_..wz".. _.._ ,r:.r.+,•..,....._-. ...-._......,,,. aa:.......e-s....�.,.....:',t.;:md...r i3'd`fssr_....,..�:-��.:;...ru�:�rs�.�..-'�:.:..: � ...x.,...,:,.,.. PROGRAM CAPABILITIES Our firm can take foil responsibility for program development and implementation, acting as part of your staff or as a j tant and resource facility for any corporate or public agency pro-ram, lnclud'ing• • Personnel department design, development or operation. • Representation of management in union representation campaigns, contract administration, grievance handling and arbitration. • Development and implementation of comprehensive employee evaluations and supervisor training in employee management. `• Resolution of disputes through mediation and dispute resolution 1 processes in private, labor, commercial, or public matters. # 3 • Employee benefit design and development, or evaluation for cost versus benefit. • Key employee recruitment in complete confidence. • Presentation of management's position to proper agencies such as EEOC, FERC, NLRB, Department of Labor, Civil Service Com- missions or other governmental agencies dealing with employee relationships. • Development of organization or department mission and objectives, • Development of single or multiple years' budget b department or program. g Y organization, — Statistical analysis and data based comparisons using industry standards, bar cock or custom designed standards for any proposal or project. — Development of an agency or corporate Five Year Plan. s EMPLOYEE RELATIONS SERVICES, INC, 10.532 NE 68th Snret, Suite 2000 Ki+Jand Washington 98033 s (206) gn 9369 Fn (26)6176763 Max 3, 2989 f i. Rotxrt R &such. George C. Brown, Chairman Board of County Commissioners P.O. Box 1220 K Port Townsend, Wa. 98368 1 Dear Mr. Brown: Thank you for asking its to provide Jefferson County with our experience in the labor and benefits field. As we discussed, our fee for services is a monthly fee of 3¢ per hour per employee .per month, including all employees and elected officials, for our attention to your day to day af- fairs as enumerated in our letter of September 19, 19M in Section 11, plus actual out of pocket expenses. You agree to make payment promptly upon receipt of our invoice. If after ending our relationship we are Subpoenaed to testify, our regular hourly rate will apply. Venue is in King County. Late payments are subject to late penalty, interest and 1 f attorney fees. { Please sign one copy of this letter and return same to us. This letter officially designates E.R.S.I. as your bargaining representative for Labor Relations purposes and retains our 1 t services. Thank you EMPLOYI • TI 'S SERVI S INC. obert R. Braune RRB f js It is the intent of Jefferson County to retain E.R.S.i. in accordance with the above. eorge Q ,,brown } TITLE: Chairman 1 ► f.r.. j}{ EMPLOYEE RELATIONS SERVICES, INC.. 10332 NE 6M SrreA Suar 2W !Kirkland, WasUVon 9LV33 tzobttt Pax(zaa)szra%s M73.19" Robert R sinus Jr. t Lorna Delaney, Commissioners Clerk Jefferson County P.O. Box 1220 !. [� Port Townsend, WA. 98368 l LS L%1 Re: Jefferson County - Commissioners b! 1 0 1 isa`j l Dear Lorna, JEft"ri stym OuNly F�= !� pf fi^Nlt,. Ss�J?'ERS Enclosed please find a reversed copy of our Agreement that more r [i ty spe}s out the basis i of our fee. The changes from the old Agreement are: z 1. Added, "including all employees and elected officials," [line 2 paragraph 21. 2. Added, "in Section II", [line 3 paragraph 21. This should clarify that our services are listed in pan 1I of the September 19, 1958 letter but our fees are on all hours compensated for. For practical purposes we will use the Quarterly Workman Compensation reported hours as the basis for our billim- ie. lst quarter L&I report times 1¢ equals the monthly retainer for the 2nd quaver of our billin The 2nd quarter UU report will he used as our 3rd quarter billing amount. The County will be lagging by about 3 months this w-ay, but it is easy to figure out. l Please have Georee sign this clarified Agreement and return one copy to our office. The new amount is reflected in our hill for activities included in the enclosed invoice. Thanks so much for your help. Sincere Robert R. Jr. RRBJjs Enclosure C O N 5 U L T I N G G R O U P Personnel & Labor Relations Larry Dennison, Chairman Board of County Commissioners Jefferson County PO BOX 1220 Port Towsend, WA 98368 Dear Mr. Dennison: Robert R Braun Jr November 27, 1991 Thank you for asking us to provide Jefferson County with our experience in the labor and benefits field. As we discussed, our fee for services after January 1, 1992 is nine hundred dollars ($900.00) per month, for our attention to your day to day affairs as enumerated in our letter of Sep- tember 19, 1988 in Section II, plus actual out of pocket expenses. You agree to make pay- ment promptly upon receipt of our invoice. If after ending our relationship we are Sub- poenaed to testify, our regular hourly rate will apply. Venue is in King County. Late pay- ments are subject to late penalty, interest and attorney fees. Please sign one copy of this letter and return same. This letter officially designates B.C.G.Inc. as your bargaining representative for Labor Relations purposes and retains our services. Thank you. Robert RR faun, Jr. RRBy J It is the intent of Jefferson County to retain B.C.G.Inc. in accordance with the above. BY: ( DATE: December 9, 1991 ar ninon, Mairman C:\WS2\DOCUMENT\JEFF-CO\GENERAL\BCG-AGIZE.91 1326 FIFTH AVENUE SUITE 334 SEATTLE, WA 98101-2614 PHONE (206) 623-5155 FAX (206) 623-5163 EMPLOYEE RELATIONS SERVICES, INC. 10532NE adv, svee4 Suite 2M Kirkland WacWVon 98033 (cob) 922-9269 FU (206) &Z7-678 May 3,1989 t 1 Robert R B+ -sue Jr. f Lorna Delaney, Commissioners Clerk Jefferson County P.O. Box 1220 Port Townsend, WA. 9&368 ,til t L Re: Jefferson County - Commissioners1j t'yi' 0 t t`~'8.,' Dear Loma, l'u n son C U N P( Enclosed please find a revised colas of our Agreement that more cFeAr.y spats out the basis of our fce. The changes from the old Agreement are: 1. Added, "including all employees and elected officials," }line 2 paragraph 2]. 2. Added, "in Section II", (line 3 paragraph 21. e This should clarifv that our services are listed in part 11 of the September 19,198S letter but our fees are on all hours compensated for. 1 For practical purposes sve will use the QLI'.:rterly Workmans Compensation reported hours as the basis for our billing, ie. 1st quarter I.&I report times 1� equals the monthly retainer for the 2nd quarter of our billing. The 22nd quarter L.tl report will he used as our 3rd quarter billing amount. The County will be lagging by about 3 months this way, but it is easy to figure out. Please have George ,i�_n this clarified Agreement and return one copy to our office. The new amount is reRected in our bill for activities included in the enclosed invoice. Thanks so much for your help. Sincere -� Robert R.�xht5: Jr. RRB jjs Enclosure ROBERTA 5"UN. J" EMPLOYEE RELATIONS SERVICES INC. LMCK41Fl MEGLEURE CYNtl4VA CWY 10532 NE.- 68TH ST. EvERrT BYERS SUITE slxW RENEE L BRAUN KIRKLAND, WASHINGTON 98033 (206) 822-9269 September 19, 1988 B.G. Brown, Chairman Board.of Commissioners Jefferson County P.O. Box 1220 Port Townsend, Wa. 98368 Dear Commissioner Brown, Thank you for the opportunity to present an outline of our capabilities. As promised, we have enclosed a proposal for your consideration. SECTION I MONTHLY FEE: Employee Relations Services, Inc. will base their monthly fee of .03 cents per hour, per employee, on all full-time employees, ex- cluding department heads and permanent part-time employees. The formula used to compute the monthly fee is: 173.3 multiplied by 03, multiplied by 175 employees $909.00. SECTION II SERVICES: 1. Negotiate all labor agreements and Provide the neces- sary word processing support to generate proposals, ex- hibits and the final labor agreement. 2. Represent the Enoloyer in any matter involving the ad- ministration of the labor agreement which would in- clude: a. Unfair labor practice charges b. State Or 'Federal Mediation C. Grievance arbitration d. lnterest arbitration e. EEOC and Washington State X*.Iman Rights hearings. 3. L`-'eiop --)n:i administer apersonnel policy for jefferson conditions of 'ao�-k and benef'its of '.,rhere the con- an-�' Updating the personnel ? 4. Develop and administer job descriptions for all employees, including permanent part-time and departpent heads. 5. Maintain financial reports such as the total cost of compensation spreadsheet and data base reports. 6. Unlimited telephone consultation regarding labor rela- tions and personnel matters. 7. Review and suggest changes to the Civil Service rules as they relate to the personnel program. 8. Annual employee survey. 9. Salary survey as required. Employee Relations Services, Inc. will provide the services set forth above for the fee as established in Section I., and as would be increased by the addition of new employees_ The only additional cost to Jefferson County would be standard out of pocket expenses such as mileage (.25 cents per mile) telephone charges, copying of large documents etc. i It is not our policy to request a commitment from our clients for a set contract period. Jefferson County may cancel our services at any time with a thirty day notice of canceller - tion. Should you have any questions regarding our proposal please do not hesitate to call me at 822-9269. Sincerely, EMPLOYEE RELATIONS SERVICES, INC. Michael J. Meglemre cc: Ccmmissioner L. Dennison Commissioner G. Brown MJM/7s .f, _.: ; ?3G PROGRAM CAPABILITIES Our firm can take full responsibility for program development and { implzmentation, acting as part of your staff or as a consultant and j resource facility for any corporate or public agency program, including. • Personnel department design, development or operation. • Representation of management in .union representation campaigns, contract administration, grievance handling and arbitration. + Development and implementation of comprehensive employee evaluations and supervisor training in employee management. �' Resolution of disputes through mediation and dispute resolution processes in private, labor, commercial, or public matters. j' • Employee benefit design and development, or evaluation for cost versus benefit. ' Key employee recruitment in complete confidence. • Presentation of management's position to proper agencies such as EEOC, FERC, NLRB, Department of Labor, Civil Service Com- missions or other governmental agencies dealing with employee relationships. • Development of organization or department mission and e obja.ves. + Development of single or multiple years' budget by organization, department or program. — Statistical a, aly;is and data based comparisons using industry standaras, bar code or custom designed standards For any proposal' or project. De elopmer., of ; a.,,. �� 5,,�,,�-C� OCr.00nOraCC Five Year YCar Plan.