HomeMy WebLinkAboutR-2004-170 Sound Employment Solutions, LLC AgreementRESOLUTION NO. R 2004 -170
A RESOLUTION authorizing and directing the City Manager to execute a professional
services agreement between the City of Yakima and Sound
Employment Solutions, LLC for the provision of a series of workshops
for city employees regarding preventing sexual harassment from
occurring in the workplace.
WHEREAS, the City requires assistance with the provision of training regarding
preventing sexual harassment from occurring in the workplace; and
WHEREAS, Sound Employment Solutions, LLC has the experience and expertise
necessary to provide the required professional services and is willing to do so in accordance
with the terms and conditions of the attached Professional Services Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to enter into the attached Professional Services Agreement with Sound Employment
Solutions, LLC for the provision of a series of workshops regarding preventing sexual
harassment from occurring in the workplace, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Professional Services Agreement" with Sound Employment Solutions, LLC
for the provision of a series of workshops for city employees regarding preventing sexual
harassment from occurring in the workplace.
ADOPTED BY THE CITY COUNCIL this 2nd day of November, 2004.
ATTEST:
City Clerk
Paul P. George, Mayor
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT, hereinafter the "Agreement," is
made and entered by and between the City of Yakima, a Washington municipal corporation,
(hereinafter the "City"), and Sound Employment Solutions, LLC, a Washington limited liability
company, (hereinafter "Consultant")
WHEREAS, the City requires professional assistance with training city employees; and
WHEREAS, the Consultant is willing to provide said services in accordance with the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
conditions set forth herein, it is agreed by and between the City and the Consultant as follows:
1. Professional Services. Consultant shall provide the City with services as described in
Exhibit A, a copy of which is attached hereto and incorporated herein by this reference.
2. Resolution of Conflicting Language. Any inconsistencies or conflicts between the
language of this Agreement and Exhibit A shall be resolved in the following order: the language
of the Agreement shall prevail over the language of Exhibit A.
3. Term. The term of this Agreement shall commence upon full execution of this
Agreement by the parties and shall terminate at the time of satisfactory completion of all
services/tasks required hereunder unless the Agreement is terminated earlier by either party in
accordance with Section 19.
4. Compensation.
a. Compensation for Services. As consideration for the professional services
performed pursuant to this Agreement, the City agrees to compensate the Consultant as described
in Exhibit A, including all taxes, insurance, costs and expenses.
b. Payment in the Event of Termination. In the event that either party terminates
this Agreement early pursuant to Section 19, Consultant shall be compensated on a pro -rata basis
for all satisfactory services provided to the City under this Agreement up to the effective
termination date.
5. Additional Services. The City may request additional services beyond those described
in Exhibit A. In such event, the City Manager (or his designee) is authorized to negotiate a
mutually agreeable sum for such additional services. A description of the additional services and
consideration shall be reduced to writing in a document signed by the parties. This document
shall be made an addendum to this Agreement.
6. Independent Contractor Status of Consultant. Consultant and the City understand and
expressly agree that Consultant is an independent contractor in the performance of each and every
part of this Agreement. Consultant, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the services required under this Agreement.
Additionally, and as an independent contractor, Consultant and its employees shall make no claim
of City employment nor shall claim against the City any related employment benefits, social
security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a
relationship of servant, employee, partnership or agency between Consultant or any officer,
employee or agent of Consultant and the City.
7. Taxes and Assessments. Consultant shall be solely responsible for compensating its
employees and for paying all related taxes, deductions, and assessments, including but not limited
to, federal income tax, FICA, social security tax, assessments for unemployment and industrial
injury, and other deductions from income which may be required by law or assessed against
either party as a result of this Agreement. In the event the City is assessed a tax or assessment as
a result of this Agreement, Consultant shall pay the same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, Consultant
shall not discriminate in violation of any applicable federal, state and/or local law or regulation on
the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or
the presence of any sensory, mental or physical handicap. This provision shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement.
9. The Americans With Disabilities Act. Consultant agrees to comply with the Americans
With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing
regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60
and its implementing regulations. The ADA provides comprehensive civil rights to individuals
with disabilities in the area of employment, public accommodations, state and local government
services, and telecommunications.
10. Compliance With Law. Consultant agrees to perform all services under and pursuant to
this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted
or promulgated by any governmental agency or regulatory body, whether federal, state, local, or
otherwise.
11. No Conflict of Interest. Consultant represents that it does not have any interest and shall
not hereafter acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of this Agreement. Consultant further covenants that it will not hire
anyone or any entity having such a conflict of interest during the performance of this Agreement.
12. No Insurance. It is understood the City does not maintain liability insurance for
Contractor and/or its officers, employees, agents, instructors, and/or subcontractors.
13. Indemnification and Hold Harmless.
a. Consultant agrees to protect, defend, indemnify, exonerate, and hold harmless the
City, its elected officials, agents, officers, employees from any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs
and expenses (including attorneys' fees and disbursements) resulting from Consultant's
performance and/or nonperformance of this Agreement.
b. In the event both the Consultant and the City are negligent, the Consultant's
liability for indemnification of the City shall be limited to the contributory negligence for any
resulting suits, actions, claims, liability, damages, judgments, costs, and expenses (including
reasonable attorney's fees) that can be apportioned to the Consultant, its officers, employees,
agents, and/or subcontractors.
c. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
14. Delegation of Professional Services. The services provided for herein shall be
performed by Consultant, and no person other than regular associates or employees of Consultant
shall be engaged upon such work or services except upon written approval of the City.
15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Consultant to any other person or entity without the
prior written consent of the City. In the event that such prior written consent to an assignment is
granted, then the assignee shall assume all duties, obligations, and liabilities of Consultant stated
herein.
16. Integration and Supersession. This Agreement sets forth all of the terms, conditions,
and agreements of the parties relative to the subject matter hereof and supersedes any and all such
former agreements which are hereby declared terminated and of no further force and effect upon
the execution and delivery hereof. There are no terms, conditions, or agreements with respect
thereto, except as herein provided and no amendment or modification of this Agreement shall be
effective unless reduced to writing and executed by the parties.
17. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and enforced as if
the Agreement did not contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform
to such statutory provision.
18. Non -Waiver. The waiver by Consultant or the City of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter enforcing any such provision.
19. Termination. Either party may terminate this Agreement, with or without cause, by
giving the other party ten (10) calendar days written notice of termination. In the event of
termination, the City shall compensate the Consultant for services rendered through the
termination date.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent to the parties to their addresses as follows:
TO CITY:
Sheryl Smith
Deputy Human Resources Manager
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
TO CONSULTANT:
Attn: -1.00A cc Cor 21.1)(1
Sound Employment Solutions, LLC
11700 Mukilteo Spdway, Ste 201, PMB 1211
Mukilteo, WA 98275
or to such other addresses as the parties mayhereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified above.
21. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this agreement
and shall be binding on the parties to this Agreement.
22. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
City of Yakima, Washington Sound Employment Solutions, LLC
By:
Dick Zais, Citi Manager
Dated: /179/0 47
By: ley
Print Narhe: Say e m c`y
Title: Par % n ex -
Dated: �� Z /O cl
ATTEST:,'//
By: fi,-
Karen oberts, City Clerk
Dated: /// 4',/a
City Contract No. Oi--7,2A/ Resolution No.vWA/ /%L!
Exhibit A
City of Yakima
Contract For Services — All Employee Workshops
"Preventing Sexual Harassment From Occurring In The
Workplace"
Submitted By: Sound Employment Solutions, LLC
September 27, 2004
Sound Employment Solutions, LLC, hereafter referred to as the "Consultants," is
submitting to the City of Yakima, hereafter referred to as the "City," the following
proposal to conduct a series of workshops to the City's employees regarding
preventing sexual harassment from occurring in the workplace.
Scope of Work
> Review of the City's Existing Policies
The Consultants will review the City's existing Sexual Harassment policy and
make suggestions for strengthening the policy where appropriate.
Series of Workshops Presented to All City of Yakima Employees
The Consultants will present a series of workshops entitled, "Preventing Sexual
Harassment From Occurring in the Workplace" to all City of Yakima employees.
The workshops are 90 minutes in duration with the consultants presenting no
more than 5 workshops a day. The consultants agree to be videotaped for one
workshop presentation so employees unable to attend a workshop can view the
videotape at a more convenient time. See the agreement specific to the
videotaping below.
Workshop instruction will include:
• Introduction to the City's policies on Sexual Harassment and Nepotism
• The Impact of Sexual Harassment on the Workplace
• What Behavior/Conduct Violates the Policies
• How to Make a Complaint and/or Report Incidents of Harassment
• The Consequences of Violating the City's Policies
• ABC's of Retaliation
The workshop will conclude with attendees participating in an interactive exercise
that refers to and reaffirms the curriculum content.
Sound Employment Solutions, LLC
City of Yakima — Sexual Harassment Training
July 2004 (revised 9-27)
1
Workshop Costs
$1,750.00
$13,800
$
Development Fees - The review of the policy and the development
of curriculum tailored specifically to the City of Yakima will be billed
at the rate of $175 per hour, for a maximum of 10 hours.
Included in the development fees is the cost of developing a
handout that the City of Yakima may photocopy and distribute to
employees.
Workshop Fees — The Consultants will paid $1,600.00 per day and
$1000.00 for a half-day of instruction. An additional $1,600.00 will
be charged for use of the videotaped session at other times. The
Consultants will present 7.5 days of instruction. The series of
workshops will be presented in November and December (another
session in January) at City of Yakima facilities. The Consultants
will present 90 minutes of instruction per workshop with no more
than 5 workshops per days.
Travel Expenses - Mileage reimbursement for travel from Mukilteo
to Yakima, meals for two instructors, and overnight stay one room
with two beds. Estimated costs - $300.00 for mileage; 3 nights of
overnight lodging (not sure of your rate); Food — one meal for two
instructors for 3 days, and 2 meals for two instructors for two days,
and three meals for 2 days — all meals at the City's per diem rate.
Video taping, Printed Materials, Training Logistics
The City of Yakima will assume any costs associated with securing a training
facility for presentation of the workshop(s), and print the instructional manual for
all participants. The Consultant will provide the instructional materials on a
computer diskette to the City of Yakima. The City may reproduce the instructional
materials for City of Yakima employees as needed, but is not permitted to
release the manual to other entities.
The Consultants agree to have one workshop videotaped so that those
employees not available or unable to attend a workshop session in-person may
view the videotape at a more convenient time. The videotape will contain a
disclaimer, which states that the information presented during the workshop does
not constitute legal advice, and that the Consultants are not responsible for
notifying the City or its employees of any changes to the discrimination/sexual
harassment laws. The videotape is for City of Yakima employees only and is not
be used by any other entity. The videotape may not be used any longer than six
months after the final in-person workshop is presented.
Sound Employment Solutions, LLC
City of Yakima — Sexual Harassment Training
July 2004 (revised 9-27)
Sound
mp)oym .'il{
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Janice Corbin and Janet May
11700 Mukilteo Spdway, Ste 201, PMB 1211
Mukilteo, WA 98275
(206) 334-5003 or 334-5004
sescorbin(a7msn.com or sesjmay(a�msncom
www soundemloymentsolutions.com
Sound Employment Solutions, LLC
City of Yakima — Sexual Harassment Training
July 2004 (revised 9-27)
BUSINESS OF THE CITY COUNCIL
YAK MA, WASHINGTON
AGENDA STATEMENT
Item No. / o -
For Meeting Of November 2, 2004
ITEM TITLE: A resolution authorizing the execution of a professional services agreement
between the City of Yakima and Sound Employment Solutions, LLC, for the
provision of a series of workshops for city employees regarding preventing sexual
harassment from occurring in the workplace.
SUBMITTED BY: Sheryl Smith, Deputy Human Resources Manager
CONTACT PERSON/TELEPHONE: Sheryl M. Smith, x6090
SUMMARY EXPLANATION:
The attached resolution authorizes the execution of a professional services agreement with Sound
Employment Solutions, LLC for providing training to city employees regarding preventing sexual
harassment from occurring in the workplace. Due to the limited resources and current workload of the
Human Resources Division, it is recommended that the City contract for training services as outlined in
Exhibit A of the agreement. The workshop content shall include: an introduction to the city's policies
on sexual harassment and nepotism; the impact of sexual harassment on the workplace; what
behavior/conduct violates the policies; how to make a complaint and/or report incidents of harassment;
the consequences of violating the City's policies; and the ABC's of retaliation.
Attached is background information on the two partners in Sound Employment Solutions, LLC for
reference purposes.
Resolution X Ordinance Contract X Other (Specify)
Mail to (name & address)
Phone:
Funding Source: HR budget
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-170