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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{ !Lit on , t 0 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