HomeMy WebLinkAbout07/05/2011 13 Temporary Staffing Services Agreement with Entrust • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I 3
For Meeting of: July 5, 2011
ITEM TITLE: Consideration of a resolution authorizing and directing the City Manager of the
City of Yakima to execute the two -year Temporary Staffing Services Agreement
with Entrust, a nonprofit vocational rehabilitation employment service.
SUBMITTED BY: Chris Waarvick, Public Works Director, 576 -6411
CONTACT PERSON/TELEPHONE: Ken Mehin, Transit Manager, 576 -6415
SUMMARY EXPLANATION: Yakima Transit currently employs individuals through Entrust's
vocational rehabilitation program to staff our Downtown Transit facility. These employees
provide information to riders, sell tickets & passes, hand out schedules, hand out restroom
keys, answer telephone calls, and provide other duties assigned. In previous years, the
services were funded through a paratransit special needs formula grant. Because the service is
related more towards fixed -route services, the funds previously used to support their
employment is being transferred to paratransit operations and those same funds were
previously assigned for paratransit operations out of Yakima Transit's general funds will be
0 used to pay for the services. This new contract will also incorporate staffing the center on
Sundays to support our current Sunday fixed -route demonstration project. The cost to provide
the service is limited to $125,000 over the a two -year period.
In years past, Yakima Transit has benefitted from the services provided and wishes to continue
the partnership. A copy of the proposed contract is attached for reference.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Transit Fixed Route Operating Funds
APPROVAL FOR SUBMITTAL: ��
Cit anager
STAFF RECOMMENDATION: Adopt the resolution authorizing the City Manager to enter into a
contract for paratransit eligibility services
BOARD RECOMMENDATION: The Transit Council Committee has supported this service in
years past.
COUNCIL ACTION:
•
• RESOLUTION NO. R -2011-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute
the two -year Temporary Staffing Services Agreement with Entrust, a
nonprofit vocational rehabilitation employment service. .
WHEREAS, every two years, the Yakima Transit receives an allocation of federal
paratransit special needs formula funds through the Washington State Department of
Transportation; and,
WHEREAS, Yakima Transit has in the past used those funds to staff our downtown
transit center; however, for the next two years those funds have been reallocated to fund our
paratransit services operations, because the grant is for paratransit purposes; and,
WHEREAS, Entrust, over the past five years, has used the funds to place individuals
who provide information to people who mainly use our fixed -route services; and,
WHEREAS, it is in the City of Yakima's best interest to continue this contract by funding
it through Yakima Transit's general funding for fixed -route services, by reallocating funding from
our paratransit services to cover the overall costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA, the City Manager of the City of .Yakima is hereby authorized to execute the
0 Temporary Staffing Services Agreement (for Yakima Transit) with Entrust to allow the continue
to staff Yakima Transit's Downtown Transit Center Information Booth.
ADOPTED BY THE CITY COUNCIL this 5th day of July, 2011.
Micah Cawley, Mayor
ATTEST:
Deborah Kloster, City Clerk
el
TEMPORARY STAFFING SERVICES AGREEMENT
This Temporary Staffing Services Agreement (hereinafter "Agreement ") is made and entered
into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"),
and Entrust, a Washington non - profit corporation. In consideration of the mutual covenants, promises,
and agreements set forth herein,, it is agreed by and between the City and Entrust as follows:
1. Scope of Services. Entrust shall provide the City with the following services:
A. At least one Entrust employee shall staff the City of Yakima's Bus Transfer Station Information
Booth at all times during the following periods Monday- Friday 6 :OOam to 6:OOpm, Saturdays
from 9:OOam to 5:OOpm, and Sundays from 9:30am. - 3:30pm. Staffing at the facility will
exclude the following holidays: New Year's Day, Memorial Day, July 4th, Labor Day,
Thanksgiving, and Christmas.
B. Entrust shall perform the following services while working in the City's Ticket Sales and
Information Booth for Yakima Transit.
1. Verbally communicate route information to bus riders;
2. Hand out schedules;
3. Sell monthly passes;
4. Sell daily tickets;
5. Assign the restroom key(s);
6. Maintain Transit's Lost/Found department;
7. Answer telephone calls; and,
8. Perform other duties as assigned.
C. Entrust shall be solely responsible for ensuring that its employees have the supervision, training,
and capability to safely and satisfactorily perform the duties assigned to them by the City.
D. Entrust shall provide its employees with any and all training and equipment for its employees to
perform their assigned duties without cost to the City.
2. Term. This Agreement shall be effective upon execution by the parties hereto and shall terminate at _
midnight on June 30, 2013, unless the Agreement is earlier terminated by either party in accordance.
with Section 21 of this Agreement. Upon written consent of the parties, this contract may be extended
for a period of time to be agreed by the parties.
3: Compensation.
A. Fee for Service. As compensation for services performed pursuant to this Agreement, the City
agrees to compensate Entrust at the rate of fifteen dollars and sixty nine cents ($16.20) per hour
for full -time transit center staff and thirteen dollars and ten cents ($13.60) per hour for part-time
transit center staff. This cost shall cover any and all costs of providing the service including but
not limited to salaries and salary- related costs, travel, overhead, taxes, medical insurance
coverage, materials, supplies, vacation & sick leave (for the two senior staff), and other expenses.
In no event shall the total compensation for all services provided under this Agreement exceed
$125,000 for the two -year period.
•
B. Monthly Bus Passes. The regular employees shall be granted a free monthly bus pass for the
four employees, or any person who replaces them on a permanent -type basis, upon the
employee's request.
C. Payment for Compensation. Entrust shall provide the City with itemized invoices/billing no later
than thirty (30) calendar days after services are actually provided or costs are incurred. No claims
shall be made for amounts that are found by the City to be non - compensable under this
Agreement. The City shall make payment to Entrust within thirty calendar days upon receipt of
invoices/billings. All payments are expressly conditioned upon Entrust providing services
hereunder satisfactory to the City.
D. Payment in the. Event of Termination. In the event that either party terminates this Agreement
pursuant to Section 21, . Entrust 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.
4. Responsibilities of the City. The City shall be responsible for the following:
A. The City shall assign duties to Entrust employees and instruct them regarding the manner in
which the City desires those duties be performed.
B. The City shall furnish a suitable place for Entrust employees to work, which shall comply with all
occupational health and safety laws.
C. The City shall ensure that Entrust employees are supplied with sufficient Yakima Transit passes
and schedules to perform their assigned duties.
D. If the City is dissatisfied with the performance• of any Entrust employee, the City shall notify
Entrust before the end of the workday.
5. Property Care. Entrust will be responsible for the proper custody and care of all City -owned
property furnished for Entrust's use in connection with the performance of this Agreement, including
but not limited to office equipment. Entrust will reimburse the City for any loss or damage beyond
normal wear and tear. Entrust shall also be responsible for the proper possession, use, and
maintenance of all personal property used by Entrust employees during the performance of services.
6. Independent Contractor Status of Entrust. Entrust and the City understand and expressly agree
that Entrust is an independent non - profit contractor in performance of this Agreement. Entrust
assumes the entire responsibility for carrying out and accomplishing the services required under this
Agreement and has the right to control the manner and means in which the services are provided,
subject to the terms and conditions of this Agreement. Additionally, and as an independent
contractor, Entrust and its employees shall make no claim of City employment nor shall they 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 Entrust or any officer, employee, or agent of Entrust and the City.
7. Taxes and Assessments. Entrust 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, Medicare, social security tax, assessments for unemployment and industrial insurance, 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, Entrust shall pay the same before it becomes due.
•
8. Compliance with Law. Entrust agrees to perform all services under and pursuant to this Agreement
in full compliance with any and all applicable laws, rules, codes, and regulations adopted or
promulgated by any governmental or regulatory agency, whether federal, state, local, or otherwise.
9. No Insurance. It is understood that the City does not maintain liability insurance covering Entrust, its
employees, officers, agents, or subcontractors.
10. Indemnification and Hold Harmless.
A. Entrust 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) related to Entrust's performance and/or
nonperformance of this Agreement.
B. In the event both Entrust and the City are negligent, Entrust'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 Entrust, its officers, employees, agents, and/or subcontractors.
C. Entrust specifically assumes potential liability for actions brought by Entrust's employees and/or
subcontractors and solely for the purposes of this indemnification and defense, Entrust
specifically waives any immunity under State Industrial Insurance Law, RCW Title 51.
D. Nothing contained in this section or this Agreement shall be construed to create a liability or a
right to indemnification in any third party.
E. The provisions of this section shall survive the termination or expiration of this Agreement.
11. Insurance Provided by Entrust. Before this Agreement is fully executed by the parties, Entrust
shall provide the city with a certificate of insurance as proof of commercial liability insurance with a
minimum liability limit of one million dollars ($1,000,000) combined with single -limit bodily injury
and property damage. The certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said policy shall be in
effect for the duration of this Agreement. The policy shall name the City, its elected officials,
officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City a notice thirty calendar days prior to
changing or cancelling the policy (any language in the clause to the effect of "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and
initialed by the insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
12. Delegation of Personal Services. The services provided for herein shall be performed by Entrust
and no person other than regular associates or employees of Entrust shall be engaged upon such work
or services except upon written approval of the City.
13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or
transferred in whole or in part by Entrust to any other person or entity without the prior written
consent of the City. In the event that such prior written consent to any assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities stated herein.
14. No Obligation by the State Government. This contract does not create any obligation or liability of
WSDOT with regard to this Agreement without - WSDOT's specific written consent, notwithstanding
its concurrent in, or approval of, the award of any contract or subcontract or the solicitation thereof.
15. Ethics.
•
A. Code of Ethics. Entrust agrees to maintain a written code or standards of conduct what shall
govern the performance of its officers, employees, board members, or agents engaged in the
award and administration of contracts. The code or standards shall provide that Entrust's officers,
employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything
of monetary value from any present or potential contractors or subrecipients. Entrust may set
minimum rules where the financial interest is not substantial, or the gift is an unsolicited item of
nominal value. These codes or standards shall prohibit Entrust's officers, employees, board
members, or agents from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflicts of interest or personal gain. As permitted by
state or local law or regulations, such code or standards shall include penalties, sanctions, or other
disciplinary actions for violations by Entrust's officers, employees, board members, or agents or
by subcontractors or subrecipients or their agents.
1. Personal Conflict of Interest. Entrust's code or standards shall prohibit Entrust's officers,
employees, board members, or agents from participating in the selection, award, or
administration of a contract supported by state funds if a real or apparent conflict of interest
would be involved. Such a conflict would arise when any of the parties set forth below has a
financial or other interest in the firm or entity selected for award:
a. The employee, officer, board member or agent;
b. Any member of his or her immediate family;
c. His or her partner; or,
d. An organization that employs, or is about to employ, any of the above.
2. Organizational Conflict. Entrust's code or standard of conduct must include procedures for
identifying any preventing real and apparent organizational conflict _ of interest. An
organizational conflict of interest exists when the nature of the work to be performed under a
proposed third party contract may, without some restrictions on future activities, result in an
unfair competitive advantage to the third party contractor or impair its objectivity in
performing the contract work.
B. Relationship Government Agencies. Entrust shall not extend any loan, gratuity or gift of money
in any form whatsoever to any employee or officer of WSDOT, City of Yakima, or any other
transit - related government entity, nor shall Entrust rent or purchase any equipment and materials
from any employee or officer of WSDOT, City of Yakima, or any other transit - related
government entity.
C. Former Employment. Entrust hereby warrants that it shall not engage on a full, part -time, or
other basis during the period of the Agreement, any professional or technical personnel who are,
or have been, at any time during the period of the Agreement, in the employee of WSDOT, City
of Yakima, or any other transit - related government entity WSDOT' s without written consent.
16. Civil Rights. Entrust shall comply with all applicable civil rights statutes and implementing
regulations including, but not limited to:
A. Nondiscrimination• - Title VI of the Civil Rights Act. Entrust agrees to comply, and assure
compliance by each third party contractor at any tier, with all requirements prohibiting
discrimination on the basis of race, color, or national origin, pursuant to Title VI of the Civil
Rights Act of 1964, as amended, 42 USC § 2000d; and USDOT regulations, `Nondiscrimination
in Federally Assisted programs of the Department of Transportation - Effectuation of Title VI of
the Civil Rights Act," 49 CFR Part 21.
B. Equal Employment Opportunity. Entrust agrees to comply, and assures compliance by each third
party contractor at any tier, with all requirements of Title VII of the Civil Rights Act of 1964, as
amended, 42 USC § 2000e, and 49 USC § 5332 and any implementing requirements FTA may
issue. These equal employment opportunity requirements include, but are not limited to,
discrimination against any employee or applicant for employment because of race, color, creed,
sex disability, age, or national origin. Such action shall include, but not be limited to,
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeships.
C. Nondiscrimination on the Basis of Sex. Entrust agrees to comply with all applicable requirements
of Title IX of the .Education Amendments of 1972, as amended, 20 USC § 11680 et seq.; with
USDOT regulations, "Nondiscrimination on the Basis of Sex in Educational Programs or
Activities. Receiving Federal Financial Assistance," 49 CFR Part 25; and with any implementing
directives that USDOT or FTA may promulgate, prohibiting discrimination on the basis of sex.
D. Nondiscrimination on the Basis of Age. Entrust agrees to comply with applicable requirements
of the Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq., and implementing
regulations, which prohibits discrimination on the basis of age.
E. Disability Employment. In accordance with Section 102 of the Americans with Disabilities Act,
as amended, 42 USC § 12112, Entrust agrees that it will comply with the requirements of the U.S.
Equal Employment Opportunity Commission's "Regulations to Implement . the Equal
Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to
employment of persons with disabilities.
F. Disability Access. Entrust agrees to comply with the requirements of 49 USC § 5301(d), which
states the Federal policy that the elderly and persons with disabilities have the same rights as
other persons to use mass transportation services and facilities, and that special efforts shall be
made in planning and designing those services and facilities to implement said policy. Entrust
also agrees to comply with all applicable requirements of Section 504 of the Rehabilitation Act of
1973, as amended, 29 USC § 794, which prohibits discrimination on the basis of handicap; with
the Americans with Disabilities Act of 1990, as amended, 42 USC § 12101 et seq., which requires
the provision of accessible facilities and services; and with the Federal regulations, including any
amendments thereto following; USDOT regulations, "Transportation Services for Individuals
with Disabilities," 49 CFR Part 37; USDOT regulations, "Nondiscrimination on the Basis of
Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,"
49 CFR Part 27; Joint U.S. Architectural and Transportation Barriers compliance Board USDOT
regulations; "Americans with Disabilities Accessibility Specifications for Transportation
Vehicles," 36 CFR Part 1192 and 49 CFR Part 38; USDOJ regulations, "Nondiscrimination on
the Basis of Disability in State and Local Government Services," 28 CFR Part 35; USDOJ
regulations "Nondiscrimination on the Basis of Disability by Public Accommodations and in
Commercial Facilities," 28 CFR Part 36; Handicapped and any other nondiscrimination statutes
that may apply to the project.
G. Other Nondiscrimination Statutes. Entrust agrees to comply with all applicable requirements of
any other nondiscrimination statutes that may apply to the project.
17. Energy Conservation and Environmental Requirements.
A. Energy Conservation. Entrust shall comply with the mandatory standards and policies relating to
energy efficiency standards and policies within the Washington State energy conservation plan
issued in compliance with the Energy Policy and Conservation Act, 42 USC § 6321 et seq., and
any amendments thereto.
B. Environmental Protection. Entrust agrees to comply with all applicable requirements of the
National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq.
18. Accounting Records.
A. Project Accounts. Entrust agrees to establish and maintain for the project either a separate set of
accounts or separate accounts within the framework of an established accounting system that can
be identified with the project. Entrust agrees that all checks, payrolls, invoices, contracts,
vouchers, orders, or other accounting documents pertaining in whole or part to the project shall be
clearly identified readily accessible and available to Yakima Transit and/or WSDOT .upon
request, and, to the extent feasible, kept separate from documents not pertaining to the project.
B. Funds Received or Made Available for the Project. Entrust agrees to deposit in a financial
institution, all advance project payments it receives and record in the project account all amounts
provided by the state in support of the grant agreement and all other funds provided for, accruing
to, or otherwise received on account of the project.
C. Documentation of Project Costs and Program Income. Entrust agrees to support all costs charged
to the project, including any approved services contributed by Entrust or others, with properly
executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature
and propriety of the charges. Entrust also agrees to maintain accurate records of all program
income derived from implementing the project.
19. Audits, Inspections, and Retention of Records.
A. Submission of Proceedings, Contracts, and Other Documents. During the course of the project
and for six years thereafter, Entrust agrees to retain intact and to provide any data, documents,
reports, records, contracts, and supporting materials relating to the project as WSDOT may
require. Project closeouts do not alter these recording and recordkeeping requirements. Should
an audit, enforcement or litigation process be commenced, but not completed, during the
aforementioned six -year period then Entrust's obligations hereunder shall be extended until the
conclusion of that pending audit, enforcement, or litigation process.
B. General Audit Requirements. Entrust agrees to obtain any other audits required by WSDOT.
Project closeout will not alter Entrust's audit responsibilities.
C. Inspection. Entrust agrees to permit WSDOT, the State Auditor, or their authorized
representatives, to inspect all project work materials, payrolls, and other data, and to audit the
books, records, and accounts of Entrust and its contractors pertaining to the project. Entrust
agrees to require each third party to permit WSDOT, and the State Auditor or their duly
authorized representatives, to inspect all work, materials, payrolls, and other data and records
involving that third party contract, and to audit the books, records, and accounts involving that
third party contract as it affects the project.
20. Overtime Labor Provisions. Entrust or its subcontractors shall not permit any laborer or mechanic
in any workweek work . in excess of forty hours in a workweek unless the laborer or mechanic
receives compensation at a rate of not less than one and one -half times the basic rate of pay for all
hours worked in excess of forty hours in that workweek. Entrust shall not receive reimbursements by
the City of Yakima to cover overtime costs.
0 . 21. Termination. The City or Entrust may terminate this Agreement, with or without cause, upon a 30-
day written notice from either party.
22. Non- Waiver. A waiver by either the City or Entrust of the breach of any provision of this
Agreement by the other party shall not operate and/or be construed as a waiver of any subsequent
breach by either party or prevent either party from thereafter enforcing such provision.
23. 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.
24. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is
held invalid, the remainder of the Agreement shall remain in full force and effect.
25. Integration. This written document constitutes the entire agreement between the City and Entrust.
There are no other oral or written Agreements between the parties as to the subjects covered herein.
No changes or additions to this Agreement shall be valid or binding upon either party unless such
change or addition be in writing and executed by both parties.
26. 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: Chris Waarvick, Public Works Director, 2301 Fruitvale Blvd, Yakima, WA 98902
To Entrust: Tom Gaulke, Executive Director, 1510 S. 36th Ave., Yakima, WA 98902
0 or to such other addresses as the parties may herein after 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.
27. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington.
28. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior
Court of Washington in Yakima County, Washington.
CITY OF YAKIMA ENTRUST
By: By:
Michael Morales, Interim City Manager Tom Gaulke, Executive Director
Date: • Date:
Attest:
Deborah Kloster, City Clerk
City Contract No. 2011-
Resolution No. R -2011-
• ,