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Home My WebLink AboutR-1991-D5910 Sexual Harassment Workshop• RESOLUTION NO. D-5910 A RESOLUTION authorizing the execution of a personal services agreement with Susan Webb. WHEREAS, the City of Yakima employs a work force of over 600 people; and WHEREAS, it is necessary to train such work force in personnel matters including the identification and prevention of sexual harassment for the purpose of avoiding legal liabil- ity and promoting a productive workplace; and WHEREAS, the Personnel Division of the City of Yakima does not employ personnel with adequate expertise to offer workshops in sexual harassment training to the employees of the City of Yakima; and WHEREAS, Susan Webb has been conducting training and workshops on sexual harassment for ten years, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Personal Consulting Services Agreement" with Susan Webb for the purpose of conducting sexual harassment workshops for City of Yakima employees. ADOPTED BY THE CITY COUNCIL this 7th day of May 1991. ATTEST: co-- /2434m., City Clerk (res/prsnl.jv) (:;Lt vd'51t4,40-c?-- Mayor PERSONAL CONSULTING SERVICES AGREEMENT This agreement, entered into this 90+1A -day of 11- 1991, between the City of Yakima, whose address is 129 North 2nd Street, Yakima, Washington, 98901 (hereinafter "City") and Susan L. Webb, whose address is 4044 Northeast 58th Street, Seattle, Wash- ington, 98105 (hereinafter "Webb"). WHEREAS, the City needs consulting services to provide train- ing relative to the prevention of sexual harassment because the City itself does not employ any trained instructors and such ser- vice is outside the usual course of business of the City; and WHEREAS, Susan Webb has ten years of experience as a human relations consultant trainer specializing in training for the prevention of sexual harassment; and WHEREAS, the parties hereto intend for Webb, an independent contractor, to perform as a trainer for the City wherein Webb shall have full control over the manner, method, and content of said sexual harassment prevention workshop without any supervision or involvement of the City, subject to the terms and conditions here- inafter set forth, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Duties and Responsibilities. Webb shall provide instruction on the prevention of sexual harassment to City employees. At a minimum, Webb shall accomplish the following tasks in order to provide instructional services on sexual harassment: A. Organize, teach, and conduct appropriate instructional experiences for workshop participants. B. Prepare workshop description and content. C. Provide instructional handouts, handbooks or other mate- rials for the workshop, the cost of which is included in the program fee specified in Section 3 of this agree- ment. D. Submit invoice voucher upon completion of the three programs to the City Personnel Office. 2. Time of Performance. Webb shall perform and complete the services specified in Section 1 of this agreement between May 13, 1991 and May 14, 1991. Webb agrees to make whatever time invest- ments are required for the full completion of instruction projects for which responsibility has been accepted. 3. Consideration. In consideration of the consulting services provided by Webb, as specified in Section 1 of this agreement, the City agrees to pay Webb a consulting fee in the amount of One - 1 - (agr\prsnl.jv) Thousand One Hundred Dollars ($1,100.00) for each three-hour pre- vention of sexual harassment workshop taught by Webb between May 13, 1991 and May 14, 1991 inclusive. Workshops shall be limited to 25 participants, however, the City may exceed this limit, provided, the City agrees to pay Webb an additional Forty Dollars ($40.00) per participant. The City agrees to pay for Webb's travel expenses incurred relative to the workshops taught between May 13, 1991 and May 14, 1991, inclusive of mileage, meals, and lodging. The City shall compensate meals and lodging at actual cost and mileage at twenty-six cents ($.26) per mile. The City reserves the right to cancel any scheduled class if it determines that employee partici- pation is insufficient. The City shall give Webb reasonable oral notification of any such class cancellations, and Webb will not receive any fees for cancelled classes. The City agrees to provide the meeting room and audio visual equipment necessary for instruc- tion. 4. Independent Contractor. It is agreed and understood that Webb is an independent contractor and not an employee of the City. Webb shall make no claim of City employment or claim any related employment benefits from the City including but not limited to medical benefits, social security, and retirement. Webb shall not be subject to the control or direction of City officers or City employees. Webb shall use her own papers and other materials to teach the prevention of sexual harassment workshop. Except as otherwise provided herein, this agreement shall not be performed by Webb on City property or with any City facilities whatsoever. Webb shall protect, defend, indemnify, and hold the City harmless from and against any claims, demands, causes of action, liabili- ties, damages, and injuries arising out of or relating to this agreement. Webb shall not in any way represent, obligate, or act on behalf of the City, contractually, or otherwise. 5. Taxes and Assessments. Webb shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, federal income tax, withholding tax, social securi- ty tax, 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, Webb shall pay the same before it becomes due. 6. Non -Discrimination in Services. Webb shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, age, or the presence of any sensory, mental, or physical disability: A. Deny any individual any services or other benefits pro- vided under this agreement; -2 (agr\prsnl.jv) B. Provide any service(s) or other benefits to an individual which are different or are provided in a different man- ner, from those provided to others under this agreement; C. Subject an individual to segregation or separate treat- ment in any manner related to his/her receipt of any ser- vice(s) or other benefits provided under this agreement; or D. Deny any individual an opportunity to participate in any program provided by this agreement through the provision service(s) or otherwise, or afford him/her an opportunity to do so which is different from that afforded others under this agreement. 7. Integration. This written document constitutes the entire agreement between the parties hereto. 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 par- ties. 8. Assignment. Webb shall person or entity without the the event that such prior granted, then the assignee and liabilities of Webb. not assign this agreement to any other prior written consent of the City. In written consent to an assignment is shall assume all duties, obligations, 9. Termination. In the event Webb fails to comply with any of the terms and conditions of this agreement in such a manner that the City Personnel Officer deems that the continuation of this agreement is no longer in the best interest of the City, said Personnel Officer may terminate this agreement upon three (3) calendar days written notice to Webb. 10. Notices. Except as provided in Section 3 above, all notices and demands shall be in writing and sent to the parties hereto at their addresses as follows: To Client: To Webb: City of Yakima City Hall 129 North 2nd Street Yakima, Washington, 98901 Susan L. Webb 4044 Northeast 58th Street Seattle, WA 98105 or to such addresses as the parties may hereafter designate in writing. Notices and demands shall be sent by registered or certi- fied mail, postage prepaid. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 11. Litigation. In the event that any suit or action is insti- tuted by either party to enforce compliance with or interpret any - 3 - (agr\prsnl.jv) of the terms, convenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as rea- sonable attorney fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Wash- ington for Yakima County, Washington. CITY OF YAKIMA, WASHINGTON SUSAN L. WEBB, Independent Contractor By City Manager ATTEST: By icut_e_, DATED: - C!TY crxir.ArzT (agr\prsnl.jv) By SIC4.4,-.4m.i a24/.1 DATED: 4 - 71