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Home My WebLink AboutR-1994-022 Compliance Consulting Service AgreementsRESOLUTION NO. R-94 - 22 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute Compliance Consulting Services Agreements between the City of Yakima and private contractors. WHEREAS, the City needs professional consulting services to monitor and evaluate attainment of affirmative action goals concerning public sector construction contracts entered into between the City and private contractors; and WHEREAS, the City does not have the staffing levels or specialized expertise to conduct said monitoring and evaluation of attainment of affirmative action goals concerning said construction contracts; and WHEREAS, there are private individuals and entities that have the necessary expertise to monitor and evaluate attainment of said affirmative action goals; and WHEREAS, it is in the best interest of the City to utilize and contract with said private individuals and entities according to the terms of the attached form Compliance Consulting Services Agreement for the purpose of monitoring and evaluating attainment of affirmative action goals contained in and concerning public sector construction contracts, 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 monitoring agreements in substantially the same form as the attached and incorporated agreement entitled, "Compliance Consulting Services Agreement" for the purpose of monitoring and evaluating attainment of affirmative action goals contained in and concerning public sector construction contracts between the City of Yakima and private contractors; provided, however, that the total contract sum to be paid to any private individual/entity pursuant to such a monitoring agreement shall not exceed Ten Thousand Dollars ($10,000.00). ADOPTED BY THE CITY COUNCIL this 1st day of March , 1994. ATTEST: Mayor City Clerk (1s)res/compliance consultant pm e w,L Henry Beauchamp Executive Director YAKIMA VALLEY OPPORTUNITIES 1 NDUSTRIALIZATION CENTER s May 12, 1995 Dick Zais, City Manager City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 -3a Dear Mr. Zais: On March 1, 1994, by Resolution No. R-94-22, the Yakima City Council authorized the execution of Compliance Consulting Services Agreements. On March 3, 1994, Barbara Clarkson, as Director of Employment and Training of Yakima Valley OIC, purported to execute with the City a different contract than that considered by City Council. As such, Yakima Valley OIC recognizes and acknowledges that the March 3, 1994 document is not legally valid and has no force or effect. Yours H ... very truly, ii O.I.C. MAIN OFFICE • 815 Fruitvale Boulevard • Yakima, WA 98902 • (509) 248-6751 • Fax: (509) 575-0482 to m Ellensburg O.I.C. 801 South Ruby Ellensburg, WA 98926 (509) 962-8098 Fax• (509) 962-5286 Central City 315 22nd Avenue South Seattle, WA 98144 (206) 323-2415 Fax (206) 323-2370 Lower Valley O.LC. 325 Highway 12 Sunnyside. WA 98944 (509) 839-2717 Fax (509) 839-2733 Tri -County O.I.C. 720 West Court Street Paco, WA 99301 (509) 545-0484 Fax (509) 547-5767 Toppenish O.I.C. 211 South Chestnut Toppenish. WA 98948 (509) 865-4341 Fax (509) 865-56,1 1994 COMPLIANCE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA YAKIMA VALLEY OIC HEREINAFTER KNOWN AS, COMPLIANCE CONSULTANT This Agreement is made and entered into this 1st day of February, 1994, by and between the City of Yakima's City Manager/Designee hereinafter referred as the "City" and Yakima Valley OIC, hereinafter referred to as "The Deliverer of Compliance Officer Services to the City of Yakima, WA." The duties of monitoring contract affirmative action compliance are to be performed by the Compliance Officer in conjunction with the City of Yakima. WHEREAS, the City finds it necessary to contract with Yakima Valley OIC to provide Compliance Officer Services to monitor and evaluate attainment of various Construction Contracts. NOW THEREFORE; in consideration of mutual covenants, promises and agreements, herein contained the parties mutually agree as follows: SECTION I: DUTIES AND RESPONSIBILITIES a. Conduct monthly on-site reviews and desk audits of the contractor and sub -contractors for compliance with applicable civil rights law and regulations. Prepare a monthly report of findings, conclusions, and recommendations to be filed with the City Manager/Designee for appropriate action by the 10th day of the preceding month. b. Monitors the contractor and sub -contractors affirmative action compliance program and recommends corrective action when necessary. Written corrective recommendations are to be presented to the contractor and the City Manager/Designee for appropriate action within ten (10) working days of the determination of requiredcorrective action. c. Investigate and reports complaints alleging discriminatory practices by the contractor or sub -contractors. Written incident report of findings, conclusions, and recommendations is to be filed within ten working days after complaint is necessary by contractor with the City Manager/Designee. SECTION 2: CONSIDERATION The City agrees to compensate Compliance Consultant for all work performed under the pursuant to this Agreement at the rate of Forty-five Dollars ($45.00) per hour on a monthly basis. Compliance Consultant shall submit satisfactory documentation evidencing said work and hours to the Yakima City Engineer at the end of each calendar month during the time of performance as stated in Section 3. SECTION 3: TIME OF PERFORMANCE Compliance Consultant shall commence performance of services as stated herein on the first (1) day of February, 1994. SECTION 4: STATUS OF CONSULTANT The Compliance Consultant and the City understand and expressly agree that the Compliance Consultant is an independent contractor in the performance of each and every part of this Contract. Compliance Consultant shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement. SECTION 5: TAXES AND ASSESSMENTS Compliance Consultant shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, federal income tax, withholding tax, social security 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 assessment as a result of this Agreement, Compliance consultant shall pay the same before it becomes due. SECTION 6: INSURANCE The Compliance Consultant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all liability resulting out of the performance of this Agreement. SECTION 7: HOLD HARMLESS It is understood that the City does not maintain liability insurance on the Compliance Officer. SECTION 8: PERFORMANCE Compliance Consultant agrees that he/she shall perform all work under and pursuant to the 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. SECTION 9: ASSIGNMENT This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Compliance 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 Compliance Consultant. SECTION 10: TERMINATION In the Event Compliance Consultant fails to comply with any of the terms and conditions of this Agreement in such a manner that the City Engineer deems that the continuation of this Agreement is no longer in the best interest of the City, the City Manager per recommendation of the city Engineer may terminate this Agreement upon thirty (30) calendar days prior written notice to the Compliance Consultant. In the event the City fails to comply with the terms and conditions of this Agreement, the Compliance Consultant may terminate this Agreement on thirty (30) calendar days prior written notice to the City. SECTION 11: FULL FORCE AND EFFECT If any portion of this Agreement is changed per mutual agreement or held invalid, the remainder of the Agreement shall remain in full force and effect. SECTION 12: INTEGRATION This written document constitutes the entire agreement between the parties. No changes or addi- tions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by bath parties. SECTION 13: NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties at their address as follows: TO CITY: TO COMPLIANCE CONSULTANT: DICK ZAIS, CITY MANAGER CITY OF YAKIMA 129 NORTH 2ND STREET YAKIMA WA 98901 COMPLIANCE CONSULTANT YAKIMA VALLEY OIC 815 FRUITVALE BOULEVARD YAKIMA WA 98902 or to such addresses as the parties may hereafter designate in writing. Notices, demands shall be sent by registered or certified mail, postage pre -paid. Such notices shall be deemed effective when mailed or hand -delivered at the addressees specified above. SECTION 14: LITIGATION In the event that any suit or action is instituted by the City or the Compliance Consultant to enforce compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the pre - veiling party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. The venue for any such action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first herein written. OF_YAKTMA R.A. Zais, Jri ty Manager A 1,:1'bST: City Clerk CPY CCNTRACT k0. STATE OF WASHINGTON) :SS. County of Yakima ) YAKIMA VALLEY OIC By: Its: 204 -Le /7 r _,4 �d-r, On this day of , 1994, before me, the un : - _ned and Notary Public in and for the State of Washington, duly commissioned a • - ' orn, personally appeared known to e to be th- ' • ividual described in and who executed the within and foregoing instrument, d ged that he/she signed the same as his/her free and voluntary act and deed, f purposes therein mentioned. WITNESS by hand and offici. . hereto affixed this day and year written above. NOTARY PUBLIC in and for the State of Washin_ : residing at My commission expires: YAKIMA VALLEY OPPORTUNITIES INDUSTRIALIZATION CENTER 815 Fruitvale Boulevard, Yakima, Washington 98902 PH: (509)248-6751 FAX. 575-0482 ADDENDUM A FOR AN ACKNOWLEDGMENT IN A REPRESENTATIVE CAPACITY: STATE OF WASHINGTON) COUNTY OF YAKIMA ) S S I certify that I know or have satisfactory evidence that BARBARA CLARKSON is the person who appeared before me, and said person acknowledged that .(she) signed this instrument, on oath stated that (she) was authorized to execute the instrument and acknowledged it as the DIRECTOR OF EMPLOYMENT & TRAINING of YAKIMA VALLEY OPPORTUNITIES INDUSTRIALIZATION CENTER to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 3 Da, o -Q Ma rc-CL. SEAL OR STAMP: Sig : ture 4 (-I-re- 4 s Title f" --121:c- -4r .4-.47- 54-7,-%-f 7— 5 %-f'2- ° t- l 5 74741 1