HomeMy WebLinkAboutR-1994-029 Lofland & Associates® RESOLUTION NO. R-94 - 29
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A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute a Professional Services Agreement Between
the City of Yakima and Lofland & Associates.
WHEREAS, the City needs professional services to provide specialized
training to Fire Department employees in the area of sexual harassment
recognition and prevention, and
WHEREAS, the City does not have the staffing levels or specialized expertise
to conduct said training; and
WHEREAS, Lofland & Associates has experience and expertise in sexual
harassment recognition and prevention training, and it is in the best interest of
the City to contract to utilize their experience according to the terms and
conditions of the attached agreement, 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 "Professional Services Agreement" with
I.ofland & Associates for the purpose of providing sexual harassment recognition
and prevention training to Fire Department employees.
ADOPTED BY THE CITY COUNCIL this22nd day of March , 1994
ATTEST Mayor
w�r--
City Clerk
{1s)res/lofland pm
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF YAKIMA
AND
LOFLAND & ASSOCIATES
THIS AGREEMENT is made and entered into this 'l y of
1994 by and between the City of Yakima, Fire Department, herein referred to
as the "City," and Lofland & Associates, the company herein referred to as
"Contractor."
WHEREAS, the City needs professional services to provide specialized
training in the area of sexual harassment recognition and prevention to Fire
Department employees.
WHEREAS, Contractor has experience and expertise in sexual
harassment recognition and prevention training, and agrees to perform these
training services for the City under the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and the
Contractor as follows:
1. Professional Services. Contractor shall serve as training agent and
shall perform all of the training work, tasks, and services contained and
described in Attachment "A," which is attached and hereby incorporated into
this Agreement.
2. Consideration. The City agrees to compensate the Contractor for all
training services performed under and pursuant to this Agreement at the rate
of One Hundred Twenty -Five Dollars ($125.00) per hours on a monthly basis.
Contractor shall submit satisfactory documentation and a bill evidencing said
services to the Yakima City Fire Chief at the end of each calendar month during
the time of performance as stated in Section 3. Provided, however, the City's
obligation to compensate Contractor for all fees, services, costs, and expenses
shall not exceed the combined total amount of Ten Thousand Dollars
($10,000.00).
3. Time of Performance. Con ctor s r .11 co mence performance of
services as stated herein the , 1994, and conclude
and terminate on the day of
1994.
4. Status of Contractor. The Contractor and the City understand and
expressly agree that the Contractor is an independent contractor in the
performance of each and every part of this Agreement. Contractor shall make
no claim of City employment nor shall claim any related employment benefits,
social security, and/or retirement.
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5. Taxes and Assessments. Contractor 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 or
assessment as a result of this Agreement, Contractor shall pay the same before
it becomes due.
6. Non -Discrimination. During the performance of this Agreement, the
Contractor shall not discriminate on the basis of race, color, sex, religion,
national origin, creed, or the presence of any sensory, mental, or physical
handicap.
7. Compliance With Law. Contractor agrees to perform all training
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.
8. No Insurance. It is understood the City does not maintain liability
insurance on the Contractor.
9. Hold Harmless. Contractor shall defend, indemnify, and hold harmless
the City, its agents, officers, and employees from any and all liability or loss,
and against all claims or actions based upon or arising out of damage or injury,
including death, to persons or property caused by or sustained in connection
with the performance of this Agreement or by conditions created hereby, or
based upon any violation of statute, ordinance, or regulation.
10. Delegation of Professional Services. Training work and services
provided for herein shall be performed by the Contractor, and no person other
than regular associates or employees of the Contractor shall be engaged upon
such work or services except upon written approval of the City.
11. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by the
Contractor 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
Contractor as stated herein.
12. Termination. The City may terminate this Agreement, with or without
cause, by giving the Contractor ten (10) days written notice of termination.
13. Damages. If for any reason the Contractor fails to provide the services
specified in this Agreement and the City is forced to secure such services from
another person or entity, the Contractor shall be liable for any and all
additional expenses to fulfill their obligation to the City. This provision shall
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not serve as a limitation upon other damages that may be available to the City
pursuant to statutory and/or common law.
14. Severability. If any portion of the Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
15. Integration. This written document constitutes the entire agreement
between the parties. 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.
16. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties at their addresses as follows:
To City:
To Contractor:
Fire Chief
Yakima City Fire Department
401 North Front Street
Yakima, WA 98901
Lofland & Associates
9 North 1 lth Avenue
Yakima, WA 98902
or to such addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid.
Such notices shall be deemed effective when mailed or hand -delivered at the
addresses specified above.
17. Attorneys' Fees. In the event that any suit or action is instituted by
either party to enforce compliance with or interpret any of the terms,
covenants, 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 reasonable attorneys' fees. 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 LOFLAND & ASSOCIAT
By: C-'\:&°\, -.7\4•V‘k\
R. A. Zaisl Jr. City Manager
ATTEST:
City Clerk
CITY CONTRACT NO. C y -
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Its:
STATE OF WASHINGTON
:ss.
County of Yakima
On this 114' day of c , 1994, before me, the
undersigned and Notary Publ in and for the State of Washington, duly
commissioned and sworn, personally appeared 6-6_-4- known
to me to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he/she signed the same as
his/her free and voluntary act and deed, for the uses and purposes therein
mentioned.
WITNESS by hand and official seal hereto affixed this day and year first
written above.
NOTARY PUBLIC in and for the State of
Washington, residing at `/a-- -t
My commission expires: vrcM_ 1 a t , 7 .
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Lofland & Associates
Sexual Harassment Workshop
Yakima Fire Department
March 31,1994
Workshop Agenda
8:30--10:30
Fire Station 1
Sexual Harassment
ATTACHMENT A
Sexual harassment is a form of sexual discrimination and includes unwelcome sexual
advances , request for sexual favors, and other verbal or physical conduct of a sexual nature
relating to the employment situation.
I. Statute
• Federal: 42 U. S. C. s 2000, et seq.
Title VII of the Civil Rights Act of 1964
State: 49 RCW 60.030
•Regulation: EEOC Guideline (29 CFR 1604 )
II. Who is covered/responsible.
•Employers, Managers, Supervisory, co-workers, and noneemployees
III. Retaliation
IV. Unemployment Compensation
V. Hostile Work Environment
Sexual Harassment In the 90's A Costly Proposition