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HomeMy WebLinkAboutR-1994-029 Lofland & Associates® RESOLUTION NO. R-94 - 29 • 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. Page 1 of 4 (1s)agr/lofland prof services pm 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 Page 2 of 4 (1s)agr/lofland prof services pm 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 - Page 3 of 4 (1s)agr/lofland prof services pm 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 . Page 4 of 4 (1s)agr/lofland prof services pm 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