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HomeMy WebLinkAboutR-1999-006 Leadership Training Seminar. L" • RESOLUTION NO. R-99- 0 G • • A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a "Professional Development Training Services Agreement" with Ritcey & O'Loan Associates for management training services. WHEREAS, the City of Yakima Fire Department needs professional services to provide specialized management training; and WHEREAS, Ritcey & O'Loan has experience and expertise in professional development and -management training, and agrees to provide these training services to the City of Yakima Fire Department under the terms and conditions set forth in the attached agreement; WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with Ritcey & O'Loan Associates for professional development and management training services; 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 and directed to execute the attached and incorporated "Professional Development Training Services Agreement" with Ritcey & O'Loan Associates for professional development and management training services. ADOPTED BY THE CITY COUNCIL this LD day of January, 1999. ATTEST: % JohnPuccinelli, Mayor /Le c„, City Clerk IIA)on/Ine dept/pact, G ti loan/uammg/pal PROFESSIONAL DEVELOPMENT TRAINING SERVICES AGREEMENT THIS PROFESSIONAL DEVELOPMENT TRAINING SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington State municipal corporation (hereinafter the "City"), and Ritcey & O'Loan Associates (hereinafter "Consultant"). WHEREAS, the City of Yakima Fire Department needs professional services to provide specialized management training. WHEREAS, Consultant has experience and expertise regarding professional development 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, conditions, promises, and agreements set forth herein, it is agreed by and between the City and Consultant as follows: 1. Scope of Training Services/Materials. Consultant shall provide professional development and management training services in accordance with attached and incorporated Exhibit "A." Any inconsistencies or conflicts between the terms and conditions stated in Exhibit A and in this Agreement shall be resolved in favor of the terms and conditions of this Agreement. 2. Consideration. The City agrees to provide Consultant a total of not more than Three Thousand Four Hundred and Ninety Dollars ($3,490.00) as full compensation for all training services performed under and pursuant to this Agreement. Travel and other expenses, except lodging costs, are included within said sum. The City shall pay the reasonable and necessary lodging costs of Consultant. Consultant shall submit satisfactory documentation/invoice evidencing said services to the Training Battalion Chief following completion of the services. The City shall make payment to Consultant within thirty (30) calendar days upon receipt of the documentation/invoice. All payments are expressly conditioned upon Consultant providing training services hereunder that are satisfactory to the City. 3. Term of Agreement. The term of this Agreement shall commence upon full execution by all parties and shall continue until all required training services have been satisfactorily performed by Consultant, unless sooner terminated by either party in accordance with Section 15 of this Agreement. 4. Status of Consultant. Consultant and the City understand and expressly agree that Consultant is an independent contractor in the performance of each and every part of this Agreement. Consultant and its officers, employees, agents, instructors, and subcontractors shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. Consultant shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Page 1 of 3 (11.).g.-fir,pru4•ssionxl trzmmg-mcey-pm Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Consultant shall pay the same before it becomes due. 6. Non -Discrimination. During the performance of this Agreement, Consultant shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 7. The Americans With Disabilities Act. Consultant agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 8. Compliance With Law. Consultant 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. 9. No Insurance provided by City. It is understood the City does not maintain liability insurance for Consultant and/or its officers, employees, agents, instructors, and/or subcontractors. 10. Indemnification and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Consultant's performance or non-performance of the services, duties and obligations required of it under this Agreement. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by 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 Consultant as stated herein. 12. 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. 13. 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. 14. Non -Waiver. The waiver by Consultant or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. Page 2of3 (1Pagr-firevpwfesvonal training-racey-pm 15. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party fifteen (15) calendar days advance written notice of termination. 16. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their addresses as follows: To City: Training Battalion Chief Yakima Fire Department Fire Station No. 1 North Front Street Yakima, WA 98901 To Consultant: Dr. Lawrence A. Ritcey Ritcey Cx O Loan Associates 2818 Uniontown Road Westminster, Maryland 21158 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 or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the Taws of the State of Washington. 18. Venue. 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 By: Date: Al Gillespie, Fire Chief R.A. Zais, Jr., City Manager C;TY CON -T }J C ite RESOLUTION NO: Page 3 of 3 (Ik)agr.fire-profea.Ionel training.rlttey-pm RITCEY & O'L B ASSOCIATES Date: Dr. Lawrence A. Ritcey .L JEAN 21 1999 YAKIMA FIRE DEPT. RITCEY & O'LOAN ASSOCIATES Management Consultants 2818 UNIONTOWN ROAD WESTMINSTER, MARYLAND 21158 (410) 857 -0830 CONTRACT With YAKIMA FIRE DEPARTMENT PROFESSIONAL SERVICES Professional development training $3490 ( Dates. March 8 & 9, 1999; travel dates will be March 7 & 10 ) Costs are all inclusive of travel costs, videos, and preparation time. Seminar size: attendees can number up to 50. EXPENSES Meals included above Air fare & / or car rental included above Lodging ..... .. provided by host organization TOTAL COSTS 3490* * cost total is all inclusive SCHEDULE OF PAYMENT Payment in full of $3490 is due not later than 15 days after contract completion. Purchase of air fare, when applicable, will be a non-refundable ticket, purchased at time of contract commitment. If a scheduling change or cancellation occurs subsequent to air fare purchase, the party or organization responsible for the change will pay for the non-refundable ticket cost. signature & date Dr. Lawrence A. Ritcey BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 5 For Meeting Of: 01/05/99 ITEM TITLE: Contractual Agreement between the City of Yakima Fire Department and Dr. Larry Ritcey for Leadership Training Seminar SUBMITTED BY: Yakima Fire Department, Al Gillespie, Fire Chief CONTACT PERSON/TELEPHONE: Abel Castilleja, Battalion Chief, 575-6141 SUMMARY EXPLANATION: The Yakima Fire Department and surrounding agencies have a need to provide leadership and team building skills training to officers and staff. This agreement will provide the opportunity for the City of Yakima Fire Department and Dr. Larry Ritcey to provide officers and staff of the Yakima Fire Department and outside fire districts quality training in leadership and team building. The Yakima Fire Department also wishes to develop the Training Center at 807 E. Nob Hill into a regional training facility that will provide opportunities for training for its members and outside agencies. Dr. Larry Ritcey is a well known expert in the field of fire service leadership training and team building. This agreement with Dr. Ritcey will provide the needed training in leadership and team building for the officers and staff of the Yakima Fire Department and outside agencies and will allow the Yakima Fire Department to recoup some of the costs of the services through registration fees. This agreement will be for a seminar to be provided by Dr. Larry Ritcey on March 8 and 9, 1999 at Fire Station Five, 807 E. Nob Hill Blvd. The fee of $3,490.00 shall be encumbered on a City of Yakima Purchase Order and will be paid to Dr. Ritcey in one payment not later than 15 days after contract completion. Resolution X Ordinance Contract Other (Specify) Funding Source: APPROVED FOR SUBMITTAL: STAPP RECOMMENDATION: Approve as submitted. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: