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HomeMy WebLinkAboutR-2001-123 Training services for the YPD re: firearms trainingRESOLUTION NO. R-2001-1 2 3 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services agreement with Rod Yarger in order to provide firearms training services to the Yakima Police Department. WHEREAS, the Yakima Police Department requires professional firearms training services; and WHEREAS, Contractor has experience and expertise regarding said services, and agrees to perform these services for the City in accordance with the terms and conditions set forth in the attached professional services agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Rod Yarger in order to provide firearms training services to the Yakima Police Department, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE C TY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Professional Services Agreement" with Rod Yarger in order to provide firearms training services to the Yakima Police Department. ADOPTED BY THE CITY COUNCIL this 21st day of August, 2001. ATTEST: ,4 City Clerk res -police -firearms training-yarger-aug 01.pm 2/L 4 Mary Place, Mayor PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL 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 Rod Yarger (hereinafter "Contractor"). WHEREAS, the Yakima Police Department requires professional firearms training services. WHEREAS, Contractor has experience and expertise regarding said services, and agrees to perform these 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 the Contractor as follows: 1. Scope of Services. The Contractor shall provide the following services to the Yakima Police Department: a. Firearms training, including necessary assistance to YPD designated firearms instructors for classroom instruction, reserve academy, practical, remedial, one-on-one certification, and any other requested firearms training assignment. b. Shoot qualification - provide assistance for scheduled shoots in the capacity of firearms instructor/range officer. b. Firearm, armory and firing range maintenance training, including instruction on basic maintenance for all firearms and related equipment utilized by and/or under the control of the Yakima Police Department. c. Maintain and order appropriate levels of ammunition, guns, targets, holsters, and other related YPD firearm supplies, including but not limited to maintaining inventory control of ammunition as required by Yakima Police Department. c. Law enforcement officer firearm training and certification as specified by the Washington State Criminal Justice Training Commission. d. Maintain all appropriate firearms training documentation, individual certification, firearms identification, and other necessary/required documentation. 2. Compensation. The City shall compensate Contractor for all services provided hereunder at the rate of Seventeen Dollars and Eighty -Five Cents ($17.85) per hour. The total Page 1 of 5 (lk)agr-police-yarger-firearms training -01 -pm quarterly compensation provided to the Contractor under this Agreement shall not exceed Six Thousand Four Hundred Twenty -Six Dollars ($6,426.00) (based upon a maximum number of three hundred sixty (360) service hours per quarter). This hourly rate shall include and cover any and all costs of providing these services, including, but not limited to, travel expenses, overhead, material, and supplies. Contractor shall submit a quarterly invoice to the City evidencing all services provided during the preceding quarter. The City shall make payment to Contractor within thirty (30) calendar days upon receipt of the invoice. All payments are expressly conditioned upon Contractor providing services hereunder that are satisfactory to the City. 3. Inspection and Audit. Provider shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or of the Washington State Auditor at all reasonable times, and Contractor shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/ or of the Washington State Auditor where necessary to conduct or document an audit. Provider shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 4. Term of Agreement. The term of this Agreement shall commence upon full execution by all parties and shall continue in duration until terminated by either party in accordance with Section 18 of this Agreement. Status of Contractor. The Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Agreement. The Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Contractor shall make no claim of City employment nor shall claim any related employment benefits, social security, and/ or retirement benefits. 6. Taxes and Assessments. Contractor shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, 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. 7. Non -Discrimination. With regard to the services to be performed pursuant to this Agreement, Contractor shall not discriminate in violation of applicable federal, state, and/or local law or regulation 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. 8. The Americans With Disabilities Act. With regard to the services to be performed pursuant to this Agreement, Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing Page 2 of 5 (Ik)agr-police-yarger-firearms training -01 -pm 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. 9. Compliance With Law. Contractor agrees to perform all 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. 10. No Conflict of Interest. Contractor represents that he does not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. 11. No Insurance provided by City. It is understood the City does not maintain liability insurance for Contractor. 12. Indemnification and Hold Harmless. The Contractor agrees to protect, defend, indemnify, and hold harmless the City, its officers, elected officials, agents, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of the Contractor arising out of or in connection with the performance or nonperformance of the services, duties, and obligations required under this Agreement. 13. Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Contractor shall provide the City with a certificate of insurance as proof of liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 14. 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. 15. 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. Page 3 of 5 (lk)agr-police-yarger-firearms training -01 -pm 16. 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. 17. Non -Waiver. The waiver by Contractor 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. 18. Termination. The Contractor or the City may terminate this Agreement, with or without cause, by giving the other party fifteen (15) days advance written notice of termination. In the event of such termination, the Contractor shall be compensated for satisfactory services rendered up to the termination date in accordance with Section 2 of this Agreement 19. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of. this agreement and shall be binding on the parties to this Agreement. 20. 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: To Contractor: Don Blesio Police Chief Police and Legal Center 200 South Third Street Yakima, WA 98901-2830 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. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County. Page 4 of 5 (I1t)agr-police-yarger-firearms training -01 -pm CITY OF YAKIMA By: R. A. Zais, Jr. City Manager CONTRACTOR By: Ro ar r CITY CONTRACT NO. 7(101-Q1 RESOLUTION NO. R-2001-123 Page 5 of 5 (lk}agr-police yarger-firearms training -01 -pm ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of August 21, 2001 Consideration of a Resolution Authorizing an Agreement with Rod Yarger and the City of Yakima to provide firearms training services to the Yakima Police Department. SUBMITTED BY: Chief Don Blesio CONTACT PERSON/TELEPHONE: Chief Don Blesio - 575-6211 SUMMARY EXPLANATION: Commissioned employees of the Yakima Police Department are required to maintain firearms certification quarterly. Due to reductions in force, we can no longer afford to assign commissioned personnel to provide this training and certification. Mr. Yarger holds Washington State and national firearms training certifications. He is familiar with the training and certification requirements of this department and has provided firearms training to the Yakima Police Department for approximately fifteen years. The fiscal impact to the City is $6,426 per quarter based upon 360 hours of training provided quarterly, at a rate of $17.85 per hour. The City will benefit economically by reducing the amount of overtime expended to provide full patrol coverage while an officer is assigned to range duty. Resolution X Ordinance Contract Other (Specify) Funding Source General Fund APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: It is recommended the Council enact the resolution authorizing execution of this agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-123