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HomeMy WebLinkAboutR-2004-197 Rod Yarger Professional Services Agreement (firearms training)RESOLUTION NO. R 2004 - 197 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Rod Yarger for the provision of professional firearms training and related services. WHEREAS, the City of Yakima Police Department requires professional firearm training and related services; and WHEREAS, Rod Yarger has the experience and expertise necessary to provide the required services, has been providing them to the City, and is willing to continue to do so in accordance with the terms and conditions of the attached professional services agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached professional services agreement with Rod Yarger for the provision of professional firearm training and related 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 Services Agreement" with Rod Yarger for the provision of professional firearm training and related services. ADOPTED BY THE CITY COUNCIL this 14th day of December, 2004. ATTEST: 'Paul P. George, Mayor City Clerk 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 (YPD): a. Firearms training, including necessary assistance to YPD designated firearms instructors for classroom instruction, reserve academy, Police Explorer 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. c. 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. d. 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. e. Law enforcement officer firearm training and certification as specified by the Washington State Criminal Justice Training Commission. f. 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 Twenty -One Dollars and Thirty Cents ($21.30) per hour. The total quarterly compensation provided to the Contractor under this Agreement shall not exceed Seven Thousand and Six Hundred and Sixty -Eight Dollars ($7,668.00) based upon a maximum number of three hundred and 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, updated training and supplies. Contractor shall submit a monthly invoice by the 30th of each month to the City evidencing all services provided during the month. The City shall make payment to Contractor on a regular monthly payday, no later than the tenth (10th) day of the month. 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. 5. 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 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 act 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 insured, 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 a company 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. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. 16. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the 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 shallbe 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: Samuel Granato Police Chief Police and Legal Center 200 S 3rd St Yakima, WA 98901 To Contractor: Rod Yarger 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. • CITY OF By: R.A. Z. s, Jr. City Manager Date: I of ATTEST: '={ s—r, City Clerk CONTRACTOR By: Rod Yarge Date: / 2/i 7/0V ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAK MA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of 12-14-04 Consideration of a resolution authorizing the City Manager to execute a professional services agreement with Rod Yarger for professional firearms training and related services for the Yakima Police Department, SUBMITTED BY: Chief Sam Granato, Police Department CONTACT PERSON/TELEPHONE: Lt. Mike Merryman - 575-6218 SUMMARY EXPLANATION: The Yakima Police Department executed a professional services agreement with Rod Yarger on August 15, 2001. Yarger has provided firearms instruction to its employees for their safety and the safety of the citizens of the City of Yakima since that time. Yarger possesses the experience and expertise to provide the required instruction services for the Yakima Police Department in accordance with the terms and conditions of a Professional Services Agreement with the Department. Yarger is currently paid $17.85 per hour with a 120 -hour cap per month. It is not uncommon for Yarger to work beyond his contracted hours to meet the training needs of the department. Currently Yarger provides his own liability insurance in the sum of $1,000,000.00. The cost of this policy is $1,100.00 per year paid by Yarger. Staff is requesting the City Council authorize the City Manager to execute the attached professional services agreement with Rod Yarger that will provide him with an increase in compensation of $3.45 an hour, bringing his total hourly compensation to $21.30 an hour with a 120 hour per month cap. As the firearms contractor, Yarger has been able, to save the City several thousands of dollars in firearm repairs and adjustments that have been needed for the department and for officers' weapons. This precluded having to send weapons out for repairs that would have left the department and officers without duty weapons for extended periods of time. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-197 ACORD„, CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DD/YYYY) 09/25/2006 PRODUCER NRA Endorsed Insurance Program Administered By Lockton Risk Services Kansas City MO 64187-4952 800-472-7771 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED RODNEY LEE YARGER 1504 S. 26TH AVENUE YAKIMA, WA 98902 A INSURER A. Certain Underwriter's at Lloyd's, London GENERAL INSURER B: 12919098 INSURER C. 10/15/2007 INSURER D• $ 1 n00, 000 $ 50 000 INSURER E: DAMAGE TO RENTED PREMISES (Ea occurence) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR FADD'L LTR NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATEIMM/DD/YY) POLICY EXPIRATION DATEIMM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 12919098 10/15/2006 10/15/2007 EACH OCCURRENCE $ 1 n00, 000 $ 50 000 X DAMAGE TO RENTED PREMISES (Ea occurence) CLAIMS MADE X OCCUR MED EXP (Any one person) $ 55 000 PERSONAL & ADV INJURY $ 1 000 000 $ 1,000,000 X Professional Liab GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1 000 000 X POLICY PRO- JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ , PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION S $ S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below I WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is Additional Insured as respects: use of premises for firearms instruction CERTIFICATE HOLDER CANCELLATION Yakima Police Department 200 S. 3rd St. Yakima, WA 98903 ACORD 25 (2001/08) DS#5129623 919098 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1' OSE NO 'BLIGAT 0 LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR R RESENTA ES. AUTH.' ,3j •'ES ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insureds), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)