HomeMy WebLinkAboutR-1993-021 Training41111/ RESOLUTION NO. R-93- 2 1
A RESOLUTION authorizing and directing the City Manager and City Clerk of the
City of Yakima to execute a personal consulting services
agreement with Personnel Tech, Inc for a conflict resolution
training in the Fire Department.
WHEREAS, the City needs consulting services to provide conflict resolution
training in the Fire Department, and
WHEREAS, David Hiestand, President of Personnel Tech, Inc , has 22 years of
experience as a human relations consultant/trainer specializing in training and
human resource issues, and as such, is well qualified to work closely with Fire
Department personnel to provide such training needs; and
WHEREAS, Personnel Tech, Inc has proposed terms and conditions of an
agreement w hich are in the City 's best interest, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager and City Clerk of the City of Yakima are hereby directed to
e \ecute a Personal Consulting Services Agreement with Personnel Tech, Inc , a cop)
of w hich is attached and incorporated by this reference
ADOPTED BY THE CITY COUNCIL this day of Wrg- , 1993
ATTEST Mayor
,x1 ,
City Clerk
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PERSONAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is entered into thism
crSol—i day of , 1993, between
the City of Yakima, whose address is 129 North 2nd Street,
98901, (hereafter "City") and Personnel Tech, Inc , whose address is P0 Box
112216, Tacoma, Washington 98411, (hereafter "PT")
Yakima, Washington
In consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
1 DUTIES AND RESPONSIBILITIES: PT shall provide conflict resolution
training to the City Fire Department. This will consist of up to three training
sessions, the exact number being in Fire Department management's discretion.
Each session will have no more than twenty (20) members of the Fire Department.
Each session will consist of two and one-half days scheduled as listed below, plus a
one -half-day session to assess progress and impact.
Conflict Resolution Schedule
Day 1
(8.30 a.m. - 5.00 p m.)
Day 2
(8.30 a.m. - 5.00 p.m.)
Introduction
Identification of Issues
Stress Management Techniques
Conflict Film
Approaches to Conflict Resolution
Intro -Recap
Interpersonal Influence Inventory
and Discussion of Results
Video Role -Play
Critique of Role -Play
Model for Conflict Resolution
Day 3 Intro -Recap
(8 30 - noon) Managing Differences Inventory
and Discussion of Results
2. TIME OF PERFORMANCE. PT shall perform and complete the services
specified in Section 1 of this Agreement as follows:
The starting date of each session will be set by Department
management, in consultation with PT PT will make its best effort to comply
with the needs of the Department on timing of each session. This will
include PT's consulting with the Department before making other business
commitments prior to April 1, 1994
Each session will have the two -and -a -half-day component held on
consecutive business days. Each session will be followed by a one -half-day
session approximately ninety (90) days later, as set by Department
management in consultation with PT
All sessions will be completed no later than April 4, 1994
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3 PAYMENT. In consideration of services provided by PT as specified in
Section 1 of this Agreement, the City agrees to pay FT
(a) $3,300.00 for each three-day session, and
(b) meals, lodging, and mileage for each session as follows:
Meals: $30.00 a day
Lodging: 545 00 a night
Mileage: $ 28 a mile
All payments shall be made within thirty (30) days of invoicing by PT PT shall
supply receipts for lodging. Round-trip mileage shall be 322 miles per trip from
Tacoma to Yakima and return.
The City will provide the meeting room, refreshments, and audio visual
equipment necessary for meetings and/or training.
4. INDEPENDENT CONTRACTOR. It is agreed and understood that PT is a
Washington Corporation and independent contractor and not an employee of the
City of Yakima. PT shall make no claim of City employment nor shall claim any
related employment benefits from the City, including but not limited to medical
benefits, social security, and retirement. PT shall not be subject to the control or
direction of City officers or City employees. PT shall protect, defend, indemnify,
and hold the City harmless from and against any claims, demands, causes of
action, liabilities, damages, and injuries arising out of or relating to this
Agreement. PT shall not in any way represent, obligate, or act on behalf of the
City, contractually, or otherwise.
5. TAXES AND ASSESSMENTS: PT 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, PT shall pay the same before it becomes due.
6. NON-DISCRIMINATION IN SERVICES PT shall not, on the grounds of
race, color, sex, religion, national origin, creed, marital status, age, or the
presence of any sensory, mental, or physical disability
A. Deny any individual any services or other benefits provided under
this Agreement;
B. Provide any service(s) or other benefits to an individual which are
different or are provided in a different manner, from those provided to
other under this Agreement;
Subject an individual to segregation or separate treatment in any
manner related to his receipt of any service(s) or other benefits provided
under this Agreement;
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111 Deny any individual an opportunity to participate in any program
provided by this Agreement through the provision service(s) or otherwise,
or afford him/her an opportunity to do so which is different from that
afforded others under this Agreement.
7 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.
8. ASSIGNMENT: PT shall not assign this Agreement 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 PT
9 TERMINATION: In the event PT fails to comply with any of the terms and
conditions of this Agreement in such a manner that the City Manager deems that
the continuation of this Agreement is no longer in the best interest of the City,
the City Manager may terminate this Agreement upon three (3) calendar days
written notice to VT
10. NOTICES Except as provided in Section 3 above, all notices and demands
shall be in writing and sent to the parties at their addresses as follows
To City
To Personnel Tech, Inc
City of Yakima
City Hall
129 North 2nd Street
Yakima, WA 98901
c/o David E. Hiestand, President
Personnel Tech, Inc.
3901 South Fife, Suite 101
Tacoma, WA 98409
or to such addresses as the parties may hereafter designate in writing. Notices
and 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.
11 LITIGATION 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 court costs, such sums as the court may adjudge as reasonable attorney
fees. The venue for any action to enforce or interpret this Agreement shall lie in
the Superior Court of Washington for Yakima County, Washington.
12. CONFIDENTIALITY PT will disclose or discuss no aspect of the conflict
resolution training, participant input, or negotiations leading to this contract,
with any person or entity not involved in the training sessions, without the prior
written permission of Fire Department management PT will maintain all files
dealing with this subject in a confidential manner and with sufficient security
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measures so as to foreclose the possibility of accidental or deliberate access by
third parties.
CITY OF YAKIMA, WASHINGTON
B)
Dick Zais, Cit Manager
Dated, aft --,1-Q / 3
A I I EST
By. /6.6ou,__.„.
City Clerk
Dated,
C1.3" --)CC 103
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DAV HIESTAND,
OR/CONSU
Dated
By
Dated,