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HomeMy WebLinkAboutR-1998-056 Agreement / Defensive Driving Training / Yakima Valley Conference of Governments / Human ResourcesRESOLUTION NO. R-98- 5G A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a defensive driving services agreement with the Yakima Valley Conference of Governments. WHEREAS, the City needs specialized training in the area of defensive driving for City employees; and WHEREAS, the Yakima Valley Conference of Governments has experience and expertise to defensive driving training services and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with the Yakima Valley Conference of Governments for said defensive driving training services in accordance with 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 of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Defensive Driving Services Agreement with the Yakima Valley Conference of Governments. The final form of the Agreement shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 21st day of April, 1998. D ATTEST: John Puccinelli, Mayor City Clerk Defensive driving/INCDO.pm DEFENSIVE DRIVING SERVICES AGREEMENT THIS DEFENSIVE DRIVING 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 the Yakima Valley Conference of Governments, a non-profit corporation, hereinafter the "Contractor." WHEREAS, the City needs specialized training in the area of defensive driving for City employees. WHEREAS, Contractor has experience and expertise in defensive driving 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. Scope of Training Services/Materials. a. Contractor shall provide the following services and materials to the City: i. Eight (8) half-day workshops on defensive driving techniques. Each of these workshops shall have a maximum of fifty (50) participants and shall generally be held between 8:00 a.m. to 12:00 p.m., and 1:00 p.m. to 5:00 p.m. ii. All necessary course materials for the workshops. iii. All necessary travel and lodging arrangements for workshop instructors. iv. A "Certificate of Attendance" to each City employee completing workshop training. The Contractor shall schedule the workshops based upon instructor availability, existing workloads, and availability of training facilities; provided, however, that the Contractor shall complete all eight (8) workshops by June 30, 1998. b. The City shall: i. Provide a suitable training space for the workshops. Page 1 of 4 (Ik)agr/defensive driving council -pm ii. Provide minor audio visual equipment (overhead projector, screen for projector, and flip chart). iii. At its discretion, provide refreshments to workshop participants. iv. Cooperate with Contractor to schedule workshops at mutually agreeable dates. vi. In order to receive "Certificates of Attendance," provide Contractor with a list a participants within two (2) weeks after completion of defensive driving program. 2. Consideration. The City agrees to provide the Contractor a total of Four Thousand Five Hundred and Sixty Dollars ($4,560.00) as full compensation for all training services performed under and pursuant to this Agreement. This compensation is based upon the Contractor providing defensive driving training services to approximately four hundred (400) City employees through eight (8) workshops of fifty (50) participants per workshop at a cost of Five Hundred and Seventy Dollars ($570.00) per workshop. The Contractor shall submit satisfactory documentation/invoice evidencing said services to the City Personnel Officer at the end of each month in which training services are provided to the City. The City shall make payment to the Contractor within thirty (30) calendar days upon receipt of each monthly invoice. All payments are expressly conditioned upon the Contractor providing training services hereunder that are satisfactory to the City. 3. Term of Agreement. The term of this Agreement shall commence upon execution hereof and shall terminate at 12:00 p.m., June 30, 1998, unless sooner terminated by either party in accordance with Section 13 of this Agreement. Contractor shall make whatever time investments are necessary for the full completion of said services on or by June 30, 1998. 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. 5. Taxes and Assessments. Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, sales tax, 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 Agreement. In the event the City is Page 2 of 4 (Ik)agr/defensive driving council -pm 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, Contractor 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. 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 for Contractor and/ or its employees. 9. 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. 10. 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. 11. 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. 12. 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. 13. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days prior written notice of termination. In the event of such termination, the City shall compensate Contractor for training services provided through the date of termination of the Agreement. Page 3 of 4 (lk)agr/defensive driving coundl•ps 14. 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: Personnel Officer Human Resources Division 129 North Second Street Yakima, WA 98901 To Contractor: Edna Mauch Conference Chair Yakima Valley Conference of Governments 6 South 2nd Street, Suite 605 Yakima, WA 98901 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. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16. 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: R. A. Zais, Jr. City Manager Date: ,) r t I t .. f /999 ATTEST: j J City Clerk City Contract No. 98-51 Resolution No. R-98-56 Page 4 of 4 (lk)egr/defensive driving council -pm YAKIMA VALLEY CONFERENCE OF GOVERNMENTS By: Edna Mauch, Conference Chair Date: % "qe BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. % 3 For Meeting Of 4/21/98 ITEM TITLE: Service Agreement Contract for City Wide Defensive Driving Training with Yakima Valley Conference of Government SUBMITTED BY: Archie M. Sutton, Personnel Officer Tom Allen, Executive Safety Committee Chair CONTACT PERSON/TELEPHONE: Archie M. Sutton, 575-6090 SUMMARY EXPLANATION: The attached Resolution authorizes the City Manager to execute a service contract agreement with Yakima Valley Conference of Governments for City wide Defensive Driving Training. The Defensive Driving Training shall cover all City of Yakima employees who drive City equipment or vehicles. The estimated training amount shall be Five Hundred Seventy dollars ($570) per workshop session. This shall provide up to eight (8) separate workshops for a maximum of fifty (50) employees per workshop at a flat rate of Five Hundred Seventy dollars ($570) per workshop session. Each workshop session shall be four (4) hours in duration. The following dates have been selected for the training session workshops; April 30, 1998, May 7, 13, and 20th of 1998. The starting times for selected dates are eight (8:00 a.m.) to twelve (12:00 p.m.) and one (1:00 p.m.) to four (4:00 p.m.). The individual employee cost shall bereieven dollars and forty cents ($11.40) for workshop session attendance of fifty (50) city employees. Resolution Ordinance Contract XX Other (Specify) Defensive Driving Training Funding Source: Departments or Divisions Operating Budgets APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Recommend approval BOARD/COMMISSION RECOMMENDATION: Executive Safty Committee recommend approval COUNCIL ACTION: