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.
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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
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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.
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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
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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: