HomeMy WebLinkAboutR-2004-060 Marta E. Bohn Agreement (spanish language services)RESOLUTION NO. R 2004 - 60
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute a professional services agreement between the City of Yakima
and Marta E. Bohn for the provision of Spanish language instruction
services.
WHEREAS, City of Yakima Police Department employees interact with monolingual
Spanish-speaking residents of the City on a regular basis; and
WHEREAS, the City requires assistance with Spanish language instruction services on
an as -needed basis; and
WHEREAS, Marta E. Bohn has the experience and expertise necessary to provide the
required instruction services and is willing 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 Marta E. Bohn for the
provision of Spanish language instruction 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 Marta E. Bohn for the
provision of Spanish language instruction services.
ADOPTED BY THE CITY COUNCIL this 13th day of April , 2004.
ATTEST: Paul P. George, Ma or
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 municipal corporation
(hereinafter the "City"), and Marta E. Bohn, (hereinafter "Contractor").
WHEREAS, the City requires specialized services to provide Spanish lessons to members
of the City's Police Department.
WHEREAS, Contractor has the experience and expertise necessary to perform the
specialized services required by the City.
WHEREAS, the specialized services are outside the usual course of business of the City of
Yakima.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
set forth herein, it is agreed by and between the City and Contractor as follows:
1. Scope of Services. Contractor shall provide Spanish language instruction services to
employees of the City of Yakima, upon request.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
continue until terminated by either party in accordance with Section 20 of this Agreement.
3. Consideration. As consideration for the services performed pursuant to this Agreement,
the City agrees to compensate Contractor at the rate of Fifty Dollars ($50.00) per hour of
instruction. The Contractor shall provide the City with an itemized invoice/billing no later than
thirty (30) calendar days after the services are provided. The City shall make payment to the
Contractor within thirty (30) calendar days upon receipt of each invoice/billing; provided,
however, that the Contractor waives any and all claims for compensation for services where the
Contractor has failed to provide the City with an itemized invoice/billing for said services within
sixty (60) calendar days of providing said services. All payments are expressly conditioned upon
the Contractor providing training services hereunder that are satisfactory to the City.
4. Independent Contractor Status of Contractor. 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. Contractor, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the services required under this Agreement free
from supervision by the City over the methods and details of performance except as provided
herein.
Additionally, and as an independent contractor, Contractor shall make no claim of City
employment nor shall claim against the City any related employment benefits, social security,
and/or retirement benefits, provided, however that Contractor may be eligible for industrial
insurance from the City. Nothing contained herein shall be interpreted as creating a relationship
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of servant, employee, partnership or agency between Contractor or any officer, employee or agent
of Contractor and the City.
5. Confidentiality. Contractor agrees that any information received by Contractor during
the course of Contractor's performance under the terms of this Agreement that concern the
investigation of criminal conduct or other confidential matters prohibited from public disclosure
shall be kept in full confidence and shall not be revealed to any other person, firm, organization,
or entity, except as required by law, without prior written authorization by the City.
6. Warranty. Contractor warrants that all services provided hereunder shall be furnished in
a manner consistent with industry standards and the level of professional skill generally acceptable
in the industry with regard to the services of this kind.
7. Taxes and Assessments. Contractor shall be solely responsible for compensating its
employees and for paying all related taxes, deductions, and assessments, including but not limited
to, federal income tax, FICA, social security tax, assessments for unemployment and other
deductions from income which may be required by law.
8. Nondiscrimination Provision. During the performance of this Agreement, Contractor
shall not discriminate in violation of any applicable federal, state and/or local law or regulation on
the basis of race, 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.
9. The Americans With Disabilities Act. 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.
10. Compliance With Law. Contractor agrees to perform those 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.
11. Safety. Contractor shall be responsible for complying with all relevant safety laws and
regulations and for taking all necessary safety precautions in connection with the performance of
this Agreement in order to protect all persons and property.
12. No Insurance. It is understood the City does not maintain liability insurance for
Contractor and/or its employees.
13. Indemnification and Hold Harmless. Contractor shall defend, indemnify, and hold
harmless the City, its elected officials, agents, officers, and employees from and against all claims,
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causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but
not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from
Contractor's performance or non-performance of the services, duties and obligations required of
it under this Agreement.
14. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by 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 stated
herein.
15. 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.
16. Damages. If for any reason the Contractor fails to provide the services required under
this Agreement, the Contractor shall be liable for any and all additional expenses incurred by the
City in securing such services elsewhere.
17. No Conflict of Interest. Contractor represents that he/she 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. Further, the Contractor specifically represents
that he/she is not an officer or an employee of the City, nor does he/she reside with or contribute
monetary amounts to any City employee or officer.
18. 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.
19. 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.
20. Termination. Either party may terminate this Agreement, with or without cause, by
giving the other party ten (10) days written notice of termination.
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- 21. 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.
._22.- , Notices. Unless stated otherwise herein, all notices and demands. shall be in -writing and
sent to the parties to their addresses as follows:
TO CITY:
TO CONTRACTOR:
Chief of Polite- _ -
Yakima Police Department
200 S. 3rd. Street.
Yakima, WA 98901
(509) 575-6200
or to such other 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.
23. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
24. 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 CONTRACTOR
By:
Richard A. Zais,.
City Manager
DATE: %/
City Contract No. o?OCJ.+'— d
€S olut, m.) 0300 4/-10
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By:
Print Name:
DATE:
A//'
CONTRACT NO. 02.430.1/—....5-0
IRS FORM 1099 (MIS)
The U.S. Internal Revenue Code requires the City of Yakima to file "IRS FORM 1099" for
certain payments which total an aggregate of $600 or more during the calendar year.
When a correct taxpayer identification number, such as a Social Security Tax I.D. number, has
not been furnished, the City of Yakima must withhold from payments a tax equal to 31%.
To assist the City of Yakima in meeting the Internal Revenue Service reporting requirements and
for you to avoid the 31% withholding requirement, please complete the items below, sign and
date.
Name:
Address:
City: State Zip
Work Phone No. Home Phone No.
Tax I.D. Number
Social Security Number:
Check one: Individual ( )
Corporation ( )
Partnership ( )
Professional Service Corp. ( )
Sole Proprietorship ( )
Authorized Signature Date
If you believe payments to you by the City of Yakima are exempt from the Internal Revenue
Service reporting requirements, please supply us with an explanation of the exemption with
reference to the appropriate Internal Revenue Code Regulations providing for such exemption.
NOTE: Even if you subsequently give us your Tax Identification Number, the City of Yakima
cannot pay the withheld amount to you. Once the 31% portion has been withheld, you must file a
tax return to receive credit for the withheld amount.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 2-
For Meeting of 4-13-04
ITEM TITLE: Consideration of a Resolution authorizing the City Manager to execute
a professional services agreement between the City of Yakima and
Marta E. Bohn for the provision of Spanish language instruction
services.
SUBMITTED BY: Chief Sam Granato, Police Department
CONTACT PERSON/TELEPHONE: Lt. Mike Merryman - 575-6218
SUMMARY EXPLANATION:
The Yakima Police Department desires to provide Spanish language instruction to its
employees to enhance personal interaction between members of the Department and
members of the Spanish speaking public.
The Police Department regularly interacts with Spanish-speaking community members and is
many times hampered by the inability to speak and understand the Spanish language.
Employees possessing this ability will be able to provide a higher level of service to the
Yakima community.
An instructor has been identified who possesses the experience and expertise to provide the
required instruction services and is willing to do so in accordance with the terms and
conditions of a Professional Services Agreement with the Department.
Staff is requesting the City Council direct the City Manager to execute a professional services
agreement between Marta E. Bohn and the Yakima Police Department for the provision of
Spanish language instruction.
Resolution X Ordinance Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL: �� —
City Manager
STAFF RECOMMENDATION: Staff recommends the Council adopt the attached
Resolution directing the execution of a Personal Services Agreement between the Yakima
Police Department and Marta E. Bohn for the purpose of providing Spanish language
instruction to employees of the Yakima Police Department.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R 2004-60