HomeMy WebLinkAboutDennis Miner - Firearms Training and Armory Services AgreementPROFESSIONAL SERVICES CONTRACT
THIS PROFESSIONAL SERVICES CONTRACT is made and entered into by and
between the City of Yakima, a Washington municipal corporation (hereafter the "City"), and
Dennis Miner (hereafter the "Contractor").
WHEREAS, the City of Yakima requires professional services for work relating to
firearms for the City of Yakima;
WHEREAS, the Contractor represents that he has the expertise necessary and is willing
to perform the professional services required by the City in accordance with the terms and
conditions of this Contract;
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:
Section 1. Statement of or
1.1 The professional services that the Contractor will provide to the Yakima Police Department
("YPD") include:
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.
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1.3 The Yakirna Police Department shall provide the Contractor the f6floWing:
a. Payment for the registration cost for one course associated with firearms during each
calendar year. The tool kit that the Contractor previously received from the Smith
and Wesson M Pistol Armorer Course that Contractor attended will remain the
property of the City of Yakima. Contractor will be responsible for any course costs
associated with travel, lodging and meals.
1.4 All provisions of this Contract are intended to be complementary, and any Services
required by one and not mentioned in another shall be performed to the same extent as
though required by all. Details of the Services that are not necessary to carry out the intent
of this Contract, but that are not expressly required, shall be performed or furnished by
Contractor as part of the Services, without any increase in the compensation otherwise
payable under this Contract.
Section 2. Period of Performance
2.1 The period of performance under this Contract will commence on January 1, 2019, and
continue through December 31, 2020. An additional extension of one (1) two-year to
may be offered, at the option of the City, making the contract to a maximum period of
performance to December 31, 2022. In the event the City elects to extend the Contract for
one additional two-year (2 -year) term, the City shall provide written, notice of an extension
to the Contractor at least ninety (90) days prior to the end of the Contract period, or on or
before October 1, 2020. The City's option to extend the Contract for one additional two-
year (2 -year) term is subject to a mutually satisfactory agreement between the parties on
the value of the services during the additional two-year (2 -year) period.
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12 The City and Contractor mutually agree that the Contractor"s compensable hours worked
shall not exceed One Thousand Sixty Hours (1,060 hours) per year.
W40141,11
3.4 Any additional service(s) provided by the Contractor which are to be paid by the City must
have prior written approval of the City.
Section 4. Performance by Contractor
4.1 Delegation of Professional Services, The services provided under this Contract shall be
performed by Contractor, and no person, other than Contractor shall be engaged on such
work or services. Contractor shall not (by contract, operation of law or otherwise) delegate
or subcontract performance of any Services to any other person or entity without the prior
written consent of the City. Any such delegation or subcontracting without the City's prior
written consent shall be voidable at the City's option.
No delegation of subcontracting of performance of any of the Services, with or without the
City's prior written consent, shall relieve Contractor of Contractor's responsibility to
perform the Services in accordance with this Contract. Contractor shall be fully
responsible for the performance, acts and omissions of Contractor's employees, if any,
Contractor's subcontractors, and any other person who performs or furnishes any Services
(collectively, the "Support").
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42 Contractor shall at all times be an independent contractor and not an agent, or representative
of the City with regard to performance of the Services. Contractor shall not represent that
he is, not: hold himself out as, an agent or representative of the City. In no event shall
Contractor be authorized to enter into any agreement or undertaking for or on behalf of the
City.
4.3 Contractor shall perfortri the Services in a timely manner and in accordance with the
standards of the profession. At the time of perforinance, Contractor shall be properly
licensed, equipped, organized, and financed to perform the Services in accordance with
this Contract. Subject to compliance with the requirements of this Contract, Contractor
shall perform the Services in accordance with his own methods.
Section 5. Compliance with Laws
5A Contractor shall comply with all applicable laws, ordinances, rules, regulations, orders,
licenses, permits, and other requirements, of any governmental authority (including, but not
Bruited to, such requirements as may be imposed upon the City and applicable to the
Services). Contractor shall furnish such documents as may be required to effect or
evidence such compliance. All laws, ordinances, rules and orders required to be
incorporated in agreements of this character are incorporated in this Contract by this
reference.
Section 6. Taxes and Assessments
Section 7, Nondiscrimination Provision
TI During the performance of this Contract, Contractor shall not discriminate in violation of
any applicable federal, state and/or local law or regulation on the basis of race, age, color,
sex, religion, national origin, creed, marital status, disability, honorably discharged veteran
or military status, pregnancy, sexual orientation, political affiliation, or the presence of any
sensory, mental or physical handicap, and any other classification protected under federal,
state, or local law. 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 forrns of compensation, selection for training, and the
provision of Services under this Contract.
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Section 8. Inspection and Production of Records
8.1 The records relating to the Services shall, at all times, be subject to inspection by and with
the approval of the City, but the making of (or failure or delay in making) such inspection
or approval shall not relieve Contractor of responsibility for performance of the Services
in accordance with this Contract, notwithstanding the City's knowledge of defective or
non -complying performance, its substantiality or the ease of its discovery. Contractor's
records relating to the Services will be provided to the City upon the City's request.
8.2 The firearms records, training records, and records relating to the professional services of
Contractor pursuant to this Contract are to be kept at the Yakima Police Department.
8.3 Contractor shall promptly furnish the City with such information and records which are
related to the Services of this Contract as may be requested by the City. Until the expiration
of three (3) years after final payment of the compensation payable under this Contract, or
for a longer period if required by law or by the Washington State Secretary of State's record
retention schedule, Contractor shall retain and provide the City access to (and the City shall
have the right to examine, audit and copy) all of Contractor's books, documents, papers
and records which are related to the Services performed by Contractor under this Contract.
8.4 All records relating to Contractor's services under this Contract must be made available to
the City, and the records relating to the services are City of Yakima Police Department
records. They must be produced to third parties if required pursuant to the Washington
Public Records Act, Chapter 42.56 RCW or by law. All records relating to Contractor's
services under this Contract must be retained by Contractor for the minimum period of
time required pursuant to the Washington State Secretary of State's record retention
schedule.
Section 9. Property and Confidential Information
9.1 Contractor shall not, without the prior written consent of the City, disclose to third parties
any information received in connection with the Services unless:
a. information is known to Contractor prior to receiving the same directly or indirectly
in connection with the Services;
b. inforination is in the public domain at the time of disclosure by Contractor; or
c� information is received by Contractor from a third party who does not have an
obligation to keep the same confidential.
Section 10. Indemnification and Hold Harmless
10,1 The Contractor agrees to protect, defend, indemnify, and hold harmless the City, its elected
officials, officers, employees and agents frorn any and all claims, demands, losses, liens,
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liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs
and expenses (including reasonable attorneys' fees and disbursements), resulting from
negligent acts and/or omissions or willful misconduct of the Contractor or his agents arising
out of the performance of this Contract.
10.3 The City agrees to protect, defend, indemnify, and hold harmless the Contractor from any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including reasonable attorneys'
fees and disbursements), resulting from Contractor's services under this Contract or arising
out of Contractor's performance of this Contract where Contractor operates in good faith
within the scope of this Contract, is not negligent and does not engage in willful
misconduct.
10.4 The terms of this Section shall survive any expiration or termination of this Contract.
10.5 Nothing contained in this Section or this Contract shall be construed to create a liability or
a right of indemnification in any third party.
Section 11. Insurance Provided by Contractor
ILI At all times during performance of the Services, the Contractor shall secure and maintain
in effect insurance to protect the City and the Contractor from and against all claims,
damages, losses, and expenses arising out of or resulting from the performance of this
Contract. Contractor shall provide and maintain in force insurance in limits no less than
that stated below, as applicable. The City reserves the right to require higher limits should
it deem it necessary in the best interest of the public.
11.2 Commercial Liabilitv Insurance. Before this Contract is fully executed by the parties,
Contractor shall provide the City with a certificate of insurance as proof of commercial
liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00)
per occurrence combined single limit bodily injury and property damage, and Two Million
Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits,
such limits shall be shown on the Certificate of hisurance and Endorsements and the City
of Yakima, its elected officials, officers, agents, and employees shall be nained as
additional insureds for such higher limits. The certificate, shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract. The
policy shall name the City of Yakima, its elected officials, officers, agents, and employees
Professional Services Contract Between
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12.1 The City may, at any time by written notice thereof to Contractor, make changes in the
Services within the general scope of this Contract (including, but not limited to, additions
to or deletions from any Services, suspension of performance and changes and location of
performance).
12.2 If any change under paragraph 12.1 causes a significant increase or decrease in the cost of
the time required for performance of the Services, an equitable adjustment in the
compensation and schedules under this Contract shall be negotiated to reflect such increase
or decrease, and this Contract shall be modified in writing accordingly. Such equitable
adjustment shall constitute full compensation to Contractor for such change. If any change
under paragraph 12.1 results in a decrease in the Services to be performed, Contractor shall
not be entitled to anticipated profit on Services not performed and the loss of anticipated
profit shall not reduce the decrease in compensation under this Contract resulting from
such exchange. Further, Contractor shall not be entitled to any reallocation of cost, profit
or overhead.
12.3 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable
adjustment under paragraph 12.2, Contractor shall immediately proceed with perfortriance
of the Services as changed pursuant to paragraph 12.1. If Contractor intends to assert a
claim for equitable adjustment under paragraph 12.2, Contractor must, within thirty (30)
days after Contractor's receipt of any notice under paragraph 12.1 that does not set forth
an acceptable adjustment, submit to the City a written statement of the basis and nature of
the adjustment claimed. Contractor shall not be entitled to any adjustment unless such
written statement is submitted by Contractor to the City within the applicable period.
Professional Services Contract Between
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Section 13. Termination
13.1 The City may, by giving the Contractor thirty (30) calendar days written notice of
termination, terminate this Contract as to all or any portion of the Services not then
performed, whether or not Contractor is in breach or default, and with or without cause,
Upon receipt of any such notice of termination, Contractor shall, except as otherwise
directed by the City, immediately stop performance of the Services to the extent specified
in such notice, Contractor shall have the same termination rights as the City in Section 13.
112 In the event of termination pursuant to paragraph 13. 1, an equitable adjustment shall be
made in the compensation payable to Contractor tinder this Contract, provided that such
compensation as so adjusted shall in no event exceed a percentage of the total
compensation otherwise payable under this Contract equal to the percentage of the Services
satisfactorily completed at the time of termination. Further, Contractor shall not be entitled
to any reallocation of cost, profit or overhead. Contractor shall not in any event be entitled
to anticipated profit on Services not performed on account of such termination, Contractor
shall use his best efforts to minimize the compensation payable under this Contract in the
event of such termination.
13.3 If the City purports to terminate or cancel all or any part of this Contract for Contractor's
breach or default when Contractor is not in breach or default which would permit such
termination or cancellation, such termination or cancellation shall be deemed to have been
a termination by the City pursuant to paragraph 13A and the rights of the parties shall be
determined accordingly.
Section 14. Miscellaneous
14.1 Assignment, This Contract, 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.
14.2 No Conflict of Interest. Contractor represents that be and/or his employees, if any, do 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 Contract. Contractor further
covenants that he will not hire anyone or any entity having such a conflict of interest during
the performance of this Contract.
143 No Insurance. It is understood that the City does not maintain liability insurance for
Contractor and/or his employees.
14.4 Severability. If any portion of this Contract is changed per mutual agreeme�nt or any portion
is held invalid, the remainder of the Contract shall remain in full force and effect.
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14.5 Integration. This written document constitutes the entire agreement between the City and
Contractor. There are no other oral or written Contracts between the parties as to the
subjects covered herein. No changes or additions to this Contract shall be valid or binding
upon either party unless such change or addition be in writing and executed by both parties.
14.6 Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY: City Manager AND TO: Chief of Police
City of Yakima Yakima Police Department
City Hall — First Floor City of Yakima
129 North Second Street 200 South Third Street
Yakima, WA 98901 Yakima, WA 98901
TO CONTRACTOR: Dennis Miner
P.O. Box 367
Selah, WA 98942
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 hand delivered at the addresses specified
above, or three (3) days after the date of mailing to the addresses specified above.
14.7 Governing Law. This Contract shall be governed by and construed in accordance with the
laws of the State of Washington.
14.8 Venue. The venue for any action to enforce or interpret this Contract shall lie in the
Superior Court of Washington for Yakima County, Washington.
ordyfirdreTSVIMM
B CLE%r2�A,
Cliff Me, City Manager
Date: � f t-1 ( (
ATTI�:
By
City Clerk
City Contract
Professional Services Contract Between
City of Yakima and Dennis Miner — Page 9
DENNIS MINER
B
Dennis Miner
Date: Q I - 0 '3 - 20 1 "1
STATE. OF WASHINGTON
ss.
COUNTY OF YA LIMA
I hereby certify that I know or have satisfactory evidence that Dennis Miner is the person
who appeared before me, and said persue acknowledged that he signed this instrument, and on
oath stated that he was authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and,purposes mentioned in the instrument.
DATED thi day of 2011
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rent 1 e:
TARP rBLIC in ingat and for the State of
WashMy appoint tent empires: r�
Professional Services Contract Between
City of Yakima `ma d Dennis Miner — Page 10
Policy Change
Number 1
THIS ENDORSEMENT CHANGES THE CERTIFICATE. PLEASE READ IT
CAREFULLY
CERTIFICATE CHANGES
CERTIFICATE NO. COMPANY
CHANGES EFFECTIVE
M 1 10022 13 Certain Underwriter's at
11/9/2018 Lloyd's, Landon
[N—AMEID INSURED
Dennis Miner
CERTIFICATE.. TYPE AFFECTED
Instructor Plus Insurance Policy
CHANGES
Amend Additional Insured as follows:
Yakima Pollee Department
129 N. 2nd St
Yakima, WA 98901
No Premium Change
Polar Term: From: 04/01/2018 TO: 04/01/2019
Authenzed Represents '
t( 1201 mstren Acct #: 2173957