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HomeMy WebLinkAboutR-2010-005 Educational Fitness Programs Service Agreement with Jay CarlsonRESOLUTION NO. R-2010-05 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract with Jay Carlson to provide professional physical fitness training to City employees for the "Fit For Life Women & Men's Body -For -Life Challenge" at City Hall. WHEREAS, the City of Yakima is encouraging health and physical fitness for all its employees; WHEREAS, the City has decided to offer physical fitness training in classes offered after normal work hours at City Hall, WHEREAS, Jay Carlson has represented that he is a Certified YMCA Personal Trainer and that he is prepared and qualified to offer professional physical fitness training classes at City Hall in accordance with the terms of the professional services contract with the City; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is herby authorized and directed to execute the attached and incorporated "Professional Services Contract Between the City of Yakima and Jay Carlson" for professional physical fitness training to City employees at City Hall. ADOPTED BY THE CITY COUNCIL this 5"' day of January, 2010. ATTEST: kbTLLJ CityI 1 Micah Cawlealk r PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND JAY CARLSON THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter referred to as the "City"), and Jay Carlson (hereinafter referred to as the "Contractor"). WHEREAS, the City desires to enter into a professional services. Agreement with Jay Carlson to provide physical fitness training to City employees for the "Fit For Life Women & Men's Body -For -Life Challenge" and he has represented that he is qualified to conduct the training; 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. Description of Work. The Contractor shall perform all tasks specified in Exhibit "A", attached and incorporated by this reference as if set forth in full, and in accordance with the terms of this Agreement 2. Term. The term of this Agreement shall commence upon full execution of this Agreement by the parties and shall continue until terminated by either party in accordance with Section 14 of this Agreement. 3. Performance of Work. The manner in which the Contractor performs the work specified in Section 1 and Exhibit "A" shall be determined by the Contractor but shall comply with applicable standards consistent with certification as a "YMCA Personal Trainer." 4. Payment to Contractor. The City shall compensate Contractor in accordance with the terms specified in Exhibit "A," attached and incorporated by this reference: 5. Information Provided by the City. Contractor shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City agrees to use reasonable efforts to provide data and information specifically requested by Contractor. 6. Inspection and Audit. Contractor shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the Contractor shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or the Washington State Auditor where necessary to conduct or document an audit. Contractor shall preserve and make available all such books of account and records for a period of ten (10) years after final payment under this Agreement 7. Taxes and Assessments. Contractor shall be solely responsible for compensating his employees, agents and/or subcontractors 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 industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the Page 1 of 5 Professional Services Agreement Between the City of Yakima and Jay Carlson event the City is assessed a tax or assessment as a result of this Agreement, Contractor shall pay the same before it becomes due. 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 age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, 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 forms of compensation, selection for training, and the provision of services under this Agreement. 9. The Americans with Disabilities Act. Contractor shall 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 with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local govemment 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. No Insurance. It is understood the City does not maintain liability insurance for Contractor and its officers, directors, employees and agents. 12. Delegation of Professional Services. The services provided for herein shall be performed by Contractor and no person other than regular associates or employees of Contractor shall be engaged upon such work or services except upon written approval of the City. 13. 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. 14. Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other. 15. Relationship of Parties. The parties to this Agreement intend that the relation between them created by this Agreement is that of employer -independent contractor. No agent, employee, or servant of Contractor shall be or shall be deemed to be the employee, agent or servant of the City. The City is interested only in the results obtained under this Agreement. The manner and means of conducting the work are under the sole control of Contractor. None of the benefits provided by the City to its employees, including, but not limited to, worker compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of Contractor. Contractor will be solely and entirely responsible Page 2 of 5 Professional Services Agreement Between the City of Yakima and Jay Carlson for its acts and for the acts of its agents, employees, servants and subcontractors during the performance of this Agreement. 16. Contractor's Employees. Contractor's employees, if any, who perform services for the City under this agreement shall also be bound by the provisions of this Agreement. 17. Insurance. A. Commercial General Liability Insurance. Before this Agreement 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 amount of One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury and property insurance. The certificate shall dearly state who the provider is, the coverage amount, the policy number and when the policy and provisions are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, employees and volunteers as additional insureds and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. 18. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: City: R. A. Zais, Jr. City Manager City of Yakima 129 North Second Street Yakima, Washington 98901 Contractor Jay Carlson Yakima, Washington Either party may change such addresses from time to time by providing written notices in the manner set forth above. 19. Entire Agreement This Agreement contains the entire agreement of the parties and there is no other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 20. Amendment. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties. 21. Attorney Fees. In the event of ktigation arising out of this Agreement, the court may award attorneys fees as provided by Washington law. 22. Third Parties. The City and Contractor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. Page 3 of 5 Professional Services Agreement Between the City of Yakima and Jay Carlson 23. Drafting of Agreement Both the City and Contractor have -participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are interpreted and/or enforced. 24. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 25. Waiver of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 26. Dispute Resolution. In the event of a dispute arising under this Agreement, the parties shall strive to resolve the matter through negotiation in good faith between the City Manager or his designee and the Contractor. if that is not successful in the resolution of the dispute, the parties may choose to enter into mediation and/or arbitration if agreed to in writing at that time. 27. Governing Law. This Agreement shall be govemed by and interpreted in accordance with the laws of the State of Washington. 28. 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, J) Date: I/27/o ATTEST: City Agreement No: ,,Z p// -p3 City Resolution No. g-vR0/-e,.5- Professional Services Agreement Between the City of Yakima and Jay Carlson JAY CARLSON By: �ay rlson Date: / - -/ Date: Page 4 of 5 J)/ lid EXHIBIT "A" SCOPE OF SERVICES Jay Carlson shall provide exercise classes for the City of Yakima, consistent with the applicable standards as a certified YMCA personal trainer, in accord with the terms of this Agreement and as follows: (1) Four classes, every day, Monday through Friday, in the City exercise room at City Hall, 129 North Second Street, Yakima WA 98901. (2) One class shall be from 6:00 AM to 7:00 AM with compensation at $30.00 per hour. (3) One class shall be form 12:00 PM to 1:00 PM at $30.00 per hour. (4) One class shall be form 4:30 PM to 5:30 PM at $30.00 per hour. (5) One lass shall be form 5:30 PM to 6:30 PM at $30.00 per hour. (6) The classes shall run from January 11, 2010 to April 2, 2010. (7) With no pay for City of Yakima, Employees Holidays on January 18, 2010 and February 15, 2010. (8) The parties may agree to enter into an extension at a future point in time. Page 5 of 5 Professional Services Agreement Between the City of Yakima and Jay Carlson BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT . Item No. IL For Meeting of January 5, 2010 ITEM TITLE: Consideration of a Resolution authorizing execution of an agreement with Jay Carlson, Certified YMCA Personal Trainer, to provide educational fitness programs to City of Yakima employees SUBMITTED BY: City of Yakima Employees' Wellness Committee CONTACT PERSONfTELEPHONE: Carol Maples, Wellness Committee, Chair Person x6619 SUMMARY EXPLANATION: Attached is a resolution authorizing a Professional Services Agreement with Jay Carlson, Certified YMCA Personal Trainer, to provide educational fitness services for City of Yakima employees. It is a known fact that healthy employees are more productive employees with the added benefit of reduced medical costs for the City. Mr. Carlson's educational and fitness programs on living a healthy lifestyle include a "Fit for Life" program that will be held in the City Hall exercise room five days a week. Mr. Carlson will provide an individualized weight management format and daily exercise program. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Phone: 576-6619 Funding Source Wellness Co APPROVED FOR SUBMITTAL: City Manager mittee Professional Service Budget STAFF RECOMMENDATION: Adopt Proposed Resolution BOARDICOMMISSION/COMMITTEE RECOMMENDATION: City of Yakima, Wellness Committee Recommends Approval COUNCIL ACTION: