HomeMy WebLinkAbout01/08/2013 04C YPD Quartermaster Services Contract with Amy L. McGuire, dba ALM QuartermastersBUSINESS OF •
WASHINGTON
AGENDA STATEMENT Item No.
For • • i 2013
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ITEM TITLE: Resolution authorizing a Personal Services Contract with ALM
Quartermasters for Quartermaster Services for the Yakima Police
Department
SUBMITTED BY: Chief Dominic Rizzi Jr.
CONTACT PERSON /TELEPHONE: Capt. Jeff Schneider, 575 -6151
SUMMARY EXPLANATION:
The Yakima Police Department is in need of a part time professional to handle uniforms and
provisions for members of the Department. Currently this duty is performed by a commissioned police
manager with some assistance from a volunteer. Department staff believes provisioning can be done
better and more inexpensively by using a private individual instead of a commissioned police
manager. Funds for this position would come from the existing Police Department uniform budget.
Resolution X Ordinance
Contract: Mail to:
Contract Term: One Year Amount: $9,600
Insurance Required? No
Funding General Fund
Source:
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Staff recommends approval of the resolution.
BOARD /COMMISSION RECOMMENDATION:
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❑ Resolution
❑ Contract
Other
(specify)
Expiration Date: 12/31/2013
Phone:
City Manager
RESOLUTION NO. R -2013-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute a personal service contract with Amy L. McGuire, d /b /a
ALM Quartermasters for providing Quartermaster services for the
Yakima Police Department.
WHEREAS, the Yakima Police Department requires the services of a professional
firm experienced in quartermaster services; and
WHEREAS, Contractor has experience and expertise regarding said services and
agrees to perform these service for the City in accordance with the terms and conditions set
for in the attached professional services agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize execution of the attached agreement with Amy L. McGuire d /b /a
ALM Quartermasters in order to provide quartermaster services to the Yakima Police
Department, 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 between the City
of Yakima and Amy L. McGuire, d/b /a ALM Quartermasters to provide quartermaster
services to the Yakima Police Department.
ADOPTED BY THE CITY COUNCIL this 8th day of January 2013.
Micah Cawley, Mayor
1:101 "N
City Clerk
Page -1
QUARTERMASTER
SERVICES AGREEMENT
THIS QUARTERMASTER SERVICES AGREEMENT (hereinafter "Agreement ") is made and
entered into by and between Yakima Police Department, a division of City of Yakima, a
Washington municipal corporation (hereinafter "YPD "), and AMY L. McGUIRE, d /b /a ALM
Quartermasters ( "McGuire "), an individual licensed to do business in Washington.
WHEREAS, YPD desires to engage McGuire to perform quartermaster services for the
control of police clothing and equipment, together with other incidental services as described
hereinbelow; and
WHEREAS, McGuire has the experience and expertise necessary to provide said
independent services and Is willing to provide such services in accordance with the terms and
conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
set forth herein, it is agreed by and between YPD and McGuire as follows:
1. Scope of Services. McGuire shall provide quartermaster and uniform /equipment
control services to YPD consistent with McGuire's knowledge of recent experience with such
matters. The scope of services is intended to extend not merely to ordering, receiving,
cataloging, distributing police uniform clothing and equipment, but to monitoring need
therefore, within budgetary guidelines to be established by YPD from time -to -time, occasional
transportation duties, and other incidental functions as may from time -to -time be requested of
McGuire by YPD administration. McGuire shall have capable personnel available to discharge
such services on an average of 15 hours per calendar week, understanding that some weeks
may involve a greater number of hours, some less. In any event, McGuire's staff shall consist of
one or more individuals approved by YPD in the sole discretion of YPD, and in the event of no
such approved staff member, this contract shall immediately terminate by notice to McGuire by
YPD.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
continue through December 31, 2013, subject to automatic renewal annually, unless
terminated sooner by either party in accordance with Section 18.
3. Consideration. YPD shall pay McGuire, for services rendered hereunder, the annual
sum not to exceed $9,600, payable in monthly installments to McGuire not later than the tenth
(101h) day of the month following the calendar month for which services were rendered.
McGuire shall keep detailed records of the hours spent in service under this Agreement, in the
form of Activity Sheet or other memorandum approved by YPD, with copies thereof to YPD not
less frequently than monthly. In the event that either party exercises its right to terminate this
Agreement in accordance with Section 18, McGuire shall be compensated in accordance with
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Quartermaster Services Agreement
YPD- McGuire
the above terms for all satisfactory services provided to YPD up to the effective Agreement
termination date.
4. Information Provided by YPD. McGuire shall provide guidance to YPD in determining
the data required for purposes of the contemplated services. YPD agrees to use reasonable
efforts to provide data and information specifically requested by McGuire.
5. Status of McGuire. McGuire and YPD understand and expressly agree that McGuire is
an independent contractor in the performance of each and every part of this Agreement. No
officer, employee, volunteer, and /or agent of McGuire shall act on behalf of or represent him or
herself as an agent or representative of YPD except to the extent so authorized by YPD.
McGuire, as an independent contractor, assumes the entire responsibility for carrying out and
accomplishing the services required under this Agreement. McGuire expressly represents,
warrants and agrees that its status as an independent contractor in the performance of the
work and services required under this Agreement is consistent with and meets the six -part
independent contractor test set forth in RCW 51.08.195. McGuire and its officers, employees,
volunteers, agents and /or subcontractors shall not make any claim of City employment nor shall
make any claim against YPD for any related employment benefits, social security and /or
retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of
servant, employee, partnership or agency between McGuire and YPD.
6. Inspection and Audit McGuire 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 YPD and /or the Washington State Auditor at all reasonable
times, and McGuire shall afford the proper facilities for such inspection and audit. Such books
of account and records may be copied by representatives of YPD and /or the Washington State
Auditor where necessary to conduct or document an audit. McGuire shall preserve and make
available all such books of account and records for a period of three (3) years after final
payment under this Agreement.
7. Taxes and Assessments. McGuire shall be solely responsible for compensating her
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
event YPD is assessed a tax or assessment as a result of this Agreement, McGuire shall pay the
same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, McGuire 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,
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Quartermaster Services Agreement
YPD - McGuire
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 Disabil ties Act. McGuire 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 government
services and telecommunications.
10. Compliance with Law. McGuire 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 Conflict of Interest. McGuire covenants that neither she nor her employees 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. McGuire further covenants
that she will not hire anyone or any entity having such a conflict of interest during the
performance of this Agreement.
12. No Insurance. It is understood YPD does not maintain liability insurance for McGuire
and her officers, directors, employees and agents.
13. Indemnification.
a. McGuire agrees to hold harmless, indemnify and defend YPD, the City of Yakima, its
elected officials, officers, employees and agents from and against any and all suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees)
which result from or arise out of the negligence of McGuire, her officers, agents, employees or
subcontractors in connection with or Incidental to the performance or non - performance of this
Agreement.
b. In the event that both McGuire and YPD are negligent, each party shall be liable for
its /her contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees).
c. The foregoing indemnity is specifically and expressly intended to constitute a waiver
of McGuire's immunity under Washington's industrial Insurance Act, RCW Title 51, as respects
the other party only, and only to the extent necessary to provide the indemnified parry with a full
and complete indemnity of claims made by McGuire's employees. The parties acknowledge that
these provisions were specifically negotiated and agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any,third party.
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e. This Section of the Agreement shall survive the term or expiration of this Agreement
and shall be binding on the parties to this Agreement.
14. Driver's License Required. The services provided by McGuire under this Agreement
shall, at all times, be by one or more individuals holding a then current, unqualified license to
drive motor vehicles in the State of Washington.
15. Automobile Insurance. During the term of this contract McGuire shall provide the City
with evidence of automobile liability insurance with a minimum limit of $1,000,000 per
occurrence. This insurance shall be maintained in effect during the entire term of this
Agreement, and as hereafter renewed or extended.
16. Delegation of Professional Services. The services provided for herein shall be
performed by McGuire and no person other than regular associates or employees of McGuire
shall be engaged upon such work or services except upon written approval of YPD.
17. Assi nment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by McGuire to any other person or entity without the
prior written consent of YPD. In the event that such prior written consent to an assignment is
granted, then the assignee shall assume all duties, obligations and liabilities of McGuire stated
herein.
18. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party
to insist upon strict performance of any agreement, covenant or condition of this Agreement, or
to exercise any right herein given in any one or more instances, shall not be construed as a
waiver or relinquishment of any such agreement, covenant, condition or right.
19. Termination. Either party may terminate this Agreement at any time, with or without
cause, by providing the other party with written notice of termination thirty (30) calendar days
prior to the termination date.
20. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
10. Notice .. 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:
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YPD - McGuire
TO YPD: Dominic Rizzi, Jr.
Chief of Police
City of Yakima
200 S. 3rd Street
Yakima WA 98901
TO MCGUIRE: Amy L. McGuire
1421 S. 32 "d Avenue
Yakima, WA 98902
Phone: (509) 575 5606
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.
22. Third Parties. YPD and McGuire 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.
23. Drafting of A reement. Both YPD and McGuire 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. Integration. This written document constitutes the entire Agreement between YPD and
McGuire. There are no other oral or written agreements between the parties as to the subjects
covered herein. 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.
25. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
26. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
27. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
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Quartermaster Services Agreement
YPD - McGuire
CITY OF YAKIMA AMY L. McGUIRE
By:
Tony O'Rourke, City Manager
Date: Date:
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Quartermaster Services Agreement
YPD- McGu(re