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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 ..-it,}f-19S * ' ..,�"Z ,a'Wr WU "I- K`s.vR. AM19 "l � 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: �ti�Iy;L'd�►�i�'� Click to download ❑ 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 Page 1 of 6 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, Page 2 of 6 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. Page 3 of 6 Quartermaster Services Agreement YPD- McGuire 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: Page 4 of 6 Quartermaster Services Agreement 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. Page 5of6 Quartermaster Services Agreement YPD - McGuire CITY OF YAKIMA AMY L. McGUIRE By: Tony O'Rourke, City Manager Date: Date: Page 6of6 Quartermaster Services Agreement YPD- McGu(re