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HomeMy WebLinkAboutCapellas Consulting & Reconstruction - Course Instruction AgreementAGREEMENT BETWEEN THE CITY • YAKIMA AND THIS AGREEMENT (hereafter "Agreement") is made and entered into by and between the CITY OF YAKIMA (hereafter "City"), a Washington municipal corporation, and the STEPHEN PATRICK CAPELLAS, doing business as CAPELLAS CONSULTING & RECONSTRUCTION (hereafter "Capellas Consulting"), a Washington sole proprietorship. WHEREAS, the Capellas Consulting operates a consulting business featuring instruction in Emergency Vehicle Operation Course; and WHEREAS, the owner, Stephen Capellas is certified to teach Pursuit Intervention Technique referred commonly as PIT; WHEREAS, the City of Yakima Police Department has instructor personnel who need to be instructed on PIT maneuvers so they can teach additional personnel; and WHEREAS, the City desires to solicit the services of Capellas Consulting to train City of Yakima Police Emergency Vehicle Operations Course instructors in the proper methods and techniques of the Pursuit Intervention Technique so they may confidently teach those methods and techniques to other Yakima Police officers who have need for such training; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Capellas Consulting as follows: 1. SCOPE OF SERVICES. Capellas Consulting will allow designated City employees to attend training provided and taught by Capellas Consulting: a. The training will include classroom instruction to discuss course safety, technique theory and methods. b. A technical portion that includes operating vehicles and demonstrating the Pursuit Intervention Technique, which is further described: a. A technique that involved a chase vehicle making intentional contact with a forward vehicle with the intent to cause the rear tires of the forward vehicle to lose traction, causing it to become disabled, and b. Upon being disabled be surrounded by chase vehicle(s). c. City employees will follow all agreed upon safety rules that given by Capellas Consulting. d. The City of Yakima will provide vehicles in good working order equipped with "PIT" approved equipment that includes bars, affixed to the frame of the vehicle that extend around the sides of the front and rear bumper. Agreement Between City of Yakima and Capellas Consulting - Page 1 of 5 2. period of performanceunder this Agreement will be for two months; June 2O21 and July of2O21.The specific dewAm oftraining will bedetermined bv agreement of both parties and the availability of an area to train. 3. COMPENSATION. The City ofYakima agrees 10pay CaoelaaConsulting five hundred dollars and m]cents ($5OQ.00) for one day oftraining (8-hours).The training time shall not include travel time to or from the training area. After the completion of training Cape||oa Consulting will send eninvoice to the Yakima Police Department, 200 3rd Street, Yakima, WA 98901. The invoice should bear the contract number that iolocated otthe bottom. 4. TAXES AND ASSESSMENTS. Caoel|3s Consulting shall be solely responsible for compensating its employees and for paying all related taxee, deduoUona, and aeamoannmnta. including but not limited to, federal income tox. F|CA, social security tax, mooeeonnento for unemployment and industrial injury, andcdherdeductiono#nnninoonnexvhiohnnayberequiredbv |avv or aeoeeamd against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Layman Lumber shall pay the same before it becomes due. a. CgpelaeConsulting shall provide access 0orecords bathe City, the state and/or federal agencies or officials at reasonable times to monitor and evaluate the services provided under this Agreement. The City will give advance notice of not less than 24 hours notice in advance to Cape||as Consulting in the case of audits pertaining to the services provided under this Agreement, tobeconducted bythe City. b. Records and documents pertaining to services provided under this Agreement shall be subject etall reasonable times to inmoeoUonm, reviavv, or audit by the City and/or duly authorized federal/state officia|e, including but not limited to. the Washington State Auditor. The City will give advance notice to Cepe||aa Consulting in the event aninspection ofrecords isrequired. 6. OnOrbefore the effective date of this Agreement, Caoe|ae Consulting shall provide the City with a certificate of insurance as proof of commercial general |iab|||b/ inourance, or a combination of oonnnmarcio| liability and umbrella liability, in the amount of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall bein effect for the duration of this AomyennenL The policy shall name the City of Yakima, its elected and appointed officie|e, offinena, agente, enn9|Vyeee and volunteers as additional insureds. Cape||am Consulting will provide the City with advance written notice if the policy is cancelled. The insurance shall be with an insurance company orcompanies rebedA-\/|| or higher in Bent'o Guide. If the City is damaged by the failure of Cope||ao Consulting to maintain the above insurance orto so notify the City, then Capellas Consulting shall bear all costs attributable thereto. If requested, Capellas Consulting shall provide the City with a complete copy of the policy. AgreementBetween City ofYakima and A. Caoelas Consulting agrees to defend, indennnifv, and hold hamnh*oo the {Jhx of Ymhjnne, its officia|o, officern, employees and agents from any and all muhs, judgments, en1ione, m|ainne, dmnnando, darnageo, and costs and expenses, including namaonab|m aftorneys'fees, which result or arise out of the sole negligent acts or omissions, if any, ofCapm||aa Conmult|ng. its offic|a|s, nff|cema, employees or agents related to Cape||as Consulting's performance or non-performance of the services, duties and obligations required ofitunder this Agreement. B. The City of Yakima agrees to defend, indennnifv, and hold homm|eaa CapeUas ConauUUnQ, its off|o1a|a, mfficmno, anno|oyaee and agents from any and all suits, ]udgmnmnta, antinns, c|ainne, dennando, damages, and costs and expenses, including reasonable attorneys' feeo, which result or arise out of the sole negligent acts or mnnimeiona. if any, of the City of ^/aNinnm, its mfficia|a, offioers, employees or agents related to the City'm performance or non-performance of the aen/|oeo, duties and obligations required ofitunder this Agreement. C. Ifany suits, judgments,actions, claims qrdemands arise out ofcvinconnection with the negligent ectsend/ormnn|sa|onmofbnthCapeUas Consulting and the City ofYakima or their officials, officers, employees or agents pursuant to this Agreement, each party shall be ||ab|m for its proportionate ehoma of negligence for any resulting oui1o, judgnnmnte, ect|mne, c|einne, darnonda, darnagee, and costs and expenses, including reomonab|eaftqrnayo'fean. 8. During the performance nfthis Agreement, CaoelaaConsulting shall not discriminate in violation of any applicable federal, state end/or local law or regulation on the basis of oge, eex, nace, nnaed, ne|i8ipn, oo|or, national origin, marital etmtua, disab|||tv, honorably discharged veteran ormilitary status, pnegnanny, sexual orimntotion, and any other o|aeo|f|cat|Vn protected under federal, state, or local law. This provision shall include but not be limited to the following: ennp|oynnent, upgnading, dennobon, treneher, recruitment, advertising, layoff ortermination, rates of pay or other forms of compensation, selection for training, and the provision ofservices under this Aoneernent. - - 9. INTEGRATION. 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 gfnmfurther force and effect upon the execution and delivery hereof. 10. MODIFICATIONS. Either pedv may request modifications to this Agreement but no proposed modifications to this Agreement shall be valid or binding upon either party unless such modification ioinwriting and executed byboth parties. 11' ASSIGNMENT. This 8gn3e[Dent, or any interest henein. shall not be assigned or transferred in whole or in part by Cope||as Consulting to any other person mrentity without the prior written consent ofthe City. In the event that such prior written consent toanassignment io Aoan0md, then the eeeiQnem shall oaaunne all duUee, obligations, and liabilities of Cape||ao Consulting stated herein. 12. The waiver mfeither the City orCape||oeConsulting ofthe breach ofany provision of this Agreement by the other party shall not operate and/or be construed as a waiver Agreement Between City ofYakima and of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 13. 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. 14. TERMINATION. This Agreement may be terminated, with or without cause, prior to the date specified above in Section 2, by written notice from either party to the other thirty (30) days in advance of the termination. In the event of termination, the amount of compensation shall be prorated monthly to the nearest full month of service, and Capellas Consulting shall issue a prorated refund to the City for any unused days in the applicable period. 15. 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. 16. 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: Bob Harrison, City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Matthew Murray, Chief of Police Yakima Police Department 200 South Third Street Yakima, WA 98901-2830 TO CAPELLAS CONSULTING: Stephen Capellas, Owner Capellas Consulting & Reconstruction 12918 NW 26 th Avenue Vancouver, WA 98685-2381 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by both first class mail postage prepaid and 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. 17. ' GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Agreement Between City of Yakima and Capellas Consulting - Page 4 of 5 Bobrris , City r Date: c Date: 6/7/2021 City Clerk Resolutiont