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