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HomeMy WebLinkAboutLevesque, Edward - Professional Service Contract PROFESSIONAL SERVICES CONTRACT THIS PROFESSIONAL SERVICES CONTRACT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereafter the "City"), and Edward Levesque (hereafter the "Contractor"). WHEREAS, the City of Yakima requires professional services for work relating to firearms, discharging firearms for the purpose of evidence collection and uniform equipment supply for the City of Yakima; WHEREAS, the Contractor represents that he has the expertise necessary and is willing to perform the professional services required by the City in accordance with the terms and conditions of this Contract; NOW, THEREFORE, in consideration of the mutual covenants, promise, and agreements set forth herein, it is agreed by and between the City and Contractor as follows: Section 1. Statement of Work 1.1 The professional services that the Contractor will provide to the Yakima Police Department include: a. Firearms training, including necessary assistance to YPD designated firearms instructors for classroom instruction, reserve academy, Police Explorer academy, practical, remedial, one-on-one certifications, and any other requested firearms training assignment. b. Shoot qualifications—provide assistance for scheduled shoots in the capacity of firearms instructor/range officer. c. Firearm, armory and firing range maintenance training, including instruction on basic maintenance for all firearms and related equipment utilized by and/or under the control of the Yakima Police Department. d. Maintain and order appropriate levels of ammunition, guns, targets, holsters, and other related YPD firearm cleaning supplies and other firearm supplies, including but not limited to maintaining inventory control of ammunition as required by Yakima Police Department. e. Law enforcement officer firearm training and certification as specified by the Washington State Criminal Justice Training Commission. f. Maintain all appropriate firearms training documentation, individual certification, firearm identifications, and other necessary/required documentation. g. Participate in department use of force review boards where firearms were used in police related incidents. h. Discharge firearms for the purposes of collecting evidence. Further, collect evidence from the discharge of firearms and maintain a chain of custody for evidence. Retrieve and submit evidence to/from the Yakima Police Property Room while following established evidence handling/packaging techniques. i. Maintain and act as purchasing agent for Yakima Police Department clothing to include but not limited to uniforms, outerwear, clothing accessories, duty gear, belts, holsters, handcuff pouches, duty accessory pouches, insignia, safety clothing and headgear. j. Attend training deemed required by the City to adequately complete the work described in paragraph 1.1, unless documentation or previous work experience demonstrates sufficient training or expertise in a particular area that is satisfactory to the City. a. In order to satisfy the training requirements in paragraph 1.1, the City agrees to pay for the following training expenses: i. Tuition for approved training, ii. Compensation for actual hours worked while training, iii. Ammunition to participate in training involving the discharge of firearms. b. The Contractor agrees to pay for the following expenses related to approved training: i. Travel, ii. Lodging, iii. Meals, iv. Additional equipment not provided by the department. c. Compensation for additional training expenses outside the scope of paragraph 1.1 will be considered and negotiated on a case-by-case basis. 1.2 Except as otherwise specifically provided in the Contract, Contractor shall furnish the following, all as may be required to perform the services described in paragraph 1.1 in accordance with this Contract: personnel, labor and supervision; and technical, professional and other services. All such services, property and other items furnished or required to be furnished together with all other obligations performed or required to be performed, by Contractor under this Contract are sometimes collectively referred to in this Contract as the "Services." 1.3 All provisions of this Contract are intended to be complementary, and any Services required by one and not mentioned in another shall be performed to the same extent as though required by all. Details of the Services that are not necessary to carry out the intent of this Contract, but that are not expressly required, shall be performed or furnished by Contractor as part of the Services, without any increase in the compensation otherwise payable under this Contract. Section 2. Period of Performance 2.1 The period of performance under this Contract will commence on the date that both parties have executed this contract, and continue through December 31, 2022. Additional extensions of two one-year terms may be offered, at the options of the City, making the contract term a maximum period of performance to December 31, 2024. In the event the City elects to extend the Contract for each additional one-year (1 year) term, the City shall provide written notice to the Contractor at least ninety (90) days prior to the end of the Contract period, or on or before October 15t of an extension. The City's option to extend the Contract for an additional one-year (1-year) term is subject to a mutually satisfactory agreement between the parties on the value of the services during the additional one-year (1-year) period(s). Section 3. Compensation 3.1 As full compensation for satisfactory performance of the Services, the City shall pay Contractor for his services at the rate of Forty-Two ($42.00) per hour, plus reimbursement for reasonable out of pocket expenses. If Contractor's invoices include a request for disbursement and expenses reasonably incurred in the course of the services, detail will be provided to support all entries, and a copy of the support disbursement and expenses. Extraordinary or unusual items will be discussed with the City before the expense is incurred. The total amount of compensations that the City may pay Contractor is not to exceed Forty-Five Thousand Dollars ($45,000) per year for all fees and expenses, without advanced notice to the City and agreement by the City, and by written amendment to the Contract signed by the parties. The initial term of the Contract is subject to an option to extend for two (2) additional one-year (1-year) periods if the City and Contractor can reach a mutually satisfactory agreement on the value of the services for the additional one-year (1-year) periods and as provided in Section 2.1 above. 3.2 The City and Contractor mutually agree that the Contractor's compensable hours worked shall not exceed One Thousand Sixty Hours (1,060 hours) per year. 3.3 The Contractor shall bill the City on a monthly basis for Contractor's services. The City of Yakima shall pay each of Contractor's invoices within thirty (30) days after the City's receipt and verification thereof; provided, however, that all such payments are expressly conditioned upon Contractor providing services hereunder that are satisfactory to the City. 3.4 Any additional service(s) provided by the Contractor which are to be paid by the City must have prior written approval of the City. Section 4. Performance by Contractor 4.1 Delegation of Professional Services. The services provided under this Contract shall be performed by Contractor, and no person other than Contractor shall be engaged on subject work or services. Contractor shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the City. Any such delegation or subcontracting without the City's prior written consent shall be voidable at the City's option. No delegation of subcontracting of performance of any of the Services, with or without the City's prior written consent, shall relieve the Contractor of Contractor's responsibility to perform the Services in accordance with this Contract. Contractor shall be fully responsible for the performance, acts and omissions of Contractor's employees, if any, Contractor's subcontractors, and any other person who performs or furnishes any services (collectively, the "Support"). 4.2 Contractor shall at all times by an independent contractor and not an agent or representative of the City with regard to performance of the Services. Contractor shall not represent that he is, nor hold himself out as, an agent or representative to the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City. 4.3 Contractor shall perform the Services in a timely manner and in accordance with the standards of the profession. At the time of performance, Contractor shall be properly licensed, equipped, organized, and financed to perform the Services in accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform the Services in accordance with his own methods. Section 5. Compliance with Laws 5.1 Contractor shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements of any governmental authority (including, but not limited to, such requirements as may be imposed upon the City and applicable to the Services). Contractor shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules and orders required to be incorporated in agreements of this character are incorporated in this Contract by this reference. Section 6. Taxes and Assessments 6.1 Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments that Contractor is required to pay, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and individual injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. Section 7. Nondiscrimination Provision 7.1 During the performance of this Contract, Contractor shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, 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 Contract. Section 8. Inspection and Production of Records 8.1 The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor's records relating to the Services will be provided to the City upon the City's request. 8.2 The firearms records, training records, and records relating to the professional services of Contractor pursuant to this Contract are to be kept at the Yakima Police Department. 8.3 Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of three (3) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit an copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. 8.4 All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the services are City of Yakima Police Department records. They must be produced to third parties if required pursuant to the Washington Public Records Act, Chapter 42.56 RCW or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington State Secretary of State's record retention schedule. Section 9. Property and Confidential Information 9.1 Contractor shall not, without the prior written consent of the City, disclose to third parties any information received in connection with the Services unless: a. information is known to Contractor prior to receiving the same directly or indirectly in connection with the Services; b. information is in the public domain at the time of disclosure by Contractor; or c. information is received by Contractor from a third party who does not have an obligation to keep the same confidential. Section 10. Indemnification and Hold Harmless 10.1 The Contractor agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgement, awards, costs and expenses (including reasonable attorneys" fees and disbursements), resulting from negligent acts and/or omissions or willful misconduct of the Contractor or his agents arising out of the performance of this Contract. 10.2 The City agrees to protect, defend, indemnify, and hold harmless the Contractor from any and all claims, demands, losses, lines, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements), resulting from negligent acts and/or omissions or willful misconduct of the City, its elected and appointed officials, officers, employees, its agents or subcontractors arising out of the performance of this Contract. 10.3 The City agrees to protect, defend, indemnify, and hold harmless the Contractor from any and all claims, demands, losses, lines, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements), resulting from Contractor's services under this Contract or arising out of Contractor's performance of this Contract where Contractor operates in good faith within the scope of this Contract, is not negligent and does not engage in willful misconduct. 10.4 The terms of this Section shall survive any expiration or termination of this Contract. 10.5 Nothing contained in this Section or this Contract shall be construed to create liability or a right of indemnification in any third party. Section 11. Insurance Provided by Contractor 11.1 At all times during performance of the Services, the Contractor shall secure and maintain in effect insurance to protect the City and the Contractor from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. 11.2 Commercial Liability Insurance. Before this Contract 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 limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage the City of Yakima, its elected officials, officers, agents and employees shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected officials, officers, agents, and employees 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 and admitted in the State of Washington. 11.3 Professional Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Millions Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of the Contract. The insurance coverage shall remain in effect during the term of this Contract and for a minimum of three (3) years following the termination of this Contract. Section 12. Changes 12.1 This City may, at any time by written notice thereof to Contractor, make changes in the Services within the general scope of this Contract (including, but not limited to, additions to or deletions from any Services, suspension of performance and changes and location of performance). 12.2 If any change under paragraph 12.2 causes a significant increase or decrease in the cost of the time required for performance of the Services, an equitable adjustment in the compensation and schedules under this Contract shall be negotiated to reflect such increase or decrease, and this Contract shall be modified in writing accordingly, Such equitable adjustment shall constitute full compensation to Contactor for such change. If any change under paragraph 12.1 results in a decrease in the Services to be performed, loss of anticipated profit shall not reduce the decrease in the Services to be performed, Contractor shall not be entitled to anticipated profit on Services not performed and the loss of anticipated profit shall not reduce the decrease in compensation under this Contract resulting from such exchange. Further, Contractor shall not be entitle to any reallocation of cost, profit or overhead. 12.3 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment under paragraph 12.2, Contractor shall immediately proceed with performance of the Services as changed pursuant to paragraph 12.1. If Contractor intends to assert a claim for equitable adjustment under paragraph 12.2, Contractor must, within thirty(30) days after Contractor's receipt of any notice under paragraph 12.1 that does not set fort an acceptable adjustment, submit to the City a written statement of the basis and nature of the adjustment claimed. Contractor shall not be entitled to any adjustment unless such written statement is submitted by Contractor to the City within the applicable period. Section 13. Termination 13.1 The City may, by giving the Contractor thirty (30) calendar days written notice of termination, terminate this Contract as to all or any portion of the Services not then performed, whether or not Contractor is in breach or default, and with or without cause. Upon receipt of any such notice of termination, Contractor shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. Contractor shall have the same termination rights as the City in Section 13. 13.2 In the event of termination pursuant to paragraph 13.1, an equitable adjustment shall be made in the compensations payable to Contractor under this Contract, provided that such compensation as to adjusted shall in no event exceed a percentage of the total compensation otherwise payable under this Contract equal to the percentage of the Services satisfactorily completed at the time of termination. Further, Contractor shall not be entitled to any reallocation of cost, profit or overhead. Contractor shall not in any event be entitled to anticipated profit on Services not performed on account of such termination. Contractor shall use his best efforts to minimize the compensation payable under this Contract in the event of such termination. 13.3 If the City purports to terminate or cancel all or any part of this Contract for Contractor's breach or default when Contractor is not in breach or default which would permit such termination or cancellations, such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 13.1 and the rights and the parties shall be determined accordingly. Section 14. Miscellaneous 14.1 Assignment. This Contract, 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. 14.2 No Conflict of Interest. Contractor represents that he and/or his employees, if any, do not 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 Contract. Contractor further covenants that he will not hire anyone or any entity having such a conflict of interest during the performance of this Contract. 14.3 No Insurance. It is understood that the City does not maintain liability insurance for Contractor and/or his employees. 14.4 Severability. If any portion of this Contract is changed per mutual agreement or any portion is held invalid, the remainder of the Contract shall remain in full force and effect. 14.5 Integration.This written document constitutes the entire agreement between the City and Contractor. There are no other oral or written Contracts between the parties as to the subject covered herein. No charges or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 14.6 Notices. 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: TO CITY: City Manager AND TO: Chief of Police City of Yakima Yakima Police Department City Hall— First Floor City of Yakima 129 North Second Street 200 South Third Street Yakima, WA 98901 Yakima, WA 98901 TO CONTRACTOR: Edward Levesque P.O. Box 367 Selah, WA 989042 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 hand delivered at the addresses specified above, or three (3) days after the date of mailing to the addresses specified above. 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the law of the State of Washington. 14.8 Venue. The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA Edward Leves e By atav, By Robert Harrison, City Manager dward L e ue Date: !I zl koz-v Date: /Z-/4- Z UZ / ATTEST: (06.2/1 By V. .,Zit f ♦ • 4 • �, City Clerk * k 6,�4oc ,�_t City Contract No.: Ni'JAa Ci 7 Resolution No.: ! f JNOTARY PUBLIC TATE OF WASHINGTON E'MLYN BARRON t O UISSION EXPIRES DULY 31,2023 1 FF10E OF T E CITY ANAGER 129 North Second Street City Hall, Yakima, Washington 98901 Phone (509) 575-6090 October 3, 2022 Edward Levesque Re: City of Yakima 90 day notice to extend Professional Services Agreement 1 additional year. Dear Mr. Levesque: The City of Yakima is providing notice pursuant to Section 2.1 of the Professional Services Agreement, City Contract No: 2022-017 of its option to extend the agreement one additional year. This will be the first one year extension and will be through December 31, 2023. Very truly yours, Robert Harrison City Manager cc: Matthew Murray, Police Chief CITY CONTRACT NO: RESOLUTION NO* I Agree to Extnesion eiriwor4e.torpve Yakima 2015 1994 Final Audit Report 2022-10-05 Created: 2022-10-04 By: Tory Adams (tory.adams@yakimawa.gov) Status: Signed Transaction ID: CBJCHBCAABAAf1w1YSAuhHI3iB84SuTTYLINatjkRMe "Contract Extension" History n Document created by Tory Adams (tory.adams@yakimawa.gov) 2022-10-04 - 3:53:38 PM GMT E-2. Document emailed to ed.levesque@yakimawa.gov for signature 2022-10-04 - 3:56:37 PM GMT Email viewed by ed.levesque@yakimawa.gov 2022-10-05 - 2:56:37 PM GMT Oe Signer ed.levesque@yakimawa.gov entered name at signing as Edward Levesque 2022-10-05 - 2:57:38 PM GMT E Edward Levesque (ed.levesque@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2022-10-05 - 2:57:40 PM GMT ,c5-0 Document e-signed by Edward Levesque (ed.levesque@yakimawa.gov) Signature Date: 2022-10-05 - 2:57:40 PM GMT - Time Source: server Agreement completed. 2022-10-05 - 2:57:40 PM GMT Powered by Adobe Acrobat Sign