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