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HomeMy WebLinkAboutR-1991-D5889 Defensive Driving• • • RESOLUTION NO.1) 5 8 8 9 A RESOLUTION authorizing the execution of an agreement for personal consulting services for a defensive driving course instructor. WHEREAS, the City of Yakima conducts mandatory defensive driving training courses for all City employees required to drive on City business; and WHEREAS, the City of Yakima does not employ any individu- als that are certified to teach defensive driving courses for employees not in the Police and Fire Departments; and WHEREAS, Tinia Hansen is a certified defensive driving instructor and is willing to provide defensive driving course instruction services as an independent contractor to the City of Yakima for the purpose of implementing the City's Motor Vehicle Accident Review Program; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Personal Consulting Services Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated contract entitled "Per- sonal Consulting Services Agreement" with Tinia Hansen. ADOPTED BY THE CITY COUNCIL this 71 -day of f 1991. ATTEST: City Clerk (res/prsnl.rp) \4+7-,(1-71 Mayor PERSONAL CONSULTING SERVICES AGREEMENT This agreement, entered into this day of UL4e k 1991, between the City of Yakima, whose address is 129 North 2nd Street, Yakima, Washington, 98901 (hereinafter "City") and Tinia Hansen, whose address is 1617 South 13th Avenue, Yakima, Washing- ton, 98902 (hereinafter "Hansen"). WHEREAS, in compliance with the City's Motor Vehicle Accident Review Program, all City employees are required to attend a defen- sive driving course in order to make better and safer drivers and thereby reduce motor vehicle accidents; and WHEREAS, the City needs consulting services to provide in- structors for the defensive driving courses because the City itself does not employ any certified defensive driving instructors and such service is outside the usual course of business of the City; and WHEREAS, Tinia Hansen has six years of experience as a defensive driving class instructor for the National Safety Council which includes one year of experience as a defensive driving class instructor for the Council of Governments and is further certified as a defensive driving instructor by the National Safety Council and by the Washington Traffic Safety Commission; and WHEREAS, the parties hereto intend for Hansen, an independent contractor, to perform as a defensive driving course instructor for the City wherein Hansen shall have full control over the manner, method, and content of said defensive driving course without any supervision or involvement of the City, subject to the terms and conditions hereinafter set forth, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Duties and Responsibilities. Hansen shall provide certified defensive driving instruction to City employees. At a minimum, Hansen shall accomplish the following tasks in order to provide defensive driving instruction services: A. Organize, teach, and conduct appropriate instructional experiences for class participants. B. Prepare class description and evaluation. C. Supervise and maintain facilities while being used and secure at closing. D. Submit enrollment lists and evaluation forms with invoice voucher upon completion of each class to the City Person- nel Office. - 1 - (agr\prsnl.rp) E. Prepare certificates of course completion for each class participant who qualifies for the senior citizen discount for automobile insurance. F. Ensure that the defensive driving course curriculum includes all of the subject matter customarily presented in defensive driving courses and required by the National Safety Council/Washington Traffic Safety Commission. 2. Time of Performance. Hansen shall perform and complete the services specified in Section 1 of this agreement between March 19, 1991 and December 31, 1991. Hansen agrees to make whatever time investments are required for the full completion of instruction projects for which responsibility has been accepted. 3. Consideration. In consideration of the consulting services provided by Hansen, as specified in Section 1 of this agreement, the City agrees to pay Hansen a consulting fee in the amount of $135.00 for each eight-hour defensive driving course taught by Hansen between March 19, 1991 and December 31, 1991 inclusive. The City reserves the right to cancel any scheduled class if it deter- mines that employee participation is insufficient. The City shall give Hansen reasonable oral notification of any such class cancel- lations, and Hansen will not receive any fees for cancelled clas- ses. 4. Independent Contractor. It is agreed and understood that Hansen is an independent contractor and not an employee of the City. Hansen shall make no claim of City employment or claim any related employment benefits from the City including but not limited to medical benefits, social security, and retirement. Hansen shall not be subject to the control or direction of City officers or City employees. Hansen shall use her own equipment, papers, and other materials to teach the defensive driving course. Except for the use of a City meeting room, this agreement shall not be performed by Hansen on City property or with any City facilities whatsoever. Hansen shall protect, defend, indemnify, and hold the City harmless from and against any claims, demands, causes of action, liabili- ties, damages, and injuries arising out of or relating to this agreement. Hansen shall not in any way represent, obligate, or act on behalf of the City, contractually, or otherwise. 5. Taxes and Assessments. Hansen shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, federal income tax, withholding tax, social securi- ty tax, 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 the City is assessed a tax or assessment as a result of this agreement, Hansen shall pay the same before it becomes due. - 2 (agr\prsnl.rp) 6. Non -Discrimination in Services. Hansen shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, age, or the presence of any sensory, mental, or physical disability: A. Deny any individual any services or other benefits pro- vided under this agreement; B. Provide any service(s) or other benefits to an individual which are different or are provided in a different man- ner, from those provided to others under this agreement; C. Subject an individual to segregation or separate treat- ment in any manner related to his/her receipt of any ser- vice(s) or other benefits provided under this agreement; or D. Deny any individual an opportunity to participate in any program provided by this agreement through the provision service(s) or otherwise, or afford him/her an opportunity to do so which is different from that afforded others under this agreement. 7. Integration. This written document constitutes the entire agreement between the parties hereto. 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 par- ties. 8. Assignment. Hansen shall not assign this agreement to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assign- ment is granted, then the assignee shall assume all duties, obliga- tions, and liabilities of Hansen. 9. Termination. If Hansen fails to comply with any of the terms and conditions of this agreement in such a manner that the City Director of Personnel deems that the continuation of this agreement is no longer in the best interest of the City, said Director of Personnel may terminate this agreement upon five (5) days written notice to Hansen. This agreement may also be terminated with or without cause by either party upon two (2) weeks written notice to the other party. In the event that this agreement is terminated as provided herein, Hansen shall be paid for all services provided up to the date of termination, and such payment shall be deemed to be payment in full as required by this agreement. 10. Notices. Except as provided in Section 3 above, all notices and demands shall be in writing and sent to the parties hereto at their addresses as follows: - 3 (agr\prsnl.rp) To Client: To Hansen: City of Yakima City Hall 129 North 2nd Street Yakima, Washington, 98901 Tinia Hansen 1617 South 13th Avenue Yakima, WA 98902 or to such addresses as the parties may hereafter designate in writing. Notices and demands shall be sent by registered or certi- fied mail, postage prepaid. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 11. Litigation. In the event that any suit or action is insti- tuted by either party to enforce compliance with or interpret any of the terms, convenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as rea- sonable attorney fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Wash- ington for Yakima County, Washington. CITY OF YAKIMA, WASHINGTON TINIA,HANSEN, Independent Contractor ATTEST: BY Ha -A-52,-,-- je-6-6-eA,1 , DATED: 1') rcL V-11 ICI cm CONTRACT NO. /"A0- 58FS� tagr\prsnl.rp) DATED: 3 % t� �g f — 4 t TO: FROM: SUBJECT: MEMORANDUM January 30, 1991 Department Heads and Division Managers Sheryl Smith, Deputy Personnel Officer Defensive Driving Training In compliance with the City's Motor Vehicle Accident Review Program, the Personnel Office has coordinated Defensive Driving courses for our employees to be better and safer drivers and thereby reduce motor vehicle accidents. By direction of the City Manager, this is mandatory training for j (permanent and temporary) employees who are required to drive on City business, except for Police and Fire Department employees who already receive their defensive and/or high speed pursuit driver's training by their departments. Attached you will find a schedule of classes for 1991. Some classes have been scheduled as one - day, eight-hour sessions and others have been scheduled for 2, four-hour blocks on consecutive mornings for the convenience and operational needs of our diverse workforce and based upon a telephone survey of department heads and division mangers. Class size is limited to 25 participants on a first-come, first -serve basis. It is suggested that as many permanent employees as possible be scheduled for the spring classes; temporary employees scheduled for summer classes which would then allow the use of the fall classes for remaining new hires and/or makeup classes for those who were unable to attend the other sessions. All classes will be held in the training room at Fire Station #5, 807 East Nob Hill Boulevard. Parking is available in the lot behind the Station on the northwest side of the building; as parking is limited, car pooling is greatlyencouraged and appreciated by the Fire Department. The classroom entrance is located at the parking lot. Defensive Driving will be taught by Tinia Hansen, Defensive Driving Instructor, Yakima Valley Traffic Safety Task Force, or Dave Schneider, Traffic Safety Coordinator for the Yakima Valley Conference of Governments. Course curriculum includes: First Day Introduction Driving Interest Areas Questionnaire New Laws DWI/Safety Belts City Intersections Driving at Night Heavy Traffic Drugs & Driving Mountain Trips Passing Critical Driving Yakima Police Dept. 13 -Daily CD Second Da v Shopping Center Parking Lots Freeway Driving Practice Knowledge Exercise Sedgwick James of Washington, Inc. Sharing the Road with Big Trucks Poor Weather Driving Pedestrians Evaluation Form Dept. of Licensing/or Narrative Driving (Movie) Side Skids Parking & Backing Lectures, films, guest speakers and group discussions will be featured during the training sessions. Upon successful completion of this program, employees 55 years of age and older will be eligible for a reduction in their personal automobile insurance for a two-year period and should individually contact their private insurance carrier. All participants successfully completing the course will receive certificates of completion. Class size is limited to 25 participants on a first-come, first -serve basis. ?lease return the attached nr.11m - n f.rm h !, fi , • h. , .. bruary 8th to re i sgt ter our employees. To assist you in conveniently scheduling your staff, the following is the schedule of training sessions for 1991. March April May Tuesday, 3/19 Wednesday, 3/20 Thursday, 3/21 June July August Teptember —October November Tuesday, 4/16 Tuesday, 4/23 Wednesday, 4/24 Thursda , 4/25 Tuesday, 5/21 Wednesday, 5/22 Thursday, 5/23 Tuesday, 6/25 8:00 a.m.-5:00 p.m. 8:00 a.m.-5:00 p.m. 8:00 a.m.-5:00 P m-, "8:00 a.m.-5:0 p.m. 8:00 a.m.-5:00 p.m. 8:00 a.m.-5:00 p.m. 8:00 a.m.-5:00 p.m. a.m.-5: n0 p.m. 8:00 a.m.-5:00 p.m. 8:00 a.m: 5:00 a.m. ..�.—..FO a.m.-5 p.m. Wednesday, 6/26 8:00 a.m.-5:00 p.m. Thursda , 6/27 8:00 a.m.-5:00 Tuesday, 7/16 : LTi a.m.-5: Wim. Thursday, 7/18 8:00 a.m.-5:00 p.m. Tuesday, 8/20 -----KM-7.1700 p.m. Thursda , 8/22 8:00 a.m.-5:00 p.m. Tuesday, 9/17 8:00 a.m.-Noon Wednesday, 9/18 8:00 a.m.-Noon Tuesday, 10/15 :00 a.m.-Ncon Wednesda ,10/16 8:00 a.m.-Noon Tuesday, 11/1 -8:00 a.m.-Noon Wednesda , 11/20 8:00 a.m.-Noon December Tuesday, 12/17 8:00 a.m.-Noon Wednesday, 12/18 8:00 a.m.-Noon Reminder: Classes scheduled for March through August are one d . 8 hour Sessions: classes scheduled for September through December have been scheduled ws '. - •v /. •,� � all sessions will 'n w r - r I4 be taught at Fire Station #5)., Remember, this is an 8 hour course. Since classes are expected to fill quickly, it is recommended that alternate dates also be selected. There is no charge to the participant for this course, and materials will be provided by the Washington Traffic Safety Commission. For the full day course, lunches are the responsibility of the participant and are not provided. Should you have any questions, please feel free to call us at 575-6090. 8 -Daily w