HomeMy WebLinkAboutR-1991-D5889 Defensive Driving•
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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.
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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.
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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:
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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
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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.
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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
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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
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