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Home My WebLink AboutR-1992-D6126 Defensive Driving / HansenRESOLUTION NO. D 6126 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- alsathat 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 nia H n. ADOPTED BY THE CITY COUNCIL this day o 1992. ATTEST: City Clerk (res/prsnl.rp) PERSONAL CONSULTING SERVICES AGREEMENT This agreement, entered into this day of 1992, between the City of Yakima, whose address is 129 North 2nd Street, Yakima, Washington, 98901 (hereinafter "City") and Tinia Hansen, whose address is 105 North 68th Place, Yakima, Washington, 98908 (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 Acidents; 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 seven years of experience as a defensive driving class instructor for the National Safety Council which includes two years 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 descraption 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 June 1, 1992 and December 31, 1992.Hansen agrees to make whatever time investments are required fora 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 $150.00 for each eight-hour defensive driving course taught by Hansen between June 1, 1992 and December 31, 1992 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; x 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 105 North 68th Place Yakima, WA 98908 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 Aa 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 By By_ City Manager ATTEST: By DATED: DATED: 4 tagr\prsnl.rp)