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Home My WebLink AboutR-1992-D6160 Heistand / TrainingRESOLUTION NO. I) 6 1 6 0 A RESOLUTION: authorizing the execution of a personal services agreement with David Heistand. WHEREAS, the City of Yakima employs a work force of over 600 people; and WHEREAS, it is necessary to train such work force in the requirements of the Americans With Disabilities Act for the purpose of avoiding legal liability and promoting a productive workplace; and WHEREAS, the Human Resources Division of the City of Yakima does not employ personnel with adequate expertise to offer Americans With Disabilities Act training to City employees; and WHEREAS, David Heistand has been conducting training and workshops on human relations matters for twenty-two years, and it is in the best interest of the City to contract to utilize his expertise, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Personal Consulting Services Agreement" with David Heistand for the purpose of conducting Americans With Disabilities Act training for City of Yakima employees. ADOPTED BY THE CITY COUNCIL this day of 1992. ATTEST: City Clerk res/prsnl srvcs.sc Mayor PERSONAL CONSULTING SERVICES AGR - ENT THIS AGREEMENT, entered into this \ day of July, 1992, between the City of Yakima, whose address is 129 N. 2nd Street, Yakima, WA 98901, (hereafter "City") and David E. Heistand, whose address is P.O. Box 112216, Tacoma, Washington, 98411, (hereafter "Heistand"). Whereas, the City needs consulting services to provide training relative to the Americans with Disabilities Act, (hereafter "ADA"), because the City itself does not employ any trained instructors and such service is outside the usual course of business of the City; and Whereas, David Heistand has 22 years of experience as a human relations consultant/trainer specializing in training; and Whereas, the parties hereto intend that Heistand, an independent contractor, in the course of his work for the City, shall have full control over the manner, method, and content of the ADA workshop, 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. Heistand shall provide instruction on the ADA to City employees. At a minimum, Heistand shall accomplish the following tasks in order to provide instructional services on ADA: A. Organize and conduct appropriate instructional experiences for workshop participants. B. Prepare workshop and description and content. C. Prepare instructional handouts, handbooks or other materials for the workshop; the cost of reproduction of handbook materials shall be the City's expense. D. Submit invoice voucher upon completion of the three programs to the City Human Resources Division. 7/23/92-ir Human Resources 1 2. TIME OF PERFORMANCE. Heistand shall perform and complete the services specified in Section I of this Agreement between August 19 and August 20, 1992. Heistand 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 consulting services provided by Heistand, as specified in Section I of this agreement, the City agrees to pay Heistand a consulting fee in the amount of Five Hundred Fifty Dollars ($550) for each ADA workshop taught by Heistand between August 19 and August 20, 1992, inclusive with up to 125 participants. The City agrees to pay for Heistand's travel expenses incurred relative to the workshops taught between August 19 and August 20, 1992, inclusive of mileage, meals, and lodging. The City shall compensate meals and lodging at actual cost and mileage at twenty six cents ($.26). Reproduction costs of handout materials will be paid for by the City. The City reserves the right to cancel any scheduled class if it determines that employee participation is insufficient. The City shall give Heistand reasonable oral notification of any such class cancellations, and Heistand will not receive any fees for cancelled classes. The City agrees to provide the meeting room, refreshments, and audio visual equipment necessary for instruction. 4. INDEPENDENT CONTRACTOR. It is agreed and understood that Heistand is an independent instructor/contractor and not an employee of the City of Yakima. Heistand shall make no claim of City employment; or shall claim any related employment benefits from the City, including but not limited to medical benefits, social security , and retirement. Heistand shall not be subject to the control or direction of City officers or City employees. Except as otherwise provided, Heistand shall use his/her own papers and other materials to teach prevention of the ADA workshop. Except as otherwise provided herein, this agreement shall not be performed by Heistand on City property or with any City facilities whatsoever. Heistand shall protect, defend, indemnify, and hold the City harmless from and against any claims, demands, causes of action, liabilities, damages, and injuries arising out of or relating to this agreement. Heistand shall not in any way represent, obligate, or act on behalf of the City, contractually, or otherwise. 7/23/92-ir Human Resources 2 5. TAXES AND ASSESSMENTS. Heistand shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, federal income tax, withholding tax, social security 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, Heistand shall pay the same before it becomes due. 6. NON-DISCRIMINATION IN SERVICES. Heistand 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 an individual any services or other benefits provided under this Agreement; B. Provide any service(s) or other benefits to an individual which are different or are provided in a different manner, from those provided to others under this agreement; C. Subject an individual to segregation or separate treatment in any manner related to his/her receipt of any service(s) or other benefits provided under this agreement: 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 parties. 7/23/92-ir Human Resources 3 8. ASSIGNMENT: Heistand 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 assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Heistand. 9. TERMINATION: In the event Heistand fails to comply with any of the terms and conditions of this agreement in such a manner that the City Personnel Officer deems that the continuation of this agreement is no longer in the best interest of the City, said Personnel Officer may terminate this agreement upon three (3) calender days written notice to Heistand. 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: To Client: To Heistand: City of Yakima City Hall 129 N. 2nd Street Yakima, WA 98901 David E. Heistand PERSONNEL TECH, INC P.O. Box 112216 Tacoma, WA 98411 or to such addresses as the parties may hereafter designate in writing. Notices and demands shall be sent by registered or certified 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 instituted by either party to enforce compliance with or interpret any of the term, covenants, or conditions of this agreement, the prevailing party shall be entitled to collect, in addition to court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce or 7/23/92-ir Human Resources 4 interpret this agreement shall lie in the Superior Court of Washington for Yakima County, Washington. City of Yakima, Washington By -# Dick Zais, City Manager Dated —7/ 3 0/q Attest: By X-0— City Clerk Dated -1/ 3 o% i �--- C:iY 6OnikACi hJ. 7/23/92-ir Human Resources By Dated 5