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Home My WebLink AboutR-1994-028 J.L. Nimnicht & Associates• RESOLUTION NO. R-94 —28 4# 8 A RESOLUTION: authorizing the execution of a professional services agreement with J L. Nimnicht & Associates. WHEREAS, the City of Yakima Public Works Department and Wastewater Treatment Division employees a work force of over 240 people, and WHEREAS. it is necessary to provide special training for implementation of the Total Quality Management (TQM) process, and WHEREAS, neither the Human Resources Division nor Public Works Department of the City of Yakima have staffing levels or specialized expertise to conduct the necessary training, and WHEREAS, funding is available in the 1994 Budget for training • purposes to implement TQM, and • WHEREAS, J L. Nimnicht & Associates specializes in conducting the training necessary for municipal employees, and it is in the best interest of the City to contract their expertise according to the terms of the attached agreement, 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 "Consulting Services Agreement" with J L. Nimnicht & Associates for the purpose of conducting training activities ADOPTED BY THE CITY COUNCIL this2 2 n ilay of March, 1994 ATTEST CITY CLERK MAYOR CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND J. L. NIMNICHT & ASSOCIATES THIS AGREEMENT is made and entered into this % day of i i/',� , 1994 by and between the City of Yakima, Human Resources Division, herein referred to as the "City" and J. L. Nimnicht & Associates, a company herein referred to as "Contractor." WHEREAS, the City finds it necessary to contract with J. L. Nimnicht & Associates to provide specialized training to Public Works and Wastewater Treatment employees. WITNESSETH: That for and in consideration of mutual covenants, promises, and agreements, herein contained, the parties mutually agree as follows: 1. Professional Services. Contractor shall serve as training agent and shall perform all of the work, tasks, and services contained in Attachment "A," Proposal, which is attached and incorporated into this Agreement. The training to be completed are enumerated in Attachment "A." 2. Term. The term of this Agreement shall commence on the 22nd day of April, 1994, and teiniinate on the 27th day of May, 1994. 3. Compensation. As consideration for the work, tasks, and services pedal. wed by Contractor, the City agrees to compensate the Contractor according to the payment schedule contained in Attachment "A"; provided, however, the City;s obligation to compensate Contractor for all fees, services, costs, and expenses shall not exceed the combined total amount of Ten Thousand Dollars ($10,000.00). 4. Non -Discrimination. During the performance of this Agreement, the Contractor shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental, or physical handicap. 5. Compliance With Laws. Contractor agrees that he/she shall perform all work under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Page 1 of 4 (1slagr/nimnicht consulting pm 6. Status of Contractor. The Contractor and the City understand and expressly agree that the Contractor is an independent contractor in the performance of each and every part of this Contract. Contractor shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement. 7. No Insurance. It is understood that the City does not maintain liability insurance on the Contractor. 8. Hold Harmless. Contractor shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all liability or loss, and against all claims or actions based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with the perfoi mance of this Agreement or by conditions created hereby, or based upon any violation of statute, ordinance, or regulation. 9. Delegation of Professional Services. The work and services provided for herein shall be performed by Contractor, and no person other than regular associates or employees of Contractor shall be engaged upon such work or services except upon written approval of the City. 10. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the 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 as stated herein. 11. Termination. The City may terminate this Agreement, with or without cause, by giving the Contractor fifteen (15) days written notice of termination. 12. Damages. If for any reason the Contractor fails to provide the services specified in the Agreement and the City is forced to secure such services from another company, the Contractor shall be liable for any and all additional expenses to fulfill their obligation to the City. This provision shall not serve as a limitation upon other damages that may be available to the City pursuant to statutory and/or common law. 13. Severability. If any portion of the Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in force. 14. Integration. This written document constitutes the entire agreement between the parties. 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. Page 2 of 4 (1s1agr/nimnicht consulting.pm 15. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and send to the parties at their address as follows: To City: To Contractor: Director of Public Works 2301 Fruitvale Boulevard Yakima, WA 98902 J. L. Nimnicht & Associates Rt. 1, Box 291 Ellensburg, WA 98926 or to such addresses as the parties may hereafter designate in writing. Notices 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. 16. Attorneys' Fees. In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, 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 reasonable attorneys' fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA, WASHINGTON By:`�,. Dick Zais;aity Manager J. L. NIIVICHT & ASSOCIATES Its:- Dated: Dated: 4/ ATTEST: By: )<a City Clerk Dated: CITY CONTRACT NO. 94-22/R-94-28 STATE OF WASHINGTON ) :ss. County of Yakima K,;'4C=5 ) On this day of O. ,\- )9g , 1994, before me, the undersigned and Notary Public in and for the State of Washington, duly Page 3 of 4 (ls)agr/nimnicht consulting pm commissioned and sworn, personally appeared \c. - e S 1- 1 w` mwch-i- known to me to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. WITNEy►.nd and official seal hereto affixed this day and year first written ab ' LL a a1 _ O PUBLIC in and for the State of w �� •i Washington, residing at g6 i t yS iou �'ci My commission expires: /1-30 -q Li 411,u;'" 4%.• le el 4O � WAVi WI* Page 4 of 4 (ls)agr/nimnicht consulting pm