HomeMy WebLinkAboutCapellas Consulting & Reconstruction - Instruction AgreementAgreement Between City of Yakima and
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AGREEMENT BETWEEN THE
CITY OF YAKIMA
AND
CAPELLAS CONSULTING & RECONTRUCTION
THIS AGREEMENT (hereafter “Agreement”) is between the CITY OF YAKIMA (hereafter
“City"), a Washington municipal corporation, and STEPHEN PATRICK CAPELLAS, doing
business as CAPELLAS CONSULTING & RECONSTRUCTION (hereafter “Capellas
Consulting” or “Contractor”), a Washington sole proprietorship.
WHEREAS, Capellas Consulting operates a consulting business featuring instruction in
Emergency Vehicle Operation and Vehicle Collision Technical and Reconstruction Course; and
WHEREAS, the owner, Stephen Capellas is certified to teach Technical Vehicle
Construction;
WHEREAS, the City of Yakima Police Department has instructor personnel who need to
be instructed on Technical Vehicle Construction; and
WHEREAS, the City desires to solicit the services of Capellas Consulting to train City of
Yakima Police Officers in the proper methods and techniques of the Technical Vehicle Collisions
in order to provide more officers this specialized training, which in turn provides broader coverage
to respond to and investigate serious motor vehicle collisions; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Capellas Consulting as
follows:
1. SCOPE OF SERVICES. Capellas Consulting will allow designated City employees to
attend a three-week training provided and taught by Capellas Consulting:
a. The training will include classroom instruction to discuss concepts, techniques,
theories and methods.
b. City employees will follow all agreed upon safety rules given by Capellas
Consulting.
c. The City of Yakima will provide a classroom capable of hosting forty-five (45)
students and instructors. The classroom will consist of audio/video equipment
and bathroom facilities.
d. The City of Yakima will provide access to damaged vehicles for reference to
the subject matter being taught.
e. Capellas Consulting may open the class to other law enforcement entities
under the following conditions:
a. The number of students/instructors does not exceed forty-five (45),
including City employees.
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b. All registration and payment for instruction is handled by Capellas
Consulting.
2. PERIOD OF PERFORMANCE. The period of performance under this Agreement will be
for three (3) weeks in 2023. The specific day(s) of training will be determined by the agreement
of both parties and the availability of an area to train.
3. COMPENSATION. The City of Yakima agrees to pay Capellas Consulting four thousand
five hundred dollars and no cents ($4,500.00) for three (3) weeks of training. The training time
shall not include travel time to or from the training area. After the completion of training, Capellas
Consulting will send an invoice to the Yakima Police Department, 200 3rd Street, Yakima, WA
98901. The invoice should bear the contract number that is located at the bottom of this
agreement.
4. TAXES AND ASSESSMENTS. Capellas Consulting shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and assessments,
including but not limited to, federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury, 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, Capellas Consulting shall pay the
same before it becomes due.
5. AUDITS AND INSPECTIONS.
a. Capellas Consulting shall provide access to records to the City, the state and/or federal
agencies or officials at reasonable times to monitor and evaluate the services provided
under this Agreement. The City will give advance notice of not less than 24 hours to
Capellas Consulting in the case of audits pertaining to the services provided under this
Agreement, to be conducted by the City.
b. Records and documents pertaining to services provided under this Agreement shall
be subject at all reasonable times to inspections, review, or audit by the City and/or
duly authorized federal/state officials, including but not limited to, the Washington
State Auditor. The City will give advance notice to Capellas Consulting in the event
an inspection of records is required.
6. INSURANCE.
At all times during performance of the Services and this Contract, Contractor shall secure and
maintain in effect insurance to protect the City and Contractor from and against any and all claims,
damages, losses, and expenses arising out of or resulting from the performance of this Contract.
Contractor shall provide and maintain in force insurance in limits no less than that stated below,
as applicable. The City reserves the right to require higher limits should it deem it necessary in
the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as
evidence of coverage for each of the policies and outlined herein. A copy of the additional insured
endorsement attached to the policy shall be included with the certificate. This Certificate of
insurance shall be provided to the City, prior to commencement of work.
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Commercial General Liability Insurance: On or before the effective date of this Agreement,
Capellas Consulting shall provide the City with a certificate of insurance as proof of commercial
general liability insurance, or a combination of commercial liability and umbrella liability, in the
amount of Two Million Dollars ($2,000,000.00) combined single limit bodily injury and property
damage that clearly states who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for the duration
of this Agreement. The policy shall name the City of Yakima, its elected and appointed officials,
officers, agents, employees and volunteers as additional insureds. Capellas Consulting will
provide the City with advance written notice if the policy is cancelled. The insurance shall be with
an insurance company or companies rated A-VII or higher in Best's Guide. If the City is damaged
by the failure of Capellas Consulting to maintain the above insurance or to so notify the City, then
Capellas Consulting shall bear all costs attributable thereto. If requested, Capellas Consulting
shall provide the City with a complete copy of the policy.
Automobile Liability Insurance:
Before this Contract is fully executed by the parties, Contractor shall provide the City with a
certificate of insurance as proof of automobile liability insurance with a minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits,
such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its
elected and appointed officials, employees, agents, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is,
the coverage amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance
and additional insured endorsements shall name the City of Yakima, its elected and appointed
officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a
clause that the insurer will not cancel or change the insurance without first giving the City prior
written notice. The insurance shall be with an insurance company or companies rated A-VII or
higher in Best’s Guide and admitted in the State of Washington. The requirements contained
herein, as well as City of Yakima’s review or acceptance of insurance maintained by Contractor
is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed
by Contractor under this contract. The business auto liability shall include Hired and Non-Owned
coverage if necessary.
7. INDEMNIFICATION.
The Contractor agrees to release, indemnify, defend, and hold harmless the City, its
elected and appointed officials, officers, employees, agents, representatives, insurers,
attorneys, and volunteers from all liabilities, losses, damages, and expenses related
to all claims, suits, arbitration actions, investigations, and regulatory or other
governmental proceedings arising from or in connection with this Agreement or the
acts, failures to act, errors or omissions of the Contractor, or any of Contractor’s
agent(s) or subcontractor(s), in performance of this Agreement. The City’s right to
indemnification includes attorney's fees and costs associated with establishing the
right to indemnification hereunder in favor of the City.
8. NONDISCRIMINATION. During the performance of this Agreement, Capellas Consulting
shall not discriminate in violation of any applicable federal, state and/or local law or regulation on
the basis of age, sex, race, creed, religion, color, national origin, marital status, disability,
Agreement Between City of Yakima and
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honorably discharged veteran or military status, pregnancy, sexual orientation, and any other
classification protected under federal, state, or local law. This provision shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement.
9. INTEGRATION. This Agreement sets forth all of the terms, conditions, and agreements
of the parties relative to the subject matter hereof and supersedes any and all such former
agreements which are hereby declared terminated and of no further force and effect upon the
execution and delivery hereof.
10. MODIFICATIONS. Either party may request modifications to this Agreement but no
proposed modifications to this Agreement shall be valid or binding upon either party unless such
modification is in writing and executed by both parties.
11. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or
transferred in whole or in part by Capellas Consulting 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 Capellas
Consulting stated herein.
12. NON-WAIVER. The waiver of either the City or Capellas Consulting of the breach of any
provision of this Agreement by the other party shall not operate and/or be construed as a waiver
of any subsequent breach by either party or prevent either party thereafter enforcing such
provision.
13. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
14. TERMINATION. This Agreement may be terminated, with or without cause, prior to the
commencement of the training specified above in Section 2, by written notice from either party to
the other at least thirty (30) days in advance of the commencement of training.
15. SURVIVAL. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this agreement
and shall be binding on the parties to this Agreement.
16. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing
and sent to the parties to their addresses as follows:
TO CITY: Bob Harrison, City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
Matthew Murray, Chief of Police
Yakima Police Department
200 South Third Street
Yakima, WA 98901-2830
Agreement Between City of Yakima and
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TO CAPELLAS CONSULTING: Stephen Capellas, Owner
Capellas Consulting & Reconstruction
12918 NW 26th Avenue
Vancouver, WA 98685-2381
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by both first class mail postage prepaid and by registered or certified mail,
postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand
delivered at the addresses specified above.
17.GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
18.VENUE. 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
By___________________________________
Bob Harrison, City Manager
Date:_________________________________
ATTEST:
By___________________________________
City Clerk
City Contract No.:_______________________
Capellas Consulting & Reconstruction
By___________________________________
Stephen Capellas
Date: ________________________________
Robert Harrison (Nov 15, 2022 09:15 PST)
Robert Harrison
Nov 15, 2022
Sonya Claar Tee (Nov 15, 2022 09:45 PST)
Sonya Claar Tee
2022-202
2023 Yakima PD - Capellas Traffic Tech
Agreement-S1
Final Audit Report 2022-11-15
Created:2022-11-10
By:Tory Adams (tory.adams@yakimawa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAANxook07fWpte7eVKY5Wk4xqKuEbbfbQL
"2023 Yakima PD - Capellas Traffic Tech Agreement-S1" History
Document created by Tory Adams (tory.adams@yakimawa.gov)
2022-11-10 - 2:40:57 AM GMT
Document emailed to Matthew Murray (matt.murray@yakimawa.gov) for signature
2022-11-10 - 2:50:08 AM GMT
Email viewed by Matthew Murray (matt.murray@yakimawa.gov)
2022-11-10 - 3:15:00 AM GMT
Matthew Murray (matt.murray@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do
business electronically with City Of Yakima
2022-11-10 - 3:15:35 AM GMT
Document e-signed by Matthew Murray (matt.murray@yakimawa.gov)
Signature Date: 2022-11-10 - 3:15:35 AM GMT - Time Source: server
Document emailed to jennifer.ferrer@yakimawa.gov for signature
2022-11-10 - 3:15:36 AM GMT
Email viewed by jennifer.ferrer@yakimawa.gov
2022-11-10 - 4:37:57 PM GMT
Signer jennifer.ferrer@yakimawa.gov entered name at signing as Jennifer Ferrer-Santa Ines
2022-11-10 - 7:23:36 PM GMT
Jennifer Ferrer-Santa Ines (jennifer.ferrer@yakimawa.gov) has reviewed and explicitly agreed to the terms of
use and to do business electronically with City Of Yakima
2022-11-10 - 7:23:38 PM GMT
Document e-signed by Jennifer Ferrer-Santa Ines (jennifer.ferrer@yakimawa.gov)
Signature Date: 2022-11-10 - 7:23:38 PM GMT - Time Source: server
Document emailed to Sara Watkins (sara.watkins@yakimawa.gov) for signature
2022-11-10 - 7:23:40 PM GMT
Email viewed by Sara Watkins (sara.watkins@yakimawa.gov)
2022-11-14 - 9:55:17 PM GMT
Tory Adams (tory.adams@yakimawa.gov) added alternate signer ryan.bleek@yakimawa.gov. The original
signer Sara Watkins (sara.watkins@yakimawa.gov) can still sign.
2022-11-15 - 4:44:13 PM GMT
Document emailed to ryan.bleek@yakimawa.gov for signature
2022-11-15 - 4:44:13 PM GMT
Email viewed by ryan.bleek@yakimawa.gov
2022-11-15 - 4:44:45 PM GMT
Signer ryan.bleek@yakimawa.gov entered name at signing as Ryan Bleek
2022-11-15 - 4:46:09 PM GMT
Ryan Bleek (ryan.bleek@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do
business electronically with City Of Yakima
2022-11-15 - 4:46:12 PM GMT
Document e-signed by Ryan Bleek (ryan.bleek@yakimawa.gov)
Signature Date: 2022-11-15 - 4:46:12 PM GMT - Time Source: server
Document emailed to bob.harrison@yakimawa.gov for signature
2022-11-15 - 4:46:12 PM GMT
Email viewed by bob.harrison@yakimawa.gov
2022-11-15 - 5:08:48 PM GMT
Signer bob.harrison@yakimawa.gov entered name at signing as Robert Harrison
2022-11-15 - 5:15:27 PM GMT
Robert Harrison (bob.harrison@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do
business electronically with City Of Yakima
2022-11-15 - 5:15:29 PM GMT
Document e-signed by Robert Harrison (bob.harrison@yakimawa.gov)
Signature Date: 2022-11-15 - 5:15:29 PM GMT - Time Source: server
Document emailed to sonya.claartee@yakimawa.gov for signature
2022-11-15 - 5:15:31 PM GMT
Email viewed by sonya.claartee@yakimawa.gov
2022-11-15 - 5:41:44 PM GMT
Signer sonya.claartee@yakimawa.gov entered name at signing as Sonya Claar Tee
2022-11-15 - 5:45:02 PM GMT
Sonya Claar Tee (sonya.claartee@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to
do business electronically with City Of Yakima
2022-11-15 - 5:45:04 PM GMT
Document e-signed by Sonya Claar Tee (sonya.claartee@yakimawa.gov)
Signature Date: 2022-11-15 - 5:45:04 PM GMT - Time Source: server
Agreement completed.
2022-11-15 - 5:45:04 PM GMT