HomeMy WebLinkAbout04/05/2016 05H Firearms Training and Armory Services Agreement with Dennis MinerBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.H.
For Meeting of: April 5, 2016
ITEM TITLE: Resolution authorizing a Professional Services Contract with
Dennis Miner for Firearms Services
SUBMITTED BY: Captain Jay Seely
Chief Dominic Rizzi
SUMMARY EXPLANATION:
The Yakima Police Department requires professional services for work associated with firearms
training and other firearms related services. Dennis Miner has the expertise necessary to provide
these services and is willing to enter into an agreement to provide these services. This
agreement would be in effect from the date of execution through December 31, 2018, with an
option to extend for two (2) additional one -year (1 -year) periods through 2020.
ITEM BUDGETED:
STRATEGIC PRIORITY:
Yes
Public Safety
r'
APPROVED FOR SUBMITTAL: Interim City Manager
STAFF RECOMMENDATION:
Staff recommends approval of this resolution.
BOARD /COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D Resolution - Minter contract 3114/2016 Resolution
Miner Professional Services Contract 3114/2016 Contract
RESOLUTION NO. R -2016-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute Professional
Services Contract for firearms training and other armory services between
the Yakima Police Department and Dennis Miner
WHEREAS, the Yakima Police Department requires professional services for work
relating to firearms for the Yakima Police Department; and
WHEREAS, Dennis Miner has the expertise necessary and is willing to perform the
professional services required by the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to sign the
attached and incorporated Professional Services Contract for firearms training and armory
services between the Yakima Police Department and Dennis Miner.
ADOPTED BY THE CITY COUNCIL this 5th day of April, 2016
ATTEST:
Sonya Claar Tee, City Clerk
Avina Gutierrez, Mayor
PROFESSIONAL SERVICES CONTRACT
THIS PROFESSIONAL SERVICES CONTRACT is made and entered into by and
between the City of Yakima, a Washington municipal corporation (hereafter the "City "), and
Dennis Miner (hereafter the "Contractor ").
WHEREAS, the City of Yakima requires professional services for work relating to
firearms for the City of Yakima;
WHEREAS, the Contractor represents that he has the expertise necessary and is willing
to perform the professional services required by the City in accordance with the terms and
conditions of this Contract;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Contractor as follows:
Section 1. Statement of Work
1.1 The professional services that the Contractor will provide to the Yakima Police
Department include:
a. Firearms training, including necessary assistance to YPD designated firearms
instructors for classroom instruction, reserve academy, Police Explorer academy,
practical, remedial, one -on -one certification, and any other requested firearms
training assignment.
b. Shoot qualification — provide assistance for scheduled shoots in the capacity of
firearms instructor /range officer.
C. Firearm, armory and firing range maintenance training, including instruction on
basic maintenance for all firearms and related equipment utilized by and /or under
the control of the Yakima Police Department.
d. Maintain and order appropriate levels of ammunition, guns, targets, holsters, and
other related YPD firearm supplies, including but not limited to maintaining
inventory control of ammunition as required by Yakima Police Department.
e. Law enforcement officer firearm training and certification as specified by the
Washington State Criminal Justice Training Commission.
f. Maintain all appropriate firearms training documentation, individual certification,
firearms identification, and other necessary /required documentation.
1.2 Except as otherwise specifically provided in this Contract, Contractor shall furnish the
following, all as may be required to perform the services described in paragraph 1.1 in
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accordance with this Contract: personnel, labor and supervision; and technical,
professional and other services. All such services, property and other items furnished or
required to be furnished, together with all other obligations performed or required to be
performed, by Contractor under this Contract are sometimes collectively referred to in
this Contract as the "Services."
1.3 The Yakima Police Department shall provide the Contractor the following:
a. Payment for the registration cost associated with the Smith and Wesson M &P Pistol
Armorer Course and the tool kit provided with the course. The tool kit will be the
property of the City of Yakima. Contractor will be responsible for costs associated
with travel, lodging and meals.
1.4 All provisions of this Contract are intended to be complementary, and any Services
required by one and not mentioned in another shall be performed to the same extent as
though required by all. Details of the Services that are not necessary to carry out the
intent of this Contract, but that are not expressly required, shall be performed or furnished
by Contractor as part of the Services, without any increase in the compensation otherwise
payable under this Contract.
Section 2. Period of Performance
2.1 The period of performance under this Contract will commence on the date that both
parties have executed this contract, and continue through December 31, 2018. Additional
extensions of two one -year terms may be offered, at the option of the City, making the
contract term a maximum period of performance to December 31, 2020. In the event the
City elects to extend the Contract for each additional one -year (1 -year) term, the City
shall provide written notice to the Contractor at least ninety (90) days prior to the end of
the Contract period, or on or before October 1st of an extension. The City's option to
extend the Contract for an additional one -year (1 -year) term is subject to a mutually
satisfactory agreement between the parties on the value of the services during the
additional one -year (1 -year) period(s).
Section 3. Compensation
3.1 As full compensation for satisfactory performance of the Services, the City shall pay
Contractor for his services at the rate of Thirty -Two Dollars ($32.00) per hour, plus
reimbursement for reasonable out of pocket expenses. If travel outside Yakima County is
needed, City shall reimburse Contractor for mileage to and from Yakima County at the
current Internal Revenue Service mileage rate at the time of the travel. If Contractor's
invoices include a request for disbursements and expenses reasonably incurred in the
course of the services, detail will be provided to support all entries, and a copy of the
applicable receipt, when available, will be attached to the Contractor's statement to
support disbursements and expenses. Extraordinary or unusual items will be discussed
with the City before the expense is incurred. The total amount of compensation that the
City may pay Contractor is not to exceed Forty Thousand Dollars ($40,000) per year for
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all fees and expenses, without advance notice to the City and agreement by the City, and
by written amendment to the Contract signed by the parties. The initial term of the
Contract is subject to an option to extend for two (2) additional one -year (1 -year) periods
if the City and Contractor can reach a mutually satisfactory agreement on the value of the
services for the additional one -year (1 -year) periods and as provided in Section 2.1
above.
3.2 The City and Contractor mutually agree that the Contractor's compensable hours worked
shall not exceed One Thousand Sixty Hours (1,060 hours) per year
3.3 The Contractor shall bill the City on a monthly basis for Contractor's services. The City
of Yakima shall pay each of Contractor's invoices within thirty (30) days after the City's
receipt and verification thereof, provided, however, that all such payments are expressly
conditioned upon Contractor providing services hereunder that are satisfactory to the
City.
3.4 Any additional service(s) provided by the Contractor which are to be paid by the City
must have prior written approval of the City.
Section 4. Performance by Contractor
4.1 Delegation of Professional Services. The services provided under this Contract shall be
performed by Contractor, and no person other than Contractor shall be engaged on such
work or services. Contractor shall not (by contract, operation of law or otherwise)
delegate or subcontract performance of any Services to any other person or entity without
the prior written consent of the City. Any such delegation or subcontracting without the
City's prior written consent shall be voidable at the City's option.
No delegation of subcontracting of performance of any of the Services, with or without
the City's prior written consent, shall relieve Contractor of Contractor's responsibility to
perform the Services in accordance with this Contract. Contractor shall be fully
responsible for the performance, acts and omissions of Contractor's employees, if any,
Contractor's subcontractors, and any other person who performs or furnishes any
Services (collectively, the "Support").
4.2 Contractor shall at all times be an independent contractor and not an agent or
representative of the City with regard to performance of the Services. Contractor shall
not represent that he is, nor hold himself out as, an agent or representative of the City. In
no event shall Contractor be authorized to enter into any agreement or undertaking for or
on behalf of the City.
4.3 Contractor shall perform the Services in a timely manner and in accordance with the
standards of the profession. At the time of performance, Contractor shall be properly
licensed, equipped, organized, and financed to perform the Services in accordance with
this Contract. Subject to compliance with the requirements of this Contract, Contractor
shall perform the Services in accordance with his own methods.
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Section 5. Compliance with Laws
5.1 Contractor shall comply with all applicable laws, ordinances, rules, regulations, orders,
licenses, permits, and other requirements of any governmental authority (including, but
not limited to, such requirements as may be imposed upon the City and applicable to the
Services). Contractor shall furnish such documents as may be required to effect or
evidence such compliance. All laws, ordinances, rules and orders required to be
incorporated in agreements of this character are incorporated in this Contract by this
reference.
Section 6. Taxes and Assessments
6.1 Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments that Contractor is required to pay, including but not limited to federal income
tax, FICA, social security tax, assessments for unemployment and industrial injury
insurance, and other deductions from income which may be required by law or assessed
against either party as a result of this Contract. In the event the City is assessed a tax or
assessment as a result of this Contract, Contractor shall pay the same before it becomes
due.
Section 7. Nondiscrimination Provision
7.1 During the performance of this Contract, Contractor shall not discriminate in violation of
any applicable federal, state and /or local law or regulation on the basis of race, age, color,
sex, religion, national origin, creed, marital status, disability, honorably discharged
veteran or military status, pregnancy, sexual orientation, political affiliation, or the
presence of any sensory, mental or physical handicap, 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 Contract.
Section 8. Inspection and Production of Records
8.1 The records relating to the Services shall, at all times, be subject to inspection by and
with the approval of the City, but the making of (or failure or delay in making) such
inspection or approval shall not relieve Contractor of responsibility for performance of
the Services in accordance with this Contract, notwithstanding the City's knowledge of
defective or non - complying performance, its substantiality or the ease of its discovery.
Contractor's records relating to the Services will be provided to the City upon the City's
request.
8.2 The firearms records, training records, and records relating to the professional services of
Contractor pursuant to this Contract are to be kept at the Yakima Police Department.
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8.3 Contractor shall promptly furnish the City with such information and records which are
related to the Services of this Contract as may be requested by the City. Until the
expiration of three (3) years after final payment of the compensation payable under this
Contract, or for a longer period if required by law or by the Washington State Secretary
of State's record retention schedule, Contractor shall retain and provide the City access to
(and the City shall have the right to examine, audit and copy) all of Contractor's books,
documents, papers and records which are related to the Services performed by Contractor
under this Contract.
8.4 All records relating to Contractor's services under this Contract must be made available
to the City, and the records relating to the services are City of Yakima Police Department
records. They must be produced to third parties if required pursuant to the Washington
Public Records Act, Chapter 42.56 RCW or by law. All records relating to Contractor's
services under this Contract must be retained by Contractor for the minimum period of
time required pursuant to the Washington State Secretary of State's record retention
schedule.
Section 9. Property and Confidential Information
9.1 Contractor shall not, without the prior written consent of the City, disclose to third parties
any information received in connection with the Services unless:
(a) information is known to Contractor prior to receiving the same directly or
indirectly in connection with the Services;
(b) information is in the public domain at the time of disclosure by Contractor; or
(c) information is received by Contractor from a third party who does not have an
obligation to keep the same confidential.
Section 10. Indemnification and Hold Harmless
10.1 The Contractor agrees to protect, defend, indemnify, and hold harmless the City, its
elected officials, officers, employees and agents from any and all claims, demands,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including reasonable attorneys' fees and
disbursements), resulting from negligent acts and /or omissions or willful misconduct of
the Contractor or his agents arising out of the performance of this Contract.
10.2 The City agrees to protect, defend, indemnify, and hold harmless the Contractor from any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including reasonable
attorneys' fees and disbursements), resulting from negligent acts and /or omissions or
willful misconduct of the City, its elected-and appointed officials, officers, employees, its
agents or subcontractors arising out of the performance of this Contract.
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10.3 The City agrees to protect, defend, indemnify, and hold harmless the Contractor from any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including reasonable
attorneys' fees and disbursements), resulting from Contractor's services under this
Contract or arising out of Contractor's performance of this Contract where Contractor
operates in good faith within the scope of this Contract, is not negligent and does not
engage in willful misconduct.
10.4 The terms of this Section shall survive any expiration or termination of this Contract.
10.5 Nothing contained in this Section or this Contract shall be construed to create a liability
or a right of indemnification in any third party.
Section 11. Insurance Provided by Contractor
11.1 At all times during performance of the Services, the Contractor shall secure and maintain
in effect insurance to protect the City and the Contractor from and against all claims,
damages, losses, and expenses arising out of or resulting fiom 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.
11.2 Commercial Liability Insurance. Before this Contract is fully executed by the parties,
Contractor shall provide the City with a certificate of insurance as proof of commercial
liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00)
per occurrence combined single limit bodily injury and property damage, and Two
Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage
limits, such limits shall be shown on the Certificate of Insurance and Endorsements and
the City of Yakima, its elected officials, officers, agents, and employees 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
policy shall name the City of Yakima, its elected officials, officers, agents, and
employees as additional insureds, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City thirty (30) calendar days 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.
11.3 Professional Liability Insurance. Before this Contract is fully executed by the parties,
Contractor shall provide the City with a certificate of insurance as evidence of
Professional Errors and Omissions Liability Insurance with coverage of at least One
Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least
One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider
is, the amount of coverage, the policy number, and when the policy and provisions
provided are in effect. The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the
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retroactive date of the insurance policy shall be on or before the inception date of the
Contract. The insurance coverage shall remain in effect during the term of this Contract
and for a minimum of three (3) years following the termination of this Contract.
Section 12. Changes
12.1 The City may, at any time by written notice thereof to Contractor, make changes in the
Services within the general scope of this Contract (including, but not limited to, additions
to or deletions from any Services, suspension of performance and changes and location of
performance).
12.2 If any change under paragraph 12.1 causes a significant increase or decrease in the cost of
the time required for performance of the Services, an equitable adjustment in the
compensation and schedules under this Contract shall be negotiated to reflect such
increase or decrease, and this Contract shall be modified in writing accordingly. Such
equitable adjustment shall constitute full compensation to Contractor for such change. If
any change under paragraph 12.1 results in a decrease in the Services to be performed,
Contractor shall not be entitled to anticipated profit on Services not performed and the
loss of anticipated profit shall not reduce the decrease in compensation under this
Contract resulting from such exchange. Further, Contractor shall not be entitled to any
reallocation of cost, profit or overhead.
12.3 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable
adjustment under paragraph 12.2, Contractor shall immediately proceed with
performance of the Services as changed pursuant to paragraph 12.1. If Contractor intends
to assert a claim for equitable adjustment under paragraph 12.2, Contractor must, within
thirty (30) days after Contractor's receipt of any notice under paragraph 12.1 that does
not set forth an acceptable adjustment, submit to the City a written statement of the basis
and nature of the adjustment claimed. Contractor shall not be entitled to any adjustment
unless such written statement is submitted by Contractor to the City within the applicable
period.
Section 13. Termination
13.1 The City may, by giving the Contractor thirty (30) calendar days written notice of
termination, terminate this Contract as to all or any portion of the Services not then
performed, whether or not Contractor is in breach or default, and with or without cause.
Upon receipt of any such notice of termination, Contractor shall, except as otherwise
directed by the City, immediately stop performance of the Services to the extent specified
in such notice. Contractor shall have the same termination rights as the City in
Section 13.
13.2 In the event of termination pursuant to paragraph 13.1, an equitable adjustment shall be
made in the compensation payable to Contractor under this Contract, provided that such
compensation as so adjusted shall in no event exceed a percentage of the total
compensation otherwise payable under this Contract equal to the percentage of the
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Services satisfactorily completed at the time of termination. Further, Contractor shall not
be entitled to any reallocation of cost, profit or overhead. Contractor shall not in any
event be entitled to anticipated profit on Services not performed on account of such
termination. Contractor shall use his best efforts to minimize the compensation payable
under this Contract in the event of such termination.
13.3 If the City purports to terminate or cancel all or any part of this Contract for Contractor's
breach or default when Contractor is not in breach or default which would permit such
termination or cancellation, such termination or cancellation shall be deemed to have
been a termination by the City pursuant to paragraph 13.1 and the rights of the parties
shall be determined accordingly.
Section 14. Miscellaneous
14.1 Assignment. This Contract, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by 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 stated herein.
14.2 No Conflict of Interest. Contractor represents that he and /or his employees, if any, do not
have any interest and shall not hereafter acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of this Contract.
Contractor further covenants that he will not hire anyone or any entity having such a
conflict of interest during the performance of this Contract.
14.3 No Insurance. It is understood that the City does not maintain liability insurance for
Contractor and /or his employees.
14.4 Severability. If any portion of this Contract is changed per mutual agreement or any
portion is held invalid, the remainder of the Contract shall remain in full force and effect.
14.5 Integration. This written document constitutes the entire agreement between the City and
Contractor. There are no other oral or written Contracts between the parties as to the
subjects covered herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing and executed by
both parties.
14.6 Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY: City Manager
City of Yakima
City Hall — First Floor
129 North Second Street
Yakima, WA 98901
Professional Services Contract Between
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AND TO: Chief of Police
Yakima Police Department
City of Yakima
200 South Third Street
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid, or hand
delivered. Such notices shall be deemed effective when hand delivered at the addresses
specified above, or three (3) days after the date of mailing to the addresses specified
above.
143 Governing Law. This Contract shall be governed by and construed in accordance with
the laws of the State of Washington.
14.8 Venue. The venue for any action to enforce or interpret this Contract shall lie in the
Superior Court of Washington for Yak-ima County, Washington.
By
Jeff Cutter, Interim City Manager
.-
Date: eL iq j
FINNUM
misjus
DENNIS MINER
VLB I
Dennis Miner
Date: 03 -Oq- 1(0'
Professional Services Contract Between
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