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Home My WebLink AboutR-1999-156 Professional Services Agreement with Michael Gaudette for provision of code inspections services.RESOLUTION NO. R-99- 156 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement with Michael Gaudette for the purpose of obtaining code inspection services. WHEREAS, the Code Administration Division requires professional code inspection services; and WHEREAS, at this time the Code Administration Division does not have sufficient personnel or expertise to provide all code inspection services that need to be performed; and WHEREAS, Michael Gaudette has the expertise necessary to provide said professional code inspection services to the City, and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached professional services agreement with Michael Gaudette for the purpose of obtaining professional code inspection services; 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 execute the attached and incorporated "Professional Services Agreement" with the Michael Gaudette for the purpose of obtaining professional code inspection services. ADOPTED BY THE CITY COUNCIL this 21th day of December,1999. ATTEST: r 1,Gch_e cmc. City Clerk (11c)res/code inspection/gaudette/.pm John Puccinelli, Mayor PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT, hereinafter "Agreement", is made and entered into by and between the City of Yakima, a Washington State municipal corporation, hereinafter the "City", and Michael Gaudette, hereinafter "Contractor". WHEREAS, the Code Administration Division of the City requires certain inspection services. WHEREAS, Contractor has experience and expertise regarding said inspection services, and agrees to perform these services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. The Contractor shall do the following: a. Read, interpret and enforce building plans and specifications to ensure compliance with all applicable provisions of the Yakima Municipal Code, including all Uniform Codes (i.e., Uniform Plumbing Code, Uniform Building Code) that have been adopted by the City of Yakima. b. Schedule and conduct code inspections. c. Maintain proper and accurate records that contain relevant information and details from all code inspections conducted by the Contractor. d. Provide technical information to members of the public regarding zoning, building, and other related codes and ordinances enforced by the City of Yakima Office of Code Administration. 2. Compensation. The City shall compensate Contractor for all services provided hereunder at the rate of Twenty -Two and No/100 Dollars ($22.00) per hour. The total compensation provided to the Contractor under this Agreement shall not exceed Eleven Thousand Four Hundred Eighteen Dollars ($11,418.00) (based upon a maximum number of 519 service hours). This hourly rate shall include and cover any and all costs of providing these services, including, but not limited to, travel expenses, overhead, material, and supplies. On or by the tenth day of each month during the term of this Agreement, Contractor shall submit a monthly invoice to the City evidencing all inspection services provided during the preceding month. The City shall make payment to Contractor within thirty (30) calendar days upon Page 1 of 4 (1k)agr-codes inspector services 99 -pm receipt of the invoice. All payments are expressly conditioned upon Contractor providing training services hereunder that are satisfactory to the City. 3. Inspection and Audit. Provider shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or of the Washington State Auditor at all reasonable times, and Provider shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or of the Washington State Auditor where necessary to conduct or document an audit. Provider shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 4. Term of Agreement. The term of this Agreement shall commence upon full execution by all parties and shall continue in duration until the Contractor has provided five hundred and nineteen (519) hours of satisfactory service hereunder to the City or until terminated by either party in accordance with Section 17 of this Agreement, whichever event shall first occur; provided, however, that in any event the term of the Agreement shall not continue beyond midnight, May 1, 2000. 5. Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Agreement. The Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Contractor shall make no claim of City employment nor shall claim any related employment benefits, social security, and/ or retirement benefits. 6. Taxes and Assessments. Contractor shall be solely responsible for paying all 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, Contractor shall pay the same before it becomes due. 7. Non -Discrimination. During the performance of this Agreement, Contractor shall not discriminate in violation of applicable federal, state, and/or local law or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 8. The Americans With Disabilities Act. Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. Page 2 of 4 (lk)agr-codes inspector services 99 -pm 9. Compliance With Law. Contractor agrees to perform all services 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. 10. No Conflict of Interest. Contractor represents that he does 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 Agreement. 11. No Insurance provided by City. It is understood the City does not maintain liability insurance for Contractor. 12. Indemnification and Hold Harmless. Contractor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, fines, penalties, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of Contractor in connection with or incidental to the performance or non-performance of the inspection services and other obligations and duties required of Contractor under this Agreement. 13. 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. 14. 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 full force and effect. 15. 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. 16. Non -Waiver. The waiver by Contractor or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 17. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days advance written notice of termination. 18. 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. 19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their addresses as follows: Page 3 of 4 (ik)agr-codes inspector services 99 -pm To City: To Contractor: Doug Maples Code Administration Manager Yakima City Hall 129 North Second Street Yakima, WA 98901 Michael Gaudette Certified Inspection Services 6802 West Prasch Avenue Yakima, WA 98902 or to such 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 mailed or hand -delivered at the addresses specified above. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 21. 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: R. A. Zais, Jr. ity Manager Date: ATTEST: City Clerk -9r9 CITY CONTRACT NO. 99-130 RESOLUTION NO. R-99-156 Page 4 of 4 (lk)agr-codes inspector services 99 -pm CONTRACTOR Michael Gaudette Date: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON ' AGENDA STATEMENT Item No.: 1 t �1 For Meeting of: December 21, 1999 ITEM TITLE: Resolution authorizing and directing the City Manager of the City of Yakima to execute a Professional Services Agreement. SUBMITTED BY: William Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration Manager 575-6262 SUMMARY EXPLANATION: Professional Service Agreement to cover the vacancies created by medical leave for inspection personnel. One inspector will potentially be off for 4 months resulting from surgery. The funds to pay for this professional service agreement is within budget due to the medical leave of the individual. The professional service agreement is only to fill the vacancy created by inspection individual's absence. Upon the ream of permanent personnel the contract will become null and void. Resolution X_ Ordinance Contract X Other Specify Funding Source: General Fund ( Administration ) APPROVAL FOR SUBMITTAL: V`- City Manager STAFF RECOMMENDATION: Authorize Professional Services Agreement BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: