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HomeMy WebLinkAboutR-2001-040 Shelly Pelzel Professional Services AgreementRESOLUTION NO. R-2001-40 A RESOLUTION authorizing the Cly 'Manager of the City- of Yakima to execute a Professional Services Agreement with Shelly Pelzel, for computer setup and installation services. WHEREAS, the City of Yakima requires professional services for computer setup and installation services; and WHEREAS, Shelly Pelzel has the experience and expertise to provide said professional 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 proposed and attached agreement with Shelly Pelzel for computer setup and installation 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 Shelly Pelzel for computer setup and installation services. ADOPTED BY THE CITY COUNCIL this 6th day of March, 2001. ATTEST: City Clerk (1k)re, Pebel 01/pm Mace, 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 Shelly Pelzel (hereinafter "Contractor"). WHEREAS, the Information Systems Division of the City requires computer setup and installation services. WHEREAS, Contractor has experience and expertise regarding said 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. When requested by the City, the Contractor shall do the following: a. Unpack, assemble and check new computers, keyboards, monitors and other related peripheral equipment to verify proper operation and ascertain problems. b. Install additional hardware devices and software packages. c. Set up appropriate network protocol and other network connections for all new computers. d. Provide other computer setup and installation services. 2. Compensation. The City shall compensate Contractor for all services provided hereunder at the rate of Thirty Dollars ($30.00) per hour. The total monthly compensation provided to the Contractor under this Agreement shall not exceed One Thousand Nine Hundred Fifty Dollars ($1,950.00) (based upon a maximum number of sixty-five (65) service hours per month). 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 services provided during the preceding month. The City shall make payment to Contractor within thirty (30) calendar days upon receipt of the invoice. All payments are expressly conditioned upon Contractor providing services hereunder that are satisfactory to the City. 3. Inspection and Audit. Contractor 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. Page 1 of 3 (1k)agr-info system services 01 -pm 4. Term of Agreement. The term of this Agreement shall commence upon full execution by all parties and shall continue in duration until terminated by either party in accordance with Section 16 of this Agreement. 5. Status of Contractor. The 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. With regard to the services to be performed pursuant to 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. With regard to the services to be performed pursuant to this Agreement, 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. 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. 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. 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 full force and effect. 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 3 (1k)agr-info system services 01 -pm 15. 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. 16. Termination. The Contractor or the City may terminate this Agreement, with or without cause, by giving the other party ten (10) days advance written notice of termination. In the event of such termination, the Contractor shall be compensated for services rendered up to the termination date in accordance with Section 2 of this Agreement 17. 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. 18. 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: To City: To Contractor: Rick Pettyjohn Information Systems Manager Yakima City Hall 129 North Second Street Yakima, WA 98901 Shelly Pelzel 180 Cedar Hill Dr. Yakima, WA 98908 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. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. 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, r. City Manager Date: 'Yktovt-cid a 00 ATTEST: 46kit /20--6;( . r � CONTRACTOR City Clerk CITY CONTRACT NO. RESOLUTION NO. Page 3 of 3 (ik)agr-info system services O1 -pm 2001-22 R-2001--40 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 5K 1 Item No. C; For Meeting Of 3-6-01 Resolution Authorizing Execution of a Personal Services Agreement with Shelly Peizel for Computer Setup and Installation Services SUBMITTED BY: Rita Anson, Director of Finance and Budget CONTACT PERSON/TELEPHONE: Rita Anson, Director of Finance and Budget — 575-6070 Rick Pettyjohn, Information Systems Mgr — 575-6098 SUMMARY EXPLANATION: This Resolution authorizes execution of the attached Professional Services Agreement for personal computer setup and installation services. Information Systems requires these services due an increasing computer support workload and staff shortages. The 2001 Information Systems budget includes funding specifically approved for this purpose. Resolution _X_ Ordinance _ Other (Specify) Contract X Mail to (name and address): Phone Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-40