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HomeMy WebLinkAboutR-2002-113 John Haddix Consulting Services AgreementRESOLUTION NO. R 2002 -113 A RESOLUTION authorizing and directing the City Manager to execute an agreement for professional services between the City of Yakima and John Haddix for the purpose of performing Transit Planning services. WHEREAS, the City's Transit Division is dependent on nearly $1 million in operating and capital grants from the State and Federal Governments; and WHEREAS, the City is currently unable to meet the organization's Transit Planning needs for such services as planning, annual budgeting and securing grants due to a staffing vacancy; and. WHEREAS, John Haddix, has the experience and expertise to provide the necessary Transit Planning services and is willing to do so in accordance with the terms and conditions of the attached consulting services agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with John Haddix for Transit Planning services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated agreement by John Haddix for performing Transit Planning services. ADOPTED BY THE CITY COUNCIL this 3rd day of September, 2002. ATTEST: City Clerk Haddix Resolution 8-1-02 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 John Haddix (hereinafter "Consultant"). WHEREAS, the Transit Department of the City requires certain Transit Planning services. WHEREAS, Consultant 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 Consultant as follows: 1. Scope of Services. The Consultant shall provide the following services: a - The 2003 budget process - Provide guidance and Consulting in a coordinated effort in assuring that all areas of the Transit budget has been given the proper attention. b - Section 5307 Grant - Provide guidance and Consulting in assuring a successful 5307 grant application. It is crucial to receive the maximum amount possible, in order to stay on course with the bus replacement program. c - Various Reports and Program applications - Provide guidance in preparing DBE, Triennial Review, Equal Employment Opportunity Plan, Affirmative Action Plan, Civil Rights Title VI, Service Consumed Sampling Surveys, Annual Transit Summary, Six Year Transit Development Plan, Transit improvement Plan, etc. d - The new Transit Project Planner - Provide guidance in training the new planner on his/her duties and responsibilities. 2. Compensation. The City shall compensate Consultant for all services provided hereunder at the rate of Sixty Dollars ($60.00) per Consulting hour and Thirty Five Dollars (35.00) per Training (guidance) hour. All hours will be paid at straight -time rate. The total compensation provided to the Consultant under this Agreement shall not exceed 12,000 Dollars ($12,000.00). 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 legal bd/resolutions prof svc.con"acdj haddix the tenth day of each month during the term of this Agreement, Consultant shall submit a monthly invoice to the City evidencing all services provided during the preceding month. The City shall make payment to Consultant within thirty (30) calendar days upon receipt of the invoice. All payments are expressly conditioned upon Consultant providing 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 terminate at midnight on December 31, 2002, unless sooner terminated by either party in accordance with Section 17 of this Agreement. 5. Status of Consultant. The Consultant and the City understand and expressly agree that Consultant is an independent contractor in the performance of each and every part of this Agreement. The Consultant, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Consultant shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. 6. Taxes and Assessments. Consultant 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, Consultant shall pay the same before it becomes due. 7. Non -Discrimination. With regard to the services to be performed pursuant to this Agreement, Consultant shall not discriminate in violation of applicable federal, state, and/ or local law or regulation on the basis of race, age, Page 2 of 4 \ \ lsnt\ Users\ mskovald\ Transit\ Agenda Items\ Haddix transit -planner contract Revised.rtf 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, Consultant 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. Consultant 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. Consultant 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 Consultant. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Consultant 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 Consultant 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. 15. Non -Waiver. The waiver by Consultant 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. Page 3 of 4 \\Isnt\Users \mskovald\Transit \Agenda Items \Haddix transit -planner contract Revised.rtf J 16. Termination. The Consultant 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 Consultant 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 Consultant: Ken Mehin Transit Manager City of Yakima, Transit Division 2301 Fruitvale Blvd. Yakima, WA 98902 John Haddix 4809 Castleview 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 CONSULTANT By: R. A. Zais, Jr. City Manager Date: 5 c p , S a. 00.. By:p. John H ddix Date: _e 6, 26,5z Page 4 of 4 \ \Isnt\Users \mskovald\Transit\Agenda Items\Haddix transit -planner contract Revisedstf A1 1 EST: City Clerk CITY CONTRACT NO.Aa-. RESOLUTION NO. ,4-7,;740,;17-1/_13 Page 5 of 4 \ \Isnt\ Users \mskovaid\Transit\ Agenda Items\Haddix transit -planner contract Revised.rtf BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 17 For Meeting of: September 3, 2002 ITEM TITLE: A Resolution Authorizing a Consulting Services Agreement for Transit Planning Services SUBMITThD BY: Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager CONTACT PERSON/TELEPHONE: Ken K. Mehin, 576-6415 SUMMARY EXPLANATION: The attached resolution authorizes execution of a consulting services agreement with John Haddix to perform a variety of Transit planning functions on . an as -needed basis. Mr. Haddix has more than ten (10) years of Transit Planning experience. He has retired from City service earlier this year, and the position will not be filled for a couple of months. Yet, in the meantime, his expertise under this contract will be used to place the City and the Transit Division on the required path to submit proper documentation for nearly $1 million in Capital and Operating grants for the 2002-2003 cycle. These specialized services include guidance and consulting services for, several projects for the Transit Division including: • The 2003 Budget Process. This is to ensure proper attention is provided for all areas of the Transit budget. The Transit budget is an integral piece of the overall grant submittal process. • Section 5307 Grant. This is to prepare for grant application submittal for the Transit Capital program. (Continued on next page) Resolution X Ordinance Other (Specify) Consulting Services Agreement Contract Mail to (name and address) : Funding Source: Transit Division - not to exceed $12,000 APPROVED FOR SUBMITTAL : City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council adoption of the resolution authorizing execution of a Consulting Services Agreement with John Haddix for Transit Planning Services. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-113 7 Agenda Item September 3, 2002 Page two • Various Required Reports and Program Applications. This is for the preparation of the Disadvantaged Business Enterprise (DBE), Triennial Review, Equal Employment Opportunity Plan (EEOP), Affirmative Action Plan, Civil Rights Title VI, Service Consumed Sampling, Annual Transit Summary, Six -Year Transit Development Plan, and the Transit Improvement Plan. • Transit Project Planner Position. This is to provide guidance and training for the duties and responsibilities for the Transit Project Planner position. The position has been "right -sized" and approved by City Council on August 6, 2002.