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HomeMy WebLinkAboutR-2004-036 John Haddix AgreementRESOLUTION NO. R 2004 - 36 A RESOLUTION authorizing and directing the City Manager to execute a Professional Services Agreement for Transit Planning Services between the City of Yakima and John Haddix. 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 has recently hired employees to meet the organization's Transit Planning needs for such essential services as planning and annual budgeting; 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 execute a Professional Services Agreement with a termination date of December 31, 2004, with John Haddix for Transit Planning services on an as -needed basis, 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 "Professional Services Agreement" with John Haddix for Transit Planning services on an as -needed basis. ADOPTED BY THE CITY COUNCIL this 17thday of February 2004. ,01 CO Paul P. George, Mayoran`C- ATTEST: City Clerk Haddix Resolution 02 04 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT, hereinafter an "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 Division of the City requires certain specialized Transit Planning services. WHEREAS, Consultant has experience and expertise regarding said specialized services, and agrees to perform said 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 Work. The Consultant shall provide services, staff, specialized equipment, and otherwise do all things necessary for or incidental to the performance of the following work: a - The 2005 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 Transit Project Planner - Provide oversight in reviewing 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 Four Thousand Dollars ($4,000.00). This hourly rate shall include and cover any and all costs of providing these services, Page 1 of 5 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, 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, 2004, 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 free from supervision by the City over the methods and details of performance except as provided herein. Additionally, and as an independent contractor, Consultant and its employees shall make no claim against the City for employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Consultant or any officer, employee or agent of Consultant and the City. 6. Taxes and Assessments. Consultant shall be solely responsible for compensating his 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, Consultant shall pay the same before it becomes due. Page 2 of 5 7. Non -Discrimination. During the performance of this Agreement, Consultant shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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. 8. The Americans With Disabilities Act. . 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 and/or his employees 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 Agreement. 11. No Insurance provided by City. It is understood the City does not maintain liability insurance for Consultant and/or his employees. 12. Accountant's Errors and Omissions Insurance. Within sixty (60) days of execution of this Agreement, Consultant shall provide the City with evidence of accountant's errors and omissions insurance coverage with limits of $500,000. The policy will be subject to a deductible of $5,000 or less. Said errors and omissions insurance coverage shall be in effect for the remainder of the term of this Agreement and for a one (1) year period after the Agreement expires. The policy shall name the City, 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 (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance coverage shall be placed with an insurance company that has a rating of A -VIII or better in Best's Guide. Page 3 of 5 13. 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. 14. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 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 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. 17. 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. 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: To City: Page 4 of 5 Ken Mehin Transit Manager City of Yakima, Transit Division 2301 Fruitvale Blvd. Yakima, WA 98902 To Consultant: 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. 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: ��1\ Dick Zais, dty Manager Date: a - Za-ti CONSULTANT By: Page 5 of 5 hn Haddix Date:Ziag6q- CITY CONTRACT NO. eztito --R RESOLUTION NO. AQaDD1.35 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 411-1 For Meeting of: February 17, 2004 A Resolution Authorizing a Professional Services Agreement for Transit Planning Services on an As -Needed Basis Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager CONTACT PERSON/TELEPHONE: Ken K. Mehin, 576-6415 SUMMARY EXPLANATION: The attached resolution authorizes a Professional Services Agreement with John Haddix to perform a variety of consulting services for several specialized projects on an "as - needed" basis. Specialized services include guiding the preparation of several reports, assisting with annual 2005 budgeting and submitting applications to secure grants for the Transit Capital program. Last year these services cost the city Tess than $1,500, yet secured over $1 million in revenue. Staff anticipates that the cost of these services not to exceed the 2003 funding level of $4,000. If Council approves this request, the agreement would expire December 31, 2004. Resolution X Ordinance_Other (Specify) Professional Services Agreement Mail to (name and address): Funding Source: Transit Division,.•t to exceed '.:._000 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council adoption of the resolution authorizing a Professional Services Agreement with John Haddix for Transit Planning Services on an as -needed basis until December 31, 2004. BOARD/COMMISSION RECOMMENDATION: The Council Transit Committee recommends that the City Council adopt the resolution authorizing a Professional Services Agreement with John Haddix for Transit Planning services on an as -needed basis until December 31, 2004. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-36