HomeMy WebLinkAboutProthman - Finance Consultant Agreement (Diane Marcotte) July 16, 2018
Mr. Cliff Moore
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
Dear Mr. Moore:
Thank you for your confidence in the Prothman Company. Below is our standard agreement for
providing Finance Consultant services.
Term. The term of this Agreement is ongoing, provided the. City of Yakima may terminate this
agreement at any time. The anticipated period of engagement will be six (6) weeks but that
term may be shorter or longer as agreed between the parties. Either party may terminate this
Agreement, which would be immediately effective upon notification. Notice may be via mail,
telephone call, or by electronic means. Upon termination, all documents and files that were
worked on pursuant to this Agreement shall be turned over to the City.
Prothman Finance Consultant. The Prothman Finance Consultant serves as a Prothman
Company employee assigned to the City of Yakima and shall perform such duties as assigned
by the City. The City shall have the right to direct the Prothman Company to replace the
Finance Consultant at any time.
Employer Duties of the Prothman Company. The Prothman Company shall provide a
Prothman Company employee qualified to act as the City's Finance Consultant during the term
of the contract. The Prothman Company shall (1) pay all wages and other remuneration to its
employee who is provided under this Agreement, (2) prepare and file all payroll tax returns and
reports, (3) pay all amounts due and owing pursuant to the payroll tax returns and reports, (4)
prepare, file, and furnish to the employee applicable employee tax forms, (5) prepare and file,
with a copy to the City,.applicable employer tax forms and (6) ensure employee insurance
coverage requirements are complied with.
The Prothman Company employee shall not be considered an employee of the City, nor shall
they be entitled to any benefits provided to City employees.
Duties of the City. When applicable, the City shall provide a work place for the Finance
Consultant and maintain the work place in accordance with applicable health and working
standards, notify the Prothman Company immediately of all employee injuries and provide
reimbursement to the Finance Consultant for costs incurred as a result of performing City
business such as mileage, travel expenses and other similar costs at the normal City rates and
in accordance with the City's travel cost reimbursement policies.
Fees & Expenses. The Finance Consultant's hourly rate is $130 for each hour worked by the
Finance Consultant. The Finance Consultant's mileage will be billed at the IRS rate, travel time
will be billed at $65 per hour, and the City will be billed for the direct cost of lodging for any
overnight stays. Invoices will be submitted to the City every two weeks and are due within thirty
(30) days of receipt. A 3% charge will be added reflecting Prothman's City of Issaquah and
Washington State B&O tax obligations. The City is also responsible for any client-required
licenses, fees or professional license-related taxes. Delinquent payments will be subject to a
206.368.0050 • 371 NE Gilman Blvd., Suite 310 Issaquah,WA 98027 ♦ www.prothman.com
automobile liability insurance and commercial umbrella liability insurance with a total minimum
liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily
injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If neither Prothman nor Consultant own any vehicles, only "Non-owned and Hired
Automobile Liability" will be required and may added to the commercial liability coverage at the
same limits as required in that section of this Contract, which is Section 2 entitled "Commercial
Liability Insurance".
c. Under either situation described above in Section 3.a and Section 3.b, the required
certificate of insurance 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, its elected officials, officers,
agents, employees, and volunteers as additional insureds. 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.
4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
Prothman shall provide the City with a certificate of insurance as proof of professional liability
coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim
combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) aggregate. 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. The
insurance shall be with an insurance company or companies rated A-VII or higher in Best's
Guide. If the policy is written on a claims made basis the coverage will continue in force for an
additional two years after the completion of this contract.
Jurisdiction and Venue. In the event a dispute arises over the terms of this Agreement and
the parties are unable to resolve the dispute through cooperative mediation the parties agree
that the disputed issues shall be resolved in a court of competent jurisdiction in Yakima County,
Washington.
Accepted by:
CITY OF YAKIMA PROT MAN
C �Q� l O � /V� 7/16/18
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CITY CONTRACT NO:
RESOLUTION NO: n fa
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