HomeMy WebLinkAboutR-2003-017 John Haddix Agreement ExtensionRESOLUTION NO. R-2003 17
A RESOLUTION authorizing and directing the City Manager to execute an
amendment to the 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 is currently unable to meet the organization's Transit
Planning needs for such essential 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 execute an extended agreement until December 31, 2003 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 amended Professional Services Agreement with John Haddix for
Transit Planning services.
ADOPTED BY THE CITY COUNCIL this 4th day of February 2003.
ATTEST:
GthiLw
City Clerk
Haddix Resolution 2403
ry Place, Mayor
AMENDED 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 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 2004 budget process - Provide guidance and Consulting m 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
the tenth day of each month during the term of this Agreement, Consultant shall
Page 1 of 4
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,
2003, 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,
color, sex, religion, national origin, creed, marital status, political affiliation, or
the presence of any sensory, mental or physical handicap.
Page 2 of 4
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. 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
insurance coverage shall be placed with an insurance company that has a rating
of A -VIII or better in Best's Guide.
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. 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.
Page 3 of 4
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: 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:���
Dick Zais,.City Manager
Date: a//0/93
ATTEST:
City Clerk
CONSULTANT
By: I,
hn Haddix
Date: 2//q1
Page 4 of 4
CITY CONTRACT NO. 090.3 //
RESOLUTION NO. ,e-geie /7
BUSINESS OF THE CITY COUNCIL
YAKIMA, 'WASHINGTON
AGENDA STATEMENT
Item No. / 0
For Meeting of • Februanr 4, 2003
ITEM TITLE. A Resolution Authorizing an Amendment to the
Professional Services Agreement for Transit Planning
Services
SUBMITTED BY Chris Waarvick, Director of Public Works
Ken Mehin, Transit Manager
CONTACT PERSON/TELEPHONE.
SUMMARY EXPLANATION
The attached resolution authorizes an amendment to the existing Professional
Services Agreement for transit planning services on an as -needed basis. If
Council approves this request, the term of the agreement would be extended
until December 31, 2003.The current expiration date was the end of last year
These specialized services include guidance and consulting services for several
essential projects for the Transit Division, including planning and preparing
various reports, assisting with annual 2004 budgeting and securing grants for the
Transit. Capital program. These services cost the city less than $4,000 in 2002
yet secured approximately $600,000 in revenue Staff anticipates that the cost
of these services not to exceed 2002's level.
Ken K. Mehin, 576-6415
Resolution X Ordinance _ Other (Specify) Professional Services Agreement
Contract Mail to (name and address) :
Funding Source: Transit Division — not to `; eed $ • • ,000
/, _ ' '
APPROVED FOR SUBMITTAL : City Manager / �.
STAFF RECOMMENDATION Staff respectfully requests City Council adoption
of the resolution authonzing an amendment to the Professional Services
Agreement with John Haddix for Transit Planning Services until
December 31, 2003
BOARD/COM USSION RECOMMENDATION The Council Transit Committee was
briefed on this matter at its January. 30, 2003 meeting and has extended its
support for this request.
COUNCIL ACTION
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.contract/j 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
\\Isnt\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
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: A By: o 1
R. A. Zais,Manager Joi
Jr. Cityx
Date: 5c -pt, / , 6 d. 00x-- Date: � 6/ 2 �`.
Page 4 of 4
\ \ Isnt \ Users\ mskovald \ Transit \ Agenda Items\Haddix transit -planner contract Revised.rtf
A'1"1'EST:
61,A.e.„„,-
City Clerk
CITY CONTRACT NO.A7
RESOLUTION NO. /?-d)—/t3
Page 5 of 4
\ \ Isnt\ Users \ mskovald \ Transit\ Agenda Items\Haddix transit -planner contract Revised.rtf
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1(1 0
For Meeting of: September 3, 2002
A Resolution Authorizing a Consulting Services
Agreement for Transit Planning Services
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
_ a a rt.
ngcilua Item
September 3, 2002
Q61. lwv
• Various Re. uired Re . orts and Pro ram A
lications. This is for the
preparationof t}te Disadvantaged Rusin PCC 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 c, 2002.
RESOLUTION 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