HomeMy WebLinkAboutMartinez, Joseph dba Covert Special Investigations - Investigating Services AMENDMENT NO. 1
TO
AGREEMENT BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
COVERT SPECIAL INVESTIGATIONS
FOR INVESTIGATIVE SERVICES
WHEREAS, the City of Yakima, hereinafter referred to as the "CITY" and Covert Special
Investigations, hereinafter r ferred to as "CONTRACTOR" entered into an agreement for
investigative services on (< ) day of, , , 2015 (hereafter "Agreement ");
and U
WHEREAS, the CITY and CONTRACTOR have agreed that extra time is needed in order
to complete the investigation; and
WHEREAS, because of the extra time and expense incurred by CONTRACTOR to
complete such additional work, the CITY and CONTRACTOR have agreed to amend Section 5.2
of the Agreement to increase compensation payable under the Agreement from Two Thousand
Five Hundred Dollars ($2,500.00) to Seven Thousand Five Hundred Dollars ($7,500.00); and
WHEREAS, the parties agree that, except as amended herein, the terms and provisions
of the original Agreement shall remain in effect subject to the modifications made pursuant to this
amendment.
AMENDMENT
Section 1. Section 5.2 of the Agreement is hereby amended to read:
Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Seven Thousand Five Hundred Dollars ($7,500.00). The
CONTRACTOR will make reasonable efforts to complete the WORK within the budget
and will keep CITY informed of progress toward that end so that the budget or WORK
effort can be adjusted if found necessary. The CONTRACTOR is not obligated to incur
costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay
the CONTRACTOR beyond these limits. When any budget has been increased, the
CONTRACTOR'S excess costs expended prior to such increase will be allowable to the
same extent as if such costs had been incurred after the approved increase, and provided
that the City was informed of and had approved, in writing, the additional costs before the
time such costs were incurred.
Section 2. Exhibit B of the Agreement is amended to provide that total compensation
payable to CONTRACTOR shall not exceed Seven Thousand Five Hundred Dollars ($7,500.00).
Section 3. Except as amended herein, the provisions of the Agreement shall remain
unchanged.
Section 4. This amendment shall be effective as and from the date executed by the
last party to sign below.
1
CITY OF' AKIMA JOSEPH MARTINEZ
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For City of Yakima Use Only: AGREEMENT
Contract No. BETWEEN
Project No.
Resolution No. CITY OF YAKIMA, WASHINGTON
RFQP No
AND
COVERT SPECIAL INVESTIGATIONS
FOR INVESTIGATIVE SERVICE d' ( S
THIS AGREEMENT, is made and entered into on this day of , 2015, by
and between the City of Yakima, Washington, a municipal corporation with its principa office at 129
North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY ", and Joseph Martinez, DBA
Covert Special Investigations, a private contractor, with his principal office at 211 S. 80` Avenue, Yakima,
WA 98908, hereinafter referred to as "CONTRACTOR ". CONTRACTOR will provide professional
investigative services under this Agreement hereinafter referred to as "SERVICES" on behalf of the City of
Yakima.
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONTRACTOR to provide services described in this
Agreement,; and
WHEREAS, CONTRACTOR represents that it has available and offers to provide knowledge and
experience necessary to satisfactorily accomplish the work within the required time and that it has no
conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.1 CONTRACTOR agrees to perform those services described hereafter. Unless modified in writing
by both parties, duties of CONTRACTOR shall not be construed to exceed those services
specifically set forth herein.
2.2 CONTRACTOR shall use its best efforts to maintain continuity in personnel and shall assign,
Joseph Martinez as Consultant -in- Charge throughout the term of this Agreement unless other
personnel are approved by the CITY.
2.3 Basic Services: CONTRACTOR agrees to perform those tasks described in Exhibit A, entitled
"Scope of Work" (WORK) which is attached hereto and made a part of this Agreement as if fully
set forth herein.
2.4 Additional Services: CITY and CONTRACTOR agree that not all WORK to be performed by
CONTRACTOR can be defined in detail at the time this Agreement is executed, and that
additional WORK related to the Project and not covered in Exhibit A may be needed during
performance of this Agreement. CITY may, at any time, by written order, direct the
CONTRACTOR to revise portions of the WORK previously completed in a satisfactory manner,
RFQP 11323 /Page 1 of 10
delete portions of the WORK, or request that the CONTRACTOR perform additional WORK
beyond the scope of the WORK. Such changes hereinafter shall be referred to as "Additional
Services."
2.4.1 If such Additional Services cause an increase or decrease in the CONTRACTOR'S cost
of, or time required for, performance of any services under this Agreement, a contract
price and /or completion time adjustment pursuant to this Agreement shall be made and
this Agreement shall be modified in writing accordingly.
2.4.2 Compensation for each such request for Additional Services have been negotiated by the
CITY and the CONTRACTOR and shall be provided at the same hourly rate as shall
apply to the performance contracted for herein and set forth in Exhibit B, attached hereto
and incorporated herein by this reference, and if so authorized, shall be considered part of
the WORK. The CONTRACTOR shall not perform any Additional Services until so
authorized by CITY and agreed to by the CONTRACTOR in writing.
2.5 The CONTRACTOR must assert any claim for adjustment in writing within thirty (30) days from
the date of the CONTRACTOR'S receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY - FURNISHED DATA: The CITY will provide to the CONTRACTOR all technical data in
the CITY'S possession relating to the CONTRACTOR'S services on the WORK.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to CONTRACTOR as required for CONTRACTOR'S performance of its services.
3.3 TIMELY REVIEW: The CITY will examine the CONTRACTOR'S studies, reports, proposals,
and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond
and financial advisors, and other consultants as CITY deems appropriate; and render in writing
decisions required of CITY in a timely manner. Such examinations and decisions, however, shall
not relieve the CONTRACTOR of any contractual obligations nor of its duty to render
professional services meeting the standards of care for its profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. CONTRACTOR shall be entitled to reasonably rely on such instructions
made by the CITY'S Representative unless otherwise directed in writing by the CITY, but
CONTRACTOR shall be responsible for bringing to the attention of the CITY'S Representative
any instructions which the CONTRACTOR believes are inadequate, incomplete, or inaccurate
based upon the CONTRACTOR'S knowledge.
3.5 Any documents, services, and reports provided by the CITY to the CONTRACTOR are available
solely as additional information to the CONTRACTOR and will not relieve the CONTRACTOR
of its duties and obligations under this Agreement or at law. The CONTRACTOR shall be
entitled to reasonably rely upon the accuracy and the completeness of such documents, services
and reports, but shall be responsible for exercising customary professional care in using and
reviewing such documents, services, and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants CONTRACTOR specific authorization to proceed with
WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
RFQP 11323 /Page 2 of 10
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the
services described in Exhibit A, compensation shall be according to Exhibit B - Schedule of
Specific Fees and Hourly Rates, attached hereto and incorporated herein by this reference, on a
time spent basis plus reimbursement for direct non -salary expenses.
5.1.1 DIRECT NON - SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for CONTRACTOR'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT - related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non - Salary Expenses will be on the basis of
actual charges plus ten percent (10 %) and on the basis of current rates when furnished by
CONTRACTOR. Estimated Direct Non - Salary Expenses are shown in Exhibit B.
5.1.1.1
5.1.2 Telephone charges, computer charges, in -house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Twenty Five Hundred Dollars ($2,500.00). The CONTRACTOR will
make reasonable efforts to complete the WORK within the budget and will keep CITY informed
of progress toward that end so that the budget or WORK effort can be adjusted if found necessary.
The CONTRACTOR is not obligated to incur costs beyond the indicated budget, as may be
adjusted, nor is the CITY obligated to pay the CONTRACTOR beyond these limits. When any
budget has been increased, the CONTRACTOR'S excess costs expended prior to such increase
will be allowable to the same extent as if such costs had been incurred after the approved increase,
and provided that the City was informed of and had approved, in writing, the additional costs
before the time such costs were incurred.
5.3 The CONTRACTOR shall submit to the City's Representative an invoice for payment for services
completed through the accounting cut -off day of the previous month. Such invoices shall be for
services and WORK performed and costs incurred prior to the date of the invoice and not covered
by previously submitted invoices. The CONTRACTOR shall submit with each invoice a detailed
summary of time expended on the PROJECT for the current billing period, and any other
supporting materials determined by the City necessary to substantiate the costs incurred. CITY
will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of
the WORK done and amount billed. CITY will notify the CONTRACTOR promptly if any
problems are noted with the invoice. CITY may question any item in an invoice, noting to
CONTRACTOR the questionable item(s) and withholding payment for such item(s). The
CONTRACTOR may resubmit such item(s) in a subsequent invoice together with additional
supporting information required.
5.4 Payment terms are net 30 after receipt of approved invoice(s).
SECTION 6 RESPONSIBILITY OF CONSULTANT
6.1 INDEMNIFICATION:
(a) CONTRACTOR agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents and volunteers (hereinafter "parties
protected ") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys fees) and (2) judgments, awards,
losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by
third parties arising out of, or related to any death, injury, damage or destruction to any
RFQP 11323 /Page 3 of 10
person or any property to the extent caused by any negligent act, action, default, error or
omission or willful misconduct arising out of the CONTRACTOR'S performance under
this Agreement. In the event that any lien is placed upon the City's property or any of the
City's officers, employees or agents as a result of the negligence or willful misconduct of
the CONTRACTOR, the CONTRACTOR shall at once cause the same to be dissolved
and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify and hold the CONTRACTOR harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss, cost,
or expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection
with the service.
(c) If the negligence or willful misconduct of both the CONTRACTOR and the CITY (or a
person identified above for whom each is liable) is a cause of such third party claim, the
loss, cost, or expense shall be shared between the CONTRACTOR and the CITY in
proportion to their relative degrees of negligence or willful misconduct and the right of
indemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
SECTION 7 AUDIT AND ACCESS TO RECORDS
7.1 The CONTRACTOR shall maintain books, records, documents and other evidence directly
pertinent to performance of the WORK under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied. The CITY, or the CITY'S duly
authorized representative, shall have access to such books, records, documents, and other evidence
for inspection, audit, and copying for a period of three years after completion of the WORK. The
CITY shall also have access to such books, records, and documents during the performance of the
WORK, if deemed necessary by the CITY, to verify the CONTRACTOR'S WORK and invoices.
7.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
7.3 The CONTRACTOR agrees to the disclosure of all information and reports resulting from access
to records pursuant to this section provided that the CONTRACTOR is afforded the opportunity
for an audit exit conference and an opportunity to comment and submit any supporting
documentation on the pertinent portions of the draft audit report and that the final audit report will
include written comments, if any, of the CONTRACTOR.
7.4 The CONTRACTOR shall ensure that the foregoing paragraphs are included in each subcontract
for WORK.
7.5 Any charges of the CONTRACTOR paid by the CITY which are found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 8 INSURANCE
8.1 At all times during performance of the Services, CONTRACTOR shall secure and maintain in
effect insurance to protect the City and the CONTRACTOR from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Contract.
CONTRACTOR shall provide and maintain in force insurance in limits no less than that stated
below, as applicable. The City reserves the rights to require higher limits should it deem it
necessary in the best interest of the public.
RFQP 11323 /Page 4 of 10
8.1.1 Before this Contract is fully executed by the parties, CONTRACTOR shall provide the
City with a certificate of insurance as proof of professional liability coverage with a
total minimum liability limit of One Million Dollars ($1,000,000.00) 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.
8.1.2. Commercial Automobile Liability Insurance.
a. If CONTRACTOR owns any vehicles, before this Contract is fully executed by
the parties, CONTRACTOR shall provide the City with a certificate of insurance as
proof of commercial 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 CONTRACTOR does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Contract, which is
Section 8.1.1 entitled "Commercial General Liability Insurance ".
c. Under either situation described above in Section 8.1.2.a and Section 8.1.2.b, the
required certificate of insurance shall clearly state who the provider is, the coveragc
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, and shall contain a clause that the insured will not cancel or change the
insurance without first giving the City thirty (30) calendar days prior written notice.
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.
8.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
SECTION 9 SUBCONTRACTS
9.1 CONTRACTOR shall be entitled, to the extent determined appropriate by CONTRACTOR and
upon written approval by the City, to subcontract any portion of the WORK to be performed under
this Agreement.
SECTION 10 ASSIGNMENT
10.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or CONTRACTOR without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no
third party beneficiaries are created by this Agreement, and that the rights and remedies provided
herein shall inure only to the benefit of the parties to this Agreement.
SECTION 11 INTEGRATION
11.1 This Agreement represents the entire understanding of CITY and CONTRACTOR as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect
RFQP 11323 /Page 5 of 10
with respect to those matters covered herein. This Agreement may not be modified or altered
except in writing signed by both parties.
SECTION 12 JURISDICTION AND VENUE
12.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full
force and effect. Venue for all disputes arising under this Agreement shall be in a court of
competent jurisdiction in Yakima County, State of Washington.
SECTION 13 EQUAL EMPLOYMENT and NONDISCRIMINATION
13.1 During the performance of this Agreement, CONTRACTOR shall not discriminate in violation of
any applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed,
religion, color, national origin, marital status, disability, honorably discharged veteran or military
status, pregnancy, sexual orientation, and any other classification protected under federal, state, or
local law. 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.
CONTRACTOR agrees to comply with the applicable provisions of State and Federal Equal
Employment Opportunity and Nondiscrimination statutes and regulations.
SECTION 14 SUSPENSION OF WORK
14.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal
progress of the WORK. CONTRACTOR may suspend, in writing by certified mail, all or a
portion of the WORK under this Agreement if unforeseen circumstances beyond
CONTRACTOR'S control are interfering with normal progress of the WORK. CONTRACTOR
may suspend WORK on the PROJECT in the event CITY does not pay invoices when due, except
where otherwise provided by this Agreement. The time for completion of the WORK shall be
extended by the number of days WORK is suspended. If the period of suspension exceeds ninety
(90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the
option to terminate WORK on the suspended portion of Project in accordance with SECTION 15.
SECTION 15 TERMINATION OF WORK
15.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating
party before termination. Notice shall be considered issued within seventy -two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
15.2 In addition to termination under subsection 15.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the CONTRACTOR is given: (1)
not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation with CITY before
termination.
15.3 If CITY terminates for default on the part of the CONTRACTOR, (1) no amount shall be allowed
for anticipated profit on unperformed services or other WORK, and (2) any payment due to the
CONTRACTOR at the time of termination may be adjusted to the extent of any additional costs or
RFQP 11323 /Page 6 of 10
damages CITY has incurred, or is likely to incur, because of the CONTRACTOR'S breach. In
such event, CITY shall consider the amount of WORK originally required which was
satisfactorily completed to date of termination, whether that WORK is in a form or of a type which
is usable and suitable to CITY at the date of termination and the cost to CITY of completing the
WORK itself or of employing another firm to complete it. Under no circumstances shall
payments made under this provision exceed the "not to exceed" contract cost set forth in Section
5.2. In the event of default, the CONTRACTOR agrees to pay CITY for any and all damages,
costs, and expenses whether directly, indirectly, or consequentially caused by said default. This
provision shall not preclude CITY from filing claims and /or commencing litigation to secure
compensation for damages incurred beyond that covered by withheld payments.
15.4 If the CONTRACTOR terminates for default on the part of CITY or if CITY terminates for
convenience, the adjustment pursuant to the Agreement shall include payment for services
satisfactorily performed up to the date of termination for WORK satisfactorily completed, in
addition to termination settlement costs the CONTRACTOR reasonably incurs relating to
commitments which had become firm before the termination, unless CITY determines to assume
said commitments.
15.5 Upon receipt of a termination notice under subsections 15.1 or 15.2 above, the CONTRACTOR
shall (I) promptly discontinue all services affected (unless the notice directs otherwise), and (2)
deliver or otherwise make available to CITY all originals of data, drawings, specifications,
calculations, reports, estimates, summaries, and such other information, documents, and materials
as the CONTRACTOR may have accumulated or prepared in performing this Agreement, whether
completed or in progress, with the CONTRACTOR retaining copies of the same.
15.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the CONTRACTOR shall
have no responsibility to prosecute further WORK thereon.
15.7 If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is
determined that the CONTRACTOR has not so failed, the termination shall be deemed to have
been effected for the convenience of CITY. In such event, the adjustment pursuant to the
Agreement shall be determined as set forth in subparagraph 15.4 of this Section.
15.8 If, because of death, unavailability or any other occurrence, it becomes impossible for
CONTRACTOR to render his services to the PROJECT, the CONTRACTOR shall not be relieved
of its obligations to complete performance under this Agreement without the concurrence and
written approval of CITY. If CITY agrees to termination of this Agreement under this provision,
payment shall be made as set forth in subparagraph 15.3 of this Section.
SECTION 16 DISPUTE RESOLUTION
16.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of
a notice of default as to whether such default does constitute a breach of the contract, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute. If the afore mentioned methods are not successful then any
dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance
with the laws of Washington. If both parties consent in writing, other available means of dispute
resolution may be implemented.
SECTION 17 NOTICE
17.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
RFQP 11323 /Page 7 of 10
CITY: City of Yakima
Tony O'Rourke, City Manager
129 North 2 "d Street
Yakima, WA 98901
CONTRACTOR: Joseph Martinez, Covert Special Investigations
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY • YAKIMA r JOSEPH MARTINEZ
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Printed Name: 0 ko Printed Name: — Jae_ Z
Title: City Manager Title: / ✓eS a hc
Date: 5— Z / /lr Date: 4: 29- Z-
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CITY CONTRAC T NO., ' d i
RESOLUTION NO. hl
RFQP 11323 /Page 8 of 10
EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR will interview employees and individuals specified by CITY.
CONTRACTOR will receive consent, either verbally if being recorded or in writing if not being recorded,
from employee and individuals prior to conducting interview.
CONTRACTOR will schedule interviews with employees and other individuals having knowledge of the
situation.
CONTRACTOR will complete the investigation within thirty (30) days of signing this Agreement.
RFQP 11323 /Page 9 of 10
EXHIBIT B
PROFESSIONAL FEES AND RATES
CITY agrees to pay CONTRACTOR a rate of $75.00 per hour for his investigative services, up to the
maximum amount of Two Thousand Five Hundred Dollars ($2,500.00), unless otherwise agreed to in
writing by both parties.
RFQP 11323 /Page 10 of 10