HomeMy WebLinkAboutStenographic Services Agreement with Dean Willis for Stenography services
CITY OF MERIDIAN
AGREEMENT FOR STENOGRAPHIC SERVICES
THIS AGREEMENT, is made and entered into this /4 e day of
t" ~~~ ,2004, by and between the City of Meridian, a municipal
corporation and government subdivision of the State of Idaho organized and existing by
virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642, hereinafter referred to as "City", and MD Willis, Inc., whose address is
P.O. Box 1241, Eagle, Idaho 83616, hereinafter referred to as "Contractor".
WHEREAS, as part of its records, "City" must produce minutes and verbatim
transcripts of hearings; and
WHEREAS, "Contractor" is in the business of providing stenographic services to
public bodies, and others who need verbatim transcripts; and
WHEREAS, "City" and Contractor" desire to enter into an agreement whereby
"Contractor" would furnish stenographic services to the "City".
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein, the parties hereto agree as follows:
1. SCOPE OF SERVICES: "Contractor" shall perform all the necessary
services provided under this agreement in connection with taking minutes and testimony
at hearings in proceedings before the Meridian City Council and the Meridian City
Planning and Zoning Commission. "Contractor" agrees to attend four (4) regular City
Council meetings each month, and two (2) regularly scheduled Planning and Zoning
Commission meetings each month, and at those meetings, to transcribe the
proceedings so as to produce minutes and verbatim transcripts. "Contractor" will furnish
to the City Attorney and the Planning & Zoning Department, within two working days
following a given meeting, a rough draft of the transcript. A final transcript shall be
furnished to the City Clerk's office with a copy thereof, within 5 working days following
the meeting.
In the event "City" requires additional stenographic services, beyond the six
monthly meetings set forth above, "Contractor" agrees to provide such additional
services provided that "Contractor" receives not less than two days notice prior to such
meeting or meetings.
2. CONTRACTOR NON-ATTENDANCE - EMERGENCY: In the event that
an emergency, or some other event not within "Contractor's" control prevents
"Contractor" from attending one of the meetings herein, "Contractor's" attendance at
that meeting shall be excused, and "Contractor" shall prepare the minutes/hearing
record from audio tapes furnished by the City Clerk. In that event, "Contractor" shall not
be paid the meeting attendance fee, but will be compensated for the actual
2005 FY Agreement for Stenographic SelVices
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transcription. "Contractor" shall notify the City Clerk as soon as possible regarding the
emergency and reason for non-attendance.
3. TIME OF PERFORMANCE: The services of "Contractor" are to
commence on the 1 st day of October, 2004, and continue through the 30th day of
September, 2005, unless terminated for default, or renewed.
4. COMPENSATION: "City" shall pay to "Contractor" the sum of TWENTY
DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting
attended by "Contractor", and further, shall send an e-mail attached document
transcription attachment and produce an original transcript, one copy thereof, and one
Microsoft Word formatted electronic copy upon request, at SIX DOLLARS ($6.00) per
page based upon single spaced page with margins of not more than one inch each on
all sides on an 8 %" x 11" page with the font to be Arial 12 pitch. "Contractor" shall
issue an Invoice to "City" no later than the end of each month, and payment will be due
no later than the 15th day of the month following delivery of the Invoice to "City".
5. DEFAULT: If, through any cause, "Contractor" shall fail to fulfill in a timely
and proper manner any obligations under this agreement, or if "Contractor" shall violate
any of the covenants, agreements or stipulations of this agreement, the "City" shall have
the right to terminate this agreement by giving written notice to "Contractor" of such
termination, and specifying the effective date thereof, but such notice must be sent to
"Contractor" no later than 15 days before the effective date of termination of the
agreement. In that event, all finished or unfinished documents, or other notes or drafts
prepared by "Contractor" under this agreement, at the option of the "City", shall become
"City" property. Nothing shall relieve the "City" from its obligation to pay compensation
as set forth above.
6. SUBCONTRACTING: None of the services covered by this agreement
shall be subcontracted without the prior written consent of the "City". "Contractor" shall
be fully responsible to "City" for the acts and omissions of subcontractors, and of
persons either directly or indirectly employed by them, as "Contractor" is for the acts
and omissions of persons directly employed by "Contractor".
7. ASSIGNABILITY: "Contractor" shall not assign any interest in this
agreement, and shall not transfer any interest in this agreement, whether by assignment
or novation, or otherwise, without the prior written approval by the "City".
8. INDEPENDENT CONTRACTORS STATUS: Both "City" and "Contractor"
agree that the relationship created by this agreement is that of independent contractor,
and not that of employee and employer. "Contractor" is responsible for the payment of
any taxes, including, but not limited to, all federal, state and local personal and business
income taxes, sales and use taxes, other business taxes and license fees, arising out of
the activities of the "Contractor". "Contractor" is responsible to keep in force all
necessary public liability insurance and vehicle insurance with carriers which are
2005 FY Agreement for Stenographic SelVices
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satisfactory to "City", and shal1 hold the "City" harmless from all claims, demands or
suits, arising out of the performance of services under this agreement.
9. INSURANCE: "Contractor" will supply "City" with proof of insurance
general liability and vehicular liability insurance limits of not less than FIVE HUNDRED
THOUSAND DOLLARS ($500,000).
10. OPTION TO RENEW: "City" shall have the option to renew this
agreement for successive one year periods, provided that "City" notifies "Contractor" no
later than thirty (30) days before the end of this agreement, and any extension or
renewal thereof, of "City's" exercise of such option.
IN WITNESS WHEREOF, the parties have herein executed this Agreement and
made it effective as hereinabove provided.
DATED AND SIGNED this 14f:f day of ~~tv.- ,2004.
CITY OF MERIDIAN
By:
William G. Berg, Jr. -
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ATTEST:
, "
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MD WILLIS, INC.
By:
ATTEST:
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2005 FY Agreement for Stenographic Services
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STATE OF IDAHO, )
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County of Ada. )
On this 14+" day of ~plelo'\~€r, 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and
WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of
Meridian, Idaho, anQ who executed the within instrument, and acknowledged to me that
the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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STATE OF IDAHO, )
County of Ada.
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On this t~+1o.- day of _<)er+e""",b ~I- ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared M. Dean Willis and
E-i lee II'-- U.\ II :s , known to me to be the '-pee..s. ( d eJ
and St'?(' ....-t:'_ -\.- t.\ r ~ of MD Willis, Inc., and who executed the
within instrument, and ackno ledged to me that MD Willis, Inc. executed the same.
........,IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
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2005 FY Agreement for Stenographic Services
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