HomeMy WebLinkAboutAgreement for Stenographic Services with MD Willis for Steno Services
CITY OF MERIDIAN
AGREEMENT FOR STENOGRAPHIC SERVICES
THIS AGREEMENT, is made and entered into this /41- day of
t1cff~ ,2006, 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, wiffiin 5 working days following the
meeting.
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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"
2007 FY Agreement for Stenographic Services
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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 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 1st day of October, 2006, and continue through the 30th day
of September, 2007, 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 Y2" x 11" page with the font to be
Arial12 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" .
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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" .
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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 satisfactory to "City", and shall 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 ~r.::: ..:.. ~~__~~' ...- .;day of
2006.
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BY:'
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2007 FY Agreement for Stenographic Services
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STATE OF IDAHO, )
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County of Ada. )
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On this day of~~. ~ _...~~_~_~_~_~~.. 2006, 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, and 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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.. II Notary iJ' lie for Idaho
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STATE OF IDAHO, )
County of Ada.
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On this \ day of , 2006, before me, the
undersigned, a Nptary PubJic in ~nd for said State, personally appeared M. Dean
Wir.>: and J J:?1 r WiLLe S ~' know to me to be the
-' ~ J.u... and (!c..~. of MD
Willis, Inc., and who executed the within instrument, an acknowledged to me
that MD Willis, Inc. 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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Notary Public for Idaho
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2007 FY Agreement for Stenographic Services
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2007 FY Agreement for Stenographic Services
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