HomeMy WebLinkAboutProfessional Services Agreement with Diane Kushlan, Planning and Management Services for On-Call Planning ServicesPROFESSIONAL SERVICES AGREEMENT
FOR ON -CALL PLANNING SERVICES
TITLE: On-Call Planning Services
PROFESSIONAL SERVICES AGREEMENT
This agreement is entered into on the date listed below between the City of Meridian, Idaho
hereinafter referred to as "CITY", whose address is 660 E. Watertower, Meridian, ID
83642;whose telephone number is (208) 884-5533 and whose fax number is (208) 888-6854,
and Diane Kushlan, Planning and Management Services, hereinafter referred to as
"CONSULTANT", whose office is Poat Office Box 8463, Boise, ID 83707, whose business
phone number is (208) 433-9352 and whose fax number is (208) 433-8429.
Section 1. CONSULTANT Services
The Scope of Work is Zoning and Subdivision Ordinance Amendments as outlined in Exhibit
«A„
Section 2. Schedule
CONSULTANT shall perform services from November 13, 2003 on an "as needed basis" and
shall continue to a time acceptable to the CITY. However, the performance of any Services
shall not continue past February 28, 2004 unless an extension of time is approved by the
City of Meridian Planning Director.
Section 3. Compensation.
For its Services, the CITY agrees to pay CONSULTANT $65/hour not to exceed $6,000 for
all services. Out of pocket expenses shall not be reimbursed unless authorized in advance by
the City of Meridian Planning Director.
Section 4. Method of Payment; Periodic Payments.
A. CONSULTANT shall invoice the CITY no more than once per month. If work is
authorized past February 28, 2004, such work performed up to September 30, 2004
shall be invoiced to the CITY by October 1, 2004. All invoices shall detail the services
performed and shall include the date, timekeeper, rate, time spent] (measured in
tenths of an hour) and a detailed description of the services.
B. All invoices shall be paid by mailing a CITY warrant within sixty (60) days of receipt
of a proper invoice.
KUSHLAN AGREEMENT
C. CONSULTANT shall keep time and expense records, other cost records and accounts
pertaining to this agreement, available for inspection by CTTY representatives for
three (3) years after final payment. Copies shall be made available on request.
D. If the services rendered do not meet the requirements of the agreement,
CONSULTANT will correct or modify the work to comply with the agreement. The
CITY may withhold payment for such work until the work meets the requirements of
the agreement.
Section 5. Discrimination and Compliance with Laws
A. In performing the Services required herein, CONSULTANT agrees not to
discriminate against any person in the performance of this agreement because of
race, color, religion, sex, national origin, age or non-job related handicap, or because
of prior military service or current military status, and shall comply with all
applicable federal and state laws and regulations of governmental agencies relating
to civil and human rights.
B. CONSULTANT shall comply with all federal, state and local laws and ordinances
applicable to the work to be done under this contract.
C. Violation of this section 5. shall be a material breach of this agreement and grounds
for cancellation, termination, or suspension of the agreement by the CITY, in whole
or in part, and may result in ineligibility for further work for the CITY.
Section 6. Term and Termination of Agreement
A. This agreement shall be effective upon signing and shall remain in effect until
terminated in accordance with paragraph B. of this section.
B. This agreement may be terminated by either party without cause upon thirty (30)
days written notice, in which event all finished or unfinished documents, reports, or
other material or work of CONSULTANT pursuant to this agreement shall be
submitted to the CITY, and CONSULTANT shall be entitled to just and equitable
compensation at the rate set forth in Section 3. for any satisfactory work completed
prior to the date of termination.
Section 7. Format and Ownership of Work Product
All data, materials, reports, memoranda, and other documents developed under this
agreement whether finished or not shall become the property of the CITY, shall be
forwarded to the CITY at its request and may be used by the CITY as it sees fit. The
documents to be provided pursuant to this agreement will be electronically submitted in
Microsoft Word format. Formatting of code revisions shall follow the existing format to
facilitate incorporation of the revised sections into existing City Code.
Section 8. General Administration and Management
KUSHLAN AGREEMENT
2
The Planning Director of the CITY, or her designee, shall be the City's representative, and
shall oversee and approve all services to be performed, coordinate all communications and
review and approve all invoices, under this agreement.
Section 9. Hold Harmless
A. CONSULTANT shall protect, defend, indemnify and save harmless the CITY, its
officers, employees and agents from any and all costs, claims, judgments, or awards
of damages, arising out of or in any way resulting from the negligent acts or
omissions of CONSULTANT, its officers, employees and agents in performing this
agreement.
B. CITY shall protect, defend, indemnify and save harmless CONSULTANT, its officers,
employees and agents from any and all costs, claims, judgments or awards of
damages, arising out of or in any way resulting from the negligent acts or omissions
of the CITY, its officers, employees and agents in performing this agreement.
Section 10. Independent Consultant
In all matters pertaining to this Agreement, CONSULTANT shall be acting as an
independent CONSULTANT, and will not be deemed an employee or agent of the CITY.
Section 11. Subletting or Assigning Contract
Neither the CITY nor CONSULTANT shall assign, transfer, or encumber any rights, duties, or
interests accruing from this agreement without the express prior consent of the other.
Section 12. Eztent of Agreement/Modification
This agreement represents the entire and integrated agreement between the parties hereto
and supersedes all prior negotiations, representations, or agreements either written or oral.
This agreement may be amended; modified; or added to only by written instrument
properly signed by both parties hereto.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of
/(/p~2 hti.~/1- 2 $' , 2003.
CONSULTANT
gy: ~/
Diane Kushlan
KUSHLAN AGREEMENT
CITY OF
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