HomeMy WebLinkAboutContract Agreement with Dean Willis for Stenographic Services
CONTRACT FOR STENOGRAPHIC SERVICES
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THIS AGREEMENT, is made and entered into this 2? -day of J¥ kn...(H/f../ ,
2003, by and between the City of Meridian, a municipal Corporation and government
subdivision of the State ofIdaho organized and existing by virtue oflaw 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" ftom
attending one of the meetings herein, "Contractor's" attendance at that meeting shall be excused,
and "Contractor" shall prepare the minutes/hearing record ftom 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.
2004 FY Contract for Stenographic Services
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3. TIME OF PERFORMANCE: The services of "Contractor" are to commence on
the I st day of October, 2003, and continue through the 30th day of September, 2004, 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 Yz" x II" 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" ftom 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 ofthe 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 ftom all claims, demands or suits, arising out of the performance of services under this
agreement.
2004 FY Contract for Stenographic Services
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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 2¿)r~ day of J:el:del?f;~ ,2003.
ATTEST:
By:
1M
ATTEST:
By:
Secretary
2004 FY Contract for Stenographic Services
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STATE OF IDAHO,
: ss:
County of Ada.
On this ~ day of ()c~b~ Ý , 2003, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~ and WILLIAM G.
BERG, JR., known to me to beA1e~I~?} Cjty çíerfbf'fu'é'crtýõfMeridian, Idaho, and
who executed the within instnriíiértt;"ãnW'J"ckRß\vfêctged 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 flfSt above written.
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STATE OF IDAHO, .,........
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Notary Public for Idaho , ~,
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My Commission Expires: D.. - Z-B -ö4
County of Ada.
On this ~ day of f)c.-to!r;;.¿ý , 2003, before me, the undersigned, a Notary
Public in and for said State, personally appeared M. Dean Willis and
, known to me to be the ~ and
ofMD Willis, Inc., and who executed the within
instrument, and acknowledged to me that MD Willis, Inc. executed the same.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
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Notary Public for Idaho
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My Commission Expires: '1-Z'6{)';Ç
2004 FY Contract for Stenographic Services
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