HomeMy WebLinkAboutGordon Thomas Honeywell Consulting Agreement CONSULTING AGREEMENT
GORDON THOMAS HONEYWELL & CITY OF PASCO
This Agreement is entered into by and between City of Pasco and any other party hereto, as is
identified in the consultant ' s signature block below (hereinafter referred to as "Consultant") ,
upon the following terms and conditions .
A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with
Consultant' s Scope of Work, described in Attachment "A" hereto and incorporated herein,
and Consultant will do and produce such other things as are set forth in the Scope of Work
(the " Services") . Consultant' s Services will be in compliance with applicable laws ,
regulations , rules, orders, licenses and permits , now or hereinafter in effect, and Consultant
shall furnish such documents as may be required to effect or evidence such compliance .
B . Compensation ; Expenses. The City of Pasco will pay Consultant for satisfactorily
rendered Services in accordance with the specific terms set forth in Attachment "A . "
Co Invoices ; Payment. Consultant will furnish the City of Pasco invoices at regular intervals ,
as set forth in Attachment "A ."
D. Term . Consultant shall promptly begin the Services hereunder on the date set forth in
Attachment "A" and shall terminate same on the date set forth in Attachment "A . " The
City or Consultant may terminate Consultant services for convenience at any time prior to
the termination date set forth in Attachment "A," provided that the ternunating party
provides 30-days written notice to the other party .
E. Ownership of Work Product. The product of all work performed under this agreement,
including reports , and other related materials shall be the property of the City of Pasco or
its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell ,
license, publish or otherwise disseminate or transfer rights in such work product.
G. Independent Contractor. Consultant is an independent contractor and nothing contained
herein shall be deemed to make Consultant an employee of the City of Pasco, or to
empower Consultant to bind or obligate the City of Pasco in any way . Consultant is solely
responsible for paying all of Consultant' s own flax obligations, as well as those due for any
employee/subcontractor permitted to work for Consultant hereunder.
H. Release of Claims, ; Indemnity . Consultant hereby releases , and shall defend, indemnify
and hold harmless the City of Pasco from and against all claims , liabilities , damages and
costs arising directly or indirectly out of, or related to, Consultant ' s fault, negligence , strict
liability or produce liability of Consultant, and/or that of any permitted employee or
subcontract or Consultant, pertaining to the Services hereunder.
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T . Assignment. Consultant ' s rights and obligations hereunder shall not be assigned or
transferred without the City of Pasco ' s prior written consent; subject thereto , this
Agreement shall be binding upon and inure to the benefit of the parties ' heirs and
successors .
J. Governing Law ; Severability. This Agreement shall be governed by the laws of the State
of Washington, U . S . A . (excluding conflict of Laws provisions) . If any term or provision of
this Agreement is determined to be legally invalid or unenforceable by a court with lawful
jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the
validity or enforceability of any remaining terms or provisions of this Agreement, and the
court shall , so far as possible , construe the invalid portion to implement the original intent
thereof.
K. Arbitration. Any dispute between the parties related to or arising out of the subject matter
of this Agreement shall be resolved exclusively through binding arbitration under the
Commercial Arbitration Rules of the American Arbitration Association in Washington
State .
L . Entire Agreement; Etc. This Agreement, and its incorporated attaclunients hereto, state the
entire agreement between the parties regarding the subject matter hereof and supersede any
prior agreements or understandings pertaining thereto . Any modification to this Agreement
must be made in writing and signed by authorized representatives of both parties . Any
provision hereof which may be reasonably deemed to survive the expiration or termination
of this Agreement shall so survive, and remain in continuing effect . No delay or failure in
exercising any right hereunder shall be deemed to constitute a waiver of any right granted
hereunder or at law by either party .
CONSULTANT : CITY OF PASCO
Gordon Thomas Honeywell -
Governmental Affairs {
Sig Sign :
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Print : Dale Learn Print . Gary Crutchfiel
Title : Vice President Title : City Manager
Date :
0 0 L �. -- �i � � Date : z ? 1
Consulting Agreement for Federal Grants re : Lewis Street Overpass
Gordon Thomas Honeywell & City of Pasco
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ATTACHMENT "A " TO
CONSULTING AGREEMENT
CORDON THOMAS HONEYWELL & +CITY OF PASCO
A. Scope of Work: Consultant shall provide the City of Pasco with the following federal
governmental affair services ,
Identify and track all federal grants that are available to the City of Pasco for funding
the Lewis Street Overpass .
• Lobby the Washington State Congressional delegation and others as necessary to
pursue a congressionally directed transportation funding request in the FY2012
Congressional Budget and/or in the anticipated highway reauthorization bill for a
road project related to the Lewis Street Overpass .
• Lobby the Washington State Congressional delegation and others as necessary to
assure inclusion within the Highway Reauthorization Bill authorization and funding
for a "bridge replacement program" or similar funding program for which the Lewis
Street Overpass Project would qualify .
• Organize meetings for City of Pasco officials, local community leaders and business
leaders to support the congressional transportation request.
• Provide the City of Pasco with periodic reports and updates on effort, status and
progress .
B . Compensation/Expenses : The City of Pasco shall pay Consultant a monthly fee of $ 5 ,000
for the services listed above . Consultant shall only bill communication expenses . The
expenses shall not exceed $2 , 500 for the term of the contract.
C . In (a) Consultant shall furnish the City of Pasco with invoices foi•
services performed on a monthly basis , and ( b) the City of Pasco shall pay each of
Consultant' s invoices within thirty ( 30) days after the City' s receipt and verification of
invoice.
D. Term of Agreement : Consultant' s services shall commence on January 1 , 2011 and shall
terminate on December 31 , 20111
Consulting Agreement for Federal Grants re : Lewis Street Overpass
Gordon Thomas Honeywell & City of Pasco
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