HomeMy WebLinkAboutRuth Metz - Library Service Analysis PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and Ruth Metz, hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
Consultant to provide review and analysis of library service delivery options.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary
to complete the work as outlined in the scope of services, Exhibit A, attached hereto and
incorporated herein by this reference.
2. Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant shall not be considered public records, provided, however,
that:
A. All final reports, presentations and testuriony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
shall at that date become public records.
B. The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of the Consultant, copy any work product.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this contract shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared at
no additional cost, if the Agreement is terminated through default by the Consultant. If the
Agreement is terminated through convenience by the City, the City agrees to pay Consultant for
the preparation of the summary of work done.
3. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be as
set forth in Exhibit A (1 page, attached), provided, in no event shall the payment for all work
performed pursuant to this Agreement exceed the sum of$14,300.00 without prior authorization
of the City.
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B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and deliver the fmal work product within 90 days of the execution of this
agreement.
5. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnities"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnities from
A. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
caused by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant in the
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder.
6. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
7. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and sub-consultants during the performance of this contract.
8. City approval. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this contract must meet the approval of the
City.
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9. Termination. This being an Agreement for professional services, either parry
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten (10) days in advance of the effective date of said termination.
10. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs.
11. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
12. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
13. Non-assignable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
14. Covenant against contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission,percentage, brokerage fee, gift, or contingent fee.
15. Notices. Notices to the City of Pasco shall be sent to the following address:
CITY OF PASCO
ATTN: CITY MANAGER
P. O. BOX 293
PASCO, WA 99301
Notices to the Consultant shall be sent to the following address,
Ruth Metz
1101 SW 5th Avenue, Suite 1100
Portland OR 97204
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Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF ,2008
CITY OF P CO CONSULTANT: Ruth Metz
By: ,
City anag r
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Exhibit"A"
SCOPE OF SERVICES LIBRARY SERVICE DELIVERY OPTIONS
Base Services
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Activi Item Objective
Consultant reviews current contract for library services,other relevant documents 1.0 Claifly with client the desired outcomes
Consultant prepares for,interviews,processes on-site Director of Admin/Com Services DACS 1.1 Identify any givens.and assumptions that should be taken into account in evaluating the options
Consultant visits,evaluates Pasco library 2.0 Collect data,conduct research,assemble and process the information
Consultant studies budget and service data 2.1 Quanti the level of service and cost of library service now
Consultant follow-up with DACS 2.2 Understand the bases of the services currently provided,control/responsibility,and service levels
Consultanticlient telephone conference 2.3 Determines client satisfaction with current service levels,desired future service levels
Consultant conference with client,state library as needed 2.4 Understand the legal,practical,and financial aspects of city annexation into the district
Consultant research,telephone conference with key informants 2.5 Determine who the 29tential other service providers might be,their services,casts,and conditions
3.0 Analyze •
Consultant analysis,Conference with DACS 3.1 With client,establish a desirable baseline of library service desired by the City of Pasco
Consultant additional anal is 3.2 Establish what it would cost the city to provide the desired level of service
Consultant worksheets 3.3 Compare and contrast the options according to cost,controliresponsibility,and anticipated service levels
Consultant report drafted for DACS 3.4 For each option,outline the associated opportunities and barriers for City consideration
4.0 Report
Consultant writes and prepares final report 4.1 Provide a written report including an executive summary for the City of Pasco
Consultant prepares slide presentation 41 Prepare a slide presentation summarizing the findings,conclusions,and recommendations of the reE2rt
Cost,Base Services,including one trIR to Pasco Items 1.1 2.0 2.1
$13,000
Optional Services
Consultant prepares and delivers oral presentation on request 4.3 Make an oral presentation to the City of Pasco
Cost Optional Services
$1,300
Total Cost,Not Too Exceed:
$14,300