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HomeMy WebLinkAboutTerry Trulson - Independent Contractor - DUI/Traffic Safety Task Force - PSA INDEPENDENT CONTRACTOR PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into between the City of Pasco, hereinafter referred to as the "City", and Terry Trulson , hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the independent professional services and assistance of a consulting firm to provide coordination services to the City of Pasco, specifically for the Benton- Franklin DUI/Traffic Safety Task Force; 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 materials to accomplish the objectives generally described below and more specifically set forth within the project Agreement between the City of Pasco and the Washington Traffic Safety Commission, titled "Benton-Franklin DUI/Traffic Safety Task Force" for the 711109 through 6130111 biennium, a copy of which is attached hereto: A. Coordination of the Traffic Safety Task Force and Target Zero with the focus of three primary traffic safety issues: • Impaired driving • Speed • Occupation protection B. Goals of the Traffic Safety Task Force and as the Target Zero Manager, the Consultant for coordination are: • To reduce the number of collisions involving impaired drivers, thereby decreasing the number of fatality collisions. • To reduce the number of traffic related deaths and injuries involving speed by decreasing the number of speed related crashes. • To increase seatbelt usage rate, thereby decreasing the number of fatalities involving unrestrained vehicle occupants. 2. Eauipment/Licensure. A. Provision of Equipment: Consultant shall provide all equipment necessary to meet requirements of the specific work projects. B. Licensure/etc: Consultant shall provide the City with documentation of her his business license and tax ID number. Consultant shall comply with all the applicable laws, regulations, rules and ordinances affecting his performance of the terms of this Agreement. 3. Payments. The consultant shall be paid by the City within 20 calendar days of submission of monthly invoice at the fixed rate of$3008.00 per month, plus vehicle mileage expense 1 2-0-70 incurred for the respective month at the rate of.55 cents per mile, not to exceed 270 miles in any single month. Such payment shall be full compensation for work performed or services rendered and for all labor, equipment, materials, supplies, and incidentals necessary to complete the work unless expressly approved otherwise by the City Manager through the claims process. Because Consultant is an independent contractor, City shall not pay any employment taxes nor make any withholdings from the monthly sum, responsibility for which shall be solely that of Consultant nor shall Consultant be entitled to any benefits, rights or privileges of a City employee. The costs, records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City. Copies shall be made upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within each specific proj ect/assignment time frame. 5. 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 subcontractors during the performance of this contract. 6. Indemnity and Insurance. Consultant shall defend, indemnify and hold City harmless from all claims, suits and damages for personal injury, property damage or other liabilities caused by Consultant of Consultant's employees, agents, or representatives, whether intentional or negligent, including but not limited to, failure to pay tax obligations belonging to Consultant. Consultant shall maintain in effect during the term of this Agreement, a Automobile insurance coverage naming the City as an additional insured, as provided in Exhibit A, attached hereto. 7. 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. 8. Termination. This being an Agreement for professional services of an independent contractor, either party may terminate this Agreement for any reason upon giving the other party as designated herein below, written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. Written notification shall be sent to: City; Consultant: Denis Austin, Chief of Police Terry M. Trulson City of Pasco 3805 Meadowsweet St 525 N. 3'Ave. Pasco, WA 99301 Pasco, WA 99301 (509) 845-2588 509-545-3481 2 8. 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. 9. Non-assignable. The services provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 10. General Provisions: 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. CITY O P CONSULTANT Gary rutch d anager Owner Terry M. Tralson Tax ID#: to o a 951 3 3 S Business License #" 1 ATTEST: APPROVED AS TO FORM: De ie Clark,Tity ulerK Leland B. Kerr, City Attorney 3 EXHIBIT A INDEPENDENT CONTRACTOR PROFESSIONAL SERVICES AGREEMENT Between the City of Pasco and Terry M. Trulson Automobile Insurance Requirement 1. Bodily injury to or death of one person in any once accident of$100,000 coverage; 2. Bodily injury to or death of two or more persons in any one accident in the amount of $300,000; 3. Property damage liability in the amount of$25,000; 4. Uninsured/underinsured motorist coverage and personal injury protection. Annual and Sick Leave Per Budget Narrative for Target Zero Grant 1. Annual leave of 102 hours the first fiscal year(Julyl to June 20) and 136 hours the second year. 2. Sick Leave allowed at 12 calendar days (Julyl to June 30) 4