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HomeMy WebLinkAboutLynda Lou West - Independent Contractor - DUITraffic Safety Task Force - PSAINDEPENDENT CONTRACTOR PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into between the City of Pasco, hereinafter referred to as the "City", and Lynda Lou West, dba Lynda Gail West, 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 7/1/07 through 6/30/09 biennium, a copy of which is attached hereto: A. Coordination of the Traffic Safety Task Force with the focus of four primary traffic safety issues: ■ Impaired driving ■ Hispanic/Latino surnamed drivers ■ Speed ■ Occupation protection B. Goals of the Traffic Safety Task Force and 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 collisions involving Hispanic/Latino surnamed drivers, especially involving impairment (reduce traffic related deaths and injuries involving Hispanics/Latinos). ■ 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. Equipment/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 business license and tax ID number. Consultant shall comply with all the applicable laws, regulations, rules and ordinances affecting her performance of the terms of this Agreement. Professional Services Agreement — Lynda Lou West Page 1 2,6-70 3. Payments. The consultant shall be paid by City within 20 calendar days of submission of monthly invoice at the fixed rate of $2,600 per month, plus vehicle mileage expense incurred for the respective month at the rate of .485 cents per mile, not to exceed 300 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 project/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 7 intentional or negligent, including but not limited to failure to pay tax obligations belonging to Cons 1 t o sultant shall maintain in effect during the term of this Agreement, insurance coverage naming the City as an additional insured, " p►� e� 141, yr At PTt" .4 in w+ - 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. Professional Services Agreement — Lynda Lou West Page 2 Written notification shall be sent to: City: Denis Austin, Police Chief City of Pasco P. O. Box 293 Pasco, WA 99301 509-545-3481 Consultant: Lynda Lou West dba Lynda Gail West 576 Charbonneau Richland, WA 99352 509-366-0358 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 attorneys' fees and costs. ATTEST: , ()a )0(�a Debra Clark, City Cler LYNDA LOU WEST dba LYNDA GAIL WEST - CONSULTANT Lynda Lou West, Owner Tax ID #: 558-47-4627 Business License #:12522 APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement — Lynda Lou West Page 3 EXHIBIT A INDEPENDENT CONTRACTOR PROFESSIONAL SERVICES AGREEMENT between the City of Pasco and Lynda Lou West, dba Lynda Gail West Automobile Insurance Requirement 1. Bodily injury to or death of one person in anyone 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. 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