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Home My WebLink About4.591 Original Contract -</. 5 q 1 Mark ~. Mad5en ISS22 C1leneden Drive Spokane, WA 99208 September 8, 2008 Becky Utpon, MMC City Clerk City of Port Angeles 321 East Fifth Street Port Angeles, WA 98362 - Dear Becky: Enclosed please find a signed copy of the contract. I understand that this item was attended by some controversy, and that it did not have universal support by City Council. Please note that per this is just a contract vehicle. No work can be performed under this contract unless authorized by task orders signed by the City Manager. All is well with us here in Spokane. Thanks ~~~?1~ CC Wilham Bloor, City Attorney Glenn Cutler, PW&U Director ! .... '.. 4. Sq I . ,... . PROFESSIONAL SERVICES CONTRACT This contract IS entered into on this ~~day of September, 2008, between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter referred to as "City"), and Mark E. Madsen (hereinafter referred to as "Contractor"). In consideration of the covenants and promises set forth herein, the parties hereto agree as follows 1. Scope of Services. Contractor herby agrees to perform services for the City. Services will Include but not be limited to: Task 1. Consultation with and advice to the Interim City Manger in preparing the 2009 Budget. Task 2 Advice and negotiations in regards to acquisition of property nghts from Rayonier for the Combined Sewer Overflow (CSO) project Task 3. Advice and negotiations with the National Park Service on the PAWTP Transfer Agreement, and other specific issues relative to the NPS/City MOU for the Elwha River Restoration. Task 4. Advice and assistance relating to a sanitary sewer agreement between the City and the Lower Elwha Klallam Tnbe. Task 5. The Contractor will provide consultation, advice, and assistance as may be directed as to any Incidents or matters that arose during his tenure as City Manager. Work on each task shall be authorized and directed by Task Orders, as provided in Exhibit A. 2. Term. This contract shall be for the period of September 3, 2008 through February 28, 2009, provided, however, that after October 3,2008, either party may terminate thiS Contract at will upon fifteen (15) days' written notice to the other party. 3. Compensation & Payment. a. Compensation. As consideration for the agreements stated in this document and for services to be performed by the Contractor, the City agrees to pay the Contractor according to the cost schedule set forth in Exhibit "A." Payment for services shall be upon submission by the Contractor of monthly invoices to the City as set forth in paragraph 3b, below. Under any circumstances, total compensation to the Contractor under this agreement shall not exceed Thirty-One Thousand Two Hundred Dollars ($31,20000 ) b. Payment. Contractor shall submit invoices to the City monthly with documentation supporting and detailing tasks performed on behalf of the City. The City shall review Contractor's Invoices for payment within 20 days of receipt, and payment shall be made by the City to Contractor within 21 days after approval by City. 1 4. Expenses. Expenses Incurred by the Contractor on behalf of the City in the course of performance of this Contract by the Contractor must be approved by the City in advance Such expenses will be reimbursed per the City travel reimbursement policy for its employees. Expenses shall be itemized on invoices submitted by Contractor to the City. To the extent necessary and appropriate to the tasks assigned to the Contractor, City shall provide, at its expense, (1) an em ail account via the City email system for the Contractor, and (2) access to City files and documents necessary to accomplish the Tasks assigned to the Contractor. 5. Relationship of Parties. Contractor shall act as an independent contractor and not as an employee, agent, or officer of the City. The Contractor shall not be authorized to bind the City to any position, contract, or agreement. Contractor shall assume full responSibility of all federal, state, and local taxes and contributions imposed or required, including, but not limited to, unemployment Insurance, Social Security, and income tax withholding and shall not be entitled to the benefits provided by the City to its employees. 6. AssiQnment. The Contractor shall not assign any of the work covered by this contract without the express written consent of the City. 7. Hold Harmless and Indemnification. The Contractor shall indemnify, defend, and hold harmless, the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney fees, occurring, arising, or resulting from the Contractor's misconduct (including any dishonest, fraudulent, criminal, or malicious act or any act which IS outside the scope of the services set forth in this contract) in supplying services under this contract. 8. Applicable Law. This contract shall be governed by, and construed in accordance with, the laws of the State of Washington. 9. Modification. This contract may be modified, or its term extended, by written modification hereto. IN WITNESS WHEREOF, the parties hereto have executed this contract the date and year indicated below. Date: Q-d- 08 CITY OF PORT ANGELES Date: if ~ 2e>oca By ,b~~ Gary Brau ,Mayor CONTRACTOR M?2~{77f~ A:P~("OVED AS TO FOR 1t/ :~~ C. William E Bloor, City Attorney ATTEST: G \LegaLBackupIAGREEMENTS&CONTRACTS\2008 Agmts&Contracts\Madsen - Professional Service Contract City of PA 08 28 08 doc 2 - > PROFESSIONAL SERVICE CONTRACT Exhibit A Scope and Rates Task Orders. The Contractor shall not undertake any work for the City except after receipt of a written task order that directs and authOrizes particular work and that IS Signed by the City Manager. Each task order shall describe the task and the specific work to be performed, With the beginning and end dates and the maximum number of hours allotted to the particular task Total Hours. The parties estimate that all work to be performed by the Contractor for the City will not exceed 195 hours In total. This estimate is based on Table 1 below Rates: The Contractor's normal hourly rate IS $225.00 per hour or $1,800 per day. The Contractor is offering the City a discounted rate of $160.00 per hour for the tasks listed below for the term of this contract. This discount hourly rate does not include travel expenses to or from the Contractor's location. City will reimburse the Contractor for mileage and/or air travel expenses to and from the Contractor's location and Port Angeles, Washington. For purposes of calculating compensation, Contractor shall report his time worked In quarter-hour increments Additional tasks, and/or hours requested by addendum in excess of the total 195 hours estimated below will be billed at the normal rate of $225.00 per hour. Table 1. Task 1. Task 2. Task 3. Task 4. Task 5. Est. Max. Hours 40 50 45 20 40 195 2009 Budget Rayonier/CSO Project NPS - PAWTP Sewer Agreement Other Total Max. Cost $6,400.00 8,000.00 7,20000 3,200.00 6,400.00 $31,200.00 G ILegal_BackupIAGREEMENTS&CONTRACTS\2008 Agmts&ContractslMadsen - PROFESSIONAL SERVICE CONTRACT CIty of PA ExhIbIt A 08 28 08 doc ~ORTANGELES WAS H I N G TON, U. S. A. City Clerk's Office September 4, 2008 Mark Madsen 15522 Glen Eden Drive Spokane, W A 99208 Re: Professional Services Contract Dear Mark, As you have probably heard, the City Council approved a Professional Services Contract for you to provide consulting services to the City for the period, September 3, 2008 - February 28,2009. Enclosed for your signature are two copies of the contract. Please sign and date both copies and return one fully executed copy to my attention for the City's files. I hope this finds you and the family doing well and settling in to your new home. Our best wishes are extended to you - we wish you nothing but the best! Kindest regards, ~ Becky J. Upton, MMC CIty Clerk Enclosures Phone: 360-417-4634/ Fax: 360-417-4609 Website: www.cityofpa.us / Email: cityclerk@cityofpa.us 321 East Fifth Street - P.O. Box 1150/ Port Angeles, WA 98362-0217