Loading...
08-008.00 Michael McCormick, FAICP: Spokane Metro UGA Planning NegotiationsAGREEMENT FOR PROFESSIONAL SERViCES Michael McCormick, FMCP MIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinaficr "City" and Michael McCormick, FAICP, hercinafier "Consultant," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as lollows: 1. Work to) Be Performed. The Consultant will provide all labor, services, and material to satisfactorily complete the attached Scope of Services. The Consultant shall assist the City of Spokane Valley in its role of fiscal agent for a Collaborative Planning Grant. from the WA State Department of Community, Trade, and L•'conomic by facilitating the negotiation of interlocal agreements for collaborative planning in Spokane metro urban growth area, as outlined in Attachment A - Scope of Work. A. Administration. In its role as fiscal agent for the collaborative planning grant, the City of Spoknnc Valley has designated Susan Winchell, Boundary Review Board Director, as Project. Manager for the grant. The Project Manager shall administer and be the primary contact. fbr Consultant. Prior to commencement of work, Consultant shall contact the Project Manager to review the Scope of Work, schedule and date of completion. Upon notice from the Project Manager, Consultant shall commence work, perl'orrn the requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement. B. RcPresentat.ions. The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made without the written consent of the City. t f Consultant shall be responsible for the technical accuracy of its services and documents resulting there from, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except. to the extent. such action is directly attributable to deficiencies in City furnished information. C. Modifications. Thu City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shall make such revisions in the work as are ' necessary to correct. cn-ors or omissions appearing therein when required to do so by the City without additional eornpensat.ion. 2. 'Perm of Contract. This agreement shall be in full force and effect upon execution by both parties and shall remain in effect until completion of all contractual requirements have been met, although not later than June 30, 2009, unless terminated sooner, Either party may terminate this agreement by ten days written notice to the other party. In the event of such termnation, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. Agreement for Professional Services Pagc t of 6 Michaei Me('nnnick, FMCP C08 -08 3. Compensation. The City shall pay the Consultant at the rate of 5165 per hour for work performed as identified in the Scope of Work; $50 per hour for travel time; mileage reimbursed at the current IRS rate; and actual cost of expenses reasonably incurred. Total payments and reimbursements are not to exceed twenty thousand dollars ($20,000.00), for everything furnished and done under this contract. 4. Payment. T1te Consultant shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Clerk at the below stated address. All invoices will include a brief stalms report, with work billed based hours expended. All expenses for travel will be invoiced separately with actual receipts. The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work.. City Standards, City ordinances and federal or suite standards. 5. Notice. Notice shall be given in writing as follows: TO THE CiTY: TO THE CONSui- TAN'T: Name: Christine Bainbridge, City Clerk Name: Michael McCormick, FAICP Phone Number. (509) 921 -1000 Phone Number: (360) 754 -2916 Address: 11707 East Sprague Ave.. Suite 106 Address: 2420 Columbia SW Spokane Valley, WA 99206 Olympics, WA 99501 6. Applicable Laws and Standards. The parties, in die performance of this agreement, agree to comply with all applicable Federal, State, local laws.. ordinances, and regulations. 7. Relationship of the Parties. h is understood, agreed and declared that the Consultant shall be an independent Consultant and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, tnethod and means in which the services are performed is solely within the discretion of the Consultant. Any and all employees who provide set -vices to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may att.ich thereto. Si. O-vvnexship of Documents. All drawings, plans, specifications, and other related documents prepared by the Consultant under this agreement are and shall be the property of the City; and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 9. Records. The City or State Auditor or any of their representatives shall have full access to and the right. to examine during normal business hours all of the Cons ultant.'s records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and snake excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Insurance. The Consultant. shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Performance of the work hereunder by the Consultant, its agents, representatives, or employees. Agreement for Professional Ser-�oes Pigc 2 of 6 Michael ytcComiiek. FAICP No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit. the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at laws or in equity. A. Minimum_ Scone of Insurance. Consultant. shall obtain insurance of the types described below: I. Automobile Vability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on insurance Services OIl'ice (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The Citv_ shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of _Insurance. Consultant shall maintain the following insurance limits. 1. Automobile Liability insurance with a minimum combined single limit. for bodily injury and property damage of 5500,000 per accident. 2. Commercial General Liabililh, insurance shall be written with limits no less than $1,000,000 each occurrence, 52,000,000 general aggregate. C. Other insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: I. The Consultant's insurance coverage shrill be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified nail, return receipt requested of a cancellation. D. Acceptability of Insurers. insurance is to be placed with insurers with a current A.M. Best rating of not. less than A:VIi. Agreetvcnt for Pn,fessional Services Page 3 of G \9ichael McComick. FAICP • • E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance cert.iftcates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. insuring companies or entities are subject to City acceptance. if requested, complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self- insured retentions, and/or self - insurance. 11. Indemnification and Hold Harmless. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suit% including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject. to RCW 4.24.1 15, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of-the Consultant. and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant 's negligenc.c. It is further specifically and expressly understood that the indemnif u-ition provided herein constitutes the Consultant's waiver of immunity under industrial Insurance. Title 51 RC V, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of tlhc agreement. 12. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement. or by law, shal I be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at. any time any of the provisions of this agreement. or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 13. Assignment and Delegation. Neither party shall assign, transfer or delegate any or all of the responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the work contemplated under this agreement. without obtaining prior written approval of the City. 15. Confidentiality. Consultant may, from time to time, receive intonnation which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County; State of Washington. 17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute; Consultant's attorney fees payable by the City shall not. exceed the total sum amount paid under this agreement. Agreement for Pmfessiarwi Services Page 4 of 6 Michati McConnick, FAICT 18. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti - kickback. No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or fixture gift, favor, service or other thing of value from any person with an interest in this agreement. 20. Business Registration. Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. Severability. If any section, sentence, clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 22. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Scope of services 2. Insurance Certificates / 1N WITNESS EREOF, the parties have executed this agreement this �3 day of 2008. Z'// a I F SP NE VALLEY: lG David cier ity Manager ATTEST i� _Christine Bainbridge, City Clerk APPROVED AS M ORM: Office of the City Attorney This document contains personal confidential information and has been redacted pursuant to RCW 42.56.230(3). You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agreement for Professional Services Page 5 of 6 Michael McCormick, FAICP • A17ACII_II LENT A SCOPE OF WORK The Consultant understand, die client wishes by facilitating the negotiation of interloeal agreements for collabonaLive planning in Spokane metro urban growth area. Collaborative Planning Grant Task hours Budget t ve�ult Ititerloc�l:;agrcen t nts. for Plaint Planning for Spokane County: and el s Task 1. Identtf areas for collaboration Task 2. Assess staff time and resources to develop agreements: Task 3. Coordinate cities and county efibrts to negotiate agreements Task 4. Negotiate terms of int.erlocal agreements Task 5. Facilitate the execution of interlocal agreements Task C. Report findings to elected and appointed officials Task 7 Prepare monthly progress reports summarizing status of negotiations; outlining future needs for support. material, and identifying future coordination tasks. Total All invoices will include a brief status report, with work billed based hours expended. All expenses for travel will be invoiced separately with actual receipts. Agreement for Pmfessinnnl Scrviccs Page 6 of 6 Michael Mcc *_nrmick, FAICP if 1/23/2008 08:54 BrOtrud lllddlton Insurance l(atherine Lewis- *Mike: 2/5 9ient#: 124225 MCCOMIC ACORDIIU CERTIFICATE OF LIABILITY INSURANCE 0112(MMIDDfYYYY) 01122(08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE eratrud Middleton Insurance Brokers, Inc. Olympia Select HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. P.O. Box 2007 Olympia, WA 98507 INSURED Michael J. McCormick, FAICP INSURERS AFFORDING COVERAGE NAIL 4 tMSURERA: HARTFORD CASUALTY INSURANCE INSURER 8: 2420 Columbia Street SW INSURER C: Olympia, WA 98501 INSURER INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE 13SEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. rdOTYJrrHSTANDING ANY REQUIRa4ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T,-IIS CERTIFICATE ho.Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Xr- USIONS P.ND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS, SHOWN MAY HAVE BEEN REOUCED'BY PAID CLAIMS. R R A UU' NSR TYPE, OF INSURANCE CF.NERAL LIABILITY X CMUMERCIAI, GENERAL LIABILITY CLAIMS MAI ?B � OCCUR POLICY NUMBER 52SBAIJ4972DX POLICY EFFECTWE DAP IAMIOD 01/07108 POLICY EXPIRATION OAT 1I,UUUfY 01/07/09 ' LIMITS $2.000,000 DAM GCCURRENTE DAMAGE '10 RENTED nl $2 52 OOO OOO >.IED EYJ? Any ono Dcfson) $10.000 PERSONAL $. ADV INJURY S2.000.000 GENERAL AGGREGATE $4 000,000 PRODUCTS - COMPIOP AGO $4,000,000 GV N'L AG GRFGATE L UATT APPLIES PER: POLICY MO LOC AVTOIAOOILF, LIABILITY CW.1H!NED SINGLE LIMIT {Ea acdclenQ S ANY A1,fY0 ALL OWNED AUTOS BOVILY INJURY (Par pemcm) S SCHEDVLI!D AUTOS HIRED AUTOS P,ODILY INJURY (Per accidonl) $ HON -OWNED AUTOS PROPERTY OMIAGE (Par nasdent) S AUTO ONLY - FA ACCIDENT $ OTHER 'THAN FA ACC AUTO ONLY: AGO S GARAGL LIAR 11.111 Y A AUTO S EXCESSA ABRELLA LIABILITY OCCUR F-1 CLAIMS MADE EACH OCCURRENCE S AGGREGATE 3 i f DEDUCTIBLE S Rr'rENTION S WORKERS COMP L'N SATtOtll AN D EITP LOY FRS• LIABILITY , YVC STA'IU• T 15THi. G E.L. EACH ACCIDENT S F..L UISEAS - HA EIAPLOYHE S ' ANY PROP RIETORANARTNER?EXECUTNE OFFICEWl ZIVIISER EXCLUDED? If Ye9, drsrrbe e,xler F.I_ DISEASE - POLICY LIMIT Is SPECIAL PROVISIONS b&l - OTHER DESCRIPTION OF OPLRATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is included as additional insured where required by written contract as their interests may appear per form endorsement SS 00 02.12 06. • rnLlr�Cl I ATIr1N E HO City Of Spokane Valloy CIO, Mike Basinger 11707 East Sprague Ave. Spokane, WA 99206 ACORD 25 (2001108) 1 of 2 #S205840IM205836 SHOULD ANY OF *1116 ABOVE DESCR®F,D POLICIES HE CANCELLEU BEFORE THE EXPIRATION DATETHFRLCF,- rHEISSUI NGUISURkRYVILI.ENUEAVORTOIAAIL DAYS WRITTEN NOTICE TO THE CERTIFICAIV HOLDER AIAMED TO THE LEFT, BUT FAILURE 10 DO SO SHALL IN.POSE NO OBLIGATION OR LIABILII'V OF ANY KIND UPON THE III5UREIt, ITS AGENT'S OR AUTHORIZED REP RF.SENTATTVE )J . s_. t% KL1-00 9 ACORD CORPORATION 1988 ACORD 25 -S (2001108) 2 of 2 #S20564Uffw[u:)n -3d zf 1/23/2008 08:54 • Bratrud Allddlt011 Insurance SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 52 SBA TJ4972 Katherine Ls -+nllke ADDITIONAL INSUREDS: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION: 001 BUILDING: 001 TYPE: PERSON /ORGANIZATION: NAM S: CITY OF SPOKANE VALLEY C/0 MIKE BASINGER 11707 E SPRAGUE AVE Form SS 00 02 12 06 Page 006 (CQNTIrNME0 ON NEXT PAGE) Process Date: 01/09/08. Policy Expiration Date: 01/07/09 4/5 LO r� n ;V r? O N eT� F-{ N Ln O O 4 ri' O f 1/23/•2008 08:54 0 Bratrud Alldditon Insurance SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 52 SBA IJ11972 Form Numbers of Forms and Endorsements that apply: SS 00 01 04 93 SS 00 45 12 06 SS 01 85 11 :3 SS 04 41 07 05 SS 04 4S 07 OS SS 04 80 03 00 1H 10 01 09 86 SS 09 25 04 98 SS 50 30 06 03 SS 00 05 12 06 SS 8-1 15 0 "1 05 SS 04 19 07 OS SS 04 42 07 05 SS 04 47 07 05 SS 04 86 03 00 SS 05 09 07 00 SS 09 42 07 99 SS 38 2S 12 07 SS 00 07 07 05 SS 01 28 06 03 SS 04 30 07 05 SS 04 44 07 05 SS 04 74 07 05 SS 40 18 07 05 SS 05 47 09 01 SS 10 04 09 98 SS 83 76 02 06 Katherine 0s- +Mike SS 00 08 04 05 SS 01 70 06 0.1. SS 04 39 07 05 SS 04 45 07 05 SS 04 78 07 05 SS 41 12 12 07 SS 09 01 09 00 SS 50 19 06 03 Form SS 00 02 12 06 • Page 007 Process Date: 01/09/08 Policy Expiration Date: 01/07/09 5/5 ON41-210. ORRON MUTUAL INSURANCE GROUP Oregon Mutual and Western Protectors Insuranco Companies P.O. BOX 808, McMianvillo, Or[-jinn 07128 Automobile POlicy AMENDED DECLARATION FOR OREGON MUTUAL INSURANCE COMPANY Customer since 05/01/80 MICHAEL J MCCORMICK KATHLEEN T MCCORMICK 2420 COLUMBIA ST SW OLYMPIA, WA 98501 001/11/2oo8 INSURED PAGE 1 OF 2 1600 POLICY NUMBER WP0201637 CHANGE EFFECTIVE 01/07/2008 POLICY PERIOD 11/0 1 /2007 TO 05/01/2008 BILLING ACCOUNT 882403561 Effective 12:01 A.M. Standard Time at address of the Named Insured. This doclmation page roplaons all previousfy issued dedwalion:s. This: p4oy applies only to accidenb, occurrences, or locsas which happen during tho policy period. Our limit for each coverage shall not be more than the amount stated far the covernge, cuhjad to all the terms of this policy. ? zre _ t .. Preddent !/ BRATRUD MIDDLETON INS.BKS, INC 315 EAST 5TH PO BOX 2007 OLYMPIA, WA 98505 36o -352 -7676 Aulhaitnd Repfe sarbitivo VEH YEAR MAKE MODEL VEHICLE IDNUMBER TYPE 9Ytl130L�! Mp use 4 2006 SUBARU LEGACY OUTBK 2. 4S4BP61C367300515 A 12 PLEASURE vEH PERT 'rIEN STATE TERR RATED DRVR D.O.B. STATED VALUE 4 46 411 12/30/42 190161TJ • = Credits arms factorod into premiumn lir4od below. Coverage Is provided only where a premium and a limit of liability are shown for the coverage. VEH 4 VEH VEH VEH COMBINED SINGLE LIMITS 500,000 PER OCCURRENCE 403.00 AUTOMOBILE PERSONAL INJURY PROTECTION 35,000 PER PERSON 61.00 UNINSURED /UNDERINSURED MOTORIST (BI) 500,000 PER OCCURRENCE 175.00 UNINSURED /UNDERINSURED MOTORIST (PD) 25,000 PER OCCURRENCE 9.00 VEH 4 VEH VEN VEH COMPREHENSIVE 100 70.00 COLLISION 500 157.00 TOWING COVERAGE - $100 3.00 RENTAL COST COVERAGE - $35 DAY /$1050 MAXIMUM 12.00 >>> COVERAGE / LIMITS CHANGE <<< TOTAL 890 , DD PER VEH CHANGES GENERATE $ 82.00 ADDITIONAL PREMIUM I FULL TERM PREMIUM $ 890.00 oososA (e-04) OUR MUTUAL INTEREST IS YOU! S ■ 0 E 1/23/2010$ 09.54 Rratrml Mtddlton•Insurance Katherine I,etivis- >1.11ke ■ ■ ■ • ■ r! 1/5 FAX B RAT RU D MIDDLETON Date: January 23, 2008 I N S U R A N C E Olympia. Office 315 5th Avenue SE To: Mike Olympia, WA 98501 Spokane Valley Fax dumber 509 -921 -1008 P.O. Sox 2007 Olympia, WA 98507 From: Katherine Lewis http: / /�«.vw.brittrud.com Fax Number 360.754..7537 360.352.7676 888.302.7676 Total Pages: 5 (Includes cover sheet) Subject: Certificate ofInsuranee for Michael McCormick Message Mike, Attached is a certificate of insurance for Michael J. McCormick FAICP. As you can see, your agency has been added as an additional insured on the policy per the attached form. I am not sure why the company did not send you proof of coverage initially but should you need anything further, please have the insured contact our agency. Thank you, Katie Lewis Account Assistant NOTICE: 'Phis conuttunication including* any attacluttents may contain privileged or contAenuai information. If you are not the intended recipient, or believe that you received this communication in en-or, please advise the sender iinmcdiately and delete or destroy the copy yoti received. Thank you.