Signed Contract_Nancy J. Richardson for General Consulting ServicesAGREEMENT
Client: City of Dubuque, Iowa (hereinafter referenced as the "City ")
Consultant: Nancy J. Richardson (hereinafter referenced as the "Consultant ")
Project: General Consulting Services
This Agreement, dated November 1, 2012, is made by and between City of Dubuque, Iowa, City
Manager's Office, City Hall, 50 West 13th Street, Dubuque, Iowa 52001 -4805, hereinafter
referred to as "City," and Nancy J. Richardson, 2211 Jessica Lane, Coralville, Iowa, 52241,
hereinafter referred to as "Consultant."
I. Scope of Work
The City hereby enters into this Agreement with the Consultant to perform the following
general services in accordance with the terms and conditions set forth in this Agreement:
Consultant will assist the City, through the Dubuque City Manager's Office, with
activities aimed at encouraging development and passage of a multi -year federal
surface transportation authorization bill that includes adequate federal funding for
Dubuque's use in addressing its high priority surface transportation needs and
projects.
II. Independent Contractor
Both the City and Consultant agree that the Consultant will act as an independent
contractor in the performance of duties under this Agreement. Nothing contained in this
Agreement should be construed to create either a partnership between the parties or an
employment relationship with the City. Accordingly, the Consultant shall be responsible
for payment of all taxes, including federal, state and local, arising out of the Consultant's
activities in accordance with this Agreement, including, by way of illustration but not
limitation, federal and state income tax, Social Security tax, unemployment insurance
taxes, and other taxes or business license fees as required.
III. Agreement Activities
Specific Consultant activities may include, but not be limited to, the following:
A. Contacting and advocating on the City's behalf with federal administrative and
elective officials.
B. Arranging meetings with appropriate federal transportation officials for City
officials and /or Consultant on the City's behalf.
C. Providing input to and strategizing with City officials on surface transportation
funding matters related to the City.
D. Tracking and analyzing federal surface transportation funding proposals and
authorization bills and briefing the City on the status and content of such verbally
and /or in writing.
E. Reviewing and providing input into City materials for use in explaining the City's
surface transportation funding needs.
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IV. Terms of the Agreement
The following terms shall apply to this Agreement:
A. This Agreement will begin on November 1, 2012, and shall end on December 31,
2013.
B. No specific number of hours or days of service will be agreed to or required under
the Agreement. The City will at times request certain services from the
Consultant; Consultant will at times suggest services and activities to the City.
C. Amount and type of specific Consultant services under the Agreement will be
determined during the life of the Agreement solely by mutual agreement of the
City and Consultant in writing (hard copy or electronic) prior to the provision of
such services.
D. Either party to the Agreement may cancel this Agreement with thirty (30) days
notice to the other party in writing by registered mail or personal delivery.
E. Upon receipt of any such notice of termination from the City, Consultant shall
discontinue any and all services and invoice the City for expenses and work
completed to date of receipt of the termination notice. The City shall issue
payment for the invoice in accordance with the terms and conditions of this
Agreement.
F. At the conclusion of this Agreement, the Agreement may be renewed by mutual
written consent.
V. Consideration
Consultant will be paid on a time and out -of- pocket costs basis as follows:
A. In exchange for Consultant's services, City will pay Consultant $150 per hour for
actual time spent by Consultant that is directly attributable to City matters not to
exceed $3,000 (in time, not expenses) in a quarter without prior written (hard
copy or electronic) consent from the City.
B. Out -of- pocket costs directly attributable to work and services performed for the
City will be reimbursed at actual cost. These include, but are not limited to, the
following:
1. Reasonable travel expenses, including personal vehicle mileage at $.51 per
mile, airfare, lodging, rental vehicle, taxi and meals.
2. Communication costs, including telephone, computer /internet, fax and
mail expenses.
3. Materials, including paper, ink cartridges and general office supplies.
VI. Billing and Payment
The Consultant shall handle billing and the City shall handle payment in the following
ways:
A. Consultant will submit an invoice with time and costs itemized to the City for
any month in which work was performed, services were provided and/or costs
were incurred.
B. Invoices will be submitted to the City by the Consultant by the tenth (10th) of
the month following the provision of services and /or incurring of costs.
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C. The City will remit payment to the Consultant within twenty (20) days of
receipt of the Consultant invoice.
VII. Reporting
The Consultant will provide the City a written (hard copy or electronic) summary of
activities for each month in which Consultant services have been provided and /or out -of-
pocket costs incurred. The written summary will be submitted to the City by the tenth
(10th) of the month following the month in which the services were provided and /or the
costs were incurred.
VIII. Parties' Representatives
The parties to the Agreement identify the following individuals to serve as their
representatives and points of contact for the purposes of the continued execution and
proper administration of this Agreement related, but not limited, to the handling of billing
and payment, prior approval of work activities, and the submission of required reporting.
A. As an independent contractor, the Consultant is the contact person on her own
behalf Her contact information is:
Nancy J. Richardson
2211 Jessica Lane
Coralville, Iowa 52241
(515) 290 -5029
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(a)hotrnail
B. Teri Goodman, Director of Intergovernmental Affairs for the City, will serve
as the contact person on the City's behalf. Her contact information is:
Teri Hawks Goodmann
Director, Intergovernmental Affairs
City Hall
50 West 13th Street
Dubuque, Iowa 52001 -4110
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IX. Intellectual Property Rights and Use of Materials
The Consultant retains all right, title and interest, including all copyrights, patent rights
and trade secret rights, for materials developed by the Consultant during the course of
this Agreement and reserves the right to reuse such various materials in other areas of
work. The Consultant grants the City royalty -free nonexclusive use of any such materials
incorporated into the work performed by Consultant under this Agreement. The license
shall have a perpetual term and may not be transferred by the City.
X. Consultant's Business Activities
During the term of this Agreement, the Consultant may take on other clients or projects at
her own discretion.
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XI. Confidential Information
The Consultant agrees that any information received by the Consultant during the
furtherance of the Consultant's obligations in accordance with this Agreement, which the
City identifies as confidential, will be treated by the Consultant in full confidence and
will not be revealed to any other persons, firms or organizations.
XII. Severability
The invalidity of any portion of this Agreement will not and shall not be deemed to affect
the validity of any other provision. In the event that any provision of this Agreement is
held to be invalid, the parties agree that the remaining provisions shall be deemed to be in
full force and effect as if they had been executed by both parties subsequent to the
removal of the invalid provision.
XIII. Entire Agreement
This Agreement contains the entire understanding and Agreement between the City and
the Consultant with respect to this project.
XIV. Modifying the Agreement
If events require adjustments to this Agreement, such modifications must be agreed to by
both parties, put in writing and signed by the Consultant and the City's representative,
and are then added to this Agreement and comprise the Agreement from that point
forward.
XV. Applicable Law
This Agreement will be governed by the laws of the State of Iowa.
XVI. Signatures
The City and the Consultant consent to the above Agreement and evidence that consent
through the signatures of the official representatives below.
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City of Dubuque
Date
cy J. Richardson Date