HomeMy Public PortalAbout2021.02.11 Kushlan City Planner Agreement FINAL.doc
February 17, 2021
PROFESSIONAL SERVICES AGREEMENT
FOR INTERIM STAFF PLANNING SERVICES
This agreement is entered into on the date listed below between the City of McCall, Idaho hereinafter referred
to as “CITY”, whose address is 216 E. Park Street, McCall, ID 83638 and Diane T Kushlan, Kushlan and Associates,
LLC hereinafter referred to as “CONSULTANT”, whose address is 1707 W Resseguie St., Boise, ID 83702.
Section 1. Consultant Services
The scope and level of work required is technical planning assistance including review and coordination of
planning applications, staff reports, public information, agenda preparations, and presentations as requested
and directed by the City’s Community and Economic Development Director. The scope of the services is separate
and distinct from any work associated with update of the City’s Zoning Code.
Section 2. Schedule
CONSULTANT shall be in a position to offer up to 230 hours of service from February 12, 2021, and continue to
August 24, 2021, unless otherwise extended by written signed agreement of the parties.
Section 3. Compensation.
For the services as described herein, the CITY agrees to pay CONSULTANT $105/hour and a sum not to exceed
$24,150.
Section 4. Method of Payment; Periodic Payments.
A. CONSULTANT shall invoice the CITY no more than once per month.
B. All invoices shall be paid by mailing a CITY warrant within sixty (60) days of receipt of a proper invoice to
the following address:
Diane Kushlan
Kushlan and Associates, LLC
PO Box 8463
Boise, ID 83707
C. CONSULTANT shall keep time other cost records and accounts pertaining to this agreement, available for
inspection by CITY representatives for three (3) years after final payment. Copies shall be made available
on request.
Section 5. Discrimination and Compliance with Laws
A. In performing the services required herein, CONSULTANT agrees not to discriminate against any person
in the performance of this agreement because of race, color, religion, sex, national origin, age or non-job
related handicap, or because of prior military service or current military status, and shall comply with all
applicable federal and state laws and regulations of governmental agencies relating to civil and human
rights.
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February 17, 2021
B. CONSULTANT shall comply with all federal, state, and local laws and ordinances applicable to the work
to be done under this contract.
C. Violation of this section 5. shall be a material breach of this agreement and grounds for cancellation,
termination, or suspension of the agreement by the CITY, in whole or in part, and may result in
ineligibility for further work for the CITY.
Section 6. Term and Termination of Agreement
A. This agreement shall be effective upon signing and shall remain in effect for the term designated in
Section 2 unless terminated in accordance with paragraph B. of this section.
B. This agreement may be terminated by either party without cause upon thirty (30) days written notice, in
which event all finished or unfinished documents, reports, or other material or work of CONSULTANT
pursuant to this agreement shall be submitted to the CITY, and CONSULTANT shall be entitled to just
and equitable compensation at the rate set forth in Section 3. for any satisfactory work completed prior
to the date of termination.
Section 7. Ownership of Work Product
All data, materials, reports, memoranda, and other documents developed under this agreement whether
finished or not shall become the property of the CITY, shall be forwarded to the CITY at its request and may be
used by the CITY as it sees fit.
Section 8. General Administration and Management
The City of McCall Community and Economic Development Director shall be the City’s representative, and shall
direct, oversee and approve all services to be performed, coordinate all communications, and review and
approve all invoices, under this agreement.
Section 9. Hold Harmless
A. CONSULTANT shall protect, defend, indemnify and save harmless the CITY, its officers, employees and
agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way
resulting from the negligent acts or omissions of CONSULTANT, its officers, employees and agents in
performing this agreement.
B. To the extent allowable by Idaho Law, CITY shall protect, defend, indemnify and save harmless
CONSULTANT, its officers, employees and agents from any and all costs, claims, judgments or awards of
damages, arising out of or in any way resulting from the negligent acts or omissions of the CITY, its
officers, employees and agents in performing this agreement.
Section 10. Independent Consultant
In all matters pertaining to this Agreement, CONSULTANT shall be acting as an independent
CONSULTANT, and will not be deemed an employee or agent of the CITY.
DocuSign Envelope ID: 11730452-9805-4DEF-9C26-6D19A4302713
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Section 11. Subletting or Assigning Contract
Neither the CITY nor CONSULTANT shall assign, transfer, or encumber any rights, duties, or interests accruing
from this agreement without the express prior consent of the other.
Section 12. Extent of Agreement/Modification
This agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior negotiations, representations, or agreements either written or oral. This agreement
may be amended; modified; or added to only by written instrument properly signed by both parties
hereto.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of February 11, 2021.
CONSULTANT CITY OF McCall
By:_________________________ By:_________________________
Diane Kushlan Robert S. Giles, Mayor
Attest:
BessieJo Wagner, City Clerk
DocuSign Envelope ID: 11730452-9805-4DEF-9C26-6D19A4302713