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HomeMy WebLinkAboutEducational Mgmt Consultants (1)~ .1\. \ CITY. OF, .~ Aª~17ltN ;, "~ASHINGTON Dept of Planning & Community DeVE!lopment 25 West Main Street, Auburn, WA 98001 phone: 2!¡3.804.5029 email: bmandeville@ci.auburn.wa.us AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT, made this I day of August, 2004, between Educational Management Consultants, a for-profit business located in Mercer Isl2md, Washington, with a mailing of PO Box 98, Mercer Island, W A 98040-009 984 (herein referred to as "Consultant"); and the City of Auburn, a municipal corporation 0 the State of Washington, located at 25 West Main Street, Auburn, Washington 98001 {herein referred to as "City"). Whereas, the Evaluator is a technical consulting firm specializing in program evaluation, fund development and program planning. Whereas, the City of Auburn recently received a Byrne Grant from the State of Washington's Governor's Juvenile Justice Advisory Committee {herein referred to as GJJAC} to create an after-school program at Olympic Middle School that requires the services of an independent evaluator. NOW, THEREFORE, In consideration of the covenants and conditions of this AGREEMENT, the parties agree as follows: 1. BASIC LEVEL OF SERVICE Consultant will perform consulting, advisory and programming services on behalf of the City with respect to all matters and relating to or affecting the Bryne Grant for the Olympic Middle School Neighborhood Learning Center. These services shall include, but are not limited to, the following: Prepare an evaluation plan by September 10,2004, developed in consultation with the program staff ofthe City and the Governor's Juvenile Justice Advisory Committee (GJJAC) who provides the City its Bryne grant. Design data collection instruments that are integrated with the cross-site evaluation requirements of the GJJAC as well as the monitoring and evaluation needs of the local program staff. Conduct bi-monthly site visits. Prepare for GJJAC two reports: a six-month Interim Evaluation Report and an end-of-program-year report. AUBURN * MORE THAN YOU IMAGINED Page 2 of 4 GJJAC: Project Evaluator Agreement 2. PLACE OF WORK Consultant's services will be rendered largely at the office of the Consultant. The Consultant will, on request from the City, come to Olympic Middle School Neighborhood Learning Center, located at 1825 K Street S.E., Auburn, Washington, or such other places designated by City to meet with representatives of the City and/or GJJAC. 3. TIME DEVOTED TO WORK In the performance of the services, the hours the Consultant is to work on any given day will be entirely within consultant's control and the City will rely upon the Consultant to put in such number of hours as is reasonably necessary to fulfill the spirit and purpose of this contract. This arrangement will probably take about 44 hours of service, excluding travel. The Consultant will be required to meet the following deadlines: September 10,2004: Local Evaluation Plan January 31, 2005: 6-Month Interium Evaluation Report August 31, 2005: Final Evaluation Report 4. PAYMENT The City will pay the Consultant an amount of$4,130 for the provision of the prescriibed Basic Level of Service. Payment will be made only after the delivery of services and within 30 days following the receipt of an invoice by the City from the Consultant. Final payment of no less than 25% of the total amount for the Basic Level of Service will be retained until the delivery of the Final Evaluation Report to GJJAC. 5. TERM The duration of this AGREEMENT is approximately one year beginning August 1,2004 and ending upon the delivery of the Final Evaluation Report to GJJAC. The term of the AGREEMENT may be renewed for another year upon the mutual consent of both parties. 6. ASSURANCE OF SERVICES The Consultant will assure that the following individuals will be available to perform, and will perform, the Services prescribed by this AGREEMENT until they are completed: Debora Boeck, President, Educational Management Consultants Sue Wilkes, Consultant, Education Management Consultants The Consultant may assign other individuals to fulfill this AGREEMENT only with the prior written approval of the City. Page 3 of 4 GJJAC: Project Evaluator Agreement 7. STATUS OF CONSULTANT The consultant is engaged as an independent contractor and shall be treated as such for all purposes, including but not limited to, Federal and State taxation, unemployment insurance, worker's compensation, general liability and property insurance. The Consultant is not and will not be considered an employee of the City of Auburn for any purpose. 8. CONFIDENTIALITY In connection with the performance of Services prescribed in this AGREEMENT, the Consultant may be exposed to confidential and proprietary information of the City, whether or not so identified as "confidential". Confidential information shall include, but not limited to, any information and data about the City of Auburn and the clients served at the Olympic Middle School Neighborhood Learning Center reasonably considered to be private, confidential, sensitive, proprietary, or not voluntarily disclosed by the City to the general public. All confidential information received by the Consultant: (a) shall not be copied, distributed, disclosed or disseminated in any way or form without the written consent of the City; (b) shall be maintained in strict confidence; (c) shall not be used by the Consultant for any other purposes not related to this AGREEMENT; and (d) shall remain the property of the City and returned to the City following the termination of this AGREEMENT. 9. WARRANTIES AND INDEMNIFICATION The Consultant will indemnify, hold harmless, and, upon request, defend the City of Auburn and its Clients from and against all claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable attorneys' fees and costs of suit arising out of or in connection with any negligent or willful act or omission of the Consultant or the Consultant's employees or agents, including, but not limited to, (a) causing bodily injury, sickness, disease, or dl~ath, (b) causing injury to or destruction of tangible or intangible property, including computer programs and data, or any loss of use resulting therefrom, (c) violation of any statute, ordinanet:, or regulation, (d) violation or claimed violation ofa third party's rights, or (e) the failurl: to perform services in a professional manner. The Consultant shall maintain adequate insurance for any incident relating to the performance of its services. 10. TERMINATION. The services rendered through this AGREEMENT will generally be terminated upon the conclusion of the assignment. However, either party may terminate the Consultant's services effective upon 60 days written notice, with or without cause, for any reason whatsoever. Upon termination, the Consultant shall deliver all property to City. 11. GOVERNING LAWS AND SEVERABILITY: The laws of the State of Washington and the Ordinances of the City of Auburn shall govern this AGREEMENT. If any provision ofthis AGREEMENT is found by a court to be unenforceable, the remainder of this AGREEMENT shall continue in full force and effect. Page 4 of 4 GJJAC: Project Evaluator Agreement 14. COMPLETE UNDERSTANDING; MODIFICATION. This AGREEMENT constitutes the full and complete understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings and agæements relating to such subject matter. Any waiver or modification of this AGREEMENT shall be effective only if in writing and signed by the parties hereto. \r~~N PETER B. LEWIS MAYOR .- ../ ATIEST: ~~s~~ City Clerk IËQ MENT CONSULTANTS, INC ~ td.- BY: TITLE: STATE OF WASHINGTON ) )ss ) COUNTY OF KING On this :J..o'fl.. day of ~}'/)A- ,2004, before me, .tÞe undersigned, a Notary Public in and for the State of Washington, personally appeared t"J e /r.J {/ rÆ X 6 (> CC/é ' to me known to be the Executive Director of Valley Cities Counseling and Consultation, the non-profit corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the ftee and voluntary act and deed of said non- profit corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said non-profit corporation. IN WITNESS WHEREOF, I have h,:reunto set my hand and affixed my official seal the date hereinabove set forth. i'Io"""'-\'\\\ ~r ~ ..................OLVN s."-., ¿ /~::;;isšio<:~i\ NOTARY PU LIC in ~n fonhe State of ! ... (j N,() .".. '"-1:0'" ;Z ~~ Washington, residing in ~"';' ~\Z~ MY COMMISSION expires: /&-;;Ul-ð7 ~~: ,~~\. m: II 'ÍY\ vii'IC .: ; ~ ~ ··;o~· ,': "..'..0....:<9-01 ....0· ~.f . ".. ":\- ',,' wÅŠHi~ß ~---- 1\\\\\.\.,.............................