HomeMy WebLinkAboutEducational Mgmt Consultants
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CITY. OF, .~
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;, "~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
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City Clerk
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MENT CONSULTANTS, INC
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BY:
TITLE:
STATE OF WASHINGTON
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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.
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