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AGREEMENT FOR CONSULTING SERVICES
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THIS AGREEMENT, made this day of November, 2005, between
Educational Management Consultants, afor-profit business located in Mercer Island,
Washington, with a mailing of PO Box 98, Mercer Island, WA 98040-009 984 (herein
referred to as "Consultant"); and the City of Auburn, a municipal corporation o 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 B3~rne 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 AGRIEMENT,
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 Byrne Grant for the
Olympic Middle School Neighborhood Learning Center. These services shall include,
but are not limited to, the following:
• Prepare an evaluation plan, developed in consultation with the program stai:f
of the City and the Governor's Juvenile Justice Advisory Committee (GJJAC)
who provides the City its Byrne grant.
• Gathers and analyzes diagnostic data from the Auburn School District
regarding student's proficiency in mathematics. Transfers this information to
program staff so that they can use it to develop appropriate mentor/tutoring
strategies.
• Conduct bi-monthly site visits.
• Gather and analyze year end survey and diagnostic test data.
• Prepare for GJJAC two reports: a six-month Interim Evaluation Report and
an end-of-program-year report.
2. PLACE OF WORK
Consultant's services will be rendered largely at the office of the Consultant. The Con,~ultant
will, on request from the City, come to Olympic Middle School Neighborhood Learning Center,
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GJJAC: Project Evaluator Agreement
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 dory
will be entirely within consultant's control and the City will rely upon the Consultant t~~
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, excludin€;
travel. The Consultant will be required to meet the following deadlines:
November 4, 2005:
January 31, 2006:
June 30, 2006
4. PAYMENT
Local Evaluation Plan
6-Month Interium Evaluation Report
Final Evaluation Report
The City will pay the Consultant an amount not to exceed $4,130 for the provision of 1;he
prescribed Basic Level of Service. Payment will be made in two installments of equal
amounts of no more than $2,065 per request. The first installment will be paid only after
the Consultant submits the Mid-Year Evaluation Report to GJJAC no later than January
31, 2006, and within 45 days following the receipt of an invoice by the City from the
Consultant. The second and final payment for the remaining amount of the contract
amount will be paid only after the Consultant delivers the Final Evaluation Report
to GJJAC no later than June 30, 2006, and within 45 days following the receipt of an
invoice by the City from the Consultant.
5. TERM
The duration of this AGREEMENT is approximately one year beginning August 1, 2005 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.
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7. STATUS OF CONSULTANT
GJJAC: Project Evaluator Agreement
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 no't 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 IVSiddle
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 de~~th, (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, ordinance, or
regulation, (d) violation or claimed violation of a third party's rights, or (e) the failure 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 g~~vern this
AGREEMENT. If any provision of this AGREEMENT is found by a court to be unenforceable,
the remainder of this AGREEMENT shall continue in full force and effect.
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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 agreements
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.
U BU ALL..-/ ~
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PETER B. LEWIS
MAYOR
ATT ST:
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Dani E. Daskam,
City Clerk
E CATION MAN ENT CONSULTANTS, INC
BY: _
TITLE:
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this ~. day of ~~ , 2005, before me, the undersigned, a Notary Public in and
for the State of Washington, personally appeared >C~bp~, F3,OeG{~ , to me kno~m to be the
Executive Director of Education +~~t Consultants, the corporation that executed tlhe foregoing
instrument, and acknowledged d ~+ ~ ,~~e the free and voluntary act and deed of said non-profit
corporation for the uses and pu oses't~i9t~~r tl~tfon~, and on oath stated that he/she is authorized tc execute said
instrument on behalf of said ~n-piofi}~Eb~x~t~'or~ WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the date ite;einaiw$ ~forti~.
~j- 9y'O~/BLIG
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~~Pq Die lNA PUBLIC in and for the State of
~~~~~w~arei~l ington, residing in (YLa.r~,~( ~$
MY COMMISSION expires: S ~ 2~ ~~