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HomeMy WebLinkAboutEducational Management Consultants AGREEMENT FOR CONSULTING SERVICES ~- 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, Page 2 of 4 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. Page 3 of 4 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. 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 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..-/ ~ ~ ~ - ---~ ~ r ~ PETER B. LEWIS MAYOR ATT ST: ~~ 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 ~9l . GgAY 27 . ~~Pq Die lNA PUBLIC in and for the State of ~~~~~w~arei~l ington, residing in (YLa.r~,~( ~$ MY COMMISSION expires: S ~ 2~ ~~