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HomeMy WebLinkAboutBrody, David - Consulting Agreement (Citizens Survey) CONSULTING AGREEMENT This Consulting Agreement, effective March 16, 2015, is made and entered into by and among the City of Yakima ( "City "), a municipal corporation, with its principal offices at 129 North Second Street, Yakima, Washington 98901, hereinafter "City," and David Brody ( "Consultant "), living at 11114 South Cedar Road, Spokane, Washington 99224, hereafter "Consultant. ". WHEREAS, the City requires professional services and software to implement such services but does not possess the necessary expertise; and WHEREAS, the Consultant has the expertise to provide the services which meet the City's requirements; NOW, THEREFORE in consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. SERVICES A. The Consultant represents that he is qualified and possesses the necessary expertise, knowledge, training and skills to perform the services set forth in this Agreement. The Consultant shall assist in the development, collection and analysis of a citizen survey regarding the establishment of a community court in Yakima including the services described in Exhibit "A," attached hereto and incorporated herein by this reference. B. Perform the work according to standard industry practice of the type of work specified by this Agreement. C. Complete the work in a timely manner and in accordance with this Agreement. D. Confer with the City from time to time during the progress of the work. 2. PAYMENT Consultant shall be paid a lump sum of $3,500 for completion of all work under this Agreement as described in Exhibit "A" regardless of the number of hours or length of time necessary for Consultant to complete such services. This fee includes one trip by consultant to Yakima. Upon completion of the work, Consultant shall submit his bill for payment in a form approved by the Head of the City Department receiving the services. The bill shall identify the services completed and the amount charged. e1��` Agreement with David Brody 3. TERM OF AGREEMENT The term of this Agreement shall be from March 16, 2015 through May 31, 2015, but may be extended by mutual agreement between the parties. 4. INDEPENDENT CONTRACTOR A. The Consultant is an independent Contractor, working under his own supervision and direction and not as agent, employee or servant of the City. B. The Consultant acknowledges that the entire compensation for this Agreement is set forth in Section 2 — Payment, and the Consultant is not entitled to any City benefit, including, but not limited to, : vacation pay, holiday pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to City employees. C. The Consultant shall have and maintain complete responsibility and control over all of its sub - Consultants, employees, agents and representative. No sub - Consultant, employees, agent or representative of the Consultant shall be or deem to be or act or purport to act as an employee, agent or representative of the City. D. The Consultant shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises or payments required by any city, federal or state legislation which is not or may during the term of this Agreement be enacted as to all persons employed by the Consultant and as to all duties, activities and requirements by the Consultant in performace of the work on this project and under this Agreement and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules. E. The Consultant Agrees to immediately remove any of its employees or agents from assignment to perform services under this Agreement upon receipt of written request to do so from the City's Agreement representative or designee. 5. COMPLIANCE WITH LAWS The Consultant shall comply with all applicable federal, state and local laws, rules and regulation in performing this Agreement. 6. INSPECTION OF BOOKS AND RECORDS The City may, at reasonable times, inspect the books and records of the Consultant relating to the performance of this Agreement. The Consultant shall «2 Agreement with David Brody keep all records required by this Agreement for six (6) years after termination of this Agreement for audit purposes. 7. NONDISCRIMINATION The Consultant, his assignees, delegates or sub - Consultants shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of disability. Implementation of this provision shall be consistent with RCW 49.60.400. 8. SAFEGUARDING AND OWNERSHIP A. The City retains the exclusive right of ownership to the work, products, inventions and confidential information produced for the City by the Consultant, and the Consultant shall safeguard and not disclose any information, whether developed by the Consultant or given to the Consultant by the City. This clause pertains only to materials developed or collected specifically under this Agreement. B. Failure to safeguard information may result in termination of the Agreement and the demand for return of all records in connection with this Agreement. The Consultant agrees to indemnify and hold harmless the City for any damages related to the Consultant's unauthorized use or disclosure of criminal, personal or other privileged information. "Personal information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, other identifying numbers, and /or protected health information. C. The provision of this Section 8 — Safeguarding and Ownership shall survive termination of this Agreement. D. City acknowledges and agrees that all techniques, procedures and methodologies used and implemented by the Consultant in the performance of its work under this Agreement are not included in the sale, and all intellectual property rights to such techniques, procedures and methodologies shall be retained by Consultant, or by such third parties with whom Consultant may contract with or have licenses through. E. An electronic copy of all or a portion of materials produced shall be submitted to the City upon request or at the conclusion of performance under this Agreement. ;3x. Agreement with David Brody 9. CONSULTANT'S STANDARD OF CARE City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant hereby warrants that all of Consultant's work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of Consultant's work by City shall not operate as a waiver of release. 10. WAIVER OF BREACH The waiver by a party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the party in breach. 11. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings nat incorporated in this Agreement are specifically excluded. CONSULTANT: (A cr 71: Date 3/24/2015 David Brody CIT OFYA∎MA r \ Date 5 id-& l 15 ' se !'' ou ke Yakima City anager CITY CONTRACT Mk n)01 - CO 1 RESOWTION '" r ^ f . 4 Agreement with David Brody EXHIBIT A Services to be Performed by Consultant Consultant shall perform the following services: Consult on overall citizen survey process Review proposed survey and suggest modifications Assist in selection of appropriate sample Create an electronic version of survey for e -mail deliver and posting on City web site Administer electronic version of survey to e -mail addresses provided by City Enter survey responses into statistical software Analyze survey results Prepare a written report on results of survey Travel to Yakima to make a presentation on the results w,` 5 Agreement with David Brody