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.
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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
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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.
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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:
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Date 3/24/2015
David Brody
CIT OFYA∎MA
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Yakima City anager
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RESOWTION
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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
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