HomeMy WebLinkAbout5097Contract Nun�er:
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F�i�S]
BiII Curtrzght
PSA--Admininstrative Personnel Investigation
Police
LEG 12-1
11/2/2011
6/30/2012
Comments :
PItOFESSIOl�AL SERVICES AGR�EIVIEIVT
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The City of Bremerton ("Crty") and Bill Curtright ("Consultant"), referred to collectrvely
as the "Parties," enter into the followmg Agreement for professional services
I. Scope: The Consultant agrees to conduct an admmistrative personnel mvestigation
related to the Bremerton Police Department's Internal Investigation 02-11 In the event that
litigation, mcluding any admimstrative proceedmg or gnevance, is commenced by any party
concermng the sub�ect matter of the personnel mvestigation, the Consultant will agree to
cooperate and provide testimony concerrung h�s activities if requested or subpoenaed
II. Term: The Crty and the Consultant agree that work vv�ll begin on the tasks described m
Section I immediately upon execution of this Ageement until the mvestigation is completed or
either party has ternunated the agreement as set out m Section VIII The parties do not mtend
that the consultant need work continuously on the investigation to the exclusion of other
activities or commrtments
ffi. Co�pensatio�: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant as follows
Professional Fee: The consultant shall be paid a professional fee of $100 00 per hour
wrth a two-hour minimum for work performed away from his home/office
'��avel F�e: The consultant shall be pa.id $100 00 per hour for time spent travelmg
between his home%ffice in Lacy, Washmgton and the �ob site
1Vgileage: Mileage reimbursement vv�ll be billed at the current state rate
The Consultant shall submit regular billmg sta.tements detaslmg work performed and
amount charged on each task or portion thereof The descnptions shall conform to and fall
wrttun the categones set out in the Scope of Work and/or Fee Schedule Upon receipt of a
confornung billmg statement, the City shall promptly process payment
Consultant sha11 not perform work beyond the Scope of Work, nor sha11 be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to tlus
Agreement Consultant shall only be compensated for addrtional services if requested pursuant
to Section I
If a billmg statement does not conform to this Agreement, the Crty may wrthhold
payment until the statement is brought mto compliance Such withholding does not relieve
Consultant of its obligations under this Agreement
IV. ltelations�e�p of Parties: Consultant represents that rt is slcilled m the matters addressed
in the Scope of Work and is performing mdependent functions and responsibilities within rts
BremertonBill Curtright
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field of expertise Consultant and rts personnel are mdependent Consultants and not employees
of the City Consultant and rts personnel have no authonty to bmd the Crty or to control the
City's employees and other Consultants None of the benefits provided by the City to rts
employees, includmg, but not limited to, compensation and unemployment msurance are
available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant Consultant vv�ll be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement, except that the Crty sha11 include Consultant as an addrtional msured on the
Crty's liability msurance The City may, dunng the term of this Agreement, engage other
mdependent Consultants to perform the same or similar work
As an independent Consultant, Consultant is responsible for rts own management The
Crty's administration and enforcement of tlus Agreement shall not be deemed an exercise of
managenal control over Consultant or its personnel
As an mdependent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform rts obligations under this Agreement These taxes and fees
mclude but are not lirruted to State mdustrial msurance, Busmess & Occupation, State
professional licensmg, and City business licensing If any t�es or fees due the City have been
declared delmquent, the Crty may wrthhold the delinquent amount, plus any addrtional charges
arismg from the delmquency, from any payments due Consultant
V. Inclemni�ication: The City shall defend, mdemmfy and hold Consultant harmless from any
and all claims, injunes, damages, losses or suits, including all legal costs and attorney fees,
ansmg out of or m connection with the performance of this Agreement The City shall name
Consultant as an additional msured on the Crty's liabilrty msurance In the event that lrtigation is
commenced concerrung the sub�ect matter of Consultant's personnel mvestigation, including any
admmistrative proceeding or grievance, the City shall reimburse Consultant at his customary
hourly rate and for his actual expenses incurred for his activities in connection wrth the lrtigation,
admmistrative proceedmg, or grievance, includmg testimony he may be asked to provide
The provisions of tlus section shall survive the expuation or ternunation of ttus
Agreement
VL Generaa Conditions:
A Ownership and Use of Records and Documents Ongmal documents, mcludmg those
m electroruc format, developed under this Agreement are the property of the City All written
information submitted by the City to the Consultant in connection with the services perfortned by
the Consultant under this Agreement will be safeguarded by the Consultant to at least the same
extent as the Consultant safeguards like mformation relating to rts own busmess If such
mformation is publicly available or is already in Consultant's possession or known to it, or is
rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibilrty
for its disclosure, madvertent or otherwise
Bremerton/Bill Curtnght
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All data, documents and files created by Consultant under tivs Agreement may be stored
at Consultant's office in Lacy, Wastungton Consultant shall make such data, documents, and
files available to the Crty upon rts request at all reasonable times for the purpose of editing,
modifymg and updatmg as necessary until such time as the City is capable of storing such
mformation m the Crty's offices Duplicate copies of this mformation sha11 be provided to the
City upon rts request, and at reasonable cost
All documents, mcludmg all reports, drawmgs, specifications, computer software or other
rtems prepazed or furmshed by Consultant pursuant to tivs Agreement, are instruments of service
with respect to the project and are the property of the City Any reuse by the Crty for other than
the specific purpose intended will be at Crty's sole risk
B Entire Ag�eement This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, wntten or
oral, that have not been set forth in the text of this Agreement
C Severabilitv Should any part of this Agreement be found void, the balance of the
Agreement shall remam in full force and effect
D Modificat�on This Agreement may only be modified by written instrument signed by
both Parties
E Choice of Law and Venue This Ageement shall be interpreted accordmg to the laws
of the State of Washington Any judicial action to resolve disputes ansmg out of this Ageement
sha11 be brought �n Krtsap County Superior Court
F Attorneys' Fees In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all rts own costs and attorney's fees
G Assignment Any assignment of this agreement by the Contractor wrthout the wntten
consent of the City shall be vold
VII. Nandisc�eamamation: Consuitant shall not discriminate in employment or services to the
public on the basis of race, color, national ongm, se� religion, age, marital status, disabilrty, or
sexual onentation except for employment actions based on bona fide occupational qualification
VIII. Tea�nenataon: This Agreement shall rema�n m force until completion and acceptance of
the services, terminated by wntten mstrument upon mutual consent, or by the Crty of Bremerton
for converuence Tlus Agreement may be immediately temunated for cause by a Party if the
other Party substantially fails to perform through no fault of the ternunating Party, and the non-
performmg Party does not commence correction of the failure of performance wrthm thirty (30)
days of the terminating Party's sending notice to the non-performing Party Any Notice by
Consultant sha11 mclude a report shovv�ng the status of a11 items listed m the Scupe of Work
current through the termmation date
Bremerton/Bill Curtnght
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In the event of ternunation, the Crty shall pay for all services performed by the
Consultant to the effective date of termination, as described on a final mvo�ce submitted to the
City After ternunation, the Crty may take possession of all recards and data within the
Consultant's possession pertammg to tlus proJect which may be used by the Crty wrthout
restnction Any such use not related to the project wtuch Consultant was contracted to perform
sha11 be without liabilrty or legal e�osure to the Consultant
CITY OF BREMERTON
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Date
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CONSULTANT
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Approved as to form ,.
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Brem rt n City Attorney Ci y Clerk
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BremertonBill Curtnght
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