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HomeMy WebLinkAbout5097Contract Nun�er: Vendor: Sub�ect: Department: File Class: Begin Date: End Date. Review Date: Vault Date: 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 �� cu�c�; 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 Page 1 of 4 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 Page Z of 4 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 Page 3 of 4 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 By _ rts Date ''." KoGG-� v /Cl-� � _ l/ CONSULTANT By � rts Date //- D Z �/ Approved as to form ,. �� Brem rt n City Attorney Ci y Clerk R �I.EGAL�Legal�Departments-CTenneral�Pol�ce12011 10 31 Professional Serrnces Agreeme� G�rtng6t doc BremertonBill Curtnght Page 4 of 4