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HomeMy WebLinkAboutContract 1#410, CAG-15-017 CONSULTANT AGREEMENT THIS AGREEMENT is made as of the qday of _ 2015, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter re red to as"CITY," and Creative Fuel Studios (Sheila Cowley), an independent consultant, hereinafter referred to as "CONSULTANT," for their consultant services related to programs and services for inclusion in the City of Renton. The CITY and CONSULTANT agree as set forth below: 1. Scope of Work. The Consultant will provide all labor necessary to perform all work, which is described in the attached Scope of Work (Exhibit A). This Agreement and Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by written agreement of the parties. The scope of work may be amended as provided herein. 2. Changes in Scope of Work. The City,without invalidating the Consultant Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the work shall be authorized by written agreement signed by the City and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, the consultant will not proceed without a written change order from the City. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. The Consultant shall complete performance of the Consultant Agreement for the items under Consultant's control in accordance with Exhibit A. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A. The City and Consultant reserve the right to give 30 days notice of cancellation, if desired,for any reason. S. Consultant Agreement Sum. The City hereby agrees to contract with Consultant, and Consultant hereby agrees to accept said contract in accordance with the terms and provisions of this Agreement and Exhibit A hereto as hereinafter set forth. The Consultant shall be compensated at an hourly rate of$65 per hour(average of 20 hours per week during the term of the Consultant Agreement; actual hours may vary from week to week), plus reasonable expenses incurred. 6. Method of Payment. Payment by the City for services rendered will be made after a voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty(30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, Sheila Cowley,Creative Fuel Studios Page 2 "` shall belong to the City, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers,from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and the city, its officers, officials, employees and volunteers,the contractor's liability hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor's waiver of immunity under the Industrial Insurance Act,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 10. Insurance. a. Consultant's Insurance. Consultant shall secure and maintain the following insurance policies, and shall not cancel or suspend the insurance policies identified below, except after twenty (20) calendar day's prior written notice by certified-mail to the City of Renton: i. Commercial General Liability Insurance: Commercial general liability insurance in the minimum amounts of$1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. ii. Workers' Compensation:Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington. iii. Renton as an Additional-Insured: It is agreed that on Consultant's commercial general liability policy, the City of Renton will be named as an Additional-Insured on a primary and non-contributory basis. Any coverage maintained by the City of Renton is solely for the coverage and benefit of Renton, and its elected officials, officers, agents, employees, representatives and volunteers. iv. Verification of Coverage:Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. b. Review of Policy. Upon request, Consultant shall give Renton a full copy of the insurance policy for its records and for the Renton City Attorney's or Risk Manager's review. The policy limits may be reviewed and the value reassessed annually or as required by law. C. Termination. Notwithstanding any other provision of this Agreement, the failure of Consultant to comply with the above provisions of this section shall subject this Agreement to immediate termination without notice to any person in order to protect the public interest. Sheila Cowley,Creative Fuel Studiosy Page 3 11. Independent Contractor. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this agreement, shall be considered employees of the Consultant only and not of the City. The Consultant's relation to the City shall be at all times as an independent contractor. Any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. 12. Compliance with Laws. The Consultant and all of the Consultant's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. This agreement is entered into as of the day and year written above. CONSULTANT CITY OF RENTON Sheila Cowley Jay i gton Creative Fuel Studios Chief Administrative Officer PO Box 6351 Kent WA 98031 APPROVED AS TO FORM: ATTEST: City Attorney Jaso eth, City Clerk ' CREATIVE . FUEL 19 January 2015 CREATIVE FUEL STUDIOS SCOPE OF WORK for January—May 2015 Presented to: City of Renton Renton Contact: Preeti Shridhar PShridhar@Rentonwa.gov Creative Fuel Studios Contact: Sheila Cowley PO Box 6351, Kent WA 98031 cell 206.788.7819 home/office 253.639.3122 sheila.cowley@creativefuelstudios.com DESIGN SERVICES Sheila Cowley,with Creative Fuel Studios,will provide graphic design services to the City of Renton as needed. Under the direction of Renton's Deputy Public Affairs Administrator, I will design and layout printed material such as, but not limited to,: Catalogs, Brochures, Banners, Newsletters, Flyers, Event Graphics, Posters, Logos, Style Guidelines, Business Cards, Labels,Stickers,T-shirts, Promo Items, Direct Mail, Advertising, and Packaging.Web graphics can also be provided such as Web Banners or Ads.This will apply directly to the City of Renton on such projects as, but not limited to,the What's Happening guide, Golden Opportunities guide, Community Services special event flyers/ posters /web graphics,City Hall document formatting,etc. Work will be done in Adobe Creative Suite print programs(InDesign, Illustrator, Photoshop,Acrobat). Files will be provided to the city and/or other vendor for print or web applications in these programs or in PDF, JPG, EPS,TIF,or PNG, etc. AVAILABILITY AND COMMUNICATION I am available most days Monday–Friday for phone calls,emails, or in-person meetings(scheduled ahead of time), approx.9:00am-5:00pm and can communicate directly with each department. Earlier or later contact is completely fine with a heads up. I am about 15-20 minutes from Renton City Hall. BILLING - For the period of January through May 2015 - Billed on a monthly basis—with a project-by-project cost breakdown shown - $65 per hour with a maximum of 20 hours per week average = $1300 per week average—or maximum of $5590 per month (based on average of 4.3 weeks in month)