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HomeMy WebLinkAboutContract CONSULTANT AGREEMENT CAG-15-240 THIS AGREEMENT is made as of the � day of�VL c 201�Pbetween the CITY OF RENTON,a municipal corporation of the State of Washington, hereinafter referred to as"CITY,"and Doug Levy,an independent consultant, hereinafter referred to as"CONSULTANT,"for his legislative services. Information shall be made available for use by the City of Renton Staff and City Council. 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. 5. 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 a rate$4,800 a month for lanuary 2016 through June 2016,then$4,000 for July 2016 through December 2016, plus monthly expenses not to exceed$450 a month. 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, 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. Page 2, Levy Contract 8. Assignment Agreement. The Consultant shalt 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. 11. Independent Contracto�. 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 Workman'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 ENTON � Doug Levy�tcomes by evy" Denis Law, Mayor v 15619 NE 62nd Place Kenmore,WA 98028 APPROVED AS TO FORM: p�TTEST: ���,\\�\`\IUIllllllt(Ill!/(jj��� ���\\�y O� RENT�//% ; V � Z ��'��-L.�� A. - , � City Attorney ; �� o �eth,Ci Clerk ; � 9C � ; � ^ � ����//////�///�/ �S�\6\\a\\ ////�I11111111111111111 2