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HomeMy WebLinkAboutGoldsmith, David Personal Services Agreement - 020521L. PERSONAL SERVICES AGREEMENT RETREAT FACILITATION SERVICES THIS Agreement, is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as the "County," and David Goldsmith, a single person provider with no employees or associates, hereinafter referred to as the "Consultant," in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the County to provide facilitation to a portion of the County Commissioners' retreat with the appointed Department Directors scheduled for February 5, 2021. 2. Scope of Services. Consultant agrees to perform meeting facilitation services, including providing retreat planning consultation with the County Administrator and facilitating the first two items on the February 5, 2021 Retreat Agenda as shown in Exhibit A attached hereto. 3. Time of Performance. This Agreement shall be in force upon receipt of fully executed Agreement,through February 28, 2021; provided that services provided within the scope of this Agreement before execution of this Agreement are hereby ratified. 4. Payment. The Consultant shall be paid by the County for services rendered under this Agreement as follows: a. Payment for the work provided by the Consultant shall be a flat fee of Two Hundred dollars ($200), upon successful completion of the Scope of Services, unless payment is modified by written amendment to the Agreement signed by the County and the Consultant. b. The Consultant may submit invoices to the County once per month. All expenses shall be submitted on County provided reimbursement form. c. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. d. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the County and State for a period of three (3)years after final payments. Copies shall be made available upon request. David Goldsmith — Retreat Facilitation Services Page 1 of 4 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the County. 6. Public Records. Records created by and received by Consultant in the performance under this Agreement are subject to applicable regulations under Washington State's Public Records Act (Chapter 42.17 RCW and County Resolution 39-06) and under Washington State's Records Retention laws (Chapter 40.14 RCW). 7. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant shall be entitled to any benefits accorded to County employees by virtue of the services provided under this Agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the State industrial insurance program, or otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 8. Indemnification.To the extent of its comparative liability, each party agrees to indemnify, defend and hold the other party, its elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials, employees, agents or volunteers. A party shall not be required to indemnify, defend, or hold the other party harmless if the claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any damage-to or destruction of any property (including the loss of use resulting therefrom) is caused by the sole act or omission of the other party. In the event of any concurrent act or omission of the parties, negligent or otherwise,these indemnity provisions shall be valid and enforceable only to the extent of each party's comparative liability. 9. Compliance with Laws. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, regulations, and County resolutions, applicable to the services to be rendered under this Agreement. David Goldsmith — Retreat Facilitation Services Page 2 of 4 10. Discrimination Prohibited. The Consultant will not discriminate against any person in performance of Consultant's services under this Agreement on the basis of age, sex, marital status, sexual orientation, religion, creed, race, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trailed dog guide or service animal by a person with a disability, unless based upon a bona fide occnnatinrial qualification. 11. Assignment and Subcontracting. The Consultant shall not subcontract or assign any of the services covered by this Agreement without the express written consent of the County. 12. Termination, a. This Agreement shall terminate at the end of the performance period described in Section 3 of this Agreement, untess extended by a written amendment to this Agreement executed by both parties. b. Either party may terminate this Agreement at any time and without cause by providing fourteen (14) days written notice to the affected party_ 13. Venue. Venue for any lawsuit or litigation arising from the terms, conditions and obligations contained in,this Professional Services Agreement shall only be in the County of Jefferson, Washington. 14. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated Agreement between the County and Consultant and supersedes all prior negotiations, representations, or Agreements written or oral. This Ag-nenient may be amended only by written instrument signed by both the County and Jtarit. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed this day of Fearnary, 2021. David Goldsmith ministrator Date David Goldsriltt , Consultant Date APPROVED AS T FO M: Philip Hunsucker Date Chief Civil Deputy Prosecuting Attorney David Goldsmith—Retreat Facilitation Services Page 3 of 4 Exhibit A AGENDA Jefferson C aunty Board of Commissioners °t. i Meeting-February L z S . Pon t' ., ` 1t, ,-1,4 its -ihtMSe :xtr{ ax[.,.441,` .ktu11.ldxz410,11C'4"=40111$afrr"FNTBXV,?:ra'Vt i 1.41 „ -:$4.'T4't4 CON -19 NOTICE: NO 6.- ATTENDANCE ALLAVICED ire Slarr loarrasta f imovvrflo:urp. s# '"rIsily Amp, 'E imInv cay I if v ts`rant t '1 41E 4. nalit 3, 't:r p3u cos art?so orpre r it h FRIDAY 3:34 am.. CALL TO ORDER I.. L - Patent,-Rap. Maley k 3 GoLfirit&.T .: sr I .x-. :x. i -- d- Ti rt Ex: .. Ceektent 4. MIS!tan fErmummoroakatikt bow WM Uwe Wei keg' IrNat Dkumsave a : . ,.. wroplamdimg fir Ettecam; _ -Witte Algot* 4 r .-. . aCartztark,3.4ekolispner:-Parry thaws ;. ,ir* :. , fir::05c41-Phikpz el.. Key 1.1.7eic Itatiattixt5,6.3r MT fit Cooney sitisetki foam.on Next -Tanks. rr- TIC!r :. 7.=-er tr. ir4, ? IA:.1: y crlxr =thc.latai 17rai Itgerz.z David Goldsmith - Retreat Facilitation Services Page 4 of 4 CONTRACT REVIEW FORM CONTRACT WITH: David Goldsmith TRACKING NO.: BOCC 2021-13 (Contractor/Consultant) CONTRACT FOR: Meeting Facilitation Services TERM: February 28, 2021 COUNTY DEPARTMENT: County Administrator RECEIVED For More Information Contact: Adiel McKnight Contact Phone #: Ext. 102 FEB 0 5 2021 RETURN TO: Adiel McKnight RETURN BY: J E F F E R S O N COUNTY (Person in Department) COMMISSIONERS AMOUNT: $200 PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process Revenue ❑ Cooperative Purchase Expenditure ❑ Competitive Sealed Bid Matching funds Required ❑ Small Works Roster Source(s) of Matching Funds ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other Step 1 : REVIEW B Rev'-w b, /� �/ 2-75-4/ Date Revie -.. �) Z. APPROVED FORM ❑ Returned for revision(See Comments) Comments Step 2: REVIEW BY OS NG ATTORNEY Review by: (', Philip C. Hunsucker Date Reviewed: Chief Civil Deputy Prosecuting Attorney APPROVED AS TO FORM eturned for revision(See Comments) Comments Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)