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AGREEMENT BETWEEN THE CITY OF ALBANY AND Catherine Durand FOR THE PROVISION OF CONSULTANT SERVICES AGREEMENT made the QY% day of June. 2015 . by and between the City of Albany, New York, (hereinafter referred to as the CITY") a New York municipal corporation with its principal place of business located at 24 Eagle Street, Albany, New York, 12207, and Catherine Durand (hereinafter referred to as “Consultant”) with an address located at 74 Mosher Rd., Delmar, New York 12054. WITNESSETH WHEREAS, the CITY has awarded Consultant the contract to provide the consultant services referenced herein, NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY COVENANT AND AGREE AS FOLLOWS: Consultant will report directly to the Mayor of the City of Albany and will provide the seope of services as outlined in Appendix A, which may be amended from time to time during the term of this Agreement upon mutual consent of Consultant and the City. ARTICLE Il, TERM OF THE AGREEMENT This Agreement shall commence on July 1" and shall terminate on September 30" 2015. This agreement may be extended by the City on a month to month basis for up to an additional 3 ‘months. The City will, however, have the right to terminate this Agreement at any time, with or ‘without cause, upon thirty (30) days written notice, ARTICLE Ill, FEES In consideration of the terms and obligations of this AGREEMENT, the CITY agrees to pay, and Consultant agrees to accept five thousand dollars ($5,000.00) per month for the term of this agreement, Consultant shall submit to the CITY itemized bills, properly executed claim forms, vouchers, and such other necessary information or supporting documentation as may be required by the CITY in order to process payment for fees. Consultant agrees that no additional fees will be charged to the City of Albany without prior written consent by the CITY. ARTICLE lV, RELATIONSHIP Consultant is, and will function as, an independent contractor under the terms of this AGREEMENT and shall not be considered an agent or employee of the CITY for any purposes. ARTICLE V.___ LICENSURE & CERTIFICATION Consultant shall at all times obtain and maintain any and all licenses and certifications required by the State of New York to perform the services contemplated by this AGREEMENT. ARTICLE VI ASSIGNMENTS Consultant is, as per Section 109 of the New York General Municipal Law, prohibited from assigning, transferring. conveying. subcontracting or otherwise disposing of this AGREEMENT, or of its right, title, or interest therein without the previous consent in writing of the CITY. ARTICLE VIL__INDEMNIFICATION Consultant agrees to defend, indemnify, and save harmless the CITY and its officers, employees and agents, from and against all claims, actions. causes of action. injuries, damages, losses. liabilities, and expenses (including, without limitation, reasonable attorney's fees and court costs) arising out of, or in consequence of, any negligent or intentional act or omission of Consultant. ‘The provisions of this Article shall survive any termination or expiration of this AGREEMENT. ARTICLE VIII. TERMINATION OF AGREEMENT Notwithstanding any provisions of this Agreement, the City shall have the right at any time, with or without cause, to terminate this Agreement and the services contemplated by this ‘Agteement on thirty (30) days written notice of such termination. In the event of such termination of this Agreement, the contract term set forth in Article II shall be changed accordingly and Consultant shall be entitled to compensation (pro-rated) for all. services theretofore authorized and performed pursuant to this Agreement in accordance with Article IIT of this Agreement, ARTICLE IX. MODIFICATIONS ‘This AGREEMENT may only be modified by a formal written amendment executed by the CITY and Consultant. ARTICLE X._ PARTIAL INVALIDITY If any term, part, provision, section, subdivision, or paragraph of this AGREEMENT shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions, or paragraphs thereof. ARTICLE XI, NOTICES All notices required under this AGREEMENT shall be in writing and either hand- delivered or properly mailed by certified mail, retum receipt requested, to the addresses set forth below: City of Albany Corporation Counsel’s Office 24 Eagle Street, Room 106 Albany, New York 12207 ARTICLE XII. GOVERNING LAW ‘This AGREEMENT shall be governed by and construed according to the law of the State of New York. IN WITNESS WHEREOF, the parties hereto hereby execute this AGREEMENT and make it effective as of the day and year first written above. THE CITY OF ALBANY CONSULTANT bats LY «Abe 2 Mayor Catherine Durand NOTARY ACKNOWLEDGEMENT STATE OF NEW YORK) COUNTY OF ALBANY _)SS. CITY OF ALBANY ) On this_26%day of Jae .20Sbefore me personally came Katherine M. Shechan, to me known and known to me to be the Mayor of the City of Albany, New York and the same person Who executed the foregoing instrument; and he acknowledged that she executed the foregoing instrument on behalf of the City of Albany, New York as said Mayor pursuant to the authority vested in him. Notary Public Notary Public, State of New York ‘No. 02G06277981 ‘Qualified in Albany County ‘Commission Expires March 18, 2017 STATE OF NEW YORK) Jss. COUNT Y OF 0 On the 67 day of Jone. 20! betore me, the undersigned, personally appeared Catherine ancl , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. APPENDIX A SCOPE OF SERVICES Consultant is being retained to provide the following: (a) Create a model for and work with the City’s Budget Office to complete a three year budget forecast. Consultant will train Budget Office and departmental staff on forecasting methodology and procedures necessary to update and maintain the budget forecast on a rolling three year basis. The City will provide full access to Budget Office and departmental staff, expenditure and revenue data and other related materials to aid Consultant in her work. (b) Review and assess the work of the City’s Workers Compensation consultants regarding (©) the City’s Workers Compensation costs. plans, procedures and experience. The Consultant will identify any gaps or incomplete analysis in the Workers Compensation consultants’ work products and work with said consultants to create a plan for reducing Workers Compensation expense including recommendations regarding the City’s internal and extemal Workers Compensation resources, The City will provide full access to its Workers Compensation consultants, reports, claims and other related materials to aid Consultant in her work. Review and assess the work of the City’s Health Insurance consultants regarding the City’s Health Insurance costs, plans and experience. The Consultant will identify any gaps or incomplete analysis in the Health Insurance consultants’ work products and work with said consultants to make recommendations for reducing health insurance expense. The City will provide full access to its Health Insurance consultants, reports, claims and other related materials to aid Consultant in her work. (d) Provide an overall assessment of the Budget Office and departmental budget resources, including recommendations for best practices. organizational structure and other needs. In addition the Consultant will be available to review and provide feedback onto the effectiveness of the implementation of the City’s new ERP system.