HomeMy WebLinkAboutFuture Visions - Karen Parker
CITY OF AUBURN AGREEMENT
FOR SERVICES
THJS AGREEMENT made and entered into on this j JJ: day of () f¡ V£0.t,ber ,
200~, by and between the City of Auburn, a municipal corporation of the ~'Washington,
hereinafter referred to as "City" and Future Visions and Karen Parker, its program coordinator,
hereinafter referred to as the "Provider."
WITNESSETH:
WHEREAS, the City would like to provide chemical dependency treatment in
conjunction with its court probation services, and is in need of services of individuals, employees
or firms to perform this service; and,
WHEREAS, the Provider is qualified and able to provide services in connection with the
City's needs for the above-described work, and is willing and agreeable to provide such services
upon the terms Imd conditions herein contained.
NOW, THEREFORE, the parties hereto agree as foHows:
I. SCODe of Services.
The Provider agrees to perform in a good and professional manner the tasks described on
Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks
described on Exhibit "A" shall be individually referred to as a "task," and collectively
referred to as the "services.") The Provider shall perform the services as an independent
contractor and shall not be deemed, by virtue of this Agreement and the performance
thereof, to have entered into any partnership, joint venture, employment or other
relationship with the City.
2. Additional Services.
From time to time hereafter, the parties hereto may agree to the perform,mce by the
Provider of additional services with respect to related work or projects. Any such
agreement(s) shall be set forth in writing and shall be executed by the respec:tive parties
prior to the Provider's performance of the services there under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
execution of an addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and shall have the same force and effect as if the terms
of such addendum were a part of this Agreement as originally executed. The
performance of services pursuant to an addendum shall be subject to the terms and
conditions of this Agreement except where the addendum provides to the c;ontrary, in
which case the terms and conditions of any such addendum shall control. [n all other
respects, any addendum shall supplement and be construed in accordance with the terms
and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than tho~
described on Exhibit "A" are desired by the City and the time period for the eomplet\on
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of such services makes the execution of addendum impractical prior to the
commencement of the Provider's performance of the requested services. The Provider
hereby agrees that it shall perform such services upon the oral request of an authorized
representative of the City pending execution of an addendum, at a rate of ,compensation
to be agreed to in connection therewith. The invoice procedure for any such additional
services shall be as described in Section 7 of this Agreement.
4. Provider's Reoresentations.
The Provider hereby represents and warrants that she/it has all necessary licenses and
certifications to perform the services provided for herein, and is qualified to pcrform such
servIceS.
5. City's ResDOnsibilities.
The City shall do the following in a timely manner so as not to delay the s(,rvices of the
Provider:
a. Designate in writing a person to act as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
b. Furnish the Provider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketchl's, and other
documents prepared by the Provider and render decisions rejpMding such
documents in a timely manner to prevent delay of the services.
6. Accevtable Standards.
The Provider shall be responsible to provide, in connection with the services
contemplated in this Agreement, work product and services of a quality and professional
standard acceptable to the City.
7. Comvensation.
As compensation for the Provider's perfonnance of the services provided for herein, the
City shall pay the Provider the fees and costs specified on Exhibit ~A" attached hereto
and made a part hereof (or as specified in an addendum). The Provider shall submit to
the City an invoice or statement of time spent on tasks included in the scope of work
provided herein, and the City shall process the invoice or statement in the next
billing/claim cycle following receipt of the invoice or statement, and shall remit payment
to the Provider thereafter in the normal course, subject to any conditions or provisions in
this Agreement or addendum.
8. Time for Performance and Term of Aereement.
The Provider shall perform the services provided for herein in accordance with the
direction and scheduling provided on Exhibit «A" attached hereto and incorporated
herein by this reference, unless otherwise agreed to in writing by the Partil' _The Term
of ~ Agreement shall commence on the date hereof or on the :il~ day of
t-µ V -f.11¡ b.-f.A- ,200!:L, and shall terminate upon completion of the
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performance of the scope of work provided herein, according to the schedule provided on
Exhibit "An attached hereto, unless otherwise agreed to in writing by the pwties.
9. Records Insoection and Audit.
All compensation payments shall be subject to the adjustments for any wnounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall he subject to
inspection and audit by the City for a period of up to three (3) years fi'om the final
payment for work performed under this Agreement.
10. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider
shall continue to make a good faith effort to cooperate and continue work toward
successfuJ completion of assigned duties and responsibilities.
11. Administration of Al!teement.
This Agreement shall be administered by Karen Parker, Program Coordinator, on behalf
of the Provider, and by the Mayor of the City, or designee, on behalf of th,e City. Any
written notices required by the terms of this Agreement shall be served on or mailed to
the following addresses;
City of Auburn
Auburn City Hall
25 West Main
Auburn, WA 98001-4998
(253) 931-3000 FAX (253) 931-3053
Provider
Future Visions - Auburn
620 "M" Street NE, Suit!: 2
Auburn, Washington 98002
12. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set f,Drth in this
section of the Agreement.
13. Insurance.
The Provider shall be responsible for maintaining, during the term of this Agr,.ement and
at i Is sole cost and expense, the types of insurance coverages and in the amounts
described below. The Provider shall furnish evidence, satisfactory to the City, of all such
policies. During the term hereof, the Provider shall take out and maintain in full force
and effect the following inswance policies;
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a. Comprehensive public liability insurance, insuring the City and the Pmvider against
loss or liability for damages for personal injury, death or property damage arising out
of or in connection with the performance by the Provider of its obligations hereunder,
with minimum liability limits of $1,000,000.00 combined single limit for personal
injury, death or property damage in anyone occurrence.
b. Such worlaoen's compensation and other similar insurance as may Ix: required by
law.
c. Professional liability insurance with minimum liability limits of $1 ,000,000.
14. Indemnification.
The Provider shall indemnity and hold harmless the City and its officers, agents and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arisÍJ~g out of the
negligent act or omission of the Provider, its officers, agents, employees, or any of them
relating to or arising out of the performance of this Agreement. If a final judgment is
rendered against the City, its officers, agents, employees and/or any of them, or jointly
against the City and the Provider and their respective officers, agents and employees, or
any of them, the Provider shall satisfY the same to the extent that such judgment was due
to the Provider's negligent acts or omissions.
15. Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto. No assignment or
transfer of any interest under this Agreement shall be deemed to release the assignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
16. Amendment. Modification or Waiver.
No amendment, modification or waiver of any condition, provision or tlorrn of this
Agreement shall be valid or of any effect lUlless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under Imd pursuant
to this Agreement.
I 7. T errnination and SUSDeosion.
Either party may terminate this Agreement upon written notice to the other ¡party if the
other party fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement
The City may terminate this Agreement upon written notice to the Provider pursuant to
Exhibit "A" attached hereto if the services provided for herein are no longer nc~ed from
the Provider.
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If this Agreement is terminated through no fault of the Provider, the Provider shaU be
compensated for services performed prior to termination in accordance wjlth the rate of
compensation provided in Exhibit "A" hereof
18. Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
19. Costs to Prevailin¡¡ party.
In the event of such litigation or other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing parties shall be entitled to rcceive its
reasonable costs and attorney's fees.
20. Aoolicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and v"nue for any
action hereunder shall be in of the county in Washington State in which the: property or
project is located, and if not site specific, then in King County, Washington; provided,
however, that it is agreed and understood that any applicable statute of limitation shall
commence no later than the substantial completion by the Provider of the services.
21. Cantions. Headin¡¡s and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph OJ' sections to
which they apply. As used herein, where appropriate, the singular shall include !be plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affecb~ by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
22. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
iUegal or invalid for any reason whatsoever, such illegality or invalidity shan not affect
the validity of the remainder of this Agreement.
23. Entire A!!feeI11ent.
This Agreement contains the entire understanding of the parties hereto in re!lpect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
24. Counteroarts.
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This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have
been signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITYv~~~f?
PROVIDER
:J
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Peter B. Lewis, Mayor
Attest:
Jl4£¡éDAA~
Dan' lie E. Daskam City Clerk
Name:
Title:
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Corporate ?
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ON TIllS day of .200_, before me, personally
~ ~ ,to
me known to be the and
of the Contractor, the party(ies} who executed - the corporation/company that executed the within and
foregoing instrument, and acknowledged said instrument to be his/her/their the free and voluntary act ~
deed of said corporation/company, for the uses and purposes therein mentioned, and on O<lth stated that
they were OIJihorized to execute sWd instrument.
GIVEN under my hand and official seal this
day of
~ 20o_.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
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FUTURE VISIONS
PROVIDER CONTRACT WITH
CITY OF AUBURN
GROUP SCHEDULE
11 WEEKS - 3 TIMES PER WEEK - 1.5 HOUR SESSIONS
2 ONE TO ONE SESSIONS WITHIN THE 11 WEEK PERIOD
GROUP SCHEDULES:
DAYTIME: 10:30 am -12:00 am MONDAY, WEDNESDAY, THURSDAY
EVENING: 6:00pm-l: 30pm TUESDAY, WEDNESDAY, THURSDAY
Tota[ group count for bilUng purposes will combine day and night groups for the
same day of the week (Monday day and Tues evening w~1 count as one grolll)
GROUPS UP TO 15 PEOPLE: $ 1750.00 PER MONTH
Should group size fall to 4 or below attendees for a two week period in any OI1,e
month. the charges will be adjusted to a minimum of $850J)( per month.
BIlliNG WIll- ø DQNE ON A IIOtrntL Y ~A9IS AS S~:
Single page invoice wìIh the S .1750.00 amount biIed to the City for that month
along with average group attendance for the monih Group dates wiD also be
combined (day and eve) and actual counts given for each combined group.
Example:
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October 2004: 12 groups; average group alllllndanœ 12.16.
Group Dates: 1014&5: 13 1016: 14 10n: 12
10111&12: 11 10113: 10 10111: 15
10118 &19: 12 10/20: 12 10/21: 12
10/25&26: 10 10/27: 13 10128: 12
In addition. an initial s1art letter wiI be provided once the atlendee is involved ,in
\he group. Monthly progress reports will be issued for each atIEI..dt:e by the 51t· of
each month for the prior month indicating actuBl groups attended or missed arid
overall progress to dale. Upon completion of the program a disc:halge /etter, with
recommendations induded, wi! be provided to the probation department.
This agreement shaI continue in effect up to DeœI..... of 2005. This agl9M)BfIt
may be tefminated by either party with or wíIhout cause with a sixty, (60). day
pñor written notice to the other party.
Kalen Paltcer
Brenda Heineman
Program Coordinator
Human Resources Director
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FUTURE VISIONS EHTERPRISES. LLC
P.O. BOX 1737
AUBURN WA ..071
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Personal Printer/FaxlCopierlScanner
Fax History Report for
Nov 03 2004 6:48pm
Last Fax
~ ~ ~
Nov 3 6:43pm Sent
Identification
Duration ~ ~
5:30 13 OK
8045011
Result:
OK - black and white fax
OK color - color fax
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