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HomeMy WebLinkAboutLeslie K Lehnhoff A~,II, 2- CITY OF AUBURN AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on this 2. hð day of June:, 2005, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Leslie K. Lehnhoff, hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the City in conjunction with the activities of the Domestic Violence Advocate and Prosecutors Office often has the need to use the services of a bilingual, Russian speaking interpreter to provide assistance to the City Attorney's office in working with Russian speaking victims who have been involved in a police-reported domestic violence incident within the City of Auburn, and is in need of services of individuals, employees or firms to perform this service; and WHEREAS, the City has access to fund from Community Development Block Grant to apply to this use; 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 and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: I. Scope 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, employm(:nt or other relationship with the City. Page I of7 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance 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 respective 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 contrary, in which case the terms and conditions of any such addendum shall controL In 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 those described on Exhibit "A" are desired by the City and the time period for the completion 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 Representations. 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 perform such services. 5. Citv's Responsibilities. 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, sehedules and standards for the project and the services provided for herein. 6. Acceptable 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. Pagc 2 of7 7. Compensation. As compensation for the Provider's performance 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 Agreement. 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 parti(:s. The Term of this Agreement shall commence on the date hereof and shall terminate upon notice of such termination by either party. 9. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts 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 be subject to inspection and audit by the City for a period of up to three (3) years from 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 successful completion of assigned duties and responsibilities. II. Administration of Agreement. This Agreement shall be administered by Shelly David, City of Auburn Domestic Violence Advocate, on behalf of the Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: Citv of Auburn Auburn City Hall 25 West Main Auburn, WA 98001-4998 (253) 931-3000 FAX (253) 931-3053 Provider Leslie K. Lehnhoff 4903 Qunicy A venue SE Auburn, Washington 98092 (253) 333-9235 (H) (253) 334-1197 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 certifi¡,d mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the Page 3 of7 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 se:t forth in this section of the Agreement. 13. Insurance. During the term hereof, the Provider shall take out and maintain in full force and effect such workmen's compensation and other similar insurance as may be required by law. 14. Indemnification. The Provider shall indemnify 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 arising out of the negligent act or omission of the Provider, its officcrs, agcnts, cmployees, 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 thcm, 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 sW3h 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 term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized repres¡mtative(s) and specifying with particularity the nature and extent of such amcndment, 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 and pursuant to this Agreement. 17. Termination and Suspension. Either party may tcrminate 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. Page 4 of7 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 longt:r needed from the Provider. If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with 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 Prevailing Partv. 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 receive its reasonable costs and attorney's fees. 20. Applicable 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 venue 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 s¡,rvices. 21. Captions, Headings 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 or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affe:cted 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 illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 23. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. Page 5 of7 24. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the samc 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. mY~~ ,-_.~ " . . - -----~ Peter B. wis, Mayor PROVIDER N~K~~Y~ Title: N/ A Attest: ~ .(\ /1 !J£2¡tiJ()'4~ . lie E. Daskam City Clerk N/A Name: Title; Page 6 of7 EXHIBIT "A" DESCRIPTION OF TASKS TO BE PERFORMED: The Interpreter will translate into Russian the initial contact letter from the Citv to the victim which encourages the victim to contact available resources, gives the victim information about the criminal charges pending, and explains some of the options available to the victim in regard to Protection Orders, the legal process, etc. The Interpreter will assist the Citv in creating a voicemail message in the Russian language, which will include, but is not limited to, information about contacting other resources including the legal advocate. The Interpreter will provide other Russian language interpretation services as needed including but not limited to assisting the domestic violence advocate and prosecutors in the verification of the victim's willingness to assist or not assist in prosecution, review of anv victim's statements given to police and/or basic facts of the scenario if no statement has been given, keeping the victim informed of court dates to the extent possible and, obtaining current contact information if the victim is willing to disclose that information. DESCRIPTION OF FEES AND COSTS FOR TASKS: Provider will be compensated at the rate of thirtv-five dollars ($35.00) per hour for services rendered pursuant to this agreement. Services shall be billed in fifteen (15) minute increments. Invoices submitted as required in Paragraph 7 of the Agreement shall include the billing period, total billing, and itemization of services performed (including case name and case number). and the dates the services were performed. DIRECTIONS FOR SCHEDULING AND PERFORMANCE: Scheduling and performance shall be at the direction of the Domestic Viol¡mce Advocate on an as needed basis. Page 70f7 Legal Department City Clerk / THE ATTACHED DOCUMENT IS FOR YOUR INFORMATION. THE DOCUMENT WAS PROCESSED AS FOLLOWS: ~' t¡' SCANNED & AVAILABLE ON WEBLlNK COPIED TO _ cLd( /Jd-tU.L-: ::&!~L h-'~/7-d-ðt ~ IJ ßI;I-: I .-f) I . t/yLt ?yf.{jktÆJ~'/ ~ ~J ~ FILED IN CITY CLERK DOCUMENT FILE NO. 11.3 I ¿, . ~