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 ¿, . ~