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Home My WebLink AboutJennifer Dyane Shiht CITY OF lf.��JA -UR V WASHINGTON RECEIVE? 'JUN 112014 CITY OF AUBURN AgreenrentforServices PLANNING & DEVELOPMENI This Agreement is made effective as of -TNht __3_, 2014, by and between JENNIFER DYANE SHII-I ( "SI-I11I ") and the CITY OF AUBURN ( "CITY "). The parties agree as follows. 1. DESCRIPTION OF SERVICES. SHIH agrees to provide the consulting services set forth in the Scope of Work attached hereto at Exhibit A, by this reference made a part hereof, for the purpose of On -Call Enviromncntal Assistance Consulting Services. 2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay SIIfI-I a maximum fee of $25,000.00 including expenses. Notwithstanding its rate and payment provisions contained in its proposal for services, SIIIII understands and agrees that payments must go through City Council authorization at a regularly scheduled Council meeting and as such, payment shall only occur after this authorization has been received. Under no circumstances shall the total fee paid by the CITY to SHIH under either payment option herein, inclusive of any and all authorized reimbursable expenses, exceed $25,000 00 3. EXPENSE REIMBURSEMENT. SHIN shall pay all "out- of-pocket" expenses, and shall not be entitled to reimbursement from the CITY except for specific services, items or activities listed in the Scope of Services as reimbursable goods or services. 4. TERM /TERMINATION. A. This Agreement is effective upon both parties' signatures, and expires at 11:59 p.m. oil WEDNESDAY, DECEMBER 31, 2014 or upon completion of SHIH's services, whichever is earlier, unless extended by mutual agreement prior to the completion of all services. B. Either party may terminate the Agreement by notifying the other party in writing within seven (7) days of the intent to terminate. If this Agreement is teriinated, CITY shall pay SI-1111 lUr all work performed as of the date of termination. 5. RELATIONSHIP OF PARTIES. SHII I is an independent contractor with respect to the City of Auburn, and not an employee of the CITY The CITY will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of SHIN. 6. EMPLOYEES. The provisions of this Agreement shall also bind SI-IIII employees who perform services for the CITY under this Agreement. 7. INDEMNIFICATION / HOLD HARMLESS. SHIN shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or onussions of SHIH in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City The CITY shall defend, indemmify and hold SHIN, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CITY in performance of this Agreement, except for injuries and damages caused by the sole negligence of SHIN. hi the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of SHIFI and the City, its officers, officials, employees, and volunteers, (collectively the "Parties') the Parties' liability hereunder shall be only to the extent of each Party's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties waiver of immunity under Industrial Insurance, Title 51 Page 1 of 2 AUBURN* MORE THAN YOU IMAGINED 'RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. ASSIGNMENT. SHTH's obligations under this Ab cement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the CITY 9. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: IF to SHII -I. Jennifer D Sbih, AICP 1560 NW Murray Road Portland, OR 97229 IF to the CITY Chris Andersen. CFM Environmental Services Manager Environmental Services Program Community Development R Public Works Department City of Auburn 25 W Main Street Aubum, WA 93001 Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 10. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 11. AMENDMENT This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 12. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to he valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 13. WAIVER OF CONTRAC'T'UAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance A,itli every provision of this Agreement. 14. APPLICABLE LAW This Agreement shall be governed by the laws of the State of Washington. Venue for any court action shall be in King County, Washington. The undersigned have read the above statements, understan Signed: Signed: Date: 6 Date: Address. 25 West Main Street Address Auburn, WA 98001 Phone: 253 -931 -3041 Phone: Page 2 of 2 3 them and agree to abide by their terms. - yU" zoly- 1560 NW Murray Road Portland, OR 97229 503 - 964 -5831 RECEIVED Jennife 1560 NW Murray Road jUN 0 3 21114 May 23, 2014 Chris Andersen, CFM Environmental Services Manager Environmental Services Program City of Auburn Community Development and Public Works Department 25 West Main Street Auburn, WA 98001 RE: Professional Services Scope of Work Dear Mr Andersen: I am responding to your request for the provision of a Scope of Work for professional On -Call Environmental Assistance Consulting Services for an initial limited term period of June 1, 2014 to December 31, 2014 with a maximum not to exceed amount of $25,000.00. Please find below a summary of the services I am available to provide. My current billable rate is $50.00 per hour Please find below my current schedule of expenses: Task 1. Grant Management Assistance Provision of grant management assistance services upon request including but not limited to agency coordination, other professional services coordination, communications with internal and external stakeholders, grant reporting and problem identification and resolution. Task 2, Grant Database Development Establishment of grant database system and procedures utilizing appropriate software to assist the Environmental Services Program in current and future grant management activities. Task 3 Public Education and Outreach Program Development Provision of technical and other resources to assist the Environmental Services Program in the establishment and enhancement of public education and outreach programs, materials and marketing collateral. Task 4 Other Services As Requested Upon request of the Environmental Services Manager, provide other services to support and implement the goals and objectives of the Environmental Services Program. Jennifer Dyane Shih 1560 NW Murray Road Portland, OR 97229 Please contact me at 503- 758 -5212 if you have any questions or information needs regarding this proposed Scope of Work. I look forward to working with you. Sincerely, H�7)� .4 Jennifer D Shih, AICP Exhibit "1" — Schedule of Expenses Office consumables Actual cost — not to exceed $50 per month without prior written City approval Document production Actual cost — not to exceed $50 per month without prior written City approval Mileage $.56 per mile Travel All travel requires prior written City approval for reimbursement Lodging Not to exceed $125 per day without prior written City approval