HomeMy WebLinkAboutAgreement for Services with Danielle Daskam (N ,tOtt I
SCANNED
CITY OF AUBURN AGREEMENT
FOR SERVICES
THIS AGREEMENT is entered into on the date last signed below between the City of
Auburn, a municipal corporation of the State of Washington("City") and Danielle Daskam
("Consultant.")
RECITALS:
1. The City is required to complete the City's Council Meeting minutes in a timely manner
so that Council, staff, and the community are provided a brief synopsis of items that have
been brought before Council for discussion and consideration.
2. The City wishes to retain the Consultant to prepare minutes from past meetings.
AGREEMENT:
In consideration for the promises contained in this Agreement, the parties agree as
follows:
1. Scope of Services.
The Consultant agrees to perform in a good and professional manner the tasks described
on Exhibit"A."The Consultant will perform the services as an independent contractor and
will not be deemed, by virtue of this Agreement to have entered into any partnership,
joint venture, employment or other relationship with the City.
2. Additional Services.
The parties may agree to have Consultant perform additional services with respect to
related work or projects. Any such agreement(s) will be set forth in writing and signed by
the respective parties before to the Consultant's begins the additional services (except as
may be provided to the contrary in Section 3 of this Agreement).
3. Performance of Additional Services Prior to Execution of an Addendum.
The Consultant agrees to perform additional services on the verbal request of an
authorized representative of the City pending execution of an addendum, at an agreed-
on rate of compensation.
4. Consultant's Representations.
The Consultant represents and warrants that it has all necessary licenses and
certifications to perform the services provided for in this Agreement, and is qualified to
perform those services.
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5. City's Responsibilities.
The City will:
a. Designate in writing a person to act as the City's representative with respect to
the services. The City's designee will 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 Consultant with all information, criteria, objectives, schedules and
standards for the project.
c. Examine and evaluate all studies, reports, memoranda, plans, and other
documents prepared by the Consultant and render decisions regarding these
documents in a timely manner to prevent delay of the services.
6. Acceptable Standards.
The Consultant will 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. Compensation.
As compensation for the Consultant's performance of the services the City will pay the
Consultant the fees and costs specified on Exhibit "B" up to a total contract amount of
One Thousand Six Hundred Sixty-two and 00/100 dollars ($1,662.00). Costs are not to
exceed this amount without further written permission from the City.
8. Time for Performance and Term of Agreement.
The Term of this Agreement will commence on October 8, 2018. The work will be
completed on or before January 31, 2019.
9. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the Consultant as part of his performance of this Agreement (the "Work Products") will
be owned by and become the property of the City, and may be used by the City for any
purpose beneficial to the City.
10. Records Inspection and Audit.
All compensation payments will 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 will 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.
11. Continuation of Performance.
If any dispute or conflict arises between the parties while this Contract is in effect, the
Consultant agrees to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
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12. Administration of Agreement.
This Agreement will be administered by Danielle Daskam, on behalf of the Consultant,
and by the Mayor of the City, or designee, on behalf of the City. Any written notices
required by the terms of this Agreement will be served on or mailed to the following
addresses:
City of Auburn Consultant
Auburn City Hall Danielle Daskam
25 West Main 408 Warwick Street
Auburn, WA 98001-4998 Enumclaw, WA 98022
(253) 931-3000 FAX (253) 931-3053
13. Notices.
All notices or communications permitted or required to be given under this Agreement
will be in writing and will 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 writing.
Any party may change their address by giving notice in writing.
14. Indemnification.
The Consultant will indemnify, defend and hold the City and its officers, agents and
employees, or any of them harmless from any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, including attorney fees, by any
reason of or arising out of the act or omission of the Consultant, its officers, agents,
employees, or any of them relating to or arising out of the performance of this Agreement
except for injuries and damages caused by the sole negligence of the City. 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 Consultant and their respective officers, agents and
employees, or any of them, the Consultant will satisfy the same to the extent that such
judgment was due to the Consultant's negligent acts or omissions.
15. Assignment.
Neither party to this Agreement will assign any right or obligation under the Agreement
in whole or in part, without the prior written consent of the other party. No assignment
or transfer of any interest under this Agreement will 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 term of this
Agreement will 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 representative(s) and
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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 will not affect or impair
any right arising from any subsequent default.
Nothing in this section will limit the remedies or rights of the parties.
17. Termination and Suspension.
Either party may terminate this Agreement on 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 on not less than seven (7) days written notice to
the Consultant if the services are no longer needed from the Consultant.
If this Agreement is terminated through no fault of the Consultant,the Consultant will be
compensated for services performed prior to termination.
18. Parties in Interest.
This Agreement will be binding on, and the benefits and obligations provided for will inure
to and bind,the parties and their respective successors and assigns. This Agreement is for
the exclusive benefit of the parties 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 Party.
If there is litigation or other legal action to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing party will be entitled to receive its
reasonable costs and attorney's fees.
20. Applicable Law.
This Agreement and the rights of the parties will be governed by the interpreted in
accordance with the laws of the State of Washington and venue for any action will be in
of the county in Washington State property or project is located,and if not site specific,then
in King County, Washington. Any applicable statute of limitation will commence no later
than the substantial completion by the Consultant of the services.
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 will 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. Interpretation or construction of this Agreement will not be affected by
any determination as to who is the drafter of this Agreement,this Agreement having been
drafted by mutual agreement of the parties.
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22. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision is illegal or
invalid for any reason whatsoever, that illegality or invalidity will not affect the validity of
the remainder of this Agreement.
23. Entire Agreement.
This Agreement contains the entire understanding of the parties in respect to the and
supersedes all prior agreements and understandings between the parties with respect to
this Agreement.
24. Counterparts.
This Agreement may be executed in multiple counterparts, each of which will be one and
the same Agreement and will become effective when one or more counterparts have
been signed by each of the parties and delivered to the other party.
CITY OF A 'N CONSULTANT
gat -ZoL —Y
Steve Gross Dan Ile Daskam
City Attorney
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EXHIBIT"A"
CONSULTANT TASKS AND SERVICES
The consultant will provide action minutes for 20 Study Session meetings.
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EXHIBIT "B"
COSTS
Total compensation for the scope of work is not to exceed $1,662.00 without further written
permission from the City.
The City will pay the Consultant on a monthly basis, from October 2018 through the end of the
contract, in January 2019, at a rate of four hundred fifteen and 50/100 dollars($415.50) a month.
If at any point either the Consultant or City decide to terminate the agreement, then the
Consultant will be paid through the month in which they performed any services.
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