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HomeMy WebLinkAboutAgenda Modification ~k crr~roF * Interoffice'IVlernorandum Engineering Division WASHINGTON To: Public Works Committee From: Dennis Dowdy, Public Works Director CC:. Mayor City Clerlc Councilmembers ~ Dennis $elle Assistant Director/City Engineer fngrid Gaub, Assistant City Engineer Date; Decembec 6, 2010 Re: Agenda Modification fortFie December 6, 2010 Public Works Committee Meeting This modification transmits the changes to the following agenda item: IV. DISCUSSION AND INFORMATION - D. RESOLUTION NO. 4662 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRAGT WITH WASHINGTON ADVOCATES LLC FOR CONSULTING SERVICES" (Coleman) E. 2011 LEGISLATIVE AGENDA* Page:1 of 1 ~TT t1UBURN * MORE THAN YOU 1MAGINED. ~ cInr oF • AGENDA BILL APPROVAL FORM ~ WASHINGTON Agenda Subject: Date:. Resolution Na 4662 December 1 2010 Department Attachments: Budget Impact: Fnance . Resolution No. 4662 & Exhibit A Adminfstrative Recommendationc • City Council to adopt Resolution No. 4662. Background Summary: Resolution No. 4662 authorizes the Mayor and City CIer1c to execute an agreement for services with WashingtonZ Advocates, LLC for consulting services on various municipal functions, tasks, and projects. N1220-4 A3.16.3 . Revlewed by Council 8 Committeesc Revlewed by Departrnents 8 Divisio~: ❑ Arts Commission COUNCIL COMMITTEES: 0 Bu'ilding . ❑ M&0 ❑ Airport 0 Finance ❑ Cemetery 0 Mayor p Hearing Examiner ❑ Muniapal Sery. 0 Finance ❑ Parks ❑ N u m a n S e rvi c e s p P{ annin g & CD p Flre p Planning ❑ Park Board ❑Public Works O Legal p Police icWorks ❑ Ptanning Comm, ❑Other---.-.- 0 nfolrtnati n Servloes ~ Human Resources , Actlon: Committea ApProvaL• OYes ONo Counpl Approval: [3Ye9 ❑NO Ca0 for Public Hearing Referred to UnGI 7ebled Until Councllmember. Backus Staff: Coleman Meetino Date: _December 20, 2010 Item Number. ( AUBUkN* MORE THAN YOU-IMAGINED RESOLUTION NO. 46 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE . MAYOR AND . , CITY CLERK TO EXECUTE A CONTRACT WITH WASHINGTONz - ADVOCATES, LLC, FOR CONSULTING SERVICES WHEREAS, the City is engaged in or readying itself to be engaged in various municipal functions, tasks and projects; and WHEREAS, it is in the City's best interests to have available the services of qualifed consultants who will be able to assist the City on projects related to federal appropriations; and WHEREAS, the City desires to retain WASHINGTONZ ADVOCATES, LLC % to provide such senrices; and, ' WHEREAS, WASHINGTON2 ADVOCATE$, LLC is qualffied and able to provide such consulting services in connection with the City's needs, and is willing and agreeable to provide such services upon the terms and conditions herein contained. . . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 1 WASHINGTON,. HEREBY RESOLVES as follows: Section 1. That the Mayor and the City Clerk are authorized to execute an agreement in substantial conformiiy with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to imp{ement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4662 December 1, 2010 , Page 1 of 2 i Sect_ ion 3. That this Resolution shaU take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2010. CITY OF AUBURN . PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk ATTEST AS TO fORM:. ~ R .e . Heid City Attomey . , Resolution No. 4662 December 1, 2010 Page 2 of 2 Exhibit A Resolution No. 4662 Ct'TY OF AUBURIV AGREEOVIENT FOR PROFESSIONAUCONSULTING SERVICES THIS AGREEMENT made and entered into on this day of , 2010, by and befinreen the City of Aubum, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Washington2 Advocates, LLC, hereinafter referred to as fhe "Consultant." WITNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in various municipal functions, tasks and projects; and, WHEREAS, it is in the City's best interests to have available the services of qualified consultarrts who will be able to assist the City on projects related to federal appropriations; and, WHEREAS, the City desires to retain the Consultant to provide such services; and, WHEREAS, the Consultant is qualfied and able to provide such consulting services in connection with the City's needs, and is willing and agreeable to provide such serVices upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scoae of Services. - The Consultant agrees to perform in a good and professional manner. tasks related to projects involving the City of Aubum also involving federal funding, including: a. Engaging in communication with appropriate representatives of various agencies and entfies who would be involved in such projects, and b. Advising and consulYtng with the City regarding approaches and strategies on how fo promote-projects advantageous to the City, and a Engaging in such other related tasks as are assigned by the City. 2. Indeaendent Contractor. The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of:this Agreement and the perfoRnance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. - Page 1 of 7 , 3. Performance of Additiona! Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described-in Section 1 above are desired by the Cfty and the time period for the completion of such services makes the execution of . addendum impractical pcior to flie commencement of the Consultant's performance of the requesfed services. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized . representative of the Cfty pending execution of an addendum, at a rate df compensation fo be agreed to in connection therewfth. TFie invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant's Representations. The Consultant hereby represents and warrants that he has all necessary licenses and certifications to perform the senrices provided for herein, and is qualfied to perform such seroices. , 5. Citv's Responsibilities. , The City shall d"o the following in a timely manner so as not to delay tlie services of the Consultant: a. Designate in writing a person to act as the City's representative with respect #o the services. In advance of any such designation, the - Mayor of the Ciiy of Aubum shall serve in such designated capacity. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define fhe City's policies and decisions with respect to the services. b. Examine and evaluate any and all studies, reports, memoranda, plans; and other, documents prepared by the Consultant in furtherance of the scope of services hereof, and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceatable Standards. The Consultanf 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. Comqensation. - As compensation for the Consultant's perFormance of the servioes provided for herein, the Cfty shall pay the Consultarrt a monthly fee of Fifteen Thousand Dollars ($15,000) during the term hereof. The City shall atso pay the Consultanf's reasonable travel expenses incurred in - connection with work. done in furtherance of the scope of senrices hereof. The Consuftant shall submit to the City a monthly invoice or billing staternent, and the City shall process the invoice or statement in the next ' Page 2 of 7 billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course. 8. Term of Agreement. The Term of this Agreement shall commence on the date hereof or on the 1st day of January, 2010, and shall terminate .on the 31st day of . December, 2010, unless otherwise agreed to in writing by the parties. 9. Ownership and Use. of Documents. All documents, reports, memoranda, and any other materials 'created or othervvise prepared by the Consultarrt as part of his performance'of this Agreement (the "Work Products") shall 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 Insaection 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 perfoRned 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 worlc perFormed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful comptetion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreemerrt shall be administered by Nina Collier, 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 shall be served on or mailed to the following addresses: City of.Aubum Consultant Aubum City Hall Washington2 Advocates, LLC 25 West Main Street P. O. Box 1462 Aubum, WA 98001-4998 Bellevue, W A 98009 (253) 931-3000, (425) 467-6900, Fax (253) 288-3132 Fax (425) 467-1037 , nina.collier@Washington2advocates.com Page 3 of 7 ~ - 13. Notices. ` All notices or communications permittetl or required to be given underthis 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 certfied mail, retum 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 oc its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 14. Insurance. ' The Consultant shall be responsible for maintaining, during the term of this Agreement and. at its sole cost and. expense, the types of insurance coverages and in the amounts described below. The Consultanf shall furnish evidence, satisfactory to the City, of aU such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the folbwing insurance policies: a. Comprehensive public liability insurance, including automobile and ' property-damage, insuring the City and the Consultant against toss . or liability, .for damages for personal injury, death or property damage arising out of or in connection with the performance by the - Consultant of its obligations hereunder, with minimum liability limits of $1,000,006A0 combined single limit for personal injury, death or property damage in anyone occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. , c. Professional liability insurance with minimum liability limits of $1,000,000. 15. Indemnification. The Consultant 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 Consultant; 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 ofricers, agents, employees and/or any of them, or jointty against-the, City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's neg{igent acts or omissions. Page 4 of 7 16. Assiqnment. Neither party to this Agreement shalt 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 shalf be deemed to release the assignor from any liabii'ity or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment. Modification or Waiver. No amendmenfi, 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 representative(s) and speciiying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any defauft 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 Agreemerrt. 18. Termination and Susaension. Either party may terminate this Agreement upon written notice to the other party if the other party faits substantially to pertorm in accordance with the terms of this Agreement fhrough no fautt of the party terminating the Agreement. The City may terminate this Agreemerrt upon not less than seven (7) days written notice to the Consultant if the senrices provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault ofi the Consuftant, the Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensabon provided herein. 19. Parties in Interest. This Agreement shall be binding upon, and the benefts and obligations provided for herein shall inure to and bind, fhe parties hereto and their respective successors and assigns, proyided that this section shall not be deemed to permit any transfer or assignment othenivise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties herefo 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. ~ Page 5 bf 7 20, Costs to PrevailingPartv. In the event of such litigation or othec legal action, to enforce any rights, responsibilfies or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attomey's fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be.govemed 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 projecf is located, and if not site specffic, 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 Consultant of the services. 22. Captions Headings and Titles. - All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of referenoe '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 affected by any determina#ion as to who is the drafter of this Agreemerrt, this Agreement having been drafted by mutual agreement of the parties. 23. Severable Provisions. Each provision of this Agreement is intended to be severable. lf any provision hereof is illegal or invalid . for any reason whafsoever, such illegalify or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Aqreement. This Agreement contains the entre understanding of the parties hereto in respect to the transactions conternplated hereby and supersedes all prior agreements and understandings befinreen the parties with respect to such subjecfi matter. 25. Counteraarts. This Agreement may be executed in multiple counterparts, each of which shaU be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the pafies and del'Nered to the other party. Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN WASIiINGTONs ADVOCATES, LLC By: Peter B. Lewis, Mayor By: Nina Collier, Partner Attest: Danielle E: Daskam Ciiy Clerk Approved as to form: Dan' . , meY - , Page 7 of 7 . CIIY DF A~BURW WASHiNGTON EGIS I~TP~E A~ EN DA City of Auburn . 25 West Main Street Street Maintenance Utility Auburn, WA 98001 253-931-3000 This voter-approved legislation wouid create the ability for Iocal gavernments www.aubumwa.yov to proportionately charge customers based on the use of the utility. Sustainable MayorPeterB.Lewis transportation revenue is a high priority for the city therefore we will be 253-931-3041 supporting this AWC option. plewis@aubttrnwa.gov Auburn CityCouncil pmtrak Stop Sue Singer, Deputy Mayor Nancy Backus The City of Auburn would like to have a daily stop of the Cascades line. Vrginia Haugen Ly"" "°r"a" Levee Repairs/Certification John ParMdge ' BiII Peloza This C'rry of Auburn along with iYs neighboring cities along the Green River RichWayner. . have proposed a capitof budget request for $34 million per biennuium for `.Government.Relaeions the next ten years to assist with repairing and certifying the. levees along the nager. ; . ; . Green River. farolyn Robertson, ` .:Office:.253-931-3046, ; : Public Works Trust Fund crobertson@aubumwa,gov.. . Auburn is supportive of the great work this board does in assisting local overnments with I'ow-cost loans to build much needed infrastructure in our 9 _ communities. The CitY is currentlY listed at ProJ'ect number 10 on the 2011 osed ro1 list to be voted on bY the le9islature this session. 'ect ro P P P ' Teen Center/Gymnasium Les Gove Park Campus The City of Auburn is requesting support for the $316,000 project ranked ;Au¢~rnSiahali::~:::;ii;;i:: t:i: ::i:;::"::i; number two on the project list recommened in the Building and Communities Fund managed by the Department of Commerce. ~ : TqU MlAYOR LEY't5 F° Red light Photo Enforcement ~lN D~R~iNTO~~AN AU61~RpE ; Accidents are down and no fatalities have occurred in the intersections enforced by photo enforcement cameras. The City of Auburn supports the current law and expansion of the law where deemed appropriate to increase ':t{ls`,to~lc~lu(ntl►i`ANeiiEre:iliei►tei':~:; tY• the safety of our communi - - Eminent Domain The rights of ProPertY owners are vita) to the balance in communities between government and citizens. The city of Aubum, in partnership with Attorney General Rob Mtkenna, will be supporting a bill that further clarifies a municipalities responsibilities and duties in the condemnation process.