HomeMy WebLinkAboutItem VIII-B-4
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 3785
Department: I Attachments:
Finance Resolution No. 3785 and Exhibit A
Administrative Recommendation:
Date:
November 19, 2004
Budget Impact:
City Council adopt Resolution No. 3785.
Background Summary:
Several area cities, along with the City of Auburn, have determined that proposed legislation intended to
be presented to the state legislature in 2005, commonly referred to as "Sales Tax Streamlining" ("SST")
legislation, poses a real economic threat to their tax structure and revenue base.
Resolution No. 3785 authorizes entering into an Interlocal agreement with several area cities to hire one
or more lobbyists to assist the cities to develop and propose alternative legislation and share in the cost
for those services.
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F6.7
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport [8J Finance
o Hearing Examiner 0 Municipal Servo
o Human Services 0 Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
[8J Finance 0 Parks
o Fire 0 Planning
o Legal 0 Police
o Public Works D Human Resources
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Backus I Staff: Coleman
Meeting Date: December 6,2004 litem Number: VIII.BA
RESOLUTION NO. 3785
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF AUBURN AND THE CITIES OF KENT, BOTH ELL,
BURLINGTON, COLLEGE PLACE, EVERETT, ISSAQUAH,
OLYMPIA, PUYALLUP, REDMOND, RENTON, SEDRO-WOOLEY,
TUKWILA AND WOODINVILLE, REGARDING PAYMENT AND
SUPERVISION FOR SALES TAX SOURCING LOBBYIST
SERVICES
WHEREAS, the parties are authorized to enter into such agreements by
virtue of Chapter 39.34 RCW; and
WHEREAS, the cities have determined that proposed legii:;lation
intended to be presented to the state legislature in 2005, commonly referred to
as "Sales Tax Streamlining" ("SSr) legislation, poses a real economic threat
to their tax structure and revenue base; and
WHEREAS, the potential revenue loss that this legislation may cause is
so severe that the cities have determined to hire one or more lobbyiists to
monitor SST legislation and to assist the cities to develop and propose
alternative legislation; and
WHEREAS, the City of Kent has agreed to administer this agreement to
carry out its purpose and to invoice participating cities a proportionate share of
the cost for the lobbying services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute
an Interlocal Agreement in substantial confonmity with the Agreement attached
hereto, marked as Exhibit "A" and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall be in full force upon passage and
signatures hereon.
------------------------
Resolution No. 3785
November 18, 2004
Page 1
PASSED by the City Council this
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
------------------------
Resolution No. 3785
November 18, 2004
Page 2
day of
,2004.
CITY OF AUBURN
Peter B. Lewis, Mayor
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE CITIES OF AUBURN,
BOTHELL, BURLINGTON, COLLEGE PLACE, EVERETT,
ISSAQUAH, OLYMPIA, PUYALLUP, REDMOND, RENTON,
SEDRO-WOOLEY, TUKWILA, AND WOODINVILU:,
REGARDING PAYMENT AND SUPERVISION FOR SALES TAX
SOURCING LOBBYIST SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement) is entered into b(:tween the
CITY OF KENT, ("Kent") and the Cities of AUBURN, BOTHELL, BURLINGTON,
COLLEGE PLACE, EVERETT, ISSAQUAH, OLYMPIA, PUYALLUP, REDMOND,
RENTON, SEDRO-WOOLEY, TUKWILA, WOODINVILLE, and other cities that later
join this Agreement (collectively, the "cities").
RECITALS
I. The cities are public agencies as defined by Ch. 39.34 ofthe Revised Code
of Washington, and may enter into interlocal agreements on the basis of mutual
advantage to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population,
and other factors influencing the needs and development of local communities.
2. The cities have determined that proposed legislation intended to be
presented to the state legislature in 2005, commonly referred to as "Sales Tax
Streamlining" ("SST") legislation, poses a real economic threat to their tax structure and
revenue base.
3. The potential revenue loss that this legislation may cause is so severe that
the cities have determined to hire one or more lobbyists to monitor SST legislation and to
assist the cities to develop and propose alternative legislation.
NOW THEREFORE, in consideration of the terms and provisions contained
herein, the cities agree as follows:
AGREEMENT
4. PUrTJose. It is the purpose of this Agreement to collectively pay for the
lobbying services needed to represent the cities' interests in any proposed SST
legislation.
5. Duration. This Agreement will take effect on the last date entered under
the signature blocks listed at the end of this Agreement. Unless terminated by any party
in accordance with Section 8, Termination, this Agreement shall remain in full force and
effect for not more than three (3) years. This Agreement may be extended by mutual
written agreement of the parties.
Exhibit "A"
Resolution No. 3785
November 22, 2004
Page 1 of II
6. Administration of A!!reement. Kent will administer this Agreement to
carry out its purpose. Kent, through an independent contractor, will provide the lobbying
services addressed in this Agreement, and will be responsible for complianGe with all
laws, rules, and regulations, specifically including, without limitation, complying with all
reporting requirements of the Washington State Public Disclosure Commission. A
general description of these services is attached and incorporated as Exhibit A.
7. Pavment. In consideration of this Agreement and the administrative
services provided by Kent, each participating city will pay Kent its proportionate share
for lobbying services obtained by Kent.
7.1
proportionate
population.
The proportionate share of each city shall be equal to the
share of all other participating cities regardless of the city's
7.2 The projected quarterly cost of services described in Exhibit A is
$25,800, which amount includes maximum allowable reimbursement expenses.
There are currently fourteen (14) cities that wish to participate in this Agreement.
Therefore, based upon the current estimate of the quarterly cost of services, and
the number of cities currently participating in this Agreement, each city will
contribute an equal amount of these costs per quarter based on the number of
participating cities. This is the maximum monthly amount to be paid under this
Agreement and shall not be exceeded without the prior written authorization of
the participating cities.
7.3 In the event additional cities join this Agreement, the proportionate
share of each city shall be reduced accordingly. In the event fewer cities
participate in this Agreement or a city or cities terminate their participation, the
proportionate share of each remaining participating city shall increase
accordingly.
7.4 Kent will deliver a quarterly invoice to the participating cities,
which will be due and payable to Kent no later than forty-five (45) cale,ndar days
ITom the date of billing. Kent intends to commence lobbying services on
November 15, 2004. The first quarterly billing statement shall be based on the
services provided between the dates of November 15, 2004, and Deeember 31,
2004.
7.5 While it is recognized that some cities may not be able to sign this
Agreement before November 15, 2004, it is agreed that the cities will benefit from
the services provided as of November 15. Therefore, it is presumed that a city
which enters and signs this Agreement agrees to pay for services performed as of
November 15, 2004, regardless of the date of signing.
Exhibit "A"
Resolution No. 3785
November 22. 2004
Page 2 of II
8. Termination.
8.1 Termination by Notice. Any participating city may terminate its
participation in this Agreement by providing at least thirty (30) cal~:ndar days
prior written notice to all other participating cities. The terminating city must pay
the full share of fees due for the quarter within which the withdrawal becomes
effective, even if the terminating city does not use or benefit from those services
for the entire quarterly period. Except as provided in section 8.2, the tl~rmination
of participation by a city shall not result in the termination of this Agre(:ment with
respect to the other cities.
8.2 Termination by Mutual Written Agreement. This Agreement may
be terminated at any time by mutual written agreement of a majority of the then
participating cities.
8.3 Termination by Expiration of Term. In any event, this Agreement
will terminate three (3) years from its effective date.
8.4 Distribution of Assets upon Termination. It is not anticipated that
any assets will be acquired as a result of participating in this Agreement. If,
however, any assets are acquired with joint funds of the cities, those assets will be
equally divided among the cities at the asset's fair market value upon termination.
The value of the assets shall be determined by using commonly accepted methods
of valuation.
9. Miscellaneous.
9.1 Amendments. This Agreement may only be amended by mutual
written agreement of the participating cities.
9.2 Severability. If any section of this Agreement is adjudicated to be
invalid, such action shall not affect the validity of any section not so adjudicated.
9.3 Interpretation. The legal presumption that an ambiguous term of
this . Agreement should be interpreted against the party who prepared the
Agreement shall not apply.
9.4 Ownership of Property. Any property owned and used by Kent in
connection with this Agreement shall remain the property of Kent, and any
property owned and used by any other participating city shall remain the property
of that city, unless otherwise specifically provided for in this Agreement
9.5 Nottce. All communications regarding this Agreement will be sent
to the parties at the addresses listed on the signature page of the Agreement,
unless notified to the contrary. Any written notice will become effective upon
Page3 of 11
Exhibit "A"
Resolution No. 3785
November 22. 2004
personal service or three (3) business days after the date of mailing by registered
or certified mail, and will be deemed sufficiently given if sent to the addressee at
the address stated in this Agreement or any other address if later specified in
writing.
9.6 Counterparts. This Agreement may be entered into any number of
counterparts which, when taken collectively, will constitute one entire agreement.
7. Ratification and Confirmation. All acts taken prior to the effective date of
this Agreement that are consistent with the intent and purpose of same are hereby ratified
and confirmed, retroactive to November 15,2004.
IN WITNESS, the parties below execute this Agreement, which shalIl become
effective on the last date entered below.
AUBURN: KENT:
CITY OF AUBURN CITY OF KENT
By: By:
(signature)
Print Name: Print Name: Jim White
Its Its Mavor
(J'itIe)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) _-_ (telephone) L) _-_ (telephone)
L) _-_ (facsimile) L) _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
Exhibit "A"
Resolution No. 3785
November 22, 2004
Page40fll
BOTHELL: BURLINGTON:
CITY OF BOTHELL CITY OF BURLINGTON
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L-) _-_ (telephone) L-) _-_ (telephone)
L-) _-_ (facsimile) L-) _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
Page 5 of 11
Exhibit "A"
Resolution No. 3785
November 22, 2UU4
COLLEGE PLACE:
EVERETT:
CITY OF COLLEGE PLACE
CITY OF EVERETT
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Tille) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
~ _-_ (telephone) ~ _-_ (telephone)
~ _ -_ (facsimile) ~ _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
Exhibit "A"
Resolution No. 3785
November 22, 2004
Page 6 of 11
ISSAQUAH: OLYMPIA:
CITY OF ISSAQUAH CITY OF OLYMPIA
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Fitle) (Fitle)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L.-.J _-_ (telephone) L.-.J _-_ (telephone)
L.-.J _-_ (facsimilc) L.-.J _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
Exhibit "A"
Resolution No. 3785
November 22, 2004
Page 7 of 11
PUY ALLUP: REDMOND:
CITY OF PUY ALLUP CITY OF REDMOND
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Tit/e) (Tille)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) _-_ (telephone) L) _-_ (telephone)
L) _-_ (facsimile) L) _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
Exhibit "A"
Resolution No. 3785
November 22, 2004
Page 8 ofl1
RENTON:
SEDRO-WOOLEY:
-..-
CITY OF RENTON
CITY OF SEDRO- WOOLEY
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(fitle) (fit Ie)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (telephone) L) _-_ (telephone)
---
L) _-_ (facsimile) L) _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
Exhibit "A"
Resolution No. 3785
November 22, 2004
Page 9 of 11
TUKWILA: WOODINVILLE:
CITY OF TUKWILA CITY OF WOODINVILLE
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Tit/e) (Tille)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
<--J _-_ (telephone) <--J _-_ (telephone)
<--J _-_ (facsimile) <--J _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
P:\Civil\A TTORNEYS\Pat\SSTLobbylnterlocal.] I 1004 DRAFT,doc
Exhibit "A"
Resolution No. 3785
November 22, 2004
Page 100fll
EXHIBIT "A" - GENERAL SCOPE OF SERVICES
A. Provide general lobbying assistance to the City of Kent and cities working in coalition with Kent,
regarding the issue of "Streamlined Sales Tax" (SST) - and particularly with regard to the local sales
tax '¡sourcing" provisions ofSST.
B. Assist the City of Kent, and cities working in coalition with Kent, with development of an overalI
strategy and plan related to legislation, stakeholder outreach, infonnational materials, and I1nancial
modeling.
C. Participate in strategy sessions and discussions regarding the SST/sourcing issue with officials of the
City of Kent and other cities working in coalition with Kent, prior to the start of the 2005 Session of
the Washington State Legislature.
D. Attend meetings with key state legislators that may take part prior to the start of the 2005 Session of
the Washington State Legislature.
E. Represent the interests of Kent and other cities working in coalition with Kent, on SST/sourcing in
Olympia, particularly with regard to: communication with legislative leadership; lawmake]rs who chair
and/or have membership ofl1scal committees with jurisdiction over the SST/sourcing issue; the
Governor's Office and Office of Financial Management; the State Department of Revenue; the
Association of Washington Cities (A We) as necessary; and other parties as jointly detennined to be
necessary by the City and Contractor.
F. Assist the City of Kent and cities working in coalition with Kent on preparation, background, and
infonnation that may be necessary for any legislative hearing or meeting, or any Executive Branch
meeting, with respect to SST/sourcing.
G. Develop a main point of contact for regular reporting on the progress and status of the SST/sourcing
issue, as welI as a regular pattern of reporting in writing or verbalIy. Main point of reporting contact in
Olympia shalI be the City of Kent's Government Affairs Consultant - Doug Levy, Owner/Consultant,
Outcomes By Levy. Main point of reporting contact for SST/sourcing matters outside of Olympia
shalI be Mike Martin, Chief Administrative Officer, City of Kent.
H. Complete in a timely and accurate fashion alI fonns and reports required ofIobbyists by the state and
other lawful jurisdictions.
I. Provide timely telephone or e-mail updates as jointly detennined necessary by the City and Contractor.
Exhibit "A"
Resolution No. 3785
November 22, 2004
Page I I of! I