HomeMy WebLinkAbout12-20-2004 ITEM VIII-B-9UIYOF "
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject:
Date:
Resolution No. 3800
December 13, 2004
Department:
Attachments:
Budget Impact:
Finance
Resolution No. 3800
Administrative Recommendation:
City Council adopt Resolution No. 3800.
Background Summary:
Resolution No. 3800 authorizes the Mayor and City Clerk to execute a contract with Washington
Advocates, LLC, for 2005 consulting services. Please see attached for progress to date. The firm is
currently operating under a six-month agreement due to expire on 12/31/2004.
N 1220-3
A3.16.11
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ® Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
® Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: BackusStaff: Coleman
MeetingDate: December 20, 2004 Item Number: VIII.B.9
AUBURN * MORE THAN YOU IMAGINED
1Zl1�/6b174 lb:Ut)' 1 4Z04bflb3(
ADVOCATES
TO: Carolyn Robertson,
FROM: Tony Williams
WASHINGTONADVOGATES 'PAGE: ,62 I
MEMORANDUM
CC: . Nina Collier, Steve McBee, Menda Fife
DATE: December 13, 2004
SUBJECT:
Here is a quick review of the activities on behalf of the City of .Auburn, Washington, by
Washington Advocates and McBee Strategic Consulting during the past six months, which
covers our initial contract period. Based upon what I've learned about working with you and the
Mayor these past six months, I chose to keep the document brief, but if you need more narrative,
I can happily add more information to this memo.
• Our first task was to work together with the Mayor and his staff to prioritize the
City's federal affairs agenda, and to gather critical intelligence from key Members of
the Washington State Congressional Delegation as to whether Auburn items were
included in their appropriations requests.
Through our initial intelligence we learned that while Auburn issues were on the
request lists of key Members of Congress, they were not at a high, enough "priority
level" to ensure that appropriations success would be achieved. We immediately
briefed the key offices, put the key Auburn issues into context for the staff, and
brought key staff together with Auburn officials so that City issues could receive
deeper attention from the delegation.
The result of this teamwork between the City and our lobbying team, and our joint
effort to further prioritize key City federal projects came to bear recently when we
were able to help secure $1 million for the A -B Corridor in the FY2005
Transportation Appropriations Bill, thanks to the good work of Senator Patty Murray,
Following that victory, we prepared a memo and quotes for Mayor Lewis to use in
press release announcing project.
12/13120l�4. 16:.05 4254671037 - MASHLNGTONADVOCATES
■ Reviewed grant application for joint law enforcement/homeland security training center..
Contacted the Office of Domestic Preparedness and helped coordinate a conversation
between the City and them,
PAGE 11 , X13, , .._, I
Prepared planning memo for FY05 and FY06 transportation projects. This work is ongoing
as we work with City staff to help existing Members of the congressional delegation (Sens.
Murray and Cantwell, Reps. Smith and Dicks) and a new Member of the congressional
delegation (Rep. -elect Dave Reichert) become more familiar with City projects, an.d our
federal agenda for 2005.
• Provided Transportation authorization legislation updates to the City. This project will
continue in 2005 as Congress and the White House hope to reach agreement on a Highway
Reauthorization Bill in the upcoming Congress.
■ We helped the City staff improve and streamline its process for communicating with the
congressional delegation on key requests for federal fa ding of Auburn projects.
Specifically, we provided the City staff with a list of questions that must be answered for any
transportation authorization request.
• Coordinated the visit of Dale Learn, transportation staff to Senator Patty Murray to Auburn
to review the City's transportation priorities. Prepared advance memos for these staff:
■ Contacted the United States Postal Service to review Post Office renovation procedures.
■ Prepared for and attended a strategy meeting in Auburn, with the Mayor and his staff.
• Met with the Mayor and staff on issues surrounding the Muckleshoot Indian Tribes' decision
to purchase Emerald Downs. We have developed an initial plan of options for how the City
might handle issues that develop as a result of that purchase, and expect to help the City
further on these issues.
■ Have begun discussions with the Mayor and the City as to ways our group can informally
and formally Auburn develop a productive and positive relationship with Gov. -elect Dino
Rossi, presuming, of course, he's sworn into office on January 12, 2005.
Of course, there were other things, but I think that hits the highlights. We had a good six months
together, and I believe we can have an equally successful, if not even better, 2005.
M Q17
RESOLUTION NO. 3 8 0 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT WITH WASHINGTON
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 qualified consultants who will be able to assist the City on projects related to
federal appropriations; and,
WHEREAS, the City desires to retain WASHINGTON ADVOCATES, LLC
to provide such services; and
WHEREAS, WASHINGTON ADVOCATES, LLC is qualified 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,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute
an agreement in substantial conformity 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.
------------------------
Resolution No. 3800
December 13, 2004
Page 1 of 2
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of
CITY OF AUBURN.
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Daniel B. Heid
City Attorney
------------------------
Resolution No. 3800
December 13, 2004
Page 2 of 2
, 2004.
CITY OF AUBURN AGREEMENT
FOR PROFESSIONAL/CONSULTING SERVICES
THIS AGREEMENT made and entered into on this day of
200_, by and between the City of Auburn, a municipal corporation of the State
of Washington, hereinafter referred to as "City" and Washington Advocates,
LLC, hereinafter referred to as the "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 consultants 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 qualified 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:
Scope of Services.
The Consultant agrees to perform in a good and professional manner
tasks related to projects involving the City of Auburn also involving federal
funding, including:
a. Engaging in communication with appropriate representatives of various
agencies and entities who would be involved in such projects, and
b. Advising and consulting with the City regarding approaches and
strategies on how to promote projects advantageous to the City.
2. Independent Contractor.
The Consultant 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, employment or
other relationship with the City.
'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
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period for the completion of such services makes the execution of
addendum impractical prior to the commencement of the Consultant's
performance of the requested services. The Consultant 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. Consultant's Representations.
The Consultant hereby represents and warrants that he has all necessary
licenses and certifications to perform the services provided for herein, and
is qualified to perform such services.
5. City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the
services of the Consultant:
a. Designate in writing a person to act as the City's representative
with respect to the services. In advance of any such designation, the
Mayor of the City of Auburn shall serve in such designated capacity. 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. 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. Acceptable Standards.
The Consultant 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. Compensation.
As compensation for the Consultant's performance of the services
provided for herein, the City shall pay the Consultant a monthly fee of
Fifteen Thousand Dollars ($15,000) during the term hereof. The City shall
also pay the Consultant's reasonable travel expenses incurred in
connection with work done in furtherance of the scope of services hereof.
The Consultant shall submit to the City a monthly invoice or billing
statement, 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 Consultant thereafter in the normal course.
Page 2 of 7
8. Term of Agreement.
The Term of this Agreement shall commence on the date hereof or on the
1st day of January, 2005, and shall terminate on the 31st day of
December, 2005, 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
otherwise prepared by the Consultant 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 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.
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 completion of
assigned duties and responsibilities.
12. Administration of Agreement.
This Agreement 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 Auburn
Auburn City Hall
25 West Main Street
Auburn, WA 98001-4998
(253) 931-3000,
Fax (253) 931-3053
13. Notices.
Consultant
Washington Advocates, LLC
P. O. Box 1462
Bellevue, W A 98009
(425) 467-6900,
Fax (425) 467-1037
nina.collier@Washingtonadvocates.com
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
Page 3 of 7.
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 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 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 Consultant shall
furnish evidence, satisfactory to the City, of all such policies. During the
term hereof, the Consultant shall take out and maintain in full force and
effect the following insurance policies:
a. Comprehensive public liability insurance, including automobile and
property damage, insuring the City and the Consultant against loss
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 $1,000,000.00 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 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
shall satisfy the same to the extent that such judgment was due to the
Consultant's negligent acts or omissions.
16. 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
Page 4 of 7.
Agreement shall 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.
17. 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 representative(s) and 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 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.
18. Termination and Suspension.
Either party may terminate 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.
The City may terminate this Agreement upon not less than seven (7) days
written notice to the Consultant if the services provided for herein are no
longer needed from the Consultant.
If this Agreement is terminated through no fault of the Consultant, the
Consultant shall be compensated for services performed prior to
termination in accordance with the rate of compensation provided herein.
19. 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.
20. Costs to Prevailing Party.
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.
Page 5 of 7
21. 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 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 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 affected by
any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
23. 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.
24. 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.
25. Counterparts.
This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when
one or more counterparts have been signed by each of the parties and
delivered to the other party.
Page 6of7
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
By: Peter B. Lewis, Mayor
Attest:
Danielle E. Daskam City Clerk
as to form:
el B. Nleid, City
WASHINGTON ADVOCATES, LLC
By: Nina Collier, Partner
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