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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 Page 1 of 7 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 Page 7 of 7