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HomeMy WebLinkAboutITEM VIII-B-4RESOLUTION N0.4 2 5 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH HEBERT RESEARCH, INC. WHEREAS, the City is anticipating annexation of Lea Hill and West Hill and is in need of services of individuals, employees or firms to conduct an annexation census on said project; and WHEREAS, the City desires to retain the Consultant to provide certain services in connection with the City's work on said project; and WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING, DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute an Agreement with Hebert Research, Inc, to provide consulting services in connection with the City's needs for an annexation census. A copy of said Agreement is attached hereto, designated as Exhibit "A" and incorporated by reference in this Resolution. Resolution No. 4255 October 10, 2007 Page 1 of 2 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. This Resolution shall take effect and be in full force and effect upon passage and sigriature hereon. DATED and SIGNED this day of October, 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP'RC~/ED ~FSh-T~-FO B. Heic~Cit~Attorney Resolution No. 4255 October 10, 2007 Page 2 of 2 CITY OF AUBURN AGREEMENT FOR 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 Hebert Research, Inc., hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the City is anticipating annexation of Lea Hill and West Hill and is in need of services of individuals, employees or firms to conduct an annexation census on said project; and, WHEREAS, the City desires to retain the Consultant to provide certain services in connection with the City's work on said project; and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: I. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services.") 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. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control: In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. Page 1 of 9 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 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. 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. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. d. Provide for a media release to publicize the census and inform the residents of Lea Hill and West Hill. e. Provide 15 maps of the of the census areas. £ Print and provide 4,000 census door hangers to be used by the Consultant. i. Print and mail as possible a notification letter from the Mayor to Lea Hill and West Hill residents, and provide extra copies as needed to Hebert Research. 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 the fees and costs specified. on Exhibit "A" attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, 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, subject to any conditions or provisions in this Agreement or addendum. Page 2 of 9 8. Time for Performance and Term of Agreement. The Term of this Agreement shall commence on the date hereof or on the 16t" day of October, 2007, and shall terminate on or before November 23`d as outlined in Exhibit "A" or upon completion of the performance of the scope of work provided herein. 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") 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 Jim Hebert, 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 Consultant Auburn City Hall Jim Hebert 25 West Main 13629 NE Bel-Red Road Auburn, WA 98001-4998 Bellevue, WA 98005 (253) 931-3000 FAX (253) 931-3053 (206)643-1337 FAX (206)746-8138 13. Notices. 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 prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the parry set forth above, or if to a person not a parry 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. Page 3 of 9 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. Commercial General Liability insurance, insuring the City and the Consultant against loss or damages arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in any one 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. d. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 15. Indemnification. The Consultant shall indemnify, defend 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, 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 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 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 Page 4 of 9 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 in Exhibit "A" hereof. 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. 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. Page 5 of 9 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. 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 CONSULTANT Peter B. Lewis, Mayor Name: Title: Attest: Danielle E. Daskam City Clerk Page 6 of 9 Corporate ? STATE OF WASHINGTON ) ss. COUNTY OF ) ON THIS day of , 200 ,before me, personally appeared and , to me known to be the and of the Contractor, the party(ies) who executed -the corporationlcompany that executed the within and foregoing instrument, and acknowledged said instrument to be his/her/their the free and voluntary act and deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN under my hand and official seal this day of _ 200_. NOTARY PUBLIC in Washington, residing at _ My Commission Expires: and for the State of Page 7 of 9 EXHIBIT "A" HEBERT RESEARCH, INC. 13629 NE Bel-Red Road Bellevue, Washington 98005 (206) 643-1337 (206) 746-8138 (Fax) RESEARCH SERVICES CONTRACT CLIENT: City of Auburn PROJECT TITLE: Annexation Census of Lea Hill and West Hill, January 2008 SCOPE OF WORK: Hebert Research agrees to conduct a Census of newly ,annexed Auburn residents in Lea Hill and in West Hill in November 2007. The research will be conducted in the manner that complies with Census standards as approved by the State of Washington Office of Financial Management, and in a manner consistent with the timing, protocols and coordination needs of the City of Auburn. In this project, Hebert Research will dispatch as many as lOhigMy-trained staff Research Assistants to conduct the Census during the time frame approved by the Office of Financial Management (OFM), to be completed by November 23, 2007 in both Lea Hill (with an estimated 4,000 housing units) and West Hill (estimated 1,750 housing units). Following approval of this proposal by the City of Auburn, preliminary work on this project could begin at Hebert Research as early as October 16, 2007. Upon completion of the Census, all Census forms and reports as required will be provided directly to the Office of Financial Management as appropriate. Fees for the project include costs of travel and supplies -but not City letters from the Mayor to residents, City media release time and materials, City photo-I.D. badges for Research Assistants, maps provided by the City for the use of Research Assistants, or approx. 4,000 census door hangers printed by the City (Hebert Research will provide a sample, however). Supplies provided by Hebert Research include Hebert Research identification materials for Research Assistants and their cars as needed, as well as support materials including clerical supplies. The Research Assistants will be supervised by a staff Census manager with more than six years of Census experience, having conducted Census projects at a number of Cities in Western Washington, and with extensive experience working with OFM administrators handling annexation Census matters throughout the state. Page 8 of 9 All Census records will be kept confidential, and carefully examined and checked to assure high quality and accuracy, meeting the highest Census standards. Upon request, Hebert Research can provide references at Cities such as Arlington and Lake Stevens, and at OFM, who can assure the quality and accuracy of Hebert Research Census services. RESEARCH BUDGET Item Amount Annexation Census of Lea Hill $42,638 Annexation Census of West Hill $24,955 TOTAL $67,593 TERMS AND CONDITIONS Projects will proceed on receipt of a signed contract. One half of the total charges for the project will be billed at the commencement of the project, and one half will be billed upon completion. The budget figures include such incidentals as supplies and travel. Any other incidentals, if approved by the City, will be charged to include a 10% processing fee. Page 9 of 9 DRAFT-DRAFT-DRAFT Annexation and Population... For many decades, the Office of Financial Management (OFM) has been responsible for making annual determinations of population for the state's cities and towns. To accurately estimate the populations for each municipality requires -among other things - on going documentation of incorporations, disincorporations, and annexations. Accurate population estimates for cities and towns drive revenue sharing payments to municipalities so that available revenue is properly distributed among areas legally entitled to get their population-based share. Local government and OFM roles and responsibilities for determining populations of annexed areas are set out in RCW 35.13.260 -first written in 1951, last amended in 1979. Long-standing policies and procedures in keeping with this law are implemented by OFM so that the most accurate, reliable and objective population determinations are made each time an annexation takes place. This is especially important because an increase to a city's population from annexation reduces the per capita amount available to allocate to all other cities that get revenue sharing from the state. A Few Key Features... Under this law, each municipality bears the burden and cost of doing a census of an annexed area that meets the quality and reliability standards needed for OFM to certify the annexation. Requirements include making an actual count of the resident population in the annexed area in accordance with OFM's practices and policies. To guide the process, OFM has for many years worked with local government to provide training, materials, and procedures that are well-tested and can be used to comply with their responsibilities under the law. New Law Affects Some Annexations... In 2006, the Legislature passed SSB6686, now codified in RCW 82.14.415, to provide some cities a tax credit if they annex an area that exceeds 10,000 people as long as they commence the annexation under 35.13 or 35A.14 before January 1, 2010 and meet various other criteria pertaining to the size of the city and county in 82.14.415(1). Requirements Do Not Change for Cities Annexing under RCW 82.14.415 Nothing in the new law changes requirements for cities and towns to enumerate the population in an annexed area. The final determination of the population for an annexed parcel for cities annexing under RCW 82.14.415 is done the same way as all other annexation as specified in RCW 35.13.260 and RCW 35A.14.700 because 82.14.415 relies on the annexation process spelled out in 35.13 and 35A.14. Other Considerations... As set out in RCW 35.13.260 the population of an annexed area shall be determined as of the effective date of the local ordinance that implements the annexation. The work to enumerate the population in the annexed area can begin in advance of the effective date of the ordinance, as long as the population count is accurately adjusted forward to the effective date of the annexation. But to ensure accuracy of the final count, the work should not be done more than four to five weeks in advance of the effective date. Because of the 10,000 population threshold in RCW 82.14.415, a city or town may want to know more about the population size of a particular area before it commences with an annexation. Various small area population estimate tools and techniques are available from OFM, as well as from entities like the Puget Sound Regional Council (PSRC). While these and similar tools may not provide sufficient detail to exactly fit the potential boundaries of a proposed annexation area, they could be used to help inform the judgment a city may want to make before proceeding with the annexation process. But caution is needed because statistical estimation error can be relatively large. The Auburn Example... The City of Auburn approached their voters August 21, 2007, who approved the annexation of one small area west of town and another larger area east of town. Before commencing with council action to adopt the ordinance needed to finalize the annexation, Auburn wants to know if the larger area east of town will be larger than 10,000 people. Auburn can get small area data from both OFM and PSRC to help construct an informal population estimate so that they can make this judgment. But, because 35.13 and 35A.14 require an actual count of population in the annexed area, an informal population estimate cannot legally be accepted by OFM as the basis to certify the annexation. As is often the case, the small area estimates are only an approximation because it is not possible to exactly match the annexation boundaries. Analysis done by OFM Forecasting staff suggests that the bigger area Auburn would annex could have approximately 12,000 people -though in a slightly larger area than the annexation boundaries under consideration. If Auburn elects to proceed with the annexation, they could conduct a census of the area in November 2007 under normal procedures and with the usual involvement of OFM. To determine the population as of the annexation date, OFM could adjust the November census result forward to the annexation date based on available evidence related to changes in housing stock and occupancy. As is required in the law, and as would be done by any other municipality to document an annexation, the census would be at Auburn's expense but would only need to be done once. DRAFT-DRAFT-DRAFT Annexation and Population... For many decades, the Office of Financial Management (OFM) has been responsible for making annual determinations of population for the state's cities and towns. To accurately estimate the populations for each municipality requires -among other things - on going documentation of incorporations, disincorporations, and annexations. Accurate population estimates for cities and towns drive revenue sharing payments to municipalities so that available revenue is properly distributed among areas legally entitled to get their population-based share. Local government and OFM roles and responsibilities for determining populations of annexed areas are set out in RCW 35.13.260 -first written in 1951, last amended in 1979. Long-standing policies and procedures in keeping with this law are implemented by OFM so that the most accurate, reliable and objective population determinations are made each time an annexation takes place. This is especially important because an increase to a city's population from annexation reduces the per capita amount available to allocate to all other cities that get revenue sharing from the state. A Few Key Features... Under this law, each municipality bears the burden and cost of doing a census of an annexed area that meets the quality and reliability standards needed for OFM to certify the annexation. Requirements include making an actual count of the resident population in the annexed area in accordance with OFM's practices and policies. To guide the process, OFM has for many years worked with local government to provide training, materials, and procedures that are well-tested and can be used to comply with their responsibilities under the law. New Law Affects Some Annexations... In 2006, the Legislature passed SSB6686, now codified in RCW 82.14.415, to provide some cities a tax credit if they annex an area that exceeds 10,000 people as long as they commence the annexation under 35.13 or 35A.14 before January 1, 2010 and meet various other criteria pertaining to the size of the city and county in 82.14.415(1). Requirements Do Not Change for Cities Annexing under RCW 82.14.415 Nothing in the new law changes requirements for cities and towns to enumerate the population in an annexed area. The final determination of the population for an annexed parcel for cities annexing under RCW 82.14.415 is done the same way as all other annexation as specified in RCW 35.13.260 and RCW 35A.14.700 because 82.14.415 relies on the annexation process spelled out in 35.13 and 35A.14. Other Considerations... As set out in RCW 35.13.260 the population of an annexed area shall be determined as of the effective date of the local ordinance that implements the annexation. The work to enumerate the population in the annexed area can begin in advance of the effective date of the ordinance, as long as the population count is accurately adjusted forward to the effective date of the annexation. But to ensure accuracy of the final count, the work should not be done more than four to five weeks in advance of the effective date. Because of the 10,000 population threshold in RCW 82.14.415, a city or town may want to know more about the population size of a particular area before it commences with an annexation. Various small area population estimate tools and techniques are available from OFM, as well as from entities like the Puget Sound Regional Council (PSRC). While these and similar tools may not provide sufficient detail to exactly fit the potential boundaries of a proposed annexation area, they could be used to help inform the judgment a city may want to make before proceeding with the annexation process. But caution is needed because statistical estimation error can be relatively large. The Auburn Example... The City of Auburn approached their voters August 21, 2007, who approved the annexation of one small area west of town and another larger area east of town. Before commencing with council action to adopt the ordinance needed to finalize the annexation, Auburn wants to know if the larger area east of town will be larger than 10,000 people. Auburn can get small area data from~both OFM and PSRC to help construct an informal population estimate so that they can make this judgment. But, because 35.13 and 35A.14 require an actual count of population in the annexed area, an informal population estimate cannot legally be accepted by OFM as the basis to certify the annexation. As is often the case, the small area estimates are only an approximation because it is not possible to exactly match the annexation boundaries. Analysis done by OFM Forecasting staff suggests that the bigger area Auburn would annex could have approximately 12,000 people -though in a slightly larger area than the annexation boundaries under consideration. If Auburn elects to proceed with the annexation, they could conduct a census of the area in November 2007 under normal procedures and with the usual involvement of OFM. To determine the population as of the annexation date, OFM could adjust the November census result forward to the annexation date based on available evidence related to changes in housing stock and occupancy. As is required in the law, and as would be done by any other municipality to document an annexation, the census would be at Auburn's expense but would only need to be done once.