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HomeMy WebLinkAbout3093 Resolution No. 3093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR PROFESSIONAL JOURNALISM SERVICES BETWEEN THE CITY OF AUBURN AND MARJORIE ROMMEL. WHEREAS, the City of Auburn has identified the need to provide the citizens of Auburn with information in a professional and informative format; and WHEREAS the City of Auburn has identified the need to assign this work to a professional journalist to ensure the professional quality, technical accuracy, and timely completion of the articles; and WHEREAS the City of Auburn has negotiated fair terms for this service. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor of the City of Auburn is herewith authorized to execute an Agreement between the City of Auburn and Marjorie Rommel for journalistic services. A copy of said Agreement is attached hereto as Exhibit A and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 7th day of June 1999. Resolution No. 3093 May 25, 1999 Page I of 2 CITY OF AUBURN CHARLES A BOOTH MAYOR ATTEST: fi~a~ielle E. ijaskam, City Clerk APPROVED AS TO FORM: Mi~y old~s, City Attorney Resolution No. 3093 May 25, 1999 Page 2 of 2 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with Marjorie Rommel, whose address is 214 N Street NE, Auburn, Washington, 98002, hereinafier referred to as "CONSULTANT". In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. The CONSULTANT will be responsible for providing professional journalism services (writing, interviewing, story development, photographing, etc.) for the development of CITY information to be prepared for distribution to citizens of Auburn. All work will be under the direction of the Director of Planning, or other CITY representative assigned by the Mayor. CONSULTANT work will include the development of articles and layout, as assigned by the CITY representative or as suggested by the CONSULTANT, based upon meetings with the CITY administration. Other work to be performed may include: serving as the point-of-contact between the City of Auburn and the Auburn Reporter; the review of postal codes for delivery; the development of CITY posters, flyers, and brochures. 2. TERM. The term of this agreement shall be until December 31, 1999 commencing on the q~'~ day of C dd./,U~d,, 1999, and may be terminated by either party hereto only by providing the o6~er party thirty (30) days written notice prior to the termination of the agreement. Resolution 3093 Exhibit A - Marjorie Rommel Agreement for Professional Services June 1, 1999 Page 1 of 9 3. COMPENSATION. The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care, and the orderly progress of the work. The CONSULTANT shall be paid for services rendered under this contract and such payment shall be full compensation for work performed. Hours worked are to be submitted monthly to the CITY' S representative for review. Hours submitted by the CONSULTANT will be paid by purchase order, and hours received by the 15'h of the month will be paid no later than the 15th Of the following month. The CONSULTANT will be paid at the rate of $50.00 per hour, not to exceed $2,000.00 per month. The CONSULTANT shall be reimbursed for film, processing, out-of-town travel expenses, etc., not to exceed $300.00 per month. All reimbursable expenses must be pre- approved by the CITY representative. 4. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally accepted professional standards. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance Resolution 3093 Exhibit A - Marjorie Rommel Agreement for Professional Services June 1, 1999 Page 2 of 9 of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 5. INDEMNIFICATION/BOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. 6. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. Resolution 3093 Exhibit A - Marjorie Rommel Agreement for Professional Services June 1, 1999 Page 3 of 9 The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 7. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 8. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all photographs, computer discs, documents, reports, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part &providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request,. the originals of all photographs, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. CONSULTANT will assign to the CITY, for the purposes of legal Copyright, all rights to the finished product, for publication in the Auburn Reporter and other uses as mutually agreed. Resolution 3093 Exhibit A - Marjorie Rommel Agreement for Professional Services June 1, 1999 Page 4 of 9 9. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY any and all photographs, computer discs, documents, reports, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement, whether completed or in process. 10. GENERAL PROVISIONS. 10. 1 . This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 10.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 10.3. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. Resolution 3093 Exhibit A - Marjorie Rommel Agreement for Professional Services June 1, 1999 Page 5 of 9 10.4. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 10.5. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 10.6. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 10.7. If any provision of this agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. Resolution 3093 Exhibit A - Marjorie Rommel Agreement for Professional Services June 1, 1999 Page 6 of 9 CITY OF AUBURN CHARLES A. BOOTH, MAYOR Date ~ ' ~' ~ ~ CONSULTANT Telephone: ~S.~tf~f, 195' 7[ h~ # ;.s'.V o" ~ ~ - ~ ~l Federal Tax ID ~ ff~-~' $t 7~ ATTEST: D~a~'el e E. Daskam, City Clerk APPROVED AS TO FORM: Resolution 3093 Exhibit A - Marjorie Rommel Agreement for Professional Services June 1, 1999 Page 7 of 9 STATE OF WASHINGTON ) )ss. County of King ) I certify that I know or have satisfactory evidence that ]t//f4d-'Te/t'tT~ , is the person0r.) who appeared before me, and said personS) acknowledged the4~she/~ signed this instrument, on oath stated that Ee/:he/the..y was/wc~ authorized to execute the instrument and acknowledged it as the [ ttd.'Yrd~.4 , of (oorporation, sole proprietorship, p~,'tnerr~ip, L.L.C., or Individual), to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated ~ 2 9t ~ : ~' __ ,-- i :- ~ootary Publi ' and for the tate of Washington residing at 2~%~7~~i~-~' My appointment expires: Resolution 3093 Exhibit A - Marjorie Rommel Agreement for Professional Services June 1, 1999 Page 8 of 9 STATE OF WASHINGTON) )SS. County of King ) I certify that I know or have satisfactory evidence that Charles A. Booth and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated · .o~i~~/~~.~~:~ Notary Public in ant/for the State of Washington ~ i" _ _- My appointment expires }0- q"~, ~ o,~, ,,, Resolution 3093 Exhibit A - Marjorie Rommel Agreement for Professional Services June 1, 1999 Page 9 of 9