HomeMy WebLinkAbout3149 Resolution No. 3 ] 4 9
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.
Resolution No. 3149
December 28, 1999
Page [ of 2
DATED and SIGNED this 3rd day of January 2000.
CITY OF AUBURN
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reyno ds,
City Attorney
Resolution No. 3149
December 28, 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, hereinafter 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, fiyers, and brochures.
2. TERM.
The term of this agreement shall be until December 31, 2000 commencing
on the 10th day of January, 2000, and may be terminated by either party hereto
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 1
only by providing the other party thirty (30) days written notice prior to the
termination of the Agreement.
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 the purchase order, and hours received by the
15th 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
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 2
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 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/HOLD 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
CONSULTANTS 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, officer's and employees, this indemnity provision
with respect to (1) claims or suits based upon such negligence, (2) the costs to the
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 3
CITY of defending such claims and suits, etc. shall be valid and enforceable only
to the extent of the CONSULTANT'S 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. 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 of providing
services under the terms of this Agreement by the CONSULTANT, shall belong to
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 4
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.
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
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 5
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 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.
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.
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 6
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 Of any provision of this agreement is invalid or unenforceable, the
remaining previsions shall remain in force and effect.
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 7
CITY OF AUBURN
CHARLES A. BOOTH, MAYOR
Date//- 3 - ,,7,0 ~ a
CONSULTANT
Federa Ta×
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds, City Attorney
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 8
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that /'~ ' ' ~zlc,~,-6.~
, is the person(s) who appeared ~e, and said
person(s) acknowledged the he/she/they signed this instrument, on oath stated
(corp~ole proprietorshi~p of
partnership, L.L.C., or individual), to be the flee and voluntary act of such party for
the uses and purposes mentioned in this instrument,.
Dated:/,_,/Z/_ ~)D
NOTARY Public in and for the State of Washington
Residing at ~,~
My appointment expires:
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 9
STATE OF WASHINGTON )
County of King )
. I certify that I know or have satisfactory evidence that
, is the person(s) who appeared before me, and said
person(s) acknowledged the he/she/they signed this instrument, on oath stated
that he/she/they was/were authorized to execute the instrument and
acknowledged it as the , of
(corporation, sole proprietorship,
partnership, 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:
NOTARY Public in and for the State of Washington
Residing at
My appointment expires:
Resolution 3149 Exhibit A
Marjorie Rommell Agreement for Professional Services
December 28, 1999
Page 10