HomeMy WebLinkAbout3785
e
e
20050309001892.001
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
11111-11111111111
20050309001892
PACIFIC I NW TIT AG 34 00
PAGE" OF 016 '
03/09/2005 15:35
KING COUNTV, UA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
\-1-IW\"-"'-J <6~6'\--1~
Interlocal Agreement (RES 3785)
Q9 b t\-
Reference Number(s) of Documents assigned or released:
DAdditional reference #'$ on page _ of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1, cities of Kent, Burlington, Everett and Puyallup
Legal Description (abbreviated: Le, lot, block, plat or section, township, range)
PER RCW 39.34
o Additionallega[ is on page of document.
Assessor's Property Tax Parcel/Account Number
N/A
o Assessor Tax # not yet assigned
i:IaiO cIOC!II119ßI(Sj were moo TOr
rocord by Pacific Nor1hWeSI TItle 85
aocommodatlon only. It has not bèIII
examined 118 to proper exeĊlloltOf
as I\) iI& affect UIIQII..
RESOLUTION NO. 3785
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF AUBURN AND THE CITIES OF KENT, BOTHELL,
BURLINGTON, COLLEGE PLACE, EVERETT, ISSAQUAH,
OLYMPIA, PUY ALLUP, REDMOND, RENTON, SEDRO-WOOLEY,
TUKWILA AND WOODINVILLE, REGARDING PAYMENT AND
SUPERVISION FOR SALES TAX SOURCING LOBBYIST
SERVICES
WHEREAS, the parties are authorized to enter into such agreements by
virtue of Chapter 39.34 RCW; and
WHEREAS, the cities have determined that proposed legislation
intended to be presented to the state legislature in 2005, commonly referred to
as "Sales Tax Streamlining" ("SST") legislation, poses a real economic threat
to their tax structure and revenue base; and
WHEREAS, the potential revenue loss that this legislation may cause is
so severe that the cities have determined to hire one or more lobbyists to
monitor SST legislation and to assist the cities to develop and propose
alternative legislation; and
WHEREAS, the City of Kent has agreed to administer this agreement to
carry out its purpose and to invoice participating cities a proportionate share of
the cost for the lobbying services.
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 Interlocal 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.
Section 3. That this Resolution shall be in full force upon passage and
signatures hereon.
------------------------
Resolution No. 3785
November 18, 2004
Page 1
PASSED by the City Council this h ~ day of Æ¿I'/ÆJJ..f.-/ ,2004.
~~
Peter B. Lewis, Mayor
ATTEST:
J1ÞSJ(d1Ja~
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
------------------------
Resolution No. 3785
November 18, 2004
Page 2
,
"
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE CITIES OF AUBURN,
BOTHELL, BURLINGTON, COLLEGE PLACE, EVERETT,
ISSAQUAH, OLYMPIA, PUYALLUP, REDMOND, RENTON,
SEDRO-WOOLEY, TUKWILA, AND WOODINVILLE,
REGARDING PAYMENT AND SUPERVISION FOR SALES TAX
SOURCING LOBBYIST SERVICES
TIllS INTERLOCAL AGREEMENT ("Agreement) is entered into between the
CITY OF KENT, ("Kent") and the Cities of AUBURN, BOTHELL, BURLINGTON,
COLLEGE PLACE, EVERETT, ISSAQUAH, OLYMPIA, PUYALLUP, REDMOND,
RENTON, SEDRO- WOOLEY, TUKWILA, WOODINVILLE, and other cities that later
join this Agreement (collectively, the "cities").
RECITALS
1. The cities are public agencies as defined by Ch. 39.34 of the Revised Code
of Washington, and may enter into interlocal agreements on the basis of mutual
advantage to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population,
and other factors influencing the needs and development of local communities.
2. The cities have determined that proposed legislation intended to be
presented to the state legislature in 2005, commonly referred to as "Sales Tax
StreamHning" ("SST") legislation, poses a real- economic threat to their tax structure and
revenue base.
3. The potential revenue loss that this legislation may cause is so severe that
the cities have determined to hire one or more lobbyists to monitor SST legislation and to
assist the cities to develop and propose alternative legislation.
NOW THEREFORE, in consideration of the terms and provisions contained
herein, the cities agree as follows:
AGREEMENT
4. PurlJose. It is the purpose of this Agreement to collectively pay for the
lobbying services needed to represent the cities' interests in any proposed SST
legislation. .
5. Duration. This Agreement will take effect on the last date entered under
the signature blocks listed at the end of this Agreement. Unless terminated by any party
in accordance with Section 8, Termination, this Agreement shall remain in full force and
effect for not more than three (3) years. This Agreement may be extended by mutual
written agreement of the parties.
5ST LOBBYIST INTERLOCAL AGREEMENT Page 1 of 11
"
6. Administration of Agreement. Kent will administer this Agreement to
carry out its purpose. Kent, through an independent contractor, will provide the lobbying
services addressed in this Agreement, and will be responsible for compliance with all
laws, rules, and regulations, specifically including, without limitation, complying with all
reporting requirements of the Washington State Public Disclosure Commission. A
general description of these services is attached and incorporated as Exhibit A.
7. Payment. In consideration of this Agreement and the administrative
services provided by Kent, each participating city will pay Kent its proportionate share
for lobbying services obtained by Kent.
7.1 The proportionate share of each city shall be equal to the
proportionate share of all other participating cities regardless of the city's
population.
7.2 The projected quarterly cost of services described in Exhibit A is
$25,800, which amount includes maximum allowable reimbursement expenses.
There are currently fourteen (14) cities that wish to participate in this Agreement.
Therefore, based upon the current estimate of the quarterly cost of services, and
the number of cities currently participating in this Agreement, each city will
contribute an equal amount of these cost~~J)Wmer based on the number of
participating cities. This is the maximum~y ~ount to be paid under this
Agreement and shall not be exceeded without the prior written authorizati'Cr ~f
the participating cities. þJ
7.3 In the event additional cities join this Agreement, the proportionate
share of each city shall be reduced accordingly. In the event fewer cities
participate in this Agreement or a city or cities terminate their participatio]1' the
proportionate share of each remaining participating city shall increase
accordingly.
7.4 Kent will deliver a quarterly invoice to the participating cities,
which will be due and payable to Kent no later than forty-five (45) calendar days
from the date of billing. Kent intends to commence lobbying services on
November 15, 2004. The first quarterly billing statement shall be based on the
services provided between the dates of November 15, 2004, and December 31,
2004.
7.5 While it is recognized that some cities may not be able to sign this
Agreement before November 15, 2004, it is agreed that the cities will benefit from
the services provided as of November 15. Therefore, it is presumed that a city
which enters and signs this Agreement agrees to pay for services performed as of
November 15,2004, regardless of the date of signing.
Exhibit "A"
Resolution No, 3785
November 22, 2004
Page 2 of 11
8. Termination.
8.1 Termination by Notice. Any participating city may tenninate its
participation in this Agreement by providing at least thirty (30) calendar days
prior written notice to all other participating cities. The terminating city must pay
the full share of fees due for the quarter within which the withdrawal becomes
effective, even if the tenninating city does not use or benefit ftom those services
for the entire quarterly period. Except as provided in section 8.2, the tennination
of participation by a city shall not result in the termination of this Agreement with
respect to the other cities.
8.2 Termination by Mutual Written Agreement. This Agreement may
be terminated at any time by mutual written agreement of a majority of the then
participating cities.
8.3 Termination by Expiration of Term. In any event, this Agreement
will terminate three (3) years from its effective date.
8.4 Distribution of Assets upon Termination. It is not anticipated that
any assets will be acquired as a result of participating in this Agreement. If,
however, any assets are acquired with joint funds of the cities, those assets will be
equally divided among the cities at the asset's fair market value upon tennination.
The value of the assets shall be determined by using commonly accepted methods
of valuation.
9. Miscellaneous.
9.1 Amendments. This Agreement may only be amended by mutual
written agreement of the participating cities.
9.2 Severability. If any section of this Agreement is adjudicated to be
invalid, such actionshall not affect the validity of any section not so adjudicated.
9.3 Interpretation. The legal presumption that an ambiguous tenn of
this Agreement should be interpreted against the party who prepared the
Agreemeµt shall not apply.
9.4 Ownership of Property. Any property owned and used by Kent in
connection with this Agreement shall remain the property of Kent, and any
property owned and used by any other participating city shall remain the property
of that city, unless otherwise specifically provided for in this Agreement.
9.5 Notice. All communications regarding this Agreement will be sent
to the parties at the addresses listed on the signature page of the Agreement,
unless notified to the contrary. Any written notice will become effective upon
SST LOBBYIST INTERLOCAL AGREEMENT Page 3 of 11
personal service or three (3) business days after the date of mailing by registered
or certified mail, and will be deemed sufficiently given if sent to the addressee at
the address stated in this Agreement or any other address if later specified in
writing.
9.6 Counterparts. This Agreement may be entered into any number of
counterparts which, when taken collectively, will constitute one entire agreement.
7. Ratification and Confirmation. All acts taken prior to the effective date of
this Agreement that are consistent with the intent and purpose of same are hereby ratified
and confirmed, retroactive to November 15, 2004.
.. IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
AUBURN:
KENT:
CITY OF AUBURN
CITY OF KENT
By: \~ <:
~ (signature)
Print Name: Peter B. Lewis
Its Mayor
(Title)
DATE: December 6, 2004
By:
Print Name:
Its
Jim White
Mayor
DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
Shelley Coleman, Finance Dir.
Ci tv of Auburn
25 W Main St
Auburn WA 98001
C22j 931-3033 (telephone)
~ 876-1900 (facsimile)
~ _-_ (telephone)
~ _-_ (facsimile)
APPROVED AS TO FORM:
Page 4 of 11
Exhibit "A"
Resolution No. 3785
November 22, 2004
,.
personal service or three (3) business days after the date of mailing by registered
or certified mail, and will be deemed sufficiently given if sent to the addressee at
the address stated in this Agreement or any other address if later specified in
writing.
9.6 Counterparts. This Agreement may be entered into any number of
counterparts which, when taken collectively, will constitute one entire agreement.
7. Ratification and Confirmation. All acts taken prior to the effective date of
this Agreement that are consistent with the intent and purpose of same are hereby ratified
and confinned, retroactive to November 15, 2004.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
AUBURN:
KENT:
CITY OF AUBURN
CITY OF KENT
(signature)
Pri
Its
Jim White
Mayor
By:
Print Name:
Its
(Tit/e)
DATE:
DATE: /'9--- ¿ -ð5i
. ,
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
Itll K..e- M ftRf1 (I
1dbf of k.6t+ ~ 'Ü~-he1tWt\-
;):d{) .~ ~. g.
i(ÚTI wA- q~Ð3;1.
.
L) _-_ (telephone)
L) _-_ (facsimile)
~~-S1JO (telephone)
~ ~ -JiJpg (facsimile)
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Á())Á_0J~
SST LOBBYIST INTERLOCAL AGREEMENT Page 4 of 11
, "
BOTHELL: BURLINGTON:
CITY OF BOTHELL CITY OF BURLINGTON
By: By:.Q~~
(signature) (si un)
Print Name: Print Name: Roger Tj eerdsma
Its Its Mayor
(Iitle) (Iitle)
DATE: DATE: December 9, 2004
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Richard Patrick
Finance Director
900 E. Fairhaven AVenue
Burlington, WA 98233
L-J _-_ (telephone) (ill 7 5 S- 0 5 3 (telephone)
L-J _ -_ (facsimile) :(QQ) 7 5 5- 9 6 6 (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
~~
Scott Thomas, City Attorney
SST LOBBYIST INTERLOCAL AGREEMENT Page 5 of 11
, .
COLLEGE PLACE:
EVERETT:
CITY OF COLLEGE PLACE
CITY OF EVERETT
(l'it/e)
NOTICES TO BE SENT TO:
By:
(signature)
Print Name:
Its
DATE:
NOTICES TO BE SENT TO:
L-> _-_ (telephone)
L-> _-_(facsimile)
L-> _-_ (telephone)
L-> _-_ (facsimile)
APPROVED AS TO FORM:
APPROVED AS TO FORM:
SST LOBBYIST INTERLOCAL AGREEMENT Page 6 of 11
ISSAQUAH: OLYMPIA:
CITY OF ISSAQUAH CITY OF OLYMPIA
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(lille) (lil/e)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L-J _-____ (telephone) L-J _-_ (telephone)
L-J _-_ (facsimile) L-J _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
SST LOBBYIST INTERLOCAL AGREEMENT Page 7 of 11
PUY ALLUP:
Under authority granted by the PuyaIlup City Council on
November 15, 2004.
CITY OF PUY ALLUP
(signature)
P . t Name: James C.
Its City Manager
(I"itle)
DATE: ~nl. /b,D?OO~
,
NOTICES TO BE SENT TO:
City of Puyallup
Attn: Gary McLean, City Attorney
330 Third St SW
Puyallup, W A 98371
j cS/1
SST LOBBYIST INTERLOCAL AGREEMENT Page 8 of II
REDMOND:
CITY OF REDMOND
By:
(signature)
Print Name:
Its
(I"itle)
DATE:
NOTICES TO BE SENT TO:
LJ _-_ (telephone)
LJ _-_ (facsimile)
APPROVED AS TO FORM:
RENTON:
SEDRO-WOOLEY:
CITY OF RENTON
CITY OF SEDRO- WOOLEY
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
.
L-J _-_ (telephone)
L-J _-_ (facsimile)
L.J _-_ (telephone)
L.J _-_ (facsimile)
APPROVED AS TO FORM:
APPROVED AS TO FORM:
SST LOBBYIST INTERLOCAL AGREEMENT Page 9 of 11
" I
TUKWlLA: WOODINVILLE:
CITY OF TUKWILA CITY OF WOODINVILLE
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Title) (Title)
DATE: DA IE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
..
<--J _-_(telephone) L-J _-_ (telephone)
<--J _-_ (facsimile) L-J _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
P:\CiviI\ATTORNEYS\PatlSST.LobbylntetlocaL111004.DRAFT.doc
SST LOBBYIST INTERLOCAL AGREEMENT Page 10 of 11
,," ," . '
EXHffiIT "A" - GENERAL SCOPE OF SERVICES
A. Provide general lobbying assistance to the City of Kent and cities working in coalition with Kent,
regarding the issue of "Streamlined Sales Tax" (SS!) - arid particularly with regard to the local sales
tax "sourcing" provisions ofSST.
B. Assist the City of Kent, and cities working in coalition with Kent, with development ofan overall
strategy and plan related to legislation, stakeholder outreach, informational materials, and financial
modeling.
C. Participate in strategy sessions and discussions regarding the SST/sourcing issue with officials of the
City of Kent and other cities working in coalition with Kent, prior to the start of the 2005 Session of
the Washington State Legislature.
D. Attend meetings with key state legislators that may take part prior to the start of the 2005 Session of
the Washington State Legislature.
E. Represent the interests of Kent IUlq otl1er cities working in coalition ~th Kent, on SST/sourcing in
Olympia, particularly with regard to: communication with legislativeleadershìp; lawniåkerSw1io~chaÍI'
and/or have membership offiscal committees withjwisdiction over the SST/sourcing issue; the
Governor's Office and Office of Financial Management; the State Department of Revenue; the
Association of Washington Cities (A WC) as necessary; and other parties as jointly detennined to be
necessary by the City and Contractor.
F. Assist the City of Kent and cities working in coalition with Kent on preparation, background, and
infonnation that may be necessary for any legislative hearing or meeting, or any Executive Branch
meeting, with respect to SST/sourcing.
G. Develop a main point of contact for regular reporting on the progress and status of the SST/sourcing
issue, as well as a regular pattern of reporting in writing or verbaIly. Main point of reporting contact in
Olympia shaIl be the City of Kent's Government Affairs Consultant - Doug Levy, Owner/Consultant,
Outcomes By Levy. Main point of reporting contact for SST/sourcing matters outside of Olympia
shall be Mike Martin, Chief Administrative Officer, City of Kent.
H. Complete in a timely and accurate fashion all forms and reports required of lobbyists by the state and
other lawful jurisdictions.
1. Provide timely telephone or e-mail updates as jointly detennined necessary by the City and Contractor.
---.-
-----~_._- -. - - ----
SST LOBBYIST INTERLOCAL AGREEMENT Page 11 of 11
~--
ISSAQUAH: OLYMPIA:
CITY OF ISSAQUAH CITY OF OLYMPIA
By: BY:~..i¡ ;:t~~
~ Print Name: ~ fT¡u-k.h
Print Nøme:
lIS JIB "'If oil..
(1Il1o) (/IIIc}
DATE: DATE: Nøv,.:I3 ;>nt> 'f
I
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
LJ _0_ (Idephone) L..> _-_ (telephone)
LJ_-_ (famile) L..> _-_ (facsimile)
APPROVED AS TO roRM: APPROVED AS TO 'ORM:
-øtl ~./~
SST LOBBYIST IHI"ERLOCALAOREEMÐIT "'1 or IJ
'.~
-
RENTON: SEDRO-WOOLEY:
CITY OF RENTON CITY OF SEDRO-WOOLEY
By:=I(d¡ ~. J~ By:
(11_) (./palun)
Print Name: Kathy Keolker-Wheeler Pñnt Name:
Its Mayor Its
11P-!¡lbý (Till.)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
<-.) _-_ (telephone) '----J _-~ (telephone)
<-.) _-_ (facsimile) '----J _-_ (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
Renton Attest: ~ J. f:lf/I"A,..
BonnJ.e I. Wa ton
City Clerk /.1-9~.,tddp'
. ·:~~:F2~~;:·:~¿~\ .,
- - - ~'... ."....
~~~ ~ -. :J".~
-, . - "7 =::::-
-~.:;,. -'. ' ,
....... .......
. "
'. .-
v
55T LOBBYIST OO1!IU.OCAL AGREEMENT Pip 9 or 11
'.
n . .. ----~-- -
"--,...-- .",..-
'\ "
'..'
TUKW!LA:
WOODINVILLE:
F--
CITY OF WOODINVILLE
By:
Print Name:
Its
DATE:
(&IpoIot<)
(1111<)
!W1;!ç,¡;c¡ IQ}tE SENT TO:
-----..-...~
Ca:::b)1fM..-Im (telephone)
~Jß3:Jlli (facsimile)
L.J _-_ (telephone)
L.J _-_ (facsimile)
APPROVED AS TO FORM:
~~I··.
e;
........-........ 'N J Km<joYl-
~"".'
._~ - - --
T"> . .1iI'r',
, "
,..~_._.
''''~