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HomeMy WebLinkAbout3834 RESOLUTION NO. 3834 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 form¡at; and WHEREAS, the City of Auburn has identified the need to assign this work to a professional journalist to ensure the professional quality, techniçal accuracy, and timely completion of the articles; and WHEREAS, the City of Auburn has negotiated fair terms for this sE~rvice. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is herewith authorizE~d to execute an Agreement between the City of Auburn and Marjorie Rommel for journalistic services in substantial conformity with the Agreement 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. 3834 March 2, 2005 Page 1 of2 Section 3. EFFECTIVE DATE. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED this~day of~, 2005. ATTEST: !Jilt£¡¡ ¿!J~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 3834 March 2, 2005 Page 2 of2 CITY OF AUBURN \\;~~ ~ PETER B. LEWIS MAYOR 7 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into by and between the CITY OF AUElURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY," and 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, media contacts, etc.) for th,e development of CITY information to be prepared for distribution to the citizens of Auburn. All work will be done through the Mayor's office. CONSULTANT work will include the d,evelopment of articles and layout, as required 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 and other publications and media; the review of postal codes for delivery; the development of CITY posters, flyers, and brochures. 2. TERM The term of this agreement shall be January 1, 2005, to December 31, 2005, and may be terminated by either party hereto only by providing the other party thirty (30) days written notice prior to the termination of the Agreement. 3. COMPENSATION Exhibit "A" Resolution No. 3834 March 2, 2005 The CONSULTANT'S services shall be performed as expeditiously as is consistl~nt with professional skills 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. Invoices are to be submitted monthly by the CONSULTANT to the CITY'S representative for review. Invoices submitted will be paid by purchase order and when received by the 15th of the month will be paid no later than the 15th of the following month. The CONSULTANT shall be paid a flat rate of $5,000 per month. 4. RESPONSIBILITY OF CONSULTANT The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all interviews, stories, reports, photograph:s, media contacts and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, I~missions or other deficiencies in the articles, stories, reports, photographs and other services requested by the CITY. The CONSULTANT shall perform the services requested 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 their services. Except as otherwise provided herein, neither the CITY'S review, approval or accept~tnce of, nor payment for, any of the services shall be construed to operate as a waiver of any rig hts under this Agreement or of any cause of action arising out of the performance of this AgreE~ment to the full extent of the law. 5. INDEMINIFICATION/HOLD HARMLESS The CONSULTANT shall indemnify and hold the CITY and its officers and emplclyees harmless from and shall process and defend at its own expense all claims, demands:, or suits at Exhibit "A" Resolution No. 3834 March 2, 2005 law or equity arising in whole or in part from the CONSULTANT'S negligence or bre:ach 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 air 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 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 agrel~ that this Agreement may not be assigned in whole or in part without the written consent of thl~ 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 Exhibit "A" Resolution No. 3834 March 2, 2005 accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and 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 th,e 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 compih~d in providing services to the CITY under the terms of this Agreement. CONSULTANT will assign to the CITY, for purposes of legal Copyright, all rights to the finished product, for publication in the Auburn Reporter, other publications, 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 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 ,ar in process. 10. GENERAL PROVISIONS Exhibit "A" Resolution No. 3834 March 2, 2005 10.1 This Agreement shall be governed by the laws, regulations and ordinancl~s 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 thereof, 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, and legal representatives to the other party to this Agreement with respl~ct 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. 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 andl 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 previsions shall remain in force and effect. Exhibit "A" Resolution No. 3834 March 2, 2005 k Date MAR 7 2() fj CONSULTANT ~~ Telephone: ,52:53/'¡59-âS'71 I Fax#: ';;<53/ R33- '7'!? I Federal Tax ID#: 6' ~'~'ÝO -~I 7 S- ~ D ielle~~~~ Exhibit "A" Resolution No. 3834 March 2, 2005