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HomeMy WebLinkAboutPacific Public Affairs k I Co 11 AUBURN WASHINGTON Agreement for Services This Agreement is made effective as of November Z 1, 2011 by and between PACIFIC PUBLIC AFFAIRS, LLC("PPA')and the CITY OF AUBURN ("CITY"). The parties agree as follows: 1. DESCRIPTION OF SERVICES. PPA agrees to provide marketing assistance services for downtown development and redevelopment to help build market awareness and demand for CITY owned properties and downtown Auburn as a whole as set forth in Exhibit A. 2. PAYMENT The CITY will pay a fee to PPA for services provided in the amount of$20,000, for services delivered as described in the Scope of Work. PPA shall on a monthly basis submit an invoice for services performed to CITY with appropriate supporting documentation evidencing type of work performed, person who performed work, billable hourly rate of the person performing said work and other direct and indirect expenses. Notwithstanding its rate and payment provisions contained in its proposal for services, PPA understands and agrees that payments must go through City Council authorization at a regularly scheduled Council meeting and as such, payment shall only occur after this authorization has been received. 3. EXPENSE REIMBURSEMENT PPA shall pay all out-of-pocket' expenses, and shall not be entitled to reimbursement from the CITY except for specific services, items or activities listed in the Scope of Services as reimbursable goods or services. 4. TERM/TERMINATION. A. This Agreement is effective upon both party's signature, and expires at 11.59 p.m. on December 31 2012 or when all services have been provided, unless extended by mutual agreement prior to the completion of all services. B. Either party may terminate the Agreement by notifying the other party in writing within seven (7) days of the intent to terminate. If this Agreement is terminated, CITY shall pay PPA for all work performed as of the date of termination. 5. RELATIONSHIP OF PARTIES. PPA is an independent contractor with respect to the City of Auburn, and not an employee of the CITY The CITY will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of HMA. 6. EMPLOYEES. The provisions of this Agreement shall also bind PPA employees who perform services for the CITY under this Agreement. 7 INDEMNIFICATION/HOLD HARMLESS. PPA shall defend, indemnify and hold the CITY its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of PPA in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City The CITY shall defend, indemnify and hold PPA, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the CITY in performance of this Agreement, except for injuries and damages caused by the sole negligence of PPA. S. INSURANCE. PPA shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by PPA, its agents, representatives, or employees. Page 1 of 3 AUBURN * MORE THAN YOU IMAGINED A. Minimum Scope of Insurance, PPA shall obtain insurance of the types described below. 1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury The CITY shall be named as an insured under PPA's Commercial General Liability insurance policy with respect to the work performed for the CITY 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to PPA s profession. B. Minimum Amounts of Insurance: PPA shall maintain the following insurance limits: I Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability Professional Liability and Commercial General Liability insurance: 1 PPA's insurance coverage shall be primary insurance as respect to the CITY Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of PPA's insurance and shall not contribute with it. 2. PPA's insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A. VII. E. Verification of Coverage: PPA shall furnish CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of PPA before commencement of the work. 9. ASSIGNMENT PPA's obligations under this Agreement may not be assigned or transfered to any other person, firm,or corporation without the prior written consent of the CITY 10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: Page 2 of 3 IF for PPA. IF For the CITY Richard Milne Kevin Snyder Pacific Public Affairs Planning and Development Director 1403 Third Avenue, Ste. 300 25 W Main Street Seattle, WA 98101 Auburn, WA 98001 Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 11. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 12. AMENDMENT This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 13. SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14. WAIVER OF CONTRACTUAL RIGHT The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party s right to subsequently enforce and compel strict compliance with every provision of this Agreement. 15. APPLICABLE LAW This Agreement shall be governed by the laws of the State of Washington. Venue for any court action shall be in King County Washington. The undersigned ha e read the above statements, understand them and agree to abide by their terms. Signed: _ Signed: �� ✓/?' — Date: NOV 3 0 2011 Date: /2-1 4r Address: 25 West Main Street Address: 1403 Third Avenue, Ste. 300 Auburn, WA 98001 Seattle, WA 98101 Phone: 253-931 3041 Phone: 206-682 5066 Page 3 of 3 Exhibit A Summary: Pacific Public Affairs (PPA) will work to help the City of Auburn reach out to and attract potential developers for its downtown redevelopment planning efforts. The focus will be primarily on the four-block area known as Auburn Junction but will also include the larger downtown. Scope of Services: Subject to the limitations of the budget for this contract and discussions with City officials, services to be provided under this contract include the following: Task 1 Downtown Brochure & Marketing Preparation Fee: $7,500.00 Develop a new brochure/prospectus to describe the City and the attributes that make the Auburn Junction project and downtown attractive opportunities. Assist the City in creating a marketing packet that includes the aforementioned brochure/prospectus and utilizes complementary City materials. Task 2 Downtown Focused Web Site Preparation Fee. $1,500.00 Prepare pages for a stand-alone Downtown focused web site utilizing materials noted above and more detailed information as needed and available. Task 3 Facilitated Meetings with Developers Fee: $1,000 Facilitate planning and convening meetings with developers hosted by the Mayor and other appropriate government officials to discuss downtown Auburn opportunities. Task 4 Targeted Web and Print Advertising Fee. $5,000 Produce and place web and print advertising targeted to specific audiences, including development-related firms and individuals and families that may be attracted to Auburn as a desirable a place to live. Task 5 Earned Media Coverage Fee: $1,000 Seek earned media coverage of events and stories that promote Auburn as a desirable place to invest in, work and live. Task 6. Strategic Assistance and Coordination Fee. $4 000 Coordinate outreach activities with appropriate City officials and consultants, attend meetings, and provide strategic advice and updates on activities. The maximum cumulative budget for all tasks to be performed is $20,000 Assumptions: 1. -Consultant shall provide senior level staff to work on this project. 2. City has a maximum budget amount of$20,000 for the project that is inclusive of all costs and fees for the project.This fee shall not be exceeded without prior City authorization. 3. Consultant shall be authorized to hire sub-consultants, provided that no mark up charges shall be passed onto the City by having invoices submitted directly to the City as specified below 4. All external communication efforts by the Consultant shall be coordinated with City staff prior to their occurrence.Any written products to be distributed to the media, developers and other interested parties shall be first reviewed and approved by the City 5. Any and all media inquiries shall be coordinated through the City unless prior City authorization is provided. 6. All meetings involving City staff shall be coordinated first with City staff prior to scheduling with other parties to minimize potential conflicts. Schedule: All services are to be performed between the effective date of the executed contract following signature by both parties and December 31, 2012. PPA and the City shall jointly develop a detailed schedule for the conduct of each task and its associated deliverables. Costs: PPA will bill the City for the services it performs under this contract on an hourly basis according to the following rate schedule: Jim Kneeland $285.00 Sandy McCullough 225.00 Gary Moore 225.00 Richard Milne 200.00 Nancy Hammond 195.00 Ashley Bach 140.00 Support Services 50.00 Richard Milne will be the lead for PPA on this contract. Jim Kneeland, Nancy Hammond and Ashley Bach may also be utilized to provide strategic advice and assist with media outreach, document review and other tasks. Expenses Expenses incurred in the course of this work on behalf of the City will be itemized on monthly invoices. PPA does not charge for mileage within Western Washington, meals, internal copies or faxes. As needed, PPA will work with appropriate graphics services and related providers to assist in the design and production of materials. PPA will enable the City to pay invoices submitted by any such service provider directly to avoid a 5 percent markup. Pacific Public Affairs Pacific Public Affairs was founded in June 1989 with the belief that businesses, government and organizations need more from their communications consultants than an occasional press release and a brochure. Decision-making in both the public and private sectors was changing then and continues to evolve. Today neither business nor government can get anything done without understanding and planning for how their actions will be perceived by the media, special interest groups and the public. With this in mind, company founder Jim Kneeland has assembled a core team of experienced public affairs veterans who work with PPA s clients to develop and implement innovative communications strategies that will educate and motivate key decision-makers and target audiences. PPA strives to be totally involved in a client's overall goals so that the communications strategy melds with the organizations initiatives, rather than standing alone or detracting from them. This philosophy has paid off, as PPA principals have been involved in assisting clients on many of the most significant issues facing our region and our state. From the beginning, our commitment has been to limit our size and take on only a number of clients that allows principals to be directly involved with the work. Today Pacific Public Affairs consistently represents many of the nation's leading businesses on major issue challenges. Current clients include Kohlberg Kravis Roberts &Co. several major health care organizations, a number of top legal firms, and other private and public sector interests. Our areas of expertise include strategic planning and execution, government relations, media relations, crisis management, social media and grassroots organizing. The Principals Jim Kneeland founded Pacific Public Affairs in June of 1989 Jim and PPA specialize in major and emerging issues for business and government Business and government leaders frequently call on Jim for his ability to develop effective external communication strategies, including media relations, and his ability to understand political and government decision making. Prior to the formation of Pacific Public Affairs, Jim was a partner at another leading Seattle public affairs firm. He also previously worked for more than a decade in state government, including serving as Governor Booth Gardner's first press secretary Sandy McCullough is co-founder of Pacific Public Affairs. Sandy's areas of expertise include developing and implementing targeted communication plans to impact local communities and the media. Sandy also has significant experience writing, editing and producing effective written and video communication tools. Before joining PPA, Sandy served as a senior associate at another consulting firm, as a congressional press secretary an information officer in state government and in television news production for a Seattle network affiliate. Sandy is a University of Washington graduate. Richard Milne joined Pacific Public Affairs in September 1997 Richard is PPA s project manager with the responsibilities of creating, editing and producing written materials for various clients. Richard served for five years as Communications Manager for the Puget Sound Regional Council, directing all internal and external communications for the four-county growth management and transportation planning agency Richard worked for state government for more than 10 years, including four years as Gov Booth Gardner's press secretary He also worked for the Legislature,the state Department of Community Development, and as a reporter for two daily newspapers in Washington. Richard graduated from Western Washington University with a degree in journalism. Nancy Hammond joined Pacific Public Affairs in January 2001. Prior to joining PPA, Nancy was vice president of another leading public affairs consulting firm. Nancy has extensive experience in public affairs work including internal and external communications, media relations and media training, strategic planning, government affairs and grassroots-support programs. Nancy takes the lead on many of the firms communication training workshops. She has worked with a number of top-level executives on improving their communications skills. Nancy graduated summa cum laude from the University of Denver with a Masters degree in Public Administration. Gary Moore.joined PPA in 2004 after 29 years of work in Olympia. He served as Washington s first Director of Labor Relations and as the director of two state agencies: the Department of Labor and Industries and the Department of Employment Security Gary also had an extended tenure with the Washington Federation of State Employees, where his last post was executive director Gary also served in several high level positions in the Governor's office. Gary has an encyclopedic knowledge of state government and the respect of decision-makers from both political parties. At PPA, Gary focuses primarily on regulatory challenges and labor issues. His experience on both sides of the negotiating table makes him an invaluable resource for those seeking to resolve or avoid labor issues. Gary earned a bachelor's degree in political science from the University of Washington and master's degree in public administration from the University of Wisconsin. Ashley Bach is PPA s newest member joining the firm in 2008. Ashley came to PPA from The.Seattle Times, where he worked for six years as a political reporter and general assignment reporter In addition to his local and state political coverage, Ashley reported on environmental issues and demonstrated a flair for translating complicated information into readable stories and analysis. Prior to The Times, Ashley worked for several years at. The Arizona Republic in Phoenix as member of the newspaper's statehouse team covering the Legislature and political issues, and also wrote feature stories. Ashley is a graduate of the University of Oregon and, with additional newspaper experience at major dailies in Chicago, Denver and Eugene, he brings a strong knowledge of local and regional media and an ability to produce strong writing in a timely manner to PPA. Client 'Snapshots Air Washington. PPA was retained by the Greater Seattle Chamber of Commerce to build public support for airport expansion in the Puget Sound region, including a new runway at Seattle-Tacoma International Airport. Community education initiatives, political and decision-maker contact strategies and media exposure helped result in approval of expanded air transportation capacity The Everett Clinic: The Everett Clinic is the states largest medical clinic with more than 300 physicians and 1,900 employees. PPA helps this organization identify public policy priorities and work with state and federal policymakers. PPA also assists TEC in developing effective internal and external advocacy programs. Kohlberg Kravis Roberts & Co. PPA is responsible for public and community affairs in Washington for this nationally known investment firm. KKR controls more than $60 billion in U.S. and international assets. Recently, PPA assisted KKR and its companies with such issues as investor relations, employment security legislation and labor relations. PPA is also active in managing KKR's relations with public pension funds, primary sources of KKR's investment capital. Northwest Energy Systems Company LLC (NESCO) - PPA has worked with NESCO on development, regulatory approval, community outreach and related issues involved with building and operating alternative energy power plants in Washington and Oregon. NESCO has been a leader in setting new environmental standards in the independent power industry Sabey Corporation. PPA has worked for Sabey Corporation on a variety of projects, from activities surrounding a shopping mall in Spokane, to a contract dispute with Seattle City Light, to the purchase of a portion of the Providence Hospital campus in Seattle for a medical and biotech facility Washington Dental Service Foundation. Our work with the Foundation has focused on two primary areas- helping the Citizen s Watch campaign build greater public and policymaker awareness of oral health issues and promoting other activities of the Foundation and the programs it supports. A primary goal has been to help the Foundation strengthen its advocacy activities. Washington Forest Protection Association PPA was initially retained to develop a communications strategy and facilitate media outreach and editorial board visits to garner support for the landmark Forests and Fish Report. PPA continues to work with WFPA on a variety of related efforts. • Washington Roundtable PPA has worked with the Roundtable in raising the profile of the importance of the regions business climate and its effects on the economy in enhancing support for K 12 education improvement, and in working for improvements to the state's transportation system. Client References Phil Bussey Rick Cooper President&CEO Chief,Executive Officer Greater Seattle Chamber of Commerce The Everett Clinic 1301 Fifth Ave. Suite 2500 3901 Hoyt Avenue Seattle,WA 98101 2611 Everett,WA 206/389-7200 425/339-5460 Rob Andrews Laura Smith President President& CEO Northwest Retail Associates Washington Dental Service Foundation 1904 Third Ave. Suite 608 9706 Fourth Avenue NE Seattle,WA-98121 1126 Seattle,WA 98115 206/343-9204 206/528-7388 Dave Sabey President&CEO Sabey Corporation 12201 Tukwila International Blvd. Tukwila,WA 98168-5121 206/281-8700 PPA Clients. 1989-2011 • Agricultural Equity Inc. • Honeywell Inc. • Air Washington • Hylebos Waterways • ALCOA • IBM • Alliance Working for Antibiotic Resistance • Indigo Real Estate Education (AWARE) • Intel • American Fisheries Act Coalition • International Pacific, Inc. • American Forest Resources Council • John Wolfe • Anheuser-Busch Companies • Jeld-Wen • ASARCO • Kaiser Aluminum • Association of Washington Business • Kennewick General Hospital • AT&T Wireless • Kiewit • Baker Commodities • King County Airport • Battle Mountain Gold Company • Kohlberg Kravis Roberts & Company • Betts Patterson Mines • Land Recovery Inc. • Birmingham Steel • Lewis County • Boeing Company • Light Green Advisors • Boise Cascade Corporation • Manke Lumber Company Inc. • Bonneville Power Administration • Maritime News Bureau • Cascadia Development Corporation • Maveron • Channel One • McConkey.Development Co. • Citizens for Sound Transit • MFR Law Group° • City of Auburn • Microsoft Corporation • City of Everett • Miles Sand and Gravel Company • City of Lake Stevens • Montgomery Watson • Clark College • Nexstar • Coalition for Affordable Healthcare • No on 1-695 • Cogeneration Coalition • Norsat • Columbia Pacific • Northwest Aluminum Group • Costco • Northwest Energy Systems Company LLC • Davis Wright Tremaine (NESCO) • DAW Forest Products, Inc. • Northwest Forestry Association • Dawn Mining • Northwest Power Alliance • Development Associates, Inc. • Northwest Retail Associates • Echo Bay Minerals Company • Northwest Telecommunications, Inc. • Everett Downtown Association • Office of the Governor • Everett Clinic • Office of Minority and Women s Business • Federal Home Loan Bank of Seattle Enterprises (OMWBE) • Flagstar Corporation • Optimum Energy • Foster Pepper • Overton Company • Fred Meyer Inc. • OXIS International, Inc. • General Electric • PacifiCare • Gordon Thomas Honeywell • Partnership for Learning • Governor's Office of Financial Management • Pentzer Corporation • Group Health Cooperative • People for Chris Gregoire • Gryphon Investors • Pierce Commercial Bank • Hall Equities • Pharmaceutical Research and • Hecla Mining Company Manufacturers of America • HMA Yakima • Port Blakely Port of Bellingham • Washington Mutual • Port of Olympia • Washington Roundtable • Port of Seattle • Washington State Automobile Dealers • Preston Gates& Ellis Association • Providence Health &Services • Washington State Department of • Providence St. Peter Hospital Corrections • Psychiatric Institutes of America • Washington State Department of Health • Public Facilities District of Everett • Washington State Department of Social and • Publishers Clearing House Health Services Puget Sound Energy • Washington State Hospital Association • Red Lion Hotels and Inns, Inc. • Washington State Public Works Trust Fund • Reed McClure • Washington State Speaker of the House of • Regence BlueShield Representatives • Rainier Jockey Club • Washington State Treasurer • Roosevelt Development • Washington State University • Sabey Corporation • Weyerhaeuser Real Estate Corporation Safeway Inc. • Whatcom County Economic Development Saint Cabrini Hospital of Seattle Council • Salvation Army • WIDCO Waste Management, Inc. • Seattle Area Hospital Council • WP Energy Company • Seattle Cyberknife • Seattle Mariners Baseball Club • Security Pacific Bank of Washington • Swedish Medical Center • Taco Bell • Tatoo Media • Telecommunications Resource Group • Tenaska • The Celadon Group, Inc. • The City of Tukwila • The Seattle Times • The Semiahmoo Company • Thrift Recycling Management • Todd Shipyards • Unemployment Insurance Tax Equity Coalition • United General Hospital • Unified Financial Lobby • US Timberlands • VIGOR Industrial LLC • Virginia Mason Medical Center • Wal-Mart Stores Inc. • Washington Alliance for a Competitive Economy (Washington ACE) • Washington Alliance for Tobacco Control & Children s Health (WATCH) • Washington Bankers Association • Washington Beverage Association • Washington Dental Service Foundation • Washington Forest Protection Association