The URL can be used to link to this page

Home My WebLink About2736 1 RESOLUTION NO. 2 7 3 6 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSULTING AGREEMENT BETWEEN THE CITY AND KIM SQUARED GIS, 5 INC TO PROVIDE GEOGRAPHICAL INFORMATION SERVICES TO THE CITY 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS g Section 1. The Mayor and City Clerk of the City of 10 Auburn are hereby authorized to execute a Consulting Agreement 11 between the City and KIM SQUARED GIS INC , for the purpose of 12 13 providing geographical services to the City A copy of said 14 Agreement is attached hereto, designated as Exhibit "A" and 15 incorporated by reference in this Resolution 16 Section 2 . The Mayor is hereby authorized to implement 17 18 such administrative procedures as may be necessary to carry 19 out the directives of this legislation 20 21 22 23 24 25 26 Resolution No 2736 April 17, 1996 Page 1 1 DATED and SIGNED this 6th day of May, 1996 2 3 4 CITY OF AUBURN 5 6 CHARLES A BOOTH 8 MAYOR 9 10 ATTEST 11 12 13 lth ltilh-(,(.L,iw� 14 Robin Wohlhueter, City Clerk 15 16 17 18 APPROVED AS TO FORM 19 20 ' 11 21 + / � 22 ichael J _ eynolds, City Attorney 23 24 25 26 Resolution No 2736 April 17, 1996 Page 2 CONSULTING AGREEMENT 04' / This Agreement is made effective as of April 9, 1996, by and between the City of Auburn, Planning Department, 25 W Main, Auburn, Washington 98001, and Kim Squared GIS Inc., 1229 21st Street SE, Puyallup, Washington 98001 In this Agreement, the party who is contracting to receive services shall be referred to as "Auburn", and the party who will be providing the services shall be referred to as "Consultant" Consultant has a background in geographic information systems and is willing to provide services to Auburn based on this background. Auburn desires to have services provided by Consultant. Therefore, the parties agree as follows: 1. DESCRIPTION OF SERVICES. Beginning on March 28, 1996, Consultant will provide the following services (collectively, the "Services"). GIS mapping 2. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by Consultant shall be determined by Consultant. Auburn will rely on Consultant to work as many hours as may be reasonably necessary to fulfill Consultant's obligations under this Agreement. 3. PAYMENT Auburn will pay a fee to Consultant for the Services based on $55 00 per hour This fee shall be payable monthly, no later than the last day of the month following the period during which the Services were performed. Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that Consultant shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which Consultant has not yet been paid. 4. NEW PROJECT APPROVAL. Consultant and Auburn recognize that Consultant's Services may include working on various projects for Auburn. Consultant shall obtain the approval of Auburn prior to the commencement of a new project. 5. TERM/TERMINATION. This Agreement may be terminated by either party upon 3 days written notice to the other party 6. RELATIONSHIP OF PARTIES. It is understood by the parties that Consultant is an Page 1 independent contractor with respect to Auburn, and not an employee of Auburn. Auburn will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Consultant. 7 DISCLOSURE. Consultant is required to disclose any outside activities or interests, including ownership or participation in the development of prior inventions, that conflict or may conflict with the best interests of Auburn. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to 8. EMPLOYEES. Consultant's employees, if any, who perform services for Auburn under this Agreement shall also be bound by the provisions of this Agreement. 9 ASSIGNMENT Consultant's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of Auburn. 10. CONFIDENTIALITY Consultant recognizes that Auburn has and will have the following information, - future plans -business affairs - process information and other proprietary information (collectively, "Information") which are valuable, special and unique assets of Auburn. Consultant agrees that Consultant will not at any time or in any manner, either directly or indirectly, use any Information for Consultant's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of Auburn. Consultant will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement. 11. CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement. 12. 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 IF for Auburn: City of Auburn Paul Krauss Planning Director Planning Department 25 W Main Auburn, Washington 98001 IF for Consultant: Kim Squared GISInc. Richard Kim 1229 21st Street SE Puyallup, Washington 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. 13. 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. 14. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 15. 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 wntten, construed, and enforced as so limited. 16. 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 stnct compliance with every provision of this Agreement. 17 APPLICABLE LAW This Agreement shall be governed by the laws of the State of Washington. Page 3 Party receiving services: City of Auburn By it-LS Q - CHARLES A BOOTH Mayor, City of Auburn Party providing services: Kim Squared GIS Inc. By / chard Kim Owner ATTEST 4 a)aihtcc/-o- Robin' VWohlhueter, Auburn City Clerk APPROVED AS TO FORM /Cillk`lA Michael J Reynolds, Auburn City Attorney Page 4 of 4 CO or CHARIFS A. BOOTH, MAYOR I AUBURN CITY ATTORNEY Maori CJ unman Assistant Giy TunE�1t1bt11Yi Mic h C.Amman. A Co ry Attorney 25 West Main, Auburn,WA 98001 Karen C (runner.Pnnecm„r CM (206)931-3030 Criminal (206)804-3108 James S °Hermit', Prosecutor Fax.(206)931-3053 eShc STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2736 of the resolutions of the City of Auburn, entitled "RESOLUTION NO ” I certify that said Resolution No 2736 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 6th day of May, 1996 Witness my hand and the seal of the City of Auburn this 24th day of June, 1996 Robin Wohlhueter City Clerk City of Auburn