HomeMy WebLinkAboutTip StrategiesCITY OF
AUBURN
WASHINGTON
Agreement for Services
This Agreement is made effective as of September 22th, 2015, by and between TIP STRATEGIES, INC and the
CffY OF AUBURN. The parties agree as follows:
1. DESCRIPTION OF SERVICES. TIP STRATEGIES agrees to provide the consulting services set forth in
the Scope of Work attached hereto as Exhibit A, by this reference made a part hereof, for the purpose of
conducting professional services for the development and acceptance of a Ten (10) Year Economic Development
Strategic Plan.
2. PAYMENT. For services delivered under the Scope of Work, the CITY OF AUBURN agrees to pay TIP
STRATEGIES a total not to exceed fee of $250,000 (two hundred fifty thousand dollars) pursuant to the project
budget (Exhibit B) inclusive of expenses. Notwithstanding its rate and payment provisions contained in its
proposal for services, TIP STRATEGIES 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. TIP STRATEGIES shall pay all "out -of- pocket" expenses, and shall not
be entitled to reimbursement from the CITY OF AUBURN 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 parties' signatures, and expires at 11:59 p.m. on December 1st,
2016, or upon completion of TIP STRATEGIES services, whichever is earlier, 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 OF AUBURN shall pay TIP
STRATEGIES for all work performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. TIP STRATEGIES is an independent contractor with respect to the City
of Auburn, and not an employee of the CITY OF AUBURN. The CITY OF AUBURN will not provide fringe
benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of TIP
STRATEGIES.
6. EMPLOYEES. The provisions of this Agreement shall also bind'1'IP STRATEGIES employees who perform
services for the CITY OF AUBURN under this Agreement.
7. INDEMNIFICATION / HOLD HARMLESS. TIP STRATEGIES shall defend, indemnify and hold the
CITY OF AUBURN, 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 negligent acts, errors or
omissions of TIP STRATEGIES in performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City.
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The CITY OF AUBURN shall defend, indemnify and hold TIP STRATEGIES, 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 negligent acts, errors or omissions of the CITY OF AUBURN in performance of this
Agreement, except for injuries and damages caused by the sole negligence of TIP STRATEGIES.
In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of TIP STRATEGIES and the City, its officers, officials, employees, and
volunteers, (collectively the "Parties ") the Parties' liability hereunder shall be only to the extent of each Party's
negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes
the Parties waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
8. INSURANCE (Exhibit Q. TIP STRATEGIES 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 TIP STRATEGIES, its agents, representatives, or employees.
A. Minimum Scope of Insurance: TIP STRATEGIES 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 OF AUBURN shall be named as an
additional insured under TIP STRATEGIES' Commercial General Liability insurance policy
with respect to the work performed for the CITY OF AUBURN under this Agreement.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Professional Liability insurance appropriate to TIP STRATEGIES' profession.
B. Minimum Amounts of Insurance: TIP STRATEGIES shall maintain the following insurance
limits:
1. 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 and Commercial General Liability insurance:
1. TIP STRATEGIES' insurance coverage shall be primary insurance as respect to the CITY OF
AUBURN. Any insurance, self - insurance, or insurance pool coverage maintained by the
CITY shall be excess of TIP STRATEGIES' insurance and shall not contribute with it.
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2. TIP STRATEGIES' 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 OF AUBURN.
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: TIP STRATEGIES shall furnish CITY OF AUBURN 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 TIP STRATEGIES before
commencement of the work.
9. ASSIGNMENT. TIP STRATEGIES' obligations under this Agreement may not be assigned or transferred to
any other person, firm, or corporation without the prior written consent of the CITY OF AUBURN.
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:
IF to TIP STRATEGIES, INC.:
Jeff Marcell
Senior Partner
TIP STRATEGIES
2905 San Gabriel St., Suite 205
Austin, Texas 78705
IF to the CITY OF AUBURN:
Douglas Lein
Economic Development Manager
City of Auburn
25 W. Main Street
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. 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.
14. 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.
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The undersigned have read the above statements, understand them and agree to abide by their terms.
CITV nF AUBURN
'rw STRATEGIES, INC.
Sioned: �n� signed: —�
Nancy Ba •k is e i 'cell
Title: Mayor Title: enior Partner
Date: z Z — S Date. �2 1�-)
Address: 25 West Main St7ect Address:
2905 San Gabriel St., Suite 205
Auburn. WA 95001 Austin, Texas 78705
Phune: 253 - 931 -3041 Phone: 512 -343 -9113
Page 4 of 8
Exhibit A
Scope of Work
Project Management
Team meetings I TIP Strategies (and heartland and/or the Retail Coach when appropriate) will meet
regularly with city staff and key stakeholders to present interim findings and discuss upcoming tasks. A draft
meeting schedule will be devised as part of the kick -off meeting. At a minimum, we anticipate meeting with
the full team at least once during each phase of the project (Discovery, Opportunity, and Implementation) to
present preliminary findings and discuss upcoming work steps.
Progress reports I The consulting team will provide regular updates to the client. These brief reports will
outline the progress made on a specific task during the past work period and will be provided on a monthly
bases. TIP will work with the client to determine effective procedures for issuing, format, and timing of
reports.
1. Discovery
i . I Kick -off meeting iThe outcome of the meeting will be a project management plan that will serve as the
Foundation for all work to follow.
I ? Existing conditions analysis I In addition to a tour of the area and a review of existing planning
documents, analysts will prepare a targeted analysis of demographic and economic factors. This market -
based analysis focuses on factors that define the area's overall competitiveness and highlight Auburn's
unique economic strengths and weaknesses in the context of the regional Puget Sound economy. The
following will be analyzed and reviewed:
Prior studies
Demographics & labor force
Economy & employment
Local ordinances & policies
Land use & real estate conditions
1 Market capacity study JAn assessment of Auburn's retail market, office and industrial uses will be
conducted. The focus of this task will be on identifying relevant trends to help the City (1) evolve its
industrial base from primarily warehouse and distribution to advance manufacturing, (2) enhance and
attract retail along its arterials, and (3) continue to revitalize its downtown commercial core.
1 a SWOT analysis I The Discovery phase culminates in an analysis of the City of Auburn's strengths,
weaknesses, opportunities, and threats (commonly referred to as a SWOT analysis) as it relates to the
implementation of an aggressive growth strategy.
2. Opportunity
.'.I Stakeholder engagement I The consulting team will employ a variety of methods to gather and
document the community's goals, objectives and vision for the future.
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Best practices research IThe consulting team will prepare brief case studies outlining best practices
on relevant topics. These profiles will outline the specific practice or program, along with a description of
any tools or resources used, budget and staffing (where available), and "lessons learned."
' ? Reverse site selection I The primary focus of the reverse site selection task will be presenting the
results of other tasks captured in the planning process (e.g./ workforce characteristics, incentives,
permitting, infrastructure, positioning) and compiling them in summary form and understanding how the
City is positioned to reach specific targets relative to its competitors.
f Perception survey I The consulting team will interview key influencers in the
site selection process including: site selectors, state and regional economic development allies,
and prospects.
Target industry analysis I The TIP team will employ a three - pronged approach — quantitative,
qualitative, and strategic — to identify Auburn's best prospects for future growth. For each of the target
industries, the team will prepare a profile that includes an industry snapshot, Auburn's value proposition,
typical staffing patterns, and industry resources.
6 Marketing review I The consulting team will conduct a review of the City's
current marketing promotional efforts.
3. Opportunity
The consultants will prepare a strategic plan to guide economic development in Auburn over a
ten -year planning horizon.
I Ten -year strategic plan I Based on the findings of prior tasks, input received from City staff and
stakeholders, and the experience of our consulting team, the consulting team will assist in identifying
creative strategies for Auburn. It is anticipated that these strategies will address the following: business
development, entrepreneurship, workforce development, quality of place, retail, and funding.
Retail — Specific emphasis will be placed on strategies related to the recruitment and retention of
retailers, as well as enhancing and supporting downtown retail environments.
Funding — As part of the evaluation of strategies, the consultants will work with the project team to
identify resources for implementation.
Implementation matrix I TIP will prepare an implementation matrix that addresses the following:
Actions, priority, & measurement.
Plan review, refinement, & adoption I This task will consist of making revisions to the deliverables,
as well as obtaining final approval for the plan. The consulting team (including any needed
subcontractors), will be made available to facilitate meetings with City staff, the Planning and Zoning
Commission, City Council members, and interested citizens to review and refine the plan.
TIP's fee includes the cost of printing 10 bound copies of the final report. The client will be responsible
for the production expense associated with any additional copies requested.
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Exhibit B
Project Budget
The consulting team will begin immediately upon agreement of terms. The fee for completion of this
work is 5250,000, inclusive of all fees and expenses. The City of Auburn agrees to pay the sum of
5250,000.00 to TIP Strategies for the services as outlined in Exhibit A. The sum of $62,500.00 (25% of
project cost) shall be due upon execution of this Agreement. Thereafter, the balance of the fee shall be
payable in 10 monthly installments of $18,750.00 each in alignment with the project work plan. The
final installment shall not be due until TIP Strategies has delivered the final report to Auburn City
Council. The fee is inclusive of all travel and out -of- pocket expenses. TIP Strategies will submit
invoices for all fees at the end of each the month in accordance with the City of Auburn's payment
process.
CITY'OF AUBURIN 10 YEAR-ECO`OMOIC DEVELOPMEYTtSTRATEGX 'i
ESTI PROJECT.SCHEDULE t t" c'
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Payment should be made to:
TIP STRATEGIES, INC.
2905 San Gabriel St., Suite 205
Austin, Texas 78705
Page 7 of 8
Exhibit C
Insurance
CERTIFICATE OF LIABILITY INSURANCE ag,zzrz0ls
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUfLERISI. AUTHORIZED
REPRESENTATWE OR PROOF M AND THE CEFrn FICATE HOLDER,
IMPORTANT: IT The CBRIDCaU (older ben ADDITIONAL INSURED. the POIICYIISeM moat tw Om"Bed. U SUBROGATION IS WAIVED, aUBfBCf tD
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