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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. Page 1 of AUBURN • MORE THAN YOU IMAGINED 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. Page 2 of 8 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. Page 3 of 8 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. Page 5of8 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. Page 6 of 8 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' , 201 2016 1 RASE* OCT $ NOV, DEG JAN ;FEB l'„MAR APR `MAY JIJN 1UG =AUG -` 1 z s a s BM _----_ 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 the forma "a condillone Of the POUCy. CBrtaln pocclee may mquire an sn"sannem. A ataterment MI tints onfar OM& does not Confer dghd TO the CBIBfloate water In Sea Of even endarsamma s . eH,H,ucd+ PATRICK WATKINS Gpp°`r DAN FERCH ^IOni .512 -342 -2242 �iArue+ IAAT- WATKINS INSURANCE `'"""` 4332 TERAVISTA CLUB OR Mi1RL S Y CPEINOCOVdR•LCE NNDa 434 ROUND ROCK. TX 78d85 dwlnu „TRAVELERS INSURANCE COMPANY u:anTn uwm a THE HARTFORD 1 1,000.000 dwnLn e. I 1000 TIP STRATEGIES, INC. 2005 SAN GABRIEL S T _ STE 205 AUSTIN TX 78705 n,wnv f. ih15 la TO CERTIFY THAT THn PCLICIE'u OF Ih CURANCE LISTED BELO'JI HAVE SEEN IOu^U£O TO THE LV CURED RAVED . ABOVE LOi THE PC ICY PEiilGD INDICATED. NOTVITN:T.WCNI ANY R3CUIREVEYT, TEN OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH REE eCT TO W41CH Ttl10 CERTIFICATE MAY Be IOCVED OR 111Y PERT.AN. THE INCL'RN:CE AFFORDED BY THE PCLICIEO DESCRIBED HERELN IC :UEJKT TO ALL THE TER110. E%CLUOION3 AND CO.OITIOR9 Cr :UCH v6LICIEa. 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IA,C'IIMI { Lyp.Venb urrT pFBCrf f•n•]II OG11{tGarlC/.Ia1rV i� A PRO FESSIONAL L WBILfTY 105703058 9 -14 -2015 0- 14 -2016 1,000,000.00 SIR 10,000 PER CLAIM CLSCnm1 ON w PF.hOM I LOCAnCNalvblfLU Nm• KORO ter. N1nbnN RMrr�Y Tw�Oi. P w•. rPNN n rwuvil HOLDER IS AN ADDITIONAL INSURED PER THE BUSINESS LIABILITY THOSE USUAL I 550000 ATTACHED TTECHED THIS OPERATIONS, POLICY COVERAGE FORM CRY OF AUBURN 25 W, MAIN STREET AUBURN, WA 08001 BHOl1LD "m OF THE ABOVE DE SCTBBEE) POU 3 BE CANOELIEO BEGONE THE E% IRATLON MTE THEREOF. NOTICE ''\ L BE D ERDD IN 4ccDRDaIDE NLTN rlrt NL1CY vROAAla+0. PATRICK W ATKIN ^u ACORD ACORD 25 (20101051 The ACORD name and IOco arc raalslara0 marke Of ACORD Page 8 of 8