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Home My WebLink AboutTIP Strategies - Strategic Plan * crrYOF �' . � WASHINGTON Agreement jor Servrres This Agreement is made effective as .of March 1, 2017, by and between TiP STRATEGIES ("Consultattt")and the CITY QF AUBURN ("City"). The parties agrcc ns follo�vs: 1. DESCRIPTION OF SERVICES. The Consultant agrces to provide coasultin� sc7vices sct forth in the Scope of Work attached hereto at F.xhibit A, by this refercnce made a part hereof, for the purpose of conduc�ing professional services, real-estate analysis, updates and support. t. PAYMEl\T. For services delivered under the Scope of Work, the City agrees io pay Consultant a total not [o exceed fee of$I5,000.00(titteen thousand dollars)pursuant to the project bddgel(Exhibit B) inclusive of all exoenses. Notwith:suinding its rute and pay7nent provisions contuined in its proposal fox scrvices, the Consdltaqt upderstands ¢nd agrees thet payment, must go through City Council authorization at a regularly scheduled CounciC meecing and as'such, paymen� shatl only occur afteT Uus authorizacion has been reccived. 3. EXPEIVSE REIMBU'RSEMENT. The Consultant stiall pay all "out-ot=pocket" expenses, and sfiall not be entitled to reimbursetnent frotn the City except for specific services,items or activities listed in the Scope of Services as reimbwsable goocis or services. 4. TEIiM/TERMINATION. A. This Agreement is effective u�on hoth partics' signamres, and expires at I L•59 p.m. on December 31, 2017, or upon completion of che Cunsult:inrs servicas, whicherer is earlier, unless exte�ided 6y mutual agecment prior to the completion of all services, B. Either pany may terminate [he Agreement by nodfying the other party in writing within seven (7) days of the intent to terminate. If this Agreement is terminated City shall �ay the Consultant for:ill work performed as of the date of terminarion. S: RELATtONSHIP OF PARTIES. The Consuhant is an independent contractor with respcct to the City of Auburn, And not aii employee of tl�e City. Thc City will not proVide frin�e bene4its, includjng healih insurancc bencfits,naid vacation,or any other employeebenefit,for the bene6t of the C�msultunt. 6. EMPLOYEES. 7he provisions of tliis Agreement shall also bind the Consultant's employees who perForm services tor the City under this Agreement. 7. INDEMMFICATION J HOLD HARMLESS. The Consuitan[ shull defend,indemnify and hold[he Ciry, iu officers,oflicials,em�loyees and votunteers harmless from any and all claims, 'rnjunes, damages, losses or suits including attomey fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement;excepf for injwies and damages caused by the sole negligenco of the Ciry. The City shall defend, 'tndeiiil�ify and hold the Consultant, its officers, officials, employces and volunteers harmless from any and all claims, injuries, damages, tusses or suits inclnding attomey fees, arising out of or resulting from the negligent acts, enors or omissions of the City in performance of this Agreement, except for injuries and damuges caused tiy the sole negligence of the Consultant In the event of liability for damages urising out ofbodily injury to persons or damages to Page 1 of 6 ,�'1 t1tJBU� * MORF: 1'tiANYOII IMAGW[D praperry caused by or resulting from the conc:urs�nt negligcnce of che Consultant aad the Ciry, its ot�icers, of�'icials, employees, and volunteers, (collectively ti�e "Parties") t1�C Partios' liability hereunder shall be only to the excent of each Party's negligence. It is fiirtlier specific+�lly i+nd expressly understood that the indemnification provided herein constitutes the Parties waiver �f im�riunity dnder Industrial Insurance Title 51 RCW, solely for the purFwses of this indemnification. This waiver has been mutually negotiaLed tiy thc Parties. The provisions of tfiis section shall swvive the expiration or termination of this A�eement. 8. tNSURANCE. The Consultant shall procure and maintain fix the duration of the Agreemcnt, insurance against claims for injuries to persons or damage to property which may arise from or in wnnecnion with the perfonnunce of the wark hereunder tSy the Consultant, its agents, represenfutives, or employees. A. Mipimum Scope of Insuranee: The Consultant shall obtain insurance of the typcs described below: I. Automobile Liability insuranc.e covering all owncd, non-owned, hircd und leased vehicles. Coverage shall bc written o� [nsurance Services Office QSO) form CA 00 01 or a substitute timn providing equivulent liabiliry coverage. lf necessury, the policy sliall be endorsed to provide contrs�ctual liability co�erage. 2. Commercial Ueneral Liabilitv insurance sh�all br• written on lS0 occurrence form CG 00 Ol and shall cover liability arising from prcmiszs, operutions, independent contractors and personal injury and advercising injury. The City shall be named as un additional insured wider the Consultant's Commcrcial Genenl Liability insurance policy with respect to the work performed for the City under tfiis Agreement. 3. Workers' Compensatiun coverage as required Hy die Indastrial lnsurance laws of the Stntc of W�ehington. 4. Professional Linbilitv insurance appropriate to the ConsultanYs profession. B. Minimum Amounts of Insurance: The Consultant shall mainta'rn ;he f�llowing insurance limits: I. Automobile Liabilitv insurance with a minimiim combined single limi[ for bodily injury and property damage of S 1.00(I,tN10 per accident. 2. C;ommercjal Genernl Liabilitv insurance shall be written with limits no less than $I.000,000 each occwrence,$2,OOO,G00 genera] aggrcgate. 3. Professional Liabilitv insurancc s}iall be written with limits no less than $L000,000 per claim and$1,000.000 policy ageregatc limit. C. Other Insurance Provisions: The insurance policies are ro contain, or be enciorsed ro contuin,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurence coverage shall be.primary inswance ati respect to the City. rliry insurance, sclf-insuranec,or insurnnec pool coverage maintained tiy the City shall be ezcess of tlie Consultant's insurancc und shall notcontribute widi it. Page 2 of 6 2. Thc Consultant's insurance shall bz en�lors�� to state that covrragc shall not be cancelled by eid�er parry,exc�pt aftci chirty(30) days prior written notice by certificd mail,return receipt reqiiested,has been given to the City. D. Acceptability of Insurers: Insurance is tu be placed with insurers with a current A.M. Best rating of nut less than A: Vll. E. VerificqHon of Coverage: The Consultant shall furnish the Ciry with original ccrtificaces and a copy qf [hc amendatory endorsemcnts, induding but not necessarily limited to the additional insured endorsemcint, evidcncing the 'rnsurance ttquirements of th"e Consultant's before commencement of the wqrk. 9. AS5IGNMENT. The Consultant's obligati�>ns under this A�eement may not be assigned or trunsferced to any other person, tirm, or corporation without the prior written ccrosent oPthe City. 10, IYOTICES. All notices required or pemiiued under this Agreement shall bc in wTiting and shall be deemcd deliYered when delivered in person or deposited in tlie United States mail, postage prepaid, addresscd as follows: IF to the Consultanr. [F to thz CCfY: Jeff Murcell Doug Lein Senior Partner Economic Development Manuger TIP Strategies Ciry of Aubum 2905 San Gabriel S[rece, Suite55p "'g �N. Main Strcet Austin,Tti 7R705 Aubum,WA 98001 Such address may be changed trom titne to timc by cither party by providing writ[en noace to thc u[her in thc manner set forth above. 11. ENTIRE AGREEME;N7'. This Agreement c<mtuins the entire agreemenf of the partics and there aze no other promises or conditions in any other agreement whether oral or written. 77iis Agreement supersedes any prior wriften or oral agreements between tiie parties. 12. AMF.iVi)MENT. Th'rs Ageemen[rnay be modified or amended if the amendmcnt is made in writing and is signed 6y'6othparties. 13. SEVERABILITY. Tf any provision of this Agreement shall be held to be invalid or unenforceabl� for any reason, the remaining provisions shall continue to be vulid und enforceuble. If a court finds that any provision of this Agreement is im�alid or unenfon:eable, but that by timicing ,uch provision ic would become valid and enfoTceable,then such provision shall be decmed to be written,construed,and enforced asso limited. 14. WAIVER OF COI�'TRACTUAL RIGHT. Thc failure of eith�r party ro enforre any provision of this Agreement shall nqt be construed as a «�aiver or limitation of that party's right ty subsequently enforce and compcl suict comFliancc with every provision of this Agreement. 15. APPLICABLE LAW. This Agreem�nt shall b� gaverned by tl�e taw�t of the State of Washingt�n. Venue frn any court nction shall be in King G�un[y, Wa.ehington. Page 3 of 6 The undersigned 6ave read the above statements, under.ctand them and agree to abide by their terms. CITY OF AUBURN � TIP ti9'RATEGIES Signeci: Signed: Nuncy a I us, Mayor Jeff Marcell, Senior Partne Date: MAR 3 0 2011 pat�: � / Address: 25 West Muin Street Address: 29p5 San Gab iel Street, Suite 550 Austin."I'X 7A705 Auburn,WA 98001 AlltSl: �� Danielle E. Daskam.City Clerk Appr ed• c� �el B.. Hei , ity Attomey Page 4 of 6 Exhibit A Sco6e of Services: The proposed w•ork is designed to align leadership aroimd a common set of tasks and policy decisions to support the continuing implementation workof the Ten-Year Economic Deveiopment Strategic Plan. St�ge 1: City Council lmplementation Wi�rkshop • TIP will facilitate an interactive discussion with lhc City Cuuncil to focus on huilding conseiisus with City leadersfiip on next steps and required commitments to execute o�the ;trategic plan. TiP's roic will includc: • Document current s[atus. TIP will work with econumic development staff co re�'iew curcent plan implementation work, inclucting City depattment engagemcnt and e�aluation of roles and res�onsibilities. � Prepare workshop materials. TLP will design the agenda lbr tliis interactive tiyorkshop and prepare meeting materials. • Facilitate implementation workshop. T1P will facilitate the interactive discussion.reviewing thc strategic plan, highlighting implementation priorides and decisions that are required to move year-one implementation forward. We anticipate this discussion ryould be wide-ranging and would inclu�e cwrent capacities,likely obstacles ro change. and expected nrxt steps. • Providr Stage l summary. TIP will �irepam a cuncise repon containing a summary of ineeting outcomes and topics discussed, as well as c�ur rernmmendations for yeaz-one implementation steps. Stage 1: End-0f-Year-0ne Evaluation and Score Card TtP will work with the City to understand the iinpact of its ei;onomic developmznt efforts, track sucaess,and rernmmend possible adjustments to the plan. T1P's role will includ�: . Review plan progress.TTP w-ill meet individually with Ciq�staff ro detennine which portions nf the plan have been completed, what has been successful,which cumponents of the plan re.quire refinement und adjustmenc,und what next steps are requirecl for implementation. • Update indicators. TIP will update the key perl'r�rmance iiidicators that are tied to Ihrec topics directly relaTed to ihe sVategies contained in th'rx plan: I) tax base; 2) rz:�l estate market; and 3) ecunomic apportunity. • Facilitate City Coiincil workshop. TIP will prusent the implcmentation scure cazd review, including performance indicators and other success metrics, to the City Council and lead a com•ersaticin regarding the required neat steps in the implementation pruce�s. Page 5 of 6 Exhibit B Cost Thc fee for conducting the outlined scope of work is $i5,0U0.00. Payment terms arc 50 pement due upon si�ature of this letter agrce.nnent with the balance payable upon completion of the End-of- Year-qne Evaluation and Score Card workshop and stiibmission of detiverables. Page b of b