HomeMy WebLinkAbout3315 RESOLUTION NO. 3 3 1 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND THE GITY CLERK TO
EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETINEEN
THE CITY AND LEROY A. JONES, FOR THE PURPOSE OF PROVIDING
COORDINATING RESEARCH AND INFORMATION SERVICES THROUGN
THE YEAR 2001.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEf2EWITH RESOLVES AS
FOL-L-OWS:
Section 1. The Mayor and the Gity Glerk of the Gity of Auburn are
hereby authorized to execute an Agreement for Professional Services with
LEROY A. JONES, to provide coordinating research and information services
for fhe Gity of Auburn during the year 2001. A copy of said Agreement is
attached hereto, designated as Exhibit "A'' and incorporated by reference in this
Resolution.
Section 2. The Mayor is hereby authorized to implement sueh
administrative procedures as may be necessary to carry out the directives of
this legislation.
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Resolufion No.3315
Janwa:ry 10,2001
Page 1
� �b���
DATED and SIGNED this.� day of��r� 2001.
CITY OF AUBURN '
a
CHARLES A. BO TH
. MAYOR
ATTEST:
Danieile E. Daskam,
City Clerk
APPROVED AS TO FORM: �
,
Michael J. Reynolds, �
City Attorney
Resolution Na 3315 �
January 10,2001 �'
Page 2
� AGREEMENT FOR PROFESSIONAL SERVICES
LEROY JONES
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King Courity, Washington,hereinafter referred to as "CITY" and
with, LeRoy A. Jones� an individual whose address is 905 4th Street NE, Auburn, WA 98002,
hereinafter referred to as "CONSULTANT".
In consideration of the covenants and conditions of this Agreement,the parties hereby
agree as follows:
1. SCOPE OF WORK. '
Coordinating research,and information on 277th Project between the City of
Auburn and King CountyDepartment of Agriculture.
2. TERM.
The term of the Agreement for Professional Services shall begin upon aeceptance
the CITY and will expire as of December 31, 2001. The CONSULTANT shall be available on
an on-call basis to provide professional special legal.advice and counsel to the CITY.
3. COMPENSATION.
The total amount of the.Agreement is not to exceed$75,000.00. Compensation
shall be on the basis of the CONSULTANT hourly billing rates of$75.00 per hour: Hourly
Billing Rates include the total compensation paid to the CONSULTANT to cover salaries,
benefits, and overhead costs of the CONSULTANT. In addition to the Hourly Billing Rate,the
CITY will compensate the CONSULTANT for direct out of pocket expenses associated with '
long distance phone, fax, cellular phone, travel, copying, and any other activities related to this
Agreement. Expenses are to be itemized and ineluded in invoices. The CITY may request
documentation of expenses.
The CONSULTANT shall be paid by the CITY for completed services rendered under the
approved ind'ividual work task orders for eacli assignment. Such payment shall be full
Agreement for Professional Services JONES, LEROY
Noyember 21� 2000
Page 1
eompensation for work performed or services rendered and for all labor,materials,supplies,
equipment and incidentals necessary to complete the work. The CONSULTANT shall submit an
itemized bill to the CITY prior to payment.
The CONSULTANT shall be paid by the CITY based upon fees included on each
individual approved work task order. These fees will be"NOT TO EXCEED"lump sum figures
based on hourly rates as stated. Compensation shall include all consultant expenses including,
but not limited to, overhead;profit and direct salary costs and shall not exceed that amount as
shown on each approved individual work task order under this contract. CONSULTANT shall
not be paid for any work extending beyond the"NOT TO EXCEED" figure without prior written
approval from the CITY.
4. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality,tecliriical accuracy,
timely completion and the coordination_of all taskings and other services performed by the
CONSiTLTANT under this Agreement. The CONSiJLTANT shall,without additional
compensation, correct or revise any errors, omissions or other deficiencies in its work. The
CONSULTANT shall perform its services to conform to generally aecepted professional(legal
standards) and the program the requirements of the CITY.
Any approval by the CTTY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except
as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment
for, any of the services shall be construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of this Agreement to the full
extent of the law. \,
Agreement for P.rofessional Services JONES, LEROY
November 21, 2000
Page 2
5. INDEMNIFICATION/HOI.D HARMLESS.
The CONSULTANT shall indemnify and hold the CITY and its officers and employees
hannless from and shall process and defend at its own expense all claims, demands, or suits at
law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any
of its obligafions under this Agreement;provided that nothing herein shall require the
CONSULTANT to 'indemnify the CITY against and hold harmless the CITY from claims,
demands or suits based solely upon�the,conduct of the CITY, their agents, off cers and employees
and provided further that if the claims or suits are caused by or result from the concurrent
negligence of(a)the CONSULTANT'S agents or employees and(b) the CITY, their agents,
officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence, (2) the costs to the CITY of defending such claims and suits, etc. sha.11 be valid
and enforceable only to the extent of the CONSUI,TANT'S negligence or the negligence of the
CONSULTANT'S agents or employees. The provisions of this section shall survive the
expiration or termination of this Agreement.
6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent contractor
and not the agent or employee of the CITY and that no liability shall attach to the CITY by
reason of entering into this Agreement except as otherwise provided herein: The parties agree
;
that this Agreement may not be assigned in whole or in part without tKe written eonsent of the I
CITI'.
7. NONDISCRIMINATION:
The CONSULTANT may not discriminate regarding any services or activities to which
this Agreement may apply directly oi through contractual,luring, or other arrangements on the
grounds of race, color, creed,religion, national origin, sex, age, or where there is the presence of
any sensory,mental or physical handicap.
8. OWNERSHIP OF RECORDS AND DOCUMENTS.
Agreement for Professional Serviees JONES, LEROY
November 21, 2000
Page 3
The CONSULTANT agrees that any and all drawings, computer discs, documents,
records, books, specifications, reports, esfimates, summaries and such other information and
materials as the CONSULTANT may have accumulated, prepared or obtained as part of
providing services under the terms of this Agreement by the CONSULTANT, shall belong to and
shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to
maintain all books and records relating to its operation and concerning this Agreement for a
period of six (6)years following the date that this Agreement is expired or otherwise terminated.
The CONSULTANT further agrees that the CITY may inspeet any and all documents held by the
CONSULTANT and relating to this Agreement upon good cause at any reasonable time within
the six (6)year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S
request, the originals of all drawings, documents, and items specified in this Section and
information eompiled in providing services to the GITY under the terms of this Agreement.
Reuse by the CITY of any of the drawings, eomputer discs, documents, records,books,
specificafions, reports, estimates, summaries and sueh other information and materials on
extensions of this project or any other project without the written permission of the
CONSULTANT shall be at the CITY'S sole risk.
9. TERMINATION._OF AGREEMENT.
This Agreeinent may be terininated by either party upon twenty(20) days written notice
to the other party, and based upon any cause. In the event of termination due to the fault of
other(s)than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services
performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the CONSULTANT
shall (1)promptly discontinue all services affected as directed by the written notice, and(2) I
deliver to the CITY all data, drawings; specifications,reports, estimates, summaries, and such
other information and materials as the CONSULTANT may have accumulated,prepared or
obtained in performing this Agreement,whetl�er completed or in process.
Agreement for Professional Serviees JONES, LEROY '
November 21, 2000
Page 4
.
10. GENERAL PROVISIONS.
10.1. This Agreement shall be governed by the laws, regulations and ordinances of the
CITY OF AUBURN, the State of Washington, King County, and where applicable, Federal laws.
10.2. All claims, disputes and other matters in question arising out of, or relating to, this
Agreement or the breach hereof, except with respect to claims which have been waived,will be
decided by a court of competent jurisdiction in King County, Waslungton. Pending final
decision of a dispute hereunder, the.CONSULTANT and the CITY shall proceed diligently with
the performance of the services and obligations herein.
10.3. The CITY and the CONSULTANT respectively bind themselves, their partners,
successors, assigns, and legal representatives to the oth'er party to this Agreement with respect to
all covenants to this Agreement.
10.4,. This Agreement represents the entire and integrated Agreement between the CITY
and the CONSULTANT and supersedes all prior negotiations,representations or agreements
either oral or written. This Agreement may be amended only by written instrument signed by
both the CITY and the GONSLJLTANT. �
10.5.: Should it become necessary to enforce any term or obligation of this Agreement,
then all costs of enforcement including reasonable attorneys fees and expenses and court costs
shall be paid to the substantially prevailing party. I
10:6. The CONSULTANT agrees to complywith all local, state and federal laws
applicable to its performance as of the date of this Agreement.
10.7. If any provision of this Agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Agreement for Professional Services JONES, LEROY
November 21, 2-000 .
Page 5
CITY OF AUBURN
/`v-
Charles A. Booth, Mayor
Date D 2 `� � �'� � _.__
ATTEST: �
DaYuelle E. Daskam, City Clerk '
APPROVED AS TO FORM:
r� ;
_ _
Michael J. Reynolds, City Attorney
LeRoy A. Jones.
BY:
Title:
Address: 905 4th Street NE
Address: Auburn. WA 98002
Phone: 253-833-3085
Fax #:
Federal Tax ID # 538-38-3474
REF. L�LEGAL�AGREEMENTS�2000UONES �
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Agreement fo,r Professional Serviees JONES, LEROY
November 21, 2000
Page 6 �
EXHIBIT A
SCOPE OF WORK
Each item of work under this Agreement will be provided by task assignment. Each
assignment will be individually negotiated with the CONSULTANT. The amount
established for each assignment will be the maximum ,amount payable for that
assignment unless modified in writing by the CITY. The CITY is not obligafed to assign
any speeific number of tasks to the CONSULTANT, and the CITY'S and
CONSULTANT'S obligations hereunder are not limited to tasks assigned in writing.
Task assignments may include, but are not lim_ited to the following types of work:
The scope of work covered by fh�s Agreement is generally deseribed as coordinating
research and information on 277 Pro�ect between the City o#A�urn and King County
� Department of Agriculture advice and counsel relating to the 277 Project.
Potential tasks in this Agreement may include, but are not limited to the following:
1. Represent Cify of Auburn's interests in negotiations, discussions, and processes
involving King County Department of Agriculture, and other consulting firms on
matters pertaining to the regu�ation, protection, beneficial use, distribution, and
development of Auburn s 277 project.
2. Advise and assist Auburn's interest in the deVelopment and eoordination of
appropriate legal, regulatory, legislative; and/or negotiation processestdesigned to
need the requirements to meet the demand as determined by the 277 project.
Agreement for Professional Services JONES, LEROY '
November 21, 2000
Page 7