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HomeMy WebLinkAbout3328 RE$OLUTION NO. 3 3 2 8 A RESOLUTION OF THE CIN COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND TME CIN CLERK TO _ . EXECUTE AN AGREEMENT FOR RROFESSIONAL SERVICES BETWEEN _ _ THE CITY AND MICHAEL HILDT & ASSOCIATES, INCORPORATED, FOR TH- E PURPOSE OF GONDUCTING A STUDY AND PREPARING A __ _. _ _ . . _ FINANCIAL ANALYSIS OF ROTENTIAL ANNEXATION OF THE LEA HILL AREA TO THE CITY OF AUBURN.. , _ _ _ __ _ _ _ _ TNE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A FtEGULAR MEETING DULY ASSEMBLED, HEFtEWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and the City Clerk of the City of Auburn are hereby authorized to execute an Agreement for Professional Services Vuith Miohael Hildt ahd Associates, Incorporated, to conduct a study and prepare a financial analysis of potential annexation of the Lea Hill area to the City of Auburn. 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 aufhorized to implement such administrative procedures as may b:e necessary to carry out the directives of this legislafion. Resolution No.3328 February 13,2001 Page 1 % DATED and SIGNED this� day of February, 2001. CITY OF AUBURN � �.Q,� �� � oc: CHARLES A. BO TH MAYOR ATTEST: G':r,u,cca � �/ Da i.elle E. Daskam, City Clerk APPROVED AS TO FORM: �� Michael J. Reynolds, City Attomey Resolution No. 3328 February 13,2001 Page 2 INDEPENDENTCONTRACfORAGREEbIENf:CITYOFAUBURN-MICkIAELHILDT&ASSOCIATES,INC. PAGE1 INDEPENDENT CONTRACTOR PROFESSIONAL CONSULTANT SERVICE AGREEMENT � THIS AGREEMENT is made and entered this o��day of,,�*..c� , 2001, by and between the City of Anburn, a Washington municipal corporation("Cit}�') and Michael Hildt & Associates, Incorporated, a Washington cotporation("MHA'�. RECITALS WHEREAS,tHe City and MHA desiiue to enter into an Agreement to formalize their relationship; and WHEREAS,it would be beneficial to:the City to ntilize 1VIHA as an independent corisultant to conduct a study and pcepaze a financial analysis of potential annexation of the Lea Hill azea to the City; and WHEREAS, the City has deternriried that MHA is well qualified to perform the required professional services; __ _ NOW,THEREFORE, in consideration of the terms and conditions contained in this Agreement, the parties covenant and agree as follows: AGREEMENT 1. Services to be Provided by the Parties: 1.1 MHA shall complete in a satisfactory and proper manner as determined by the City,the pTofessional services described in tlie "Scope of Services'' (Attachment 1). , 1.2. The City will provide such reasonable assistance and guidance as may be re.quiied to support the objectives set fo;th in the Scope of Serdices; including providing info;mafion from the Ci_ty's files and records,preparing maps available from the City's Geographic Information System,making its officials and employees available for meetings;and will provide compensation for services as set forth in Section 3 below. Resolutian No 3328 Exhibit`A' Page 1 INDEPENDENT�CANTRALTORAGREEMENT::CIIYOFAUBURN�-MiCHAELHILDTS[ASSOCIATFS,INC. PAGE2 2_ Term of Agreement-Time of PerfoTmauce. 2.1 This Agreement shall be:effective as of the date first written above and confinue until August 31, 2001. This Agreement may be extended for an additional period upon the written consent of both parties here.to. 2.2 Work shall start upon execution of this Agreement. 3. Compensarion. 3.1 The City shall compensate and reimburse MHA in accordance with the Compensation Schedule(Attac6ment 2) and for all allowable expenses agreed upon by the parties to complete the Scope of Services (Attachment 1). 3.2 Compensation and reimbursement under this Agreement sha11 be based on billings, supported by appropriate documentation of costs actually incurred or services actually performed. It is expressly understood that claims for reimbursement.shall not be submitted 'm excess of actual requirements necessary to car;y out the purposes of this Agreement. The compensation and reimbursement paid shall constitute full compensation for all itemiied out-of- pocket d'uect expenses, including but not limited to, all d'uect materials, supplies or reproduction ' costs, all labor, costs for travel, long distance telephone, and facsimile costs. The City shall pay the amount approved for payment in each such invoice w+ithin 30 days of receipt. The City agrees to pay to MHA an additional amount eqnal to 12 %inferest per month or portion thereof on any unpaid balance after 30 days of receipt of any such inVoice. 33 The total cost, including expenses, shall not exceed Forty Thousand Dollars ($40,000). 4. Consultant's Accounting Books and Records; Audit. MHA shall keep andmaintain, accurate books and records of account of all ezpendifures made and all costs, liabilities and obligations incnired undei tliis Agreement in ielation to the services perforcned for which conipensarion ispaid. These accounts,books and records shall be available, upon reasonable reqnest, to the City or its representatives for examination and audit. The City shall have the right to review and monitorthe financial and other compensation of services and work under this Agreement. MHA shall keep and maintain any such books and records for a period of no less than three (3)years from the date of termination of this Agreement. 5. Ownership of Documents. All work products, papers, notes, memoranda, coaespondence;reports, and other documents and records of any sort produced,received,held or ' maintained in conjunction with the performance of tliis Agreecnent by MHA.sha116e and aze the exclusive property of the City, except that MHA may nse such inaterials to assist otHes public agencies. 5.1 Upon reqnest of the City, or dpon compledon of any of the services provided for in this Agreement, or upon termination of tliis Agreement for ariy reason, MHA shall deliver to ------------------------ Resolution:No.3328 Exhi6it'`A' Page 2 INDEPENDENT CONTRACfORAGREEMENf:CTl'Y OF�AUBURN-MICHAEL HILDT S[ASSOCIATES,INC..____ . PAGE 3 the City, machine-reproducible copies of any and all written materials produced by MHA in the coyrse of performing the services to the City. 6. Authority;No Partnership;Independent Consultant. 6.1 Authorify. MHA does not have, and shall not hold itself ont as having,the authority to execute agreements or-to make commitments on behalf of the City and notlung contained herein shall be deemed to create the relationship of employer and employee oi principal and agent between the City and MHA. �2 No Partnership. It is nnderstood and agreedby ihe parties that notliing within this Agreement shall be construed as cieating or constitating apartnership between tlie parties. 6.3 Independent Contracton MAA is, and sha11 be at all times during tfie term of this Agreement, an independent contracfoi and not an employee of the City. The parties fully undersfand the natiue of independent contractor statds and intend to create an independent contractor relationship. MHA, and not the City, shall haue the right to control the mapnerand inearis by which the project is accomplished. The City shall retain the right, however; to enspre that the project is being perfornied according to agreed-upon specifications. Consistent with this ielationship,MHA shall not be covered by any City benefit programs, such as health and welfare benefit plans, social security, workers compensarion or unemployment compensation, and shall not be treated as an employe.e for federal or state tax purposes or any other purpose. MHA shall be responsible for paying all taxes related topayments City makes to MHA, including federal income ta�ces, self-employment (Social Secu;ity and Medicaid)taxes, local and state business apd occupation ta�ces, and the City is not responsible for withholding for or paying any of those taxes. MHA makes the following representations and warranties: 6.3.1 MHA is customarily engaged in an independently established trade, occupation,profession or business of providing these types of services, and/or MHA has a grincipal place of business for those services that is eligible for a business dednction for federal 'income tax purposes. MHA shall supply all tools and equipment necessary to complete the project. 6.3:2 On the effective date of this AgBement,MHA is responsible for filing at the,next applicable filing period a schedule of ezpenses with the Intemal Revenue SerVice for the type ofbusiness MHA is conducting. 633 On the effective date of this Agreement, or within a reasonable period tliereafter, MHA has established an account with the WashingtonDepartment of Revenue, and other state agencies;as required by the particular case, for MHA's business for the payment of all state taxes.normally paid by employers and businesses and has registered for and received a unifed business idenrifernumber from the State of Washington. 63.4 On the effective date of this Agreement, MHA is maintaining a sepazate set of books or records that reflect all items of income and expense of MHA's business. 63.5 MHA assumes full responsibility and exclusive liability forthe paycrieiit of all payroll�use, sales, excise, income or other form oftaxas, fees, licenses, ar payments requued by any City, City, state or federal legislation now enacted, or enacted during the term of this - -------------------- Resolution No.3328 Exhibit`A' Page 3 INDEPENDENTCONTRACfORAGREEMENT:CIIYOFAUBURN-MICHAELHILDT&ASSOG7ATES,INC. � PAGE4 Agreement,related to all persons employed by MHA and to all duties and requirements of t7iis Agreement. 6.3.6. MHA shall indemnify and hold hazmless the City from and against any and all costs(including attomeys fees incurted in defense) or liabilities (including payroll taxes; penalties or interest) arising out of any b.reach of the above representations and warranties or any assertion that NIHA is not an ind.ependent contractor. 6.3.7 Any and all employees of MHA, wlule engaged in the performance of the work or service required by MHA under this Agreement;shall be considered employees of MHA only;and not of the City, and any and all claims that may or might arise under the Workers Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of MHA'.s employees while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of MHA. 7. Duties of the City; Waiver of Liability. 7.1 Duties of City. The City shall make its finance director and other department directors available for interviews and for discussion of the draft report. All informarion, data and reports which are pnblic recordssubject to disclosure that the City has readily available and which MHA deems reasonably necessary for the performance of the services MHA is required to provide under this Agreement shall be fumished to MHA withont charge by the City. The City shall also fumish such maps as c.an be readily produced with the City's Geographic Information System and which MfIA deems reasonably necessary for theperformance of fhe services MHA is reguired to provide under this Agreement. The City shall reasonably cooperate with MHA as re:quested by MHA to aid MHA in the performance of the services to be rendered. 7.2 Provision.of Work Space and Waiyer ofLiability. Because MHA's services reguire that MHA conduct meetings with City officials and employees, from time to time the City may; but.is not required to,provide work space for MHA in a City.-owned or City-leased building. MHA agrees to maintain at a11 times a separate business and/or legal office for its other clients, and acknowledges that at no time may MHA conduct private business on City premises. Further, understanding that MHA may be working on City premises and that as an independent contractor;MHA and all its eii►ployees and/or subcontractois are not covered by workers compensation, MHA hereby waives any claim for personal injury incurred while working on City preinises, unless caused by the sole negligenoe of the City. 8. Termination and Close Out If IvIHA fails to comply with the terms and condirions of this Agreement, the City may pursue such remedigs as are legally available, including;but not limited to,terminarion of this Agreement in the maiuier specified as follows: 8.1 Termination. This Agreement may be terminated in whole or in part: ResolutionNo 3328 Exbibit`A' Page 4 INDEPENDENT�CONIRACl'ORAGREEMENT:CITY OF AUBURN-MICHA6L HILDT S[ASSOCIATES,INC. .PAGE$ 8.1.1 By mutual consent of the parties, in which case the parties shall devise by mutual agreement the conditions of termination, including the effective date and in case of partial termination,the portion of agreement to be terminat�; 8.1.2 If the funds allocated by the City via tiris Agreement are from anticipated sources of revenue, and if the anticipated sonrces of revenue do not become available for use in purchasingsaid services. Ifthe Agreement is tecminated undai tliis section,MHA will be paid for timeprovided and expenses incnrred pursuant to this Agreement dp to the termination date; 8.1.3 If the City fails to pay MHA pmmptly or within 60 days after inyoices aze rendered, the City agrees that MHA shall have the right to consider said default a breach of this Ageement arid the duties of MHA under this Ageement terminated. In such event, the Gi_ty shall then promptly pay MHA for all time provided and expenses incurred up to the te;mination date,including any accrded interest; 8.1.4 If MHA fails to p.erform any of the provisions,terms, or qondirions herein, the City may terminate this Ageement immediately, so long as written notice is thereafter communicated to MHA at 1VIHA's last lmown address. If the Agreement is terminated under this section, MHA will be paid fortime provided and expenses incurred pursuant to this Agreement up to the termination date; 8.1.5 T'he City may terminate this Agreement at any time for any reason upon giving at least 10 days notice in writing to MHA. If the Agreement is terminated for convenience of the City as provided herein, MHA will be paid for time provided and expenses incurred pursuant to this Agreement up to the ternvnation date. 9. Changes,Amendments,Modifieation. The City may, from time to time, requite changes or modifications in the project. Such changes, inclnding any decrease oi inorease in the amount of compensation, which are mutually agreed upon by the City and MHA shall be incorporated in written amendments to this Agreement. 10. Personnel. MHA represents that MHA has, or will seciue at its own expense, all personnel required in order to perforin under ttns Ageement. Such personriel shall not be employees of; or have any contractual relarionship to,the City. All services required under this Agreement will be performed by MHA, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or locallaw to p,erform such services. No tasks or services covered by tfiis Agreement shall be subcontracted without prior written approval of the City: Any work or services subcontracted sha11 be specified in written contract or agreement and shall be subject to each provision of tliis Agreement. 11. Assignability. MHA shall not assign any interest on this Ag�eement, and shall not transfer any interest on tlris Agreement(whether by assignment ornotation),without,prior written consent of the City, which consent may be withheld in the City's sole, subjective discrerion. Resolution No. 3328 Exhibit`A' Page 5 INDEYENDENf CONTRACTORAGREEMENf:C11'Y OF AUBURN-MICHAEL HILDT SL ASSOCIATL�S;INC. ..PAGE 6 12. Reports and Information. MHA, at such times and in such forms as the City may require, shall fiunish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement Any and all such reports required by the City aze included within the scope of services for which MHA is entitled to.compensation. 13. Nondiscrimination; Equal Employment Opportunity. MHA, and MHA's employees, agents and subcontractors, shall at all times comply with any and all federal, state or local laws, ordinances, rules or regularions with respectto nondiscriminarion and equal employment opportunity,which may at anyrime be applicable to fhe City by law, contract or otherwise.. Without limiting the generali.ty of the foregoing, MHA shall not discriminate against any employee or applicant for employment because of race, color,religion, age;sex,national origin, , handicap or marital status, and shall ensure that applicants aze employed and that employees aze I treated during employment without regard to their race, color,religion, age, sex, national origin, handicap or marital status. Further;MHA,and MHA's employees, agents and subcontractors, shall not at any time discriminate against any other person or entity because of race, color,religion, age,s8x,national origin,handicap or marital status. MHA shall keep and maintain any and all records,which may be raquired tiy law, in coanection with compliance with this secrion. 14. Wage and Hour Laws. MHA shall at all times comply with all applicable provisions of theFau Labor StandardsAct("FLSA") and any other federal or state legislation affecting MHA's employees; and the rales and regdlations issued thereunder, insofaz as applicable to MHA's employees, and sHall at all times save arid hold harmless the City, its officers, agents and eaiployees free, cleaz and harmless from any and all actions, claims, demands apd expenses arising out of the FLSA orother legislation and any rules and.regulations that are or may be promulgated in connecrion the FLSA. 15. Copyright. No report; maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of MHA. 16. Compliance with Local Laws. MHA shall comply with a11 applicable laws,ordinances, and codes of the state and local government and MHA shall save the City harmless with respeot to any damages arising ffom any toit done in performing any of the work embraced by this Agreement. Resolntion No. 3328 Exliibif`A' Page 6 INDEPENDENT CAN1RACfORAGREEMENf:CTTY OFAUBURN-MICHAEL HILUT&ASSOCIATES,INC. _.PAGE'7 17. Hold Harmless. MHA shall defend, indemnify and hold hannless the City, its appointed and elecrive officers, officials, employees, agents and volunteers from and againstany and all losses, clums,injuries; liability, costs and expenses,including defense costs and legal fees, ansing out of and in connection with or incident to negligent performance of this Agreement by MHA;provided, however; that thisparagraph does not purport to indemnify the City against liability for damages caused by the sole negligence of the City, its officials, agents,or employees. In the event MHA and the City aze both negligent, each parry shall be responsible in proportion to its negligence. 18. Industrial Insurance Waiver With respect to the performance of this Agreement and as to claims against City, its elected or appointed officials, offioers, agerifs and eiriployees, MHA expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreemerit sfiall extend to any claim bropght by or on behalf of any employee of MHA. THis waiver is mutually riegotiated by the parties to this Agreement. 19. Insnrance Prior to commencing work, NIHA shall pmcure and maintain for the entire term of this Agreement at MHA's own cost and expense, the following insurance against claims for injuries to persons or damage.s to property,which may arise from or in connection with the performance of this Agreement by MHA, its agents, officers; employees, or subcontractors. Commercial General Liability: Five Hundred Thousand Dollars ($500,000.00) combined single limit per occurrence for bodily injury and property damage, and one Million Dollars ($1,000,000.00) aggregate: Coverage shall be on an "occurrence"basis. Such insurance as carried by MHA is prunary over in§arance carried by City. Comprehensive Automobile Liability: Five Hundred Thousand ($500,000.00) combined single limit peracciderit for 6odily injdry or properfy dainage including coverage for owned, hired and non-owned automo.biles, The coverage shall inclnde owned,hired and non-owne.d anto.mobiles. Workers' Compensation and Employer's Liability: Workers' Compensation covgrage as required by the State of Washington. MHA shall provide a certificate of insurance for the commercial general liability policy listed above to the City. Resolurion No 3328 Extri6it`A' Pagb 7 INDEPENDENC CANTRAC.TOR'AGRFFMRNT;C1TY.OFAUBURN.�MICHAEI.�HILDT SC ASSOCIATES�INC. PAGE H 20. Representatives; Notices. For purposes of administration of tfiis Agreement,the representative of the City and the representatiVe of MHA aie set forth in tliis section below. All notices shall be delivered personally oc may 6e mailed liy certified mail, retuin receipt requested, to.the othei party. In tlie case of notice by mail,notice sliall be deemed given on the date of postriiark of the return ieceipt: City Diane L. Supler Finance Director City of Aubum 25 W. 1VIain Street _ Aubutn, Washipgton 98001-4998 Telephone: 253-931-3003 Fax: 253-288-3132 MHA , Michael Hildt President Michael Hildt&Associates, Inc. P.O. Box 277 Port TownsBnd, WA 98368-0277 Telephone: 360/301-0720 Faz: 360/379-8161 21. Conflicts of Inferest. MHA covenaiits that MHA Has had no interest and shall riot acquire ariy interest directly or indirectly wfiich would conflict in any inanner or degree with tlie peifoiinance of MHA's ser0ioes hereunder. 1VIHA further covenants that, in the performance.of tliis Agieeinent, no person having any such interest shall be employed by MHA. 22. Successors and Assigns. This Ageement shall be binding upon the parties,theirheirs, pefsonalrepresentatives, successors and assigns. 23, Applicable Law; Venue. This Agreement shall be govemed by the laws of Washington State. Venue for any action under this Agreement shall be in King County;Washington: 24. Arbitration of Disputes. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Washington. Parties agree that any dispute arising out of the conduct of ttris Agreement sHalLbe subriiitted to binding arbitiation. Each party shall select one az6itiator a�d those two aibitratois shall salect a tliird azbitiator. The dispute shall be settled with a majorify of:arbitrators-prevailirig. The decision of the aibitration panel sfiall be binding on all parties,and sha116e enforceable, if necessary, in the Superior Court for King County, State of Washington. Allocation beYvi+een paities of payment ofcosts of arbitration shall be detemuned by the panel of arbit�ators, and their deterininarion sHall be final. ------------------------ Resolution No.3328 E�cliibii`A' Page 8 INDEPIIVDENTCONTRACfORAGRF.HMF.NT:CITYOFAl7BURN-MICHAELHILI)T&ASSOCUITFS,INC. PAGE9 25. Severability. If any term or provision of this Agreement is held invalid, the remainder of such terms or provision of this Agreement shall not be:affected, if such remainder would then continue to conform to the terms a�d requirements of applicable law. 26. Entire Agreement; Amendments. This Agreement, together with the Attachments, represents the entire and integcated agreement between the City and MI-IA aud supersedes all prior negotiations,representations, oi agreements. Tkns Agreeinent may be amended only by a ' written instrdtnent signed by both tlia City and MHA. The attachments to this Agieement are identified as follows: AttacLment 1: Scope of Services, consisting of 1 page. Attachment 2: Compensation Schedule,consisting of 1 page. Attachment 3: Map of"Eotential Annexation Area-Lea Hill," consisring of 1 page. IN WITNESS WHEREOF the City and MI-IA have executed tlus Agreement as of the date and year last written below. Resolurion No. 3328 Ezhibit`A' Page 9 INDEPENDENTCONl'RACfORAGREEMENT:C11'YOPAUBURN.-.MICHAELHILDT&ASSOCfATES;INC.. . ._ ._ _-. _PAGE10 / � � �p T� DATED thi��dayaf�-t�-�- , 2001. DATED thiso�� da of �! ,2001. — Y �. _ CITY OF AUBURN - MICHAEL HILDT&ASSO TES;INC. l �,�.o..�,.ec.�l7 �. �Qc-1 � CharlesA. Booth, Nlayor Mi ael Hil _�ent ATTEST: Dan Ile E:Daskam City Clerk APPROVED AS TO FORM: ,����.� � Michael J. Reynolds CityAttorimey PUBLISHED: ��/f__ � Resolution No.3328 Exliibit`A' Page 10 INDEPENDENT CONfRACI'ORAGRP.EMENT:CI1Y OF AUBURN-MICHAEL HII.DT&ASSOQATES,INC.. .PAGE 11 ATTACHMENTI SCOPE OF SERVICES Task 1: Inventory the current level of serdices within the Lea Hill Annexation Area as described in Attachment 3. Task 2: Estimate the cur;ent and pmjected(to 2006)costs of providing servicesto the Lea Hill azea at a similar level of service as.that provided by the City within its current city limits. Such estimates will rely on available information and will not include engineering reconnaissance. Task 3: Estimate the current and projected(to 2006)net revenues that would be received by the City if the Lea Hill area were annexed to the City. Task A: Estimate the effects of annexation on King County Fire Districts 44 azid 46. Task 5: Identify and evaluate alternative implementa6on strategies. Task 6: Prepaze aad s"u6mit a draft report. Task 7: Prepare and sutimit a fmal report. Resolution No. 3328 Exhibif`A' Page 11 ATTACHMENT 2 COMPENSATION SCHEDULE The City will pay MF3A's designated hourly fees and expenses for services rendered as set forth below: Professional Fees Michael Hildt $150/how Exnenses D'uect, odt-of-pocket costs for document reprodncrion,postage, etc. will be rennbuised to MHA at MHA's actnal cost. Auto mileage for necessary travel will be reimbursedat the rate of$0.325 per mile. FoT the services performed, MHA will be paid monthly as charges accrue. The hourly fees will include direct labor costs, overhead costs and all indirect costs of MHA such as office equipment, corriputer use, local telephone, etc. Direct costs of perfornung services, such as travel, document reproduction, long distance telephone,materials,supplies,postage and facsimile costs,etc:,will be reimbursed to MHA. MHA is expected to submit invoices on a monthly basis unless otherwise indicated in this Agreement. � � I -- A O 1 SE 282ND T = D G ru � SE 288TH ST r�'i _ N D N � C Z _ � C7 � � D = � D � � HOLT/COBSLE CREEK D ANX 0004-00 � < � ,i;,ii��i,;;, � � � � SE 304T1-I ST � �_ MILLER � SE 31��3�Q a�" y ;,/�oi//�j;%%///'�%%•.:_ � � . .. .. � � O'� c � m "�y _ —, sw LEn r� _ �� NPXAT$�P �9 '�< S T FE . _ I-FERREN ANX0001•00 MAIN T� I I — j ST�EJ.�AI]� g ANX0003-99 4 � - ,�� � I s� Resolution 3328 POTENTIAL LEA HILL ANNEXATIONS � � POTENTIAL ANNEXATION At.t3C11IIlEL1t.,�.�:A - � EXISfING CITY LIMITS I� ANNEXATIONS IN 2001 ���� � �� . AMENDMENT 1 INDEPENDENT CONTRACTOR PROFESSIONAL CONSUL'I'ANT SERVICE A G R E E M E N T RECITALS WHEREAS, the City of Aubu;n("City") and Michael Hildt & Associates, Inc. ("1qIHA") entered into an Agreement on Febrqary 6, 2001 to conduct a study and prepare a financial analysis of potential annexation of the Lea Hill azea to the City; and WHEREAS, the City and MHA desire to amend the Agreement; NOW,THEREFORE;the parttes covenant and agree that Paragraphs 2 and 20 of the Agreement shall be amended as follows: AGREEMENT 2. Term of Agreement-Time of Performan_ce. 2..1 This Agreemen4 shall be effecrive as of the date first written above and continue until�ugau�-3-�, Sentember 30. 2001. This Agreement may be extended for an additional perio.d upon the written consent of both parties hereto. 2.2 Work shall start upon execurion of this Agreement. 20. Representatives; Notices. For putposes of administration of this Agreemept, the representative of the City and the representative of MF�A are set forth in this secrion below,. All notices shall be delivered personally or may be mailed by certified mail;return receipt requested, to the other party. In the case of notice by mail,notice shall be deemed given on the date of postmark of the return receipt. City Bi,ax�-b.�£ugl� Paul Krauss ����s�-Bi�ste� Plannine Director City of Aubum 25 W. Main 8treet Auburn, Washington 98001-4998 Telephone: 253-931-3899 3091 Fa�c: 253-931-3053 : . • AMENDMENTI INDEPENDEM CON7RAGTOR AGREEMENT:C1IY OF AUBURN=MICHAEL HILDT&ASSOC[ATES;INC. PAGE 2 MHA Michael Hildt President Micliael Hildt & Associates, Inc. P,O. Bqx 277 Port Townsend, WA 98368-02'7'7 Telephorie: 360/301-0720 Faac; 360/379-8161 . IN WITNESS WHEREOF the City and MHA have executed this Amendment as of the date and yeaz last written below. / !f —� DATED this lf day of �t..+�.� ,2001. DATED this(�day of ✓��"� , 2001. TY OF URN MICHAEL DT&ASS CIATES,INC. / Paul KrausgPlaririing Director i el Hildt, Presiderit -� � . �� Charles A. Booth Mayor App=oved as to form: � Michael J. Reynolds City Attorney