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
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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.
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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.
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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