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Home My WebLink About3351 RESOLUTIOiV NO. 3 3 5 1 A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT TO OBTAIN TME SERVIGES OF PATRICIA MCDONALD BUTTS AS A GOVERNMENTAL RELATIONS CONSULTANT TO REFRESENT THE CITY BEFORE THE STATE LEGISLATURE, KING COUNTY, THE PUGET SOUN.D REGIONAL COUNCJL AND OTHER ORGANIZATIONS FOR THE CITY OF AUBURN DURING THE YEAR 2001. WHEREAS, The City of Auburn annuaily develops its Legislative Agenda which represents the goals and desires of the community relative to actions by the State Legislature and other agencies; and WHEREAS, the City and its residents would benefit by regular and coordinated input into the legislative process; and WHEREAS, the City finds that at this time, retaining the contract services of an individual with the experience, knowledge and talent to represent the interests of the City is a cost-effective approach to fulfilling these needs. NOW, THEREFORE, THE CIT� COUNCIL OF THE CITY OF AUBURN, KWG COUNTY, WASHINGTON; IN A REGU.LAR MEETfNG DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to enter into an Agreement for Governmental Relations Consultant Services with PATRIGIA MCDONALD BUTTS, for regular and ------------------------ Resolution No. 3351 May 1, 2001 Page 1 coordinated representation of the City of Auburn and its citizens before the Washington State Legislature, King County, the Puget Soupd Regional Council, and other organizations during the year 2001. A copy of the Agreement is attached and is designated as Exhibit "A" and is incorporated herein by this reference. Se.ction _2. The Mayor is here6y authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this�day of May, 2001. CITY OF AUBURN �I��,�c,,� �.�o�. CHARLES A. BOOTH MAYOR Resolution No. 3351 May 1,2001 Fage 2 . ATTEST: Dan Ile E. Daskam, . City Clerk APPROVED AS TO FORM: I . � Michael J. Reynol s, City Attorney Resolution No. 3351 May 1,2001 Page 3 AGREEMENT FOR PROFESSIONAL SERVICES TWIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Munieipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with PATRICIA MCDONALD BUTTS, whose address is 32211 104�' Place SE, Auburn, WA 98001, 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. � Under the direction of the Mayor and Planning Director, as a � Governmental Relations Consultant, to represent the City before the Washington State Legislature, King County, and Puget Sound Regional Council, and other organizations. 2. TERM. From January 1, 2001 to December 31, 2001. The contract may be renewed annually if both parties are in agreement. 3. COMPENSATION. J $40.00 per hour plus mileage and expenses not to exceed $50,000 per calendar year. Mileage and telephone costs to be reimbursed in a manner consistent with City policy. In the event services beyond those specified in the Scope of Work, and not included in the compensation listed in this agreement are Agreement for Professional Services Resolution No. 3175 Exhibit"A" May 1, 2001 Page 1 required, a contract modification shall be negofiated and approved by the CITY prior to any effort being expended on such services. 4. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall b.e responsible for working with the Mayor, Planning Director and City staff as directed; to: 1) ascertain and/or develop a City position on bills and policies being considered by the State Legislature, King County, Puget Sound Regional Council, U.S. Congress, and similar organizations; 2) represent the City in deliberations as requested; 3) help implement the City's legislative agenda; 4) work to develop bills and policies that further the City's goals and programs and actively pursue their approval. 5. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall indemnify and hold the GITY and its officers and employees ha.rmless from and shall process and defend at its own expense all claims, demands, or suits at law orequity arising in whole or in part from the CONSULTANT'S negl_igence or breach of any of its obligations 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, officers 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 Agreement for Professional Services Resolution No. 3351 Exhibit"A" May 1, 2001 Page�2 � � ` negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT'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[AS:SIGNMENT. 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 the written consent of the CITY. 7. NQNDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, 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_ The CONSULTANT agrees that any and all drawings, computer discs, documents, reco�ds, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated , prepared or obtained as part of providing services under the Agreement for Professional Services Resolution 3351 Exhibit"A" May 1, 2001 Page 3 terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the GITY 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 inspect 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 reques#, the originals of all drawings, documents� and items specified in this Section and information eompiled in providing services to th�e CITY underthe terms of this Agreement. Reuse by the CITY of any of the drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such 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. TERMINATIQN OF AGREEMENT. � This Agreement may be terminated by either party upon finrenty (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. Agreement for P�ofessional.Services Resolution No. 3351 Exhibit"A" May 1, 2001 Page 4 Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly diseontinue all services affected as directed by the written notice, and (2) del_iver 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, whether completed or in process. 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 aourt of competent jurisdiction in King County, Washington. 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 other 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 for Professional Services Resolution 3351 Exhibit"A" May 1, 2001 Page 5 Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT.. 10.5. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement incfuding reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 10.6. The CONSULTANT agrees to aomply with 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 unenforeeable, the remaining provisions shall remain in force and effect. CITY OF AUBURN �a�� .�e e.`�"�'� CHARLES A. BOOTH, Mayor Date -s — �'02 D e / Agreement for Professional Services Resolution No. 3351 Exhibit"A" May 1, 2001 Page 6` � ATTEST: G�� Danielle E. Daskam, City Clerk , APPROVED AS TO FORM: ' �� / Michael J. Reynolds, City Attorney PATRICIA MGDONALD BUTTS, Consultant �— BY: Authorized Signature ��r�c.� d�/�-��-�--�- �� Print or Type Name TITLE: _ _ Address: Address: Phone: Fax Social Security No: Agreement for Professional Services Resolution 3351 Exhibit"A'' May 1, 2001 Page 7