HomeMy WebLinkAbout3352 RESOLUTION NO. 3 3 5 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL JOURNALISM SERVICES BETWEEN
THE CITY OF AUBURN AND MARJORIE ROMMEL FOR SERVICES
BETWEEN JANUARY 1, 2001 AND DECEMBER 31, 2001,
WHEREAS, the City of Auburn has identifed the need to provide the
citizens of Au6urn uVith information in a professional and informative format; and
WHEREAS the City of Auburn has identified the need to assign this wor
to a professional journalist to ensure the professional quality, technioal
accuracy, and timely completion of the articles; and
WHEREAS the City of Auburn has negotiated fair terms for this service.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. The Mayor of the City of Aubum is herewi4h authorized to
execute an Agreement between the City of Aubum and Marjorie Rommel fo�
joumalistic services between January 1,2001 and December 31,2001. A copy
of said Agreement is attached hereto as Exhibit "A" and incorporated herein by
this reference.
Resolution No.3352
May 10,2001
Page 1
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
DATED and SIGNED 4his 21sYday of May 2001.
CITY OF AUBURN
C�� (�� �3a�
CHARLEB A BOOTH
MAYOR
ATTEST:
,/Ul�,/.t/.l�A'� OauC�y—�
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM`
�e�s��
Michael J. Reynolds,
City Attorney
Resolution No.3352
May 10;2001
Page 2
AGREEMENT FOR PROFESSIONAL SERVICES
_ _..
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to
as "CITY" and with Marjorie Rommel, whose address is 214 N Street NE; Aubum,
Washington, 98002, hereinafter referred to as "GONSULTANT".
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
1. SCOPE OF WORK.
The CONSULTANT will be responsible for providing p"rofessional
joumalism services (writing, iriterviewing, story development, photographing,
etc.) for the development of CITY information to be prepared for distribution to
citizens of Aubum. All work will be under the direction of the Director of
Planning, or other CITY representative assigned by fhe Mayor. CONSULTANT
work will inclutle the development of articles and layout, as assigned by the CITY
representative or as suggested by the CONSULTANT, based upon mee4ings
with the CITY administration. Other work to be performed may include: serving
as the point-of-contact between the City of Aubum and the Auburn Reporter; the
review of postal codes for deliVery; the development of CITY po.sters, flyers, and
b�ochures.
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Resolu[ion 3352 Exhibit A— -
Maporie Rommel Agretment for Professional Services
May IQ 2001
Page 1
2. TERM.
The term of this agreemeM shall be until December 31, 2001
commencing on the 1s1 day of January 2001, and may be terminated by ei4her
party hereto only by providing the other party thirty (30) days written notice prior
to the termination of the Agreement.
3. COMPENSATION.
The CONSULTANT`S services shall be performed as expeditiously as is
consistent with professional skill and care, anci the orderly progress of the work.
The CONSULTANT shall be paid for seivices rendered under this contract and
such payment shall be full compensation for work p.erformed. Hours worked are
to be submitted monthly to the CITY's representative for review. Hours
submitted by the CONSULTANT will be paid fiy the purchase order, and hours
received by.the 15�h of the month will be paid no later than the 15�' of the
following month. The GONSULTANT will be paid at the rate of $50.00 per hour,
not to exceed $2,000.00 per month.
The CONSULTANT shall be reimbursed for film, processing, out-of-town
travel expenses, etc., not to exceed $300.00 per month. All reimbursable
expenses must be pre-approved by the CITY representative.
4. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the p�ofessional qualify,
technical accuracy, timely complefion and the coordination of all studies,
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Resolution 3352 E�ibit A- �
Maqbrie Rommel Agreemen[for Professional Services
May 10,2001
Page 2
analysis, designs, drawings, specifica4ions, reports and other serVices performed
by the CONSULTANT under this Agreement. The CONSULTANT shall, without
additional compensa4ion, correct or revise any errors, omissions or ofher
defciencies in its plans, designs, drawings, specifications, reports and other
services required. The CONSULTANT shall perform its services to conform to
generally accepted professional standards.
Any approval by the CITY 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 a§ a waiver of any rights under this Agreement or
ofany cause of ac4ion arising out of the performance ofthis Agreement to 4he full
extent of the law.
5. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall indemnify and hold the CITY and its officers and
employe.es ha�mless from and shall process and defend aYits own expense all
claims, demands, or suits at law or equity arising in whole or in part from the
CONSULTANT's negligence orbreach of any of its obligations under this
Agreement; provided that nothing herein shall require a GONSUL-TANT to
indemnify the CITY against and hold harmless 4he CITY from claims, demands
or suits based solely upon the conduct of the CITY, their agents, officers and
- -- ------ - ------ ----
Resolution 3352Exhibit A—
Marjorie Rommel Agreement for Professional�5ervices
May 10;2001
Page 3
employees and provided furtherthat if the claims or suits are caused by or result
from the concurrent negligence of (a)the CONSULTANT's agents or employee§
and (b) fhe CITY, their agents, officers and employees, this indemnity provision
with respect to (1) claims or suits based upon such negligenee; (2)the costs to
the CITY of defending such claims and suits, etc. shall be valitl and enforceable
only to the extent of the CONSULTANT's negligence or#he negligence of the
CONSULTANTs agents or employees. The provisions of this section shall
survive the ezpiration or terminafion of 4his 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 the wr'itten consent of fhe CITY.
7. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or
activities to which this Agreement may apply directly or through contracfual,
hiring, or other arrangements on the grounds of race, color, creed, religiqn,
national origin, sex, age, or where there is the presence of any sensory, merital
or physical handicap.
Resolution 3352 Exhibit A—
Marjorie Rommel Agreemen[for Professional Services
May 10,2001
Page 4 ,
_ _
8. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all photographs, computer discs;
documents, reports, summaries and such other informafion and materials as the
CONSULTANT may have accumulated, prepared or obtained as part of
pcoviding services under the terms of tfiis 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 Agreeriment for a period of six (6) years
following the date fhat 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 io provide to the CITY, at the CITY'S request, the originals of all
photographs, documents, and items specified in this Section and information
compiled in providing services to the CITY under the terms of this Agreement.
CONSULTANT will assign to the CITY, for the pu�poses of legal Copy�ight, all
rights to the finished pro.duct, for publica#ion in the Aubum Repoder and other
uses as mutually agreed.
_ _ _
9. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party wpon thirty (30)days
written notice to the other paity. In the event of termination due to the fault of
------ - - ----- --------
Resolution 3352 Exhibit A—
Magorie Rommel Agreerrment for Professional�Services
May IQ 2001 �
Page 5
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 pa.ragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed 6y
the w�itten notice, and (2) delive�to the CITY any and all photographs, computer
discs;documents, reports, summaries and such other information and materials
as the CONSULTANT may have accumulated, prepared or obtained as part of
' proviiiing services under the terms of this Agreement, whe4her completed or in
process.
10. GENERAL_PROVISIONS.
10.1. This Agreement shall be:governed by the laws, regulations and
ordinances of the City of Aubum, 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 deciiied by a court 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 ofithe
services and obligations herein.
Resolurion 3352 Exhibit A-
Marjorte Rommel Agrcemrn[for Professional Services
May 10;2001
Page 6
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 4his Agreement.
10.4. This Ag"reement represents the entire and integrated Agreement
between the CITY and 4he CONSULTANT and supersedes all prior negotiations,
representations or agreements either oral or written, This Agreement may be
amended only by written instrument signed 6y both the CITY and the
CONSULTANT.
10,5. Should it become necessary to enforce any term or obligation of
this Agreemerit, then all costs of enforcement including reasonable attomeys
fees and expenses and court costs shall be paid to the substanfially prevailing
party.
10.6. The CONSULTANT agrees to comply 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 unenfgrceable, the
remaining provisions shall remain in force and effect.
Resolution 3352 Exfiibi[A—
Marjorie Rommel Agreement for Professional$ervices
May t0,2001
Page 7
CITY OF AUBURN
/ v`.�o.. .
CHARLESA. BOOTH, MAYOR
Date J/Z ���20a /
CONSULTANT � S
�
/� 6� �,�.c.
MAR OR ROMMEL
Telephone: o?S 3��39-a5 71
Fax # .�53 / R �3 ' � 7`��
Federal Tax ID # 539-`�D-5 f 75
ATTEST:
�a�0.��,�k�z--
pani le E. Daskam, City Clerk
APPROVED AS TO FORMt
Michael J. ynolds, City Attorney
Resolution 3352 Ezhibi[A—
Maqorie Ro�mriel Agreement for Professional Ser4ices
May 10,2001 .
Page 8
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have.satisfactory evidence that ;yKdt�4�yv�-c. ��n2.Q�
, is the person(s) who appea d before me, and said
person(s) acknowledged the he/she/fhey signed this instrument, on oath stated that
he/she/th was/wp,re authorized to execute the instrument and acknowledged it as
the- - -- _ J��1,1�1_
_, of (corporation, sole
proprietorship, paitnership, L.L.C., or individual), to be the f�ee and voluntary act of
such party f9 r fhe uses and purposes mentioned in this instniment.
Dated �li /m�
,�..��,�
=Pp, A. e0r�11 a-ra, �d- 7a'��C. -��f .
�P .••'g10N"•• 'S� ��
% ����s �A�•.�<��
��.�io NOTARy m�, r�� Notary Publi in and for the State of Washington
, :� ---� �• � residing at Ca .
�� i PUBLIC . ;
�����' 'o_ :o��- : My appointment expires: /�^1—�3
s �
�,,'�.�... �
���c�...k a..r
Resolution 3352Exhibit A—
Maqone Rommel Agreement for Professional Services
May I Q 2001
Page 9
STATE OF WASHINGTON)
)ss.
County of King )
I certifythat I know or haye satisfactory evidence that Charles A. Booth and Danielle E.
Daskam were the persons who appeared before me, and said persons acknowledged
4hat they signed this instrument, on oafh stated that they were authorized to execute the
instniment and acknowledged it as the MAYOR and CITY CLERK of the CITY OF
AUBURN to be the free and voluntary act of such parties for the uses and purposes
menf'ioned in this instrument.
Dated �0- /-!7/
��...���
— p,. B p� � 1 R/i tt. .� '��cl�.!
= �
�PP ........ Ty� �� _
i c�'�''i��5�0 N E�,A/�tc�<�//
i Q c$r1QjARY N��; �� Notary Public in and for tfie Stafe ofWashington
� i�" ;° . �
,� ;o PUBL��, . � My appointment expires /D- �7'-0 �
� • o�;��
�1� sT•. 7p_g. , � �
1����QFWF-'`��`y
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Resolution 3352 Hxhibit A—
Mary'orie Rommel Agreement for Pmfessional Ser4ices
May 1Q 2001.
Page 10