HomeMy WebLinkAbout3404 RESOLUTION NO. 3 4 0 4
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, 2002 AND DECEMBER 31, 2002.
WHEREAS, the City of Auburn has identified the need to provide the
citizens of Auburn with information in a professional and informative format; and
WHEREAS the City of Auburn has identified the need to assign this work
to a professional journalist to ensure the professional quality, technical
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 DULYASSEMBLED; HEREWITH
RESOLVES THAT:
Section 1. The Mayor ofthe City of Auburn is herewith authorized to
execute an Agreement befinreen the City of Auburn and Marjorie Rommel for
journalistic services between Janua_ry 1, 2002 and December 31, 2002. A copy
of said Agreement is attached hereto as Exhibit "A" and incorporated herein by
this reference.
Resolution No.3404
January 22,2002
Page 1
�
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessa.ry to carry out the directiyes of
this legislation.
DATED and SIGNED fhis 22nfl day of January 2002.
CITY OF AUBURN
.�
— 1�%
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E.�Daskam,
City Clerk
APPROVED AS TO FORM:
D ' 1 B. Hei
City Attorney
Resolution No.3404
7anuary 22,2002
Page 2
AGREEMENT FOR PROFESSIONAL SERVICES
, THIS AGREE=MENT 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, Auburn,
Wasliington, 98002, hereinafter referred to as "COIVSULTANT".
In consideration ofthe covenants and conditions of this Agreement; the parties
hereby agree as follows:
1. SCOPE OF WORK.
The CONSULTANT will be responsible for providing professional
journalism services (writing, interviewing, story development:, photographing,
etc.) for t.he development of CITY information to be prepared for distribution to
citizens of Auburn. All work will be under the direction of the Director of
Planning, or other CITY representative assigned by the Mayor. CONSULTANT
work will include the development of articles and layout, as assigned by the CITY
representative or as suggested by the CONSULTANT, based upon meetings
with the CITY administration. Other work to be performed may inelude: serving
as the point-of-eontact befinreen the City of Auburn and the Auburn Reporter; the
review of postal codes for delivery; the development of CITY posters, flyers, and
brochures.
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Resolution 3404 Exhibit A— �
Marjorie Rommel Agreement for Professional Services
January 22,2002
Page 1
2. TERM.
The term of this agreement shall be until December 31, 2002
commencing on the 1St day of January 2002, and may be terminated by either
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, and the orderly progress of the work.
The CONSULTANT shall be paid for services rendered under this contract and
such payment shall be full compensation for work performed. Hours worked are
to be submitted monthly to the CITY's. representative for review. Hours
submitted by the CONSULTANT will be paid by the purchase order, and hours
received by the 15�' of the month will be paid no later than the 15�" of the
following month. The CONSULTANT will be paid at the rate of $50:00 per hour,
not to e_xceed $2,000.00 per month.
The CONSULTANT shall be reimbucsed for fi.lm, processing, out-of-town
f�avel 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 professional quality,
technical accuracy, timely completion and the coordination of all studies,
Resolntion3.404 E�thibit A— •
Marjorie Rommel Agreement for Pcofessional Services
January 22,2002
Page 2
e
analysis, designs, drawings, specifications, reports and other services Performed
by the CONSULTANT under this Agreement. The CONSULTANT shall, without
additiona.l compensation, correct or revise any errors, omissions or other
deficiencies 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 appro�al 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 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.
5. INDEMNIFICATION/HOL-D HARMLESS.
The GQNSULTANT shall indemnify and hold the CITY and 'its officers and
employees harmless 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 fhe
CONSULTANT's negligence or breach of any of its obliga.tions under this
Agreement; provided that nothing herein shall require a CONSULTANT to
indemnify the CITY against and hold harmless the CITY from claims, demands
or suits based solely upon the conduct of the CITY, theiragents, officers and
Resolution 3404 Exhibit A—
Marjorie Rommel Agreement for Professional Services
January 22,2002
Page 3
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) elaims or suits based upon such negligence, (2) the costs to
the CITY of defending such claims and suits, etc, shall pe valid and enforceable
only to the extent of the CONSULTANT's negligence or the negligence of the
CONSULTANT's agents or employees. The proyisions of this section shall
survive the expiration or termination of this Agreement.
6. INDEPENDENT CONTRACTOR/ASSI:GNMENT.
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. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services o�
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.
Resolurion 3404 EJchibit A—
Marjorie Rommel Agreement for Professional Services
January 22,2002
Page 4
8. OWNERSHIP OF RECORDS AND DOCUMEiVTS.
The CONSULTANT agrees that any and all photographs, computer discs,
documents, reports, summaries and such other information and mate�ials 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 (6j 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 relafing to fhis 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
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 purposes of legal Copyright, all
rights to the finished product, for publication in the Auburn Reporter and other
uses as mutually agreed.
9. TERIVIINATIOIV OF AGREEMENT.
This Agreement may be terminated by either party upon thirty (30) days
written notice to the other party. In the event of termination due to the fault of
Resolution 3404 Exhibit A—
Marjorie Rommel Agreement forProfessional Services
January 22,2002
Page 5
_ _ __
other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY
for services perFormed to the d.ate of termination.
Upon receipt of a termination notice underthe above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by
the written notice, and (2) deliver to the CITY any and all photographs, computer
dises, documents, reports, summaries and such other information and materials
as the GONSULTANT may have accumulated, prepared or obtained as part of
providing services under the ferms of this Agreement, whether completed or in
pcocess.
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 jurisdic#ion 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.
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Resolution 3404 Exhibit A—
Maijorie Rommel Agreement for Professional Services
Janpary 22,2002
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 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
CONSULTANT.
10:5. Should it become necessary to enforce any term or obligation of
this Agreement, then all eosts of enforcement including reasonable attorneys
fees and expenses and court costs shall be paid to the substantially prevailing
party.
10.6. The CONSULTANT agrees fo comply with all local, state and
federal laws applicable to its performanee 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.
Resolntion 3404 Exlubit A—
Marjorie Rommel Agreement for Professional Services
January 22,2002
Page 7
CITY O N
�
V
Y
PETER B. LEWIS, MAYOR
Date Januazy 22, 2002
COiVSULTANT
�
MAR O ROMMEL
Telephone: �3 3` "` � !
Fax# a��
Federal Tax ID # ��'��O ��'� � �
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED A TO FORM:
_ . - - - - —
iel B. Heid, City Attorne . - �
Resolution 3404 Exhibit A—
Marjorie Rommel Agreement for Professional Services
January 22,2002
, Page 8
STATE OF WASHINGTON )
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County of King )
_
I certifiy that I know or have satisfactory evidence that ����a�/� ���� _
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, is the person(� who appeared before me, and said
person�) acknowledged the he/she/they signed this instrument, on oath stated that
he/she%they was/were authorized to execute the instrument and acknowledged it as
the OZ�Irt e� _._ _. _
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, of � � r-e r, _ (corporation, sole
proprietorship, partne ship, L.L.C., or individual), to be the free and voluntary act of
such party for the uses and purposes mentioned in this instrument..
Dated / 3/-C�Z
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Resolution 3404 E�chibit A—
Marjorie Rommel Agreement for Professiorial Sen+ices
January 22,2002
Page 9
STATE OF WASHINGTON)
)ss.
Courity of King )
I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E.
Daskam were the persons who appeared before me,_and said persons acknowledged
that they signed this instrument, on oath stated that they were authorized to execute the
instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF
AUBURN to be tfie free and voluntary act of such parties for the uses and purposes
mentioned in this instrument.
Dated /-�.3 � z- �
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Resolurion 3404 Exhibit A—
Marjorie Rommel Agreement for Professional Services
January 22,2002
Page 10