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HomeMy WebLinkAboutGordon Thomas Honeywell 2016 Consulting AgreementCONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO This Agreement is entered into by and between City of Pasco and Gordon Thomas Honeywell Governmental Affairs (hereinafter referred to as "Consultant"), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the "Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment "A." C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in Attachment "A." D. Term. This Agreement shall commence on January 1, 2016, for a term of one (1) year terminating on December 31, 2016; unless terminated by either party with sixty (60) days written notice. This Agreement shall also be automatically renewed for annual terms thereafter, unless terminated by either party by written notice given six days (60) days prior to the date of termination. During each renewal term, the parties may renegotiate Attachment "A" providing for the annual Scope of Work and compensation. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of the City of Pasco or its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. F. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower Consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. G. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or product liability of Consultant, and/or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. H. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs and successors. ,Z) 0sa I. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. J. Arbitration. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve such dispute. hi the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Franklin County Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. K. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto. Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties. Any provision hereof which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. GORDON THOMAS HONEYWELL GOVERNMENTAL AFFAIRS Dale Learn, Vic sid nt Date: i Z / Z -. % ( S CITY OF PASCO Dave Za e , Mana er Date: I —1 ` `v Federal Consulting Agreement Gordon Thomas Honeywell & City of Pasco Page 2 of 3 ATTACHMENT "A" TO CONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO A. Scope of Work: Consultant shall provide the City of Pasco with the following federal governmental affairs services: • Identify and track all federal grants and initiatives that are available to the City of Pasco that impact funding for priority transportation and economic development projects. • Lobby the Washington State Congressional delegation and other federal officials as necessary to pursue federal grants and initiatives, including various federal infrastructure packages: 1) for a road and/or bridge projects related to the Lewis Street Overpass Project; 2) authorization and potential funding for lowering Pasco Levee 12-2 as the final link in the Sacajawea Heritage River Trail. • Identify, track and lobby for federal grants and initiatives that benefit the City of Pasco. • Work with the City's state legislative consultant to identify, track and lobby for joint state and federal initiatives, grants and programs that could benefit the City. • Work as a liaison between the City of Pasco and federal officials, Members of Congress, congressional staff and Administration representatives to impact issues and projects important to the City. • Assist in organizing meetings for City of Pasco officials, local community leaders and business leaders to support the congressional requests and provide the City of Pasco with periodic reports and updates on effort, status and progress. • Work with local, regional, state, and federal organizations and entities with common interests to the City of Pasco and its partners on federal grants and initiatives that are mutually beneficial to all parties. • Periodically meet in-person with City of Pasco officials to discuss issues, projects and the status of the City's federal program. B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $5,000 for the services listed above. Consultant shall only bill communication expenses. The expenses shall not exceed $2,500 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for services performed on a monthly basis, and (b) the City of Pasco shall pay each of Consultant's invoices within thirty (30) days after the City's receipt and verification of invoice. D. Term of Agreement: Consultant's services shall commence on January 1, 2016 and shall terminate on December 31, 2016. Federal Consulting Agreement Gordon Thomas Honeywell & City of Pasco Page 3 of 3