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HomeMy WebLinkAboutGordon Thomas HoneywellCITY OF PASCO CONSULTING AGREEMENT 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; Amendment of Attachment "A." Consultant shall promptly begin the Services hereunder on July 1, 2015 and this agreement shall continue thereafter for terms of one year, with automatic renewal of one year terms, unless earlier terminated by mutual agreement or unless either party provides 60 -days prior written notice of termination. If either party desires to amend any of the provisions of Attachment "A," such notice shall be given by providing at least 90 days' notice prior to the end of the then current term of agreement, which notice may be waived by mutual agreement. 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. G. 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. H. 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 produce liability of Consultant, and/or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. 1. 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. � vs �- 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). 11'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 ofany 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: K. 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 the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall be placed in Pasco, Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. L. 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 I'ailure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. Consultant: City of Pasco: Gordon Thomas Honeywell Governmental Affairs 2015-2016 Legistative Services Agreement Page 2 J. 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 terns or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. 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 the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RC W 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall be placed in Pasco, Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. L. 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. Consultant: City of Pasco: Gordon Thomas Honeywell Governmental Affairs Briahna Taylor, Vice President Date: i ii Dave Zabbll,G"anager AlLt;�i 2015-2016 Legislative Services Agreement Page 2 ATTACHMENT "A" TO CITY OF PASCO CONSULTING AGREEMENT A. Scope of Work: Consultant shall provide the City of Pasco with the following governmental affairs services: General Washington State Legislative Services • Identify and track all relevant legislation. • During the legislative session, provide the City with weekly reports and tracking lists. • Attend all relevant legislative hearings. • Attend all relevant legislative meetings. • Coordinate City officials to testify at relevant legislative hearings. • Lobby to amend, defeat or pass legislation or budgets that directly affect the City's interests. • Strengthen relevant legislative relationships between the City, state legislators, and executive offices. • Work with the City to develop a state budget request and lobby the Legislature to fund the request. Snecific Legislative Issues: • Obtain specific allocations for the Lewis Street Overpass within the Capital and/or Transportation budgets and assist in related grant/loan applications. • Proactively pursue changes to state law that advance the City's annexation efforts. • Protect and restore state -shared revenues that Pasco receives from the state. • Pursue reforms to the Public Records Act. • Preserve local authorities and avoid unfunded state mandates. B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $5,000 for the months of November, December, January, February, March, and April, and a monthly fee of $1,666.50 for the months of May, June, July, August, September, and October for the services listed above. Consultant shall bill expenses, including communication expenses, travel to Pasco and travel to Olympia. The expenses shall not exceed $3,000 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 City's receipt and verification of invoices. 2015-2016 Legislative Services Agreement Page 3