HomeMy WebLinkAboutCulton Consulting LLC - Consulting Services Agreement CULTON CONSULTING LLC
CONSULTING SERVICES AGREEMENT
THIS CONSULTING SERVICES AGREEMENT ("Agreement"), is made and entered into effective as of June 18, 2024
(the"Effective Date"), by and between, Culton Consulting LLC, a Washington limited liability company("Consultant"),and City
of Yakima, a Washington State City ("Client"). Consultant and Client are sometimes referred to herein individually as a "Party"
and collectively as the"Parties."The Parties agree as follows:
1. Summary.
The Consultant provides professional consulting services and the Parties enter into this Agreement to specify the terms and
conditions on which Client may engage Consultant to provide services (the "Services") described in one or more written
statements of work(each, an"SOW").
2. Definitions.
The following capitalized terms used in this Agreement have the meanings set forth below:
2.1 "Affiliate"means with respect to any Party,any other Person,which controls, is controlled by,or is under common control
with, such Party. "Control" means (a)that an entity or company owns, directly or indirectly, more than fifty percent (50%) of the
voting stock of another entity, or(b)that an entity, person or group has the actual ability to control and direct the management of
the entity,whether by contract or otherwise.
2.2 "Intellectual Property Rights" means all intellectual property rights and moral rights protectible under any laws or
international conventions throughout the world, and in each case including without limitation the right to apply for registrations,
certificates, or renewals with respect thereto and the right to prosecute, enforce, obtain damages relating to, settle or release
any past, present, or future infringement or misappropriation thereof.
2.3 "Person"means an individual,corporation, partnership,joint venture,association,trust, unincorporated organization,any
federal, state or local government or any court,administrative or regulatory agency or commission or other governmental authority
or agency, domestic or foreign, or other entity.
3. Consulting Services.
3.1 Services: Deliverables. The initial SOW is attached hereto as Exhibit A and is effective as of the Effective Date. Any
subsequent SOW is effective upon mutual execution by Client and Consultant. With respect to each SOW, Consultant shall: (i)
perform all Services described therein in accordance with the terms of such SOW, and (ii) shall provide any documents or other
items that Consultant is required to deliver to Client under the terms of such SOW(the"Deliverables"). Each SOW executed after
the Effective Date is incorporated herein by reference.
3.2 Performance.Consultant shall perform the Services and provide any Deliverables in a timely,professional,and competent
manner in accordance with industry standards using qualified personnel.
3.3 Chanaes. Either Party may request changes to an SOW. Each such request must be in writing, reasonably detailed and
must include the requesting Party's good faith estimate of the impact of the requested changes(e.g.,timing and cost).Any change
to an SOW will not become effective unless in writing and mutually executed.
4. Responsibilities of Client.
4.1 Client Assistance. Client shall reasonably cooperate with Consultant's requests for information or approval in connection
with performance of the Services. Client shall also comply with any additional requirements or obligations set forth in an applicable
SOW.
4.2 Client Delays. Client acknowledges and agrees that performance of the Services by Consultant depends upon timely
performance of all applicable Client obligations and that Consultant will not be liable for delays caused by Client.
5. Payment.
5.1 Fees. Client is engaging Consultant on a monthly retainer at a rate of$5,000 per month for the Services. Consultant will
provide Client with invoices (each, an "Invoice")for Services based on the fees for such Services and expenses incurred for the
applicable time period based on the terms of this Agreement and any applicable SOW(collectively,the"Fees"). Unless otherwise
agreed in writing, Consultant will deliver a monthly Invoice to Client for all Fees. All Fees are non-refundable.
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Consultant reserves the right to adjust its rates from time to time and such rates will become effective upon thirty (30)days prior
written notice to Client.
5.2 Payment. Unless otherwise set in an SOW, Client will pay Consultant (by wire transfer or other method mutually
acceptable to the Parties)all Fees within thirty(30)days following receipt of the applicable Invoice. Late payment of Fees may be
subject to interest on the past due amount at the lesser of one and one-half percent (1.5%) per month or the maximum rate
permitted by applicable law.
5.3 Taxes. All Fees are exclusive of, and Client will pay, all taxes, duties, and assessments, however designated, which are
levied or imposed upon such Fees or the use or provision of the Services, excluding only taxes based on Consultant's net income
(for which Consultant will be responsible).
6. Intellectual Property.
6.1 Ownership. Consultant and Client reserve all Intellectual Property Rights not expressly granted herein. Client
acknowledges and agrees that any Intellectual Property Rights developed by Consultant are and will remain the exclusive property
of Consultant. Unless otherwise expressly set forth herein, nothing contained in this Agreement shall be construed as conferring
any rights by implication, estoppel or otherwise, under any Intellectual Property Rights of either Party.
6.2 License to Deliverables. Subject to the terms and conditions of this Agreement, Consultant hereby grants to Client a non-
exclusive,irrevocable, perpetual, royalty-free,fully paid up,worldwide,transferable license,including the right to grant sublicenses
through multiple tiers, to use, reproduce, distribute, and modify the Deliverables as reasonably necessary or desirable in the
normal course of Client's business.
7. Confidentiality.
7.1 Confidential Information. "Confidential Information" means any non-public information that one Party (the"Disclosing
Party")discloses to the other Party(the"Receiving Party") in connection with this Agreement or the performance of the Services
that a reasonable person would recognize as confidential based on the nature of the information and the circumstances of
disclosure,whether disclosed orally,visually, electronically or otherwise, but does not include information that; (i)has been legally
made public, other than by acts of the Receiving Party; (ii) was or becomes independently known or available on a non-
confidential basis from a third-party; or (iii) is developed independently by the Receiving Party without the use of or reference to
the Confidential Information of the Disclosing Party. Unless otherwise agreed in writing, all Confidential Information is provided
"AS-IS".
7.2 Nondisclosure of Confidential Information. The Receiving Party shall use the same degree of care to avoid disclosure of
the Disclosing Party's Confidential Information as it employs or would employ with respect to its own Confidential Information
that is not meant to be disclosed, but at all times shall use at least reasonable care to avoid such disclosure. The Confidential
Information shall be kept confidential and shall not be disclosed by the Receiving Party in any manner whatsoever, in whole or in
part, without written permission by the Disclosing Party except that the Receiving Party may disclose the Confidential Information
to its employees, advisors, officers, directors, managers, agents, owners, advisors, and attorneys that have a reasonable need to
know such Confidential Information and are subject to nondisclosure obligations no less restrictive than this Agreement
(collectively, "Representatives"). Each Party shall be responsible for the acts and omissions of its Representatives with respect
to the Confidential Information.
7.3 Use of Confidential Information. The Receiving Party shall not use the Confidential Information, directly or indirectly, for
any purpose other than as is reasonably necessary in connection with performing its obligations or exercising its rights under this
Agreement. The Receiving Party shall promptly notify the Disclosing Party of any loss, misuse or misappropriation of the
Confidential Information. Upon termination or expiration of this Agreement,the Confidential Information(and all copies,summaries
and notes of or relating to the Confidential Information) shall be returned to the Disclosing Party by the Receiving Party in
accordance with the Disclosing Party's instructions.
7.4 Reauired Disclosure. In the event the Receiving Party is requested, pursuant to subpoena or other legal process, to
disclose any of the Confidential Information, the Receiving Party shall provide the Disclosing Party with immediate written notice
so that the Disclosing Party may seek a protective order or other appropriate remedy. In the event such protective order or other
remedy is not obtained, the Receiving Party (or such other person) shall furnish only that portion of the Confidential Information
that is legally required as determined by the Receiving Party in good faith.
7.5 DTSA Notice. Pursuant to 18 USC§1833(b), an individual shall not be held criminally or civilly liable under any federal or
state trade secret law for the disclosure of a trade secret that is made: (1) in confidence to a federal, state, or local government
official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation
of law;or(2)in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Additionally,
an individual suing an employer for retaliation based on the reporting of a suspected violation of law may disclose a trade secret
to his or her attorney and use the trade secret information in the court proceeding, so long as any document containing the trade
secret is filed under seal and the individual does not disclose the trade secret except pursuant to court order.
8. Insurance. For so long as this Agreement remains in effect, Consultant shall, at its sole cost and expense, obtain and
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maintain in full force and effect: (i) insurance coverage in such amounts and covering such risks as is customarily carried under
similar circumstances by other Persons; and (ii) such additional insurance coverage as is set forth in an applicable SOW.
Consultant shall, upon request from Client, provide Client with evidence of the insurance required to be maintained hereunder.
9. Representations and Warranties.
Each Party represents and warrants to the other Party as follows:
(a) this Agreement,when executed and delivered by such Party,shall constitute valid and legally binding obligations of such
Party, enforceable against such Party in accordance with its terms except(i)as limited by the applicable bankruptcy, insolvency,
reorganization, moratorium,fraudulent conveyance, or other laws of general application relating to or affecting the enforcement of
creditors'rights generally,(ii)as limited by laws relating to the availability of specific performance,injunctive relief or other equitable
remedies;
(b) the execution and delivery by such Party of this Agreement, and the performance by such Party of its obligations under
this Agreement will be duly authorized by all necessary corporate action and does not and will not violate any law, rule, regulation,
order,writ,judgment, injunction, decree, determination or award presently in effect having applicability to such Party; and
(c) The performance by each Party under this Agreement will not conflict with or result in the breach of, or constitute a default
under, any contract, loan agreement, indenture, mortgage, deed of trust, lease, or other instrument, agreement or arrangement
(whether written or oral) binding on such Party.
10. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES AND
DELIVERABLES ARE PROVIDED "AS-IS" AND CONSULTANT AND ITS AFFILIATES MAKE NO EXPRESS WARRANTIES,
AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
REGARDING THE SERVICES AND THE DELIVERABLES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. Indemnification.
11.1 Indemnification by Client. Client shall defend, indemnify, and hold Consultant and its agents, employees, and owners
harmless from and against all liabilities, penalties, costs, losses,damages and expenses, including,without limitation, reasonable
attorneys' fees and expenses (collectively, "Damages"), in any action or claim brought by a third party arising out of or resulting
from: (i) any breach of this Agreement by Client; ii) any violation of applicable law, rules or regulations by Client; or
(iii)the gross negligence or willful misconduct of Client.
11.2 Indemnification by Consultant. Consultant shall defend, indemnify, and hold Client and its Affiliates, and their respective
agents, employees, and owners harmless from and against all Damages in any action or claim brought by a third party against
Client to the extent it is based on a claim that the Deliverables infringe any copyright,trademark, or patent, or misappropriate any
trade secrets, and Client will pay those costs and damages awarded against the Company by a court of competent jurisdiction (or
agreed to in settlement)that are attributable to such infringement or misappropriation. Notwithstanding the foregoing, both Parties
acknowledge and agree that Consultant will have no obligation under this Section 11.Z with respect to any claim of infringement
arising from the combination of the Deliverables with any services, hardware, data or business processes not provided by
Consultant.
11.3 Procedure for Indemnification. A Party entitled to indemnification under this Agreement(an"Indemnified Party")shall:
(a)provide the Party that is required to provide indemnification(the"Indemnifying Party")with prompt written notice of the lawsuit
or action (though any failure to give notice will only affect the Indemnifying Party's obligations to the extent such failure materially
impaired the Indemnifying Party's ability to effectively defend or settle the lawsuit or action); (b) give the Indemnifying Party sole
control of the defense of the lawsuit or action and any related settlement negotiations(though the Indemnified Party and individuals
may participate in the defense and settlement at their own expense, and the Indemnifying Party may not enter into any settlement
that adversely affects the indemnified Party and Individuals'respective interests to a material degree without their written consent);
and (c) providing to the indemnifying Party (at the Indemnifying Party's expense) all assistance, information and authority
reasonably required to effectively defend or settle the lawsuit or action. The provisions of this Section 11 shall survive the
termination or expiration of this Agreement.
12. LIMITATION OF LIABILITY
EXCEPT FOR A PARTY'S INDEMNIFICATION OBLIGATIONS (SECTION 11) OR A BREACH OF ITS CONFIDENTIALITY
OBLIGATIONS(SECTION 7), IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN CONNECTION WITH,
OR RELATING TO, THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS
OF GOODWILL AND DAMAGE TO REPUTATION).
IN NO EVENT WILL CONSULTANT'S TOTAL AGGREGATE LIABILITY TO CLIENT (FOR DIRECT, CONSEQUENTIAL OR
ANY OTHER TYPE OF DAMAGES OR THEORY OF LIABILITY) ARISING UNDER OR RELATING TO THIS AGREEMENT
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EXCEED THE AMOUNT PAID BY CLIENT TO CONSULTANT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY. THIS LIMIT IS CUMULATIVE AND NOT PER INCIDENT (i.e.,
THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT INCREASE THE LIMIT).
13. Term and Termination.
13.1 Term. This Agreement shall have an initial term commencing on the Effective Date and ending upon the one-year
anniversary of such date(the"Initial Term"), unless earlier terminated pursuant to Section 13.2. Upon the expiration of the Initial
Term, and unless earlier terminated pursuant to Section 13.2,this Agreement shall renew, automatically for up to five subsequent
one-year terms, (each, a"Renewal Term")unless either Party provides not less than thirty(30)days written notice of its intent not
to renew.The Initial Term and any applicable Renewal Term(s) are referred to herein collectively as the"Term."
13.2 Termination.
a} Termination for Convenience. Client and Consultant each may, upon not less than thirty(30)days written notice to the
other Party,terminate this Agreement.
(b) Termination by Either Party. Client and Consultant each shall have the right to terminate this Agreement upon written
notice to the other party, upon the occurrence of any of the following:
a material breach or default by the other party of any of its representations,warranties,covenants or agreements
under this Agreement,which breach or default is susceptible to cure and is not cured within a period of thirty(30) days following
written notice thereof to the breaching party; provided, however, that a failure to cure such breach or default within such period
shall not be grounds for termination of this Agreement so long as: (A)the breaching party has theretofore commenced taking, and
continues in good faith to take, all steps necessary to cure such breach or default; and (B) such breach or default is cured within
a period of time which, under all prevailing circumstances, is reasonable;
the other party fails to pay its debts as such debts become due, or admits in writing its inability to pay its debts
generally, or makes a general assignment for the benefit of creditors; or any proceeding is be instituted by or against the other
party seeking to adjudicate it as bankrupt or insolvent, or seeking liquidation,winding up,reorganization,arrangement,adjustment,
protection, relief, or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of
debtors, or seeking the entry of an order for relief or the appointment of a receiver,trustee, custodian or other similar official for it
or for any substantial part of its property and, in the case of any such proceeding instituted against it(but not instituted by it),either
such proceeding remains undismissed or unstayed for a period of thirty(30)days, or any of the actions sought in such proceeding
(including, without limitation, the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other
similar official for it or for any substantial part of its property) occurs;or
if a Force Majeure Event (as defined in Section 14.9) continues for a period of more than six (6) months and
substantially affects the ability of the other party to perform any of its material obligations hereunder.
13.3 Effects of Termination or Expiration: Survival. Upon the expiration or termination of this Agreement for any reason: (i)
Client shall deliver payment for all Services performed as of such date; and (ii) each Party shall deliver to the other Party any
other materials bearing or consisting of the other Party's Confidential Information. The payment obligations of the Parties shall
survive termination or expiration of this Agreement. Any provisions stated to survive termination or expiration of this Agreement
shall survive for the periods described herein.
14. General Terms.
14.1 Governina Law. This Agreement shall be governed by the laws of the United States and the internal law of the State of
Washington, without regard to conflict of law principles that would result in the application of any law other than the law of the
State of Washington.
14.2 Fntire Aareement. This Agreement (including any applicable SOWs) constitutes the full and entire understanding and
agreement between the Parties with respect to the subject matter hereof, and any prior written or oral agreements relating to the
subject matter hereof existing between the Parties are expressly superseded.
14.3 Assianment. This Agreement shall be binding upon and inure to the benefit of each of the Parties hereto and their
respective successors and permitted assigns.Client shall not have the right to assign its rights or obligations under this Agreement
without the prior written consent of Consultant,which shall not be unreasonably withheld.
14.4 Modification: Waiver. No waiver, modification or amendment to this Agreement will be effective unless in writing and
signed by both Parties. No failure on the part of either party hereto to exercise, and no delay in exercising, any right hereunder
shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or future exercise
thereof or the exercise of any other right. The remedies herein are cumulative and in addition to any other remedies provided by
applicable law.
14.5 Publicity.Consultant may include Client in Consultant's customer lists,and Client will participate in Consultant's reference
program (e.g., by cooperating to prepare a standard profile of Client, including Company's logo and an executive quote, that
Consultant will be permitted to use for marketing purposes).Any use of Client's name and logo by Consultant is subject to Client's
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prior approval.
14.6 Notices. All notices and other communications given or made pursuant to this Agreement shall be in writing and shall be
deemed effectively given upon the earlier of actual receipt,or(a)personal delivery to the party to be notified, (b)when sent, if sent
by electronic mail or facsimile during normal business hours of the recipient, and if not sent during normal business hours, then
on the recipient's next business day, (c) seven (7) business days after having been sent by registered or certified mail, return
receipt requested, postage prepaid,or(d)one(1)business day after deposit with a nationally recognized overnight courier,freight
prepaid, specifying next business day delivery, with written verification of receipt. Notices to the Parties shall be addressed as
follows:
If to Consultant:
Culton Consulting LLC
Attention: John Culton
24641 E.Mica Peak Road
Liberty Lake,WA 99019
Email:john@cultonconsulting.com
If to Client:
City of Yakima
Attention: Dave Zabell
129 North Second Street
Yakima,WA 98901
Email:dave.zabell@yakimawa.gov
14.7 Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof
or affecting the validity or enforceability of such provision in any other jurisdiction.
14.8 Order of Precedence. In the event of any conflict between this Agreement and the terms of any SOW, the provisions of
this Agreement shall control except as otherwise provided herein.
14.9 Force Maieure. Except for payment obligations,an obligation of a party hereunder shall be temporarily suspended during
the period in which such party is unable to perform such obligation by reason of any event or condition that is beyond the reasonable
control of such party,and could not, by the exercise of due diligence, have been avoided in whole or part by such person(a"Force
Majeure Event"), but only to the extent of such inability to perform. Immediately following the occurrence of a Force Majeure
Event, a party asserting a suspension of its obligations in connection therewith shall notify the other party of the events giving rise
to the assertion, the estimated period of suspension and the degree of disruption of operations. Such notice shall be by the most
rapid and effective means available under the circumstances. No Force Majeure Event shall relieve either party from those of its
obligations that are not affected by such Force Majeure Event and the obligations of the Parties to perform as provided by this
Agreement through any facilities not affected by the Force Majeure Event shall continue. The Parties shall use reasonable efforts
to resume normal performance under this Agreement as soon as possible. Prior to such resumption,the Parties shall perform their
respective obligations to the extent practicable. In any such case,the Parties shall use reasonable efforts to mitigate any damage
resulting therefrom.
14.10 Relationship of Parties. Nothing in this Agreement shall constitute or be deemed to constitute either party as the legal
representative or agent of the other, nor shall either party have the right or authority to assume,create, or incur any liability or any
obligation of any kind, express or implied, in the name of or on behalf of the other party. Consultant shall act as an independent
contractor under this Agreement and shall maintain complete control over its employees and all of its suppliers and contractors,
including,without limitation, and nothing contained in this Agreement shall create any contractual relationship between Company
and any such employee, supplier or contractor. Consultant shall perform its obligations hereunder in accordance with its own
methods and procedures, subject only to compliance with this Agreement.
14.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile,
electronic mail(including pdf or any electronic signature complying with the U.S.federal ESIGN Act of 2000)or other transmission
method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for
all purposes.
14.12 Attorneys' Fees If any legal proceeding (or arbitration) relating to this Agreement or the enforcement of any provision of
this Agreement is brought against any party hereto,the prevailing party shall be entitled to recover reasonable attorneys'fees and
costs.
14.13 Dispute Resolution. The Parties hereby irrevocably and unconditionally submit to arbitration conducted by the American
Arbitration Association (the "AAA") in accordance with the AAA rules applicable to commercial disputes by a single arbiter who
is skilled and experienced with respect to matters related to the Services and the place of arbitration shall be Yakima County,
Washington. The judgment of the arbitrator shall be final, non-appealable(to the extent not inconsistent with applicable law) and
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binding upon the Parties and may be entered in any court of competent jurisdiction. Notwithstanding any provision in this
Agreement,either Party may request any judicial,administrative,or other authority in any other jurisdiction to order any provisional
or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institute of legal or
arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that
are suitable for provisional remedies.
[Signature Page Follows]
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[SIGNATURE PAGE TO CONSULTING SERVICES AGREEMENT]
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective Date.
CLIENT:
City of Yakima
By:
Name: Dave Zabell CITY CONTRACT NO:
RESOLUTION NO: N
Title: Interim City
Manager
Address: 129 North Second Street
Yakima,WA 98901
CONSULTANT:
CULTON CONSULTING LLC
By: iohn culton
Name:John Culton
Title: Sole Member
Address:24641 E.Mica Peak Road
Liberty Lake, WA 99019
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EXHIBIT A
STATEMENT OF WORK
This Statement of Work ("SOW") forms part of the Consulting Services Agreement entered into by and between Consultant and
Client dated as of June 18, 2024(the"Agreement") and is subject to the terms and conditions of the Agreement.Any capitalized
terms not defined in this Statement of Work have the meanings indicated elsewhere in the Agreement. In the event of any conflict
between this SOW and the Agreement,the Agreement shall prevail. Unless otherwise set forth herein,this SOW is effective as of
the Effective Date. Consultant and Client agree as follows:
1. General
Client is engaging Consultant to professional consulting services and/or government relations services as further described in
this SOW(the"Services").
2. Services and Deliverables
Services Description:
Culton Consulting will engage with federal agencies, members of Congress, state agencies, and local stakeholders to enhance
the City of Yakima's efforts in securing federal funding and achieve policy objectives. Our services include:
1. Direct Engagement with Federal Policymakers:We will arrange and participate in meetings with key federal
policymakers to advocate for funding opportunities crucial to the City's projects.This includes engaging with
members of Congress and relevant Executive Agencies to ensure the City's priorities are effectively
communicated and supported.
2. Strategic Third-Party Engagement: Culton Consulting will assist in identifying and fostering relationships with third
parties who can provide additional support for federal funding initiatives. By coordinating with local stakeholders, we
aim to build a broad coalition advocating for the City's funding needs.
3. Comprehensive Materials Development:We will work with the City to develop and refine essential materials such
as background information, intelligence reports on funding opportunities, and detailed scheduling for advocacy
meetings.Additionally,we will collaborate on the development of letters of support and other documentation
necessary to strengthen funding requests and demonstrate community support.
4. Policy Guidance and Advocacy Support: Our team will provide strategic guidance on navigating federal
policymaking processes, ensuring the City is well-positioned to influence policy decisions in its favor. We will advocate
for policy objectives that align with the City's interests and support initiatives aimed at securing federal resources.
5. Regular Planning and Strategy Sessions: Culton Consulting will actively participate in planning sessions to
continuously refine advocacy strategies and adapt to evolving federal priorities. By maintaining proactive
planning,we aim to optimize our advocacy efforts and maximize opportunities for federal funding success.
Through these services and deliverables,Culton Consulting is committed to supporting the City of Yakima in its efforts to secure
vital federal resources, strengthen community infrastructure, and advance local economic development and policy initiatives.
Deliverables:
1. Materials Development:
o Collaborate on the development of comprehensive materials such as background information,
intelligence reports, and scheduling logistics. Including letters of support and other necessary
documentation to reinforce funding requests.
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2. Policy Guidance and Advocacy:
o Provide guidance on policy matters to enhance engagement with federal policymakers.
o Advocate for agreed-upon policy objectives and strategies to support funding initiatives.
3. Engagement with Federal Agencies and Congress:
o Arrange and participate in meetings with federal policymakers, including members and staff of Congress and
relevant state and Federal Executive Agencies, to advocate for federal and state funding opportunities.
o Provide guidance on engagement strategies with federal policymakers to advance the City's interests.
o Offer ongoing information and analysis on activities related to the federal funding strategy.
o Participate in regular planning sessions to refine advocacy strategies.
o Provide local government relations services when needed.
3. Timeline and Period of Performance
The period of performance for this SOW will start on June 18,2024 and the work tasks are estimated to continue through June 18,
2025. The specific timeline for the completion of any tasks and the period of performance may be modified by mutual agreement
of Consultant and Client.
4. Compensation and Payment
Client shall pay for the Services in accordance with the terms of the Agreement. Client shall reimburse Consultant for any
pre-approved expenses incurred in connection with the Services.
5. Client Contact
Consultant's point of contact with Client is the following individual (the"Client Representative"):
Name: Dave Zabell
Title:City Manager
Email Address:dave.zabell@yakimawa.gov
Phone Number: 509-575-6000
Mailing Address: 129 North Second Street,Yakima,WA 98901
Client may update its Client Representative from time to time by providing written notice to Consultant. Consultant is entitled to
rely upon the instructions and directions of the Client Representative on behalf of Client in connection with this SOW.
6. Client Responsibilities
Client agrees to reasonably cooperate with Consultant's requests for information or approval in connection with performance of
the Services. Client further agrees to provide accurate information to Consultant to allow Consultant to make any necessary filings
or disclosures required by law or applicable regulations in connection with the Services.
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2 Sign.-Plus
by AO.ohi
Document ID:66845ac3b9c1cc9c9224623e
Document Name:Document
Document Pages:9
Document Status: Completed
Document Completion Date: July 02,2024, 19:54 UTC
Signer: john(johnculton@gmail.com)
Signer Signature Timestamps
john Viewed:July 02,2024,19:54 UTC
johnculton@gmail.com John cu(ton Signed:July 02,2024,19:54 UTC
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