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HomeMy WebLinkAboutCOW 2007-02-26 Item 4E - Agreement - 2007 Lobbying Services with MJ Durkan COUNCIL AGENDA SYN0PsIs Initials ITEM NO. 43 9 I Meeting Date I P-repared by J Mawr's reziew I CoLhrxil reziew )k O 1 02/26/07 1 RAB I ./4't.. G 1 id 03/05/07 ITEM INFORMATION CAS NUMBER: 07-027 I ORIGINAL AGENDA DATE: FEBRUARY 26, 2007 AGENDA ITEM TILE Professional Services Contract, M.J. Durkan, Inc. CA 1 EGORY Discussion Z1 Motion Resolution Ordinance BidA wird Public Hearin g Other MtgDate 2 /071MtgDate_ /5 /qMtgDate MtgDate MtgDate MtgDate MtgDate I SPONSOR Coundl Ma}or AdmSzcs DCD Firma. Fire Legal P& R Police PW SPONSOR'S Proposed contract with MJ Durkan for lobbying services in 2007 SUAMARY REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm Planning Comm. DAZE: 2/20/07 RECOMMENDATIONS: SPONSOR/ADmw. Review and forward to Regular meeting COMM[ EE Unanimous approval; Forward to Committee of the Whole 1 COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $4,000 /month expenses Fund Source: 000.20 Comments: MTG. DATE I RECORD OF COUNCIL ACTION 02/26/07 1 I 1 I I I MTG. DATE I ATTACHMENTS 2/26/07 1 Memo from Mayor's Office to City Council I Contract Finance Safety Committee minutes of 2/20/07 f in.s/n7 1 I I I 1 City of Tukwila i (t) t j 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor 7908 MEMORANDUM To: Finance Safety Committee From: Mayor's Office 51 j Date: February 13, 2007 RE: Professional Services Contract M J Durkan, Inc. Attached for your consideration is the 2007 Contract for Services with MJ (Jamie) Durkan. This contract is identical to the 2006 contract, with the exception of an added section "Conflict of Interest," which is in bold type and underlined in the attached draft. This contract language has been reviewed by the City Attorney and agreed to by Mr. Durkan. Staff would ask that the Committee review the contract and forward it to the Committee of the Whole Meeting on February 26, 2007 for Council approval. 1`so attachment Phone: 206 433 -1800 City Hall Fax: 206- 433 -1833 wwwci.tukwila.wa.us Contract For Services 2007 MJ Durkan, Inc. This agreement is entered into by and between the City of Tukwila, Washington, a non charter optional municipal code city hereinafter referred to as "the City and, MJ Durkan, Inc., hereinafter referred to as "the Contractor" whose principal office is located at #357, 330 Southwest 43 Street Plaza Suite K, Renton, Washington 98055. Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staff resources or expertise to perform such services, and Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and conditions, now, therefore, In Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B (Fees) attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed four thousand dollars ($4,000) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed five hundred dollars ($500) per month without prior approval of the City. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2007 and ending December 31, 2007 unless sooner terminated under the provisions hereinafter specified. Contract for Services MJ Durkan January 2006 Page 2 Independent Contractor. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Conflict of Interest. Without the express written consent of the Mayor, the Contractor shall not represent another client if the representation of such client will conflict with the Contractor's representation of the City. If the Mayor believes the Contractor's representation of another client conflicts with the Contractor's representation of the City, the Mayor shall notify the Contractor in writing of such conflict. Within 2 days of the receipt of such notification, the Contractor shall withdraw from the representation of such client or explain to the Mayor in writing why, in the view of the Contractor, a conflict does not exist. If the Mayor then believes a conflict is still present, the Contractor must immediately cease representing the client or the Mayor may immediately terminate this contract. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Contract for Services MJ Durkan January 2006 Page 3 Insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. Record Keeping and Reporting. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. The City shall maintain these records for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by law during the performance of this Agreement. Termination. The City giving to the Contractor thirty days written notice of the City's intention to terminate the same may at any time terminate this Agreement. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Contract for Services MJ Durkan January 2006 Page 4 Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: MJ Durkan, Inc. #357 330 SW 43 St., Suite K Renton, WA 98055 Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CONTRACTOR: CITY OF TUKWILA BY: TITLE Mayor, Steven M. Mullet ATTEST /AUTHENTICATED: CITY CLERK, Jane E. Cantu APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: Contract for Services MJ Durkan January 2006 Page 5 Exhibit A Scope of Services The Consultant shall, at the direction of the Tukwila Mayor's Office: 1) work with Tukwila officials, King County elected officials, and State elected officials to facilitate the Tukwila Valley South annexation and development. 2) Work with local, regional and state officials on general matters of interest to the City of Tukwila. 3) Notify the Tukwila Mayor's Office of emerging issues of importance to the City. It is understood that the above -cited tasks are representative of the requirements associated with achieving the City's objectives and are not necessarily an all inclusive description of the Consultant's efforts. Contract for Services MJ Durkan January 2006 Page 6 Exhibit B Terms of Payment The consultant will invoice the City for the work completed at the rate of $4,000 per month at the close of each month. Invoices will be paid within twenty (20) days of receipt. Any extraordinary expenses claimed shall first be approved by the City of Tukwila before the consultant obligates any funds. Expenses shall be detailed on each monthly billing and shall not exceed five hundred dollars ($500) per month without prior approval of the City. Finance Safety Committee February 20, 2007 5:00 p.m. Present: Jim Haggerton, Chair; Joan Hernandez and Pam Linder, Council members. Rhonda Berry, City Administrator; Diane Jenkins, Administrative Assistant to the City Council; and Al Dams, Assistant Manager, King County Animal Services. Business Agenda A. Contract with M. J. Durkan for 2007 Iobbying services Ms. Berry reviewed the revised contract with M.J. Durkan for 2007 lobbying services. A new section on conflict of interest was added. This is pre emptive so that when new clients are added it addresses what happens when there could be a possible conflict of interest. Mr. Haggerton expressed his appreciation on the services provided by Mr. Durkan at the recent AWC legislative conference. Unanimous approval. Forward to February 26 COW. B. Draft contract for animal control services Ms. Berry indicated that at the request of the committee members at the February 5 CAP meeting, changes were incorporated. The changes are denoted on the margin of the contract. She reviewed the changes. In Section 1C, it states that the city will be provided with a monthly calendar; Section 2 specifies that the contract will not exceed $35,000 per year; and Section 6 clarifies how the contract will be terminated. Other items discussed were input into the performance evaluation and the process to be used to express concerns with the services; if these items were included in the contract, it may delay implementation of the contract. Ms. Berry continued and explained the appeal process which would be used for enforcing Tukwila's ordinance regarding dangerous dogs. Mr. Dams explained that the City's ordinance regarding dangerous dogs (TMC 7.04.085) is different than King County's ordinance on vicious animals (KC 11.04.290). Tukwila allows that a dog which is declared dangerous can be destroyed; this cannot be done under King County ordinance. The dog can be removed. King County would confine the animal based on the circumstances. If the situation warrants that the animal needs to be euthanized, this would be governed under RCW 16.08.30, Marauding Dog Duty of Owner to Kill. This RCW provides that it is the duty of a person to kill an animal within 48 hours after notification otherwise they are deemed guilty of a misdemeanor. Tukwila's code is stronger. Since there is a difference in the ordinances, if this action were taken, the process of appeals would be done through Tukwila's municipal court process since King County Board of Appeals cannot rule on a code other than King County. A citation would be issued through Tukwila. Tukwila would not be able to access King County free legal service on this type of case; Tukwila would have the benefit of legal service from King County on other animal control citations. Ms. Berry noted that the animal control officer would be educated on this issue. Mr. Dams referenced RCW 16.08.070, Dangerous Dogs and Related Definitions. If an order is placed in King County, that order is valid throughout the State of Washington; the order follows the animal. If they violate a removal order, it is unredeemable. Ms. Linder described a problem that occurred that created problems with the neighbors when differing information was shared with them. It is important that accurate information be shared, Ms. Berry asked if King County maintained a database to know how many animals are licensed to a residence. Mr. Dams replied that it does maintain a database. Mr. Dams noted that there would be additional "boiler plate" language added to the contract. Ms. Berry related that this contract would be presented at the Committee of the Whole and entire contract presented at the regular council meeting. <_a