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HomeMy WebLinkAboutCOW 2009-10-26 Item 4B - Agreement - 2010 Lobbying Services with MJ Durkan for $4,000 Per Month Plus Expenses r.`- COUNCIL A GENDA SYNOPSIS w q �ti Initials ITEM ND. iii i 4 1 p G) MeetuR Date 1 Prepared by 1 Mayor's review 1 Council rivkiv 1 �v� 1 10/26/09 I SO 1 _4■t 1 1701V 1 ik 1 !it► 11/02/09 SO I LI- ITEM INFORMATION 1CAS NumbeR: 09-152 I ORIC;INAL AGENDA DATE: OCTOBER 26, 2009 \c;I;Ni),\ I'1'I',MTri'1J; Contract with M.J. Durkan, Inc., for lobbying services in 2010. C.\TI Discussion Motion Rejolutzon Ordinance Bit Award Public Hearing Other A1tg Date 10/26/09 Mtg Date 11/2/09 Mtg Date AMtg Date Altg Date Mfg Date Mtg Date 1 SPONSOR Council Mayor Adm Svc:r DCD Finance .Fare Legal P&R Police PlWW SI>c)NSOR'S The Council is being asked to authorize the Mayor to approve a contract with MJ Durkan, Sum,M. \RY Inc, for the period 1/1/2010 through 12/31/2010 in the amount of $4,000 per month, plus expenses that shall not exceed $500 per month without prior authorization of the City. Riwll ?WI BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 10/20/08 RECOMMENDATIONS: SPONSOR /ADMIN Review and approval COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI?NDI't'URI? RI ,QUIIU,D AMOUNT BUDGETED APPROPRIATION REQUIRED $4,000 /month expenses Fund Source: 000.03.513.100.41.02 Comments MTG. DATE 1 RECORD OF COUNCIL ACTION 10/26/09 1 11/2/09 I I MTG. DATE 1 ATTACHMENTS 10/26/09 Informational memorandum dated 10/8/09 Contract with M. J. Durkan, Inc. Minutes from the Finance Safety Committee meeting of 10/20/09 13 ISSUE DISCUSSION RECOMMENDATION ATTACHMENTS Proposed 2010 Contract City of Tukwila INFORMATIONAL MEMORANDUM TO: FINANCE SAFETY COMMITTEE FROM: Mayor's Office DATE: October 8, 2009 SUBJECT: 2010 Contract with M.J. Durkan, Inc. Professional services contract with M.J. Durkan, inc. for lobbying services will expire on December 31, 2009. Jim Haggerton, Mayor The City wishes to retain the services of M.J. Durkan to perform lobbying services for the year 2010. There has been no increase in the monthly fees from last year, which were $4,000 per month, plus expenses. This amount was approved in the 2009 -2010 biennial budget. The Council is being asked to authorize the Mayor to approve a contract with M.J. Durkan, Inc, for the period 1/1/2010 through 12/31/2010 in the amount of $4,000 per month, plus expenses that shall not exceed $500 per month without prior authorization of the City Consideration of this item is being requested at the October 26, 2009 Committee of the Whole meeting and subsequent November 2,2009 Regular Meeting. 15 Contract For Services 2010 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 98057 -4944 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 Budaet. 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, 20jand ending December31, 201a unless sooner terminated under the provisions hereinafter specified. Independent Contractor. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to j Deleted: 09 Deleted: 09 "f Deleted: 09 17 18 Contract for Services MJ Durkan January 2009 Page 2 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. 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 Contract for Services MJ Durkan January 2009 Page 3 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. Assianment 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 Aareement. 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. Notices. Notices to the City of Tukwila shall be sent to the following address: 19 20 Contract for Services MJ Durkan January 2009 Page 4 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 98057 -4944 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 ATTEST /AUTHENTICATED: Mayor, Jim Haggerton CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: Contract for Services MJ Durkan January 2009 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. 4) Present an activity /project status report at least once annuafiy to the City Council at a regularly scheduled meeting 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. 21 Contract for Services MJ Durkan January 2009 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. Deleted: 11 4 1 23 Finance Safety Committee Minutes October 20. 2009 Paae 2 general Council desire to be responsive and diplomatic in the process of making decisions that directly affect City employees. It is with these considerations that a specific amount of funding has not been targeted for reduction. At this time, the intent is to save funding and reduce expenditures whenever or wherever possible. The Committee did not reach unanimous approval for a recommended action in regards to this item. The following items were agreed to: This item will move forward to full Council for discussion with the Mayor's recommendations, after the November 3 General Election (to the November 9 COW). Non represented City employees should be asked to provide input on potential wage options. FORWARD TO NOVEMBER 9 COW FOR DISCUSSION. B. Contract Renewal for 2010 M.J. Durkan for Lobbvinu Services This is a professional services renewal contract with M. J. Durkan, Inc. for local lobbying service. This will be a one -year contract with terms, scope of services and fees remaining the same as last year. The Committee recognizes the importance of maintaining relations with the State especially during these challenging economic times. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 26 COW FOR DISCUSSION. C. Authorization to Transfer Funds for Additional 2009 Budget Reductions Staff is seeking full Council authorization to transfer funds from various City Department budgets in the amount of $392,416 to Department 20 for additional budget reductions. Council has previously approved funds transfers including a City -wide 3% budget reduction and a transfer from the 2009 Equipment Replacement fund. This third transfer comes from selected departments based on identified cost savings opportunities. Committee Chair Linder requested clarification in the Fund Transfer line item for Public Works Emergency Services. This line item reflects a cost savings as a result of the vacant CERT position. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 26 COW FOR DISCUSSION. D. Budget Process and Deadlines Based on Council request, staff has provided a detailed, dated list of major steps involved and required in the biennial budget process as outlined in the informational memo included in the Committee agenda packet. Kimberly Matej is currently working with Shawn Hunstock to incorporate this information into a table that can be utilized and updated annually. The Committee noted that most of the budget process is dictated and required by law. The majority of preparation taking place prior to legally mandated deadlines is at City discretion. Committee Members expressed confidence that this detailed process will allow input on budget items in a timely and efficient manner The documentation incorporates this Council policy -level review at various times throughout the year, including an early Spring (May) review of sales receipts and potential budget modifications. The information and timeline Council will be discussing on October 26 is based on budgetary requirements without implementation of Initiative 1033. If I -1033 passes, the City will have ample time to react strategically. However, Committee Chair Linder requested that Shawn also provide the initial three or four steps that will be required of the City in the event of 1-1033 passage. For example, passage will require setting the property tax level to the highest possible limit FORWARD TO OCTOBER 26 COW FOR DISCUSSION. 25