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HomeMy WebLinkAboutCOW 2008-10-27 Item 4E - Agreement - 2009 Lobbying Services with MJ Durkan for $4,000 Per Month Plus Expenses 0 COUNCIL AGENDA SYNOPSIS s Initials ITEM No. o:' A. r ':Z F 1 I G7 Alzztin� Date I Prepared by I Mayor's revrev Council review a'Pf p 10/27/08 I SO 1 I 0 11/03/08 I SO I U I r 1 1 1 I 1 I ITEM INFORMATION CAS NUMBER: 08-133 I ORIGINAL, AGENDA DATE: OCTOBER 27, 2008 AGENDA ITI'\I TITLE Contract for lobbying services for 2009 with M.J. Durkan C.\ rlGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/27/08 lltg Date 11/3/08 litg Date Mtg Date Mtg Date lltg Date lktg Date 1SP ON SC )R CounclI Mayor 1 1 _Adra Svcs DCD Finance E Fire Legal P &R Po/ice PLY/ SPONSOR'S The only change from last year is the duration, which has changed to January 1, 2009 to SUMMARY December 31, 2009. RI N I ,WI UD BY n COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte 1 1 Utilities Cmte Arts Comm. 1 1 Parks Comm. Planning Comm. DA'Z'E: 10/21/08 RECOMMENDATIONS: SPONSOR /ADMIN. Review and approval COMMITT1E; Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI?NDVFURI QUIR1;D AMOUNT BUDGETED APPROPRIATION REQUIRED $4,000 /month expenses Fund Source: 000.20 Conunnents: MTG. DATE RECORD OF COUNCIL ACTION 10/27/08 MTG. DATE ATTACHMENTS 10/27/08 Informational memorandum dated 10/16/08 Contract with M. 7. Durkan Minutes from the Finance Safety Committee meeting of 10/21/08 of City of Tukwila li f 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor 1 908 To: Finance and Safety Committee From: Mayor's Office RE: 2009 Contract with MJ Durkan, Inc. Date: October 16, 2008 Please see attached the proposed 2009 Contract with MJ Durkan, Inc. The only change from last year is the duration, which has changed to January 1, 2009 to December 31, 2009 (page 1, Duration of Agreement). It is recommended that this contract be forwarded to the November 10 Committee of the Whole meeting for full Council discussion, and then the November 17 Regular meeting for approval. /so attachments Phone: 206- 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us Contract For Services 2009 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 Aareement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2009 unless sooner terminated under the provisions hereinafter specified. Contract for Services MJ Durkan January 2009 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 2009 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. 1 Contract for Services MJ Durkan January 2009 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 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 Mayor, Jim Haggerton ATTEST /AUTHENTICATED: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: 1 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 annually 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. 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. Wq� 0, City of Tukwila :0i €-i ll Finance Safety Committee 1908 FINANCE AND SAFETY COMMITTEE Meeting Minutes October 21, 2008 5:00 p.m. PRESENT Councilmembers: Dennis Robertson, Chair; Pam Linder and Kathy Hougardy Staff: Nick Olivas, Dave Haynes, Rhonda Berry and Kimberly Matej CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. 11. BUSINESS AGENDA A. Contract Renewal for 2009 Kenyon Disend. PLLC Staff explained that this contract is practically the same as years past with the exception of increases in hourly rates for attorneys and support staff. Due to the City's implementation of a biennial budget, this will be a two -year contract. The contract terms have not changed with the exception of the contract duration and a calculated 4% annual inflator in the flat monthly fee as discussed in Exhibit B of the Committee agenda packet. The inflator will be reassessed at the end of 2009 to determine the appropriateness of the increase. The contract copy that goes to full Council will include some minor changes in names and positions, not effecting the overall contract specifications. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. B. Contract Renewal for 2009 M.J. Durkan for Lobbvina Services This is a renewal contract for professional services 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 requested Mr. Durkan attend a Council meeting after the November election to share information regarding impacts of the election and the outlook for the upcoming legislative session. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. C. Renewal of Contract with Ball Janik for 2009 Lobbvina Services This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City of Tukwila in Washington, DC and on federal issues. The contract, scope of work and specific services information remains the same as last year. Additionally, the scope of work with Ball Janik is flexible in that the firm is willing to work with the City to modify services as needs are addressed. The contract copy that goes to full Council will include a numerical correction in the compensation specification, not effecting the overall contract specifications. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. D. Identification of Evaluation Criteria for Animal Control Alternatives Committee Chair Robertson briefed the Committee on a meeting that he had on October 15 with Mayor Haggerton, Council President Duffle, Rhonda Berry and Kimberly Matej regarding animal control.