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HomeMy WebLinkAboutCOW 2006-01-23 Item 3H - Agreement - 2006 Lobbying Services with MJ Durkan COUNCIL AGENDA SYNOPSIS J 44/ Inttrals ITEM NO. o 6 M etuaDate 1 Pzrpazed b 'Ia)u/s Prue -w 1 Aatncil zruer:� 1 u s <.u p 01/23/06 1 RAB Wh 4, i(k)AV 1 rs oa 1 1 1 1 1 ITEM INFORMATION 1 CAS NUMBER: 06-010 I ORIGINAL. AGENDA DATE: JANUARY 23, 2006 AGENDA ITEM Professional Services Contract, M.J. Durkan, Inc. CATEGORY Drsacsszon Motion Resolution OrzlinanT n BzdAquad PublzcHeanng Other MtgDate 01/23/06 MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate (SPONSOR Council Mayor AdmSus DCD Fznarrce Fzre Legal P6- R Polue PW SPONSOR'S Proposed Contract for Services for 2006. SUN MARY REVIEWED BY CO�XI Mtg. CA&P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm Planning Comm. DATE: 01/17/2006 RE COMMENDATIONS: SPONSOR/ADMIN. Review and forward to Regular Meeting for approval. COiMI IITIEE Review and forward to COW COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $4,000 /month expenses 50.000 Fund Source. 000.20 Comments MTG. DATE 1 RECORD OF COUNCIL ACTION i I MTG. DATE ATTACHMENTS 01/23/06 Memo from Mayor's Office to City Council (with proposed contract) Minutes from 01/17 Finance and Safety Committee 1 City of Tul(Wila 6200 Southcenter Boulevard. Tukwila, Washington 98188 Steven M. Mullet, Mayor MEMORANDUM TO: CIty Council CommIttee of the 'Whole FROM: Mayor's Office DATE: January 19, 2006 SUBJECT: Contract wIth M. J. Durkan Attached for your review IS a contract WIth M. J. Durkan, which was discussed in the Fiance and Safey Committee on Tuesday, January 17 This contract is the same as the 2005 contract, wIth no mcrease m cost. /rab Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.cUukwi/a.wa.us IOIfO)mf?~ W ~o L~ tf U Contract For Services 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 43rd 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 bv 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 Pavment. 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 Budqet. 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 Aqreement. This Agreement shall be in full force and effect for a period commencing January 1, 2006 and ending December 31 , 2006 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. 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 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. Contract for Services MJ Durkan January 2006 Page 3 Record Keepinq and Reportinq. 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 sh\all 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. Assiqnment 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 Aqreement. 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. City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Contract for Services MJ Durkan January 2006 Page 4 Notices to the Contractor shall be sent to the following address: MJ Durkan, Inc. #357 330 SW 43rd 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 8 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 and Safety Committee J al1uary 17, 2006 Present: Pam Carter, Chair; Jim Haggerton, Verna Griffin Rhonda Berry, NiCk Ohvas, Kevm Fuhrer, Lucy Lauterbach; Chuck Pamsh 1. Contract for Le2;al Services with Kenvon Disend The committee considered the 2006 contract with the Kenyon DIsend firm. The contract is sImilar to past years' contracts, and includes a 4% increase in fees; Rhonda said one issue Council Members have raised m the past concerned having the City Attorney available at COW meetings. Although the City Attorney attends Regular Meetings, she can attend COW meetings ifrequested to attend, though it would help if she were notified far ahead o~time so schedules could accommodate the meetmg. Because code enforcement is becoming more proactive, more tlme may be needed for this issue by the City Attorney's office. Jim H asked if the City Attorney gets involved with elected officials' ethIcs issues. Rhonda said they cover employees, but it would depend on the circumstances of the situation whether they could represent the City Councilor Mayor. Jim said and others agreed Kenyon Disend has done a good job for the City and their increase is reasonable. Committee approval: recommend contract to COvV. 2. Contract with Ball Janik LLC The Ball Janik contract is also similar to last year's contract, although it has a revised scope of work. Rhonda said Ball Janik's advice is for Tukwila to spread its requests for funding more broadly than just for transportation projects. The committee thought that was a good idea. One idea they suggested was to reach immigrants in the Tukwila community who don't speak English with information about emergency preparedness. That could be more of a FEMA issue, though Rhonda said she would ask about it. Committee approval: recommend contract to CO\V. ~ 3. Contract with IV1.J. Durkan The 2006 contract for Jamie Durkan is very similar to the 2005 -I'" contract. The choice was to have a one-year contract, and to end it when the City felt it was time Alternatively, it could be a six-month contract with extensions if necessary. The committee members agreed a one-year contract was appropriate. Besides the state legislative work Jamie does for the City, he can also be informative about Seattle and King County issues that are being worked on in advance of public announcements. When talking about reporting from Jamie, the committee thought some reporting was good, but did not want it to be too detailed If not much is happening. Full Committee approval: recommend contract to COW. 4. Fire Truck Purchases The Fire Department has two aged fire pumper trucks and an aerial ladder truck that all need to be replaced. Sound Transit is buying the city the ladder truck, but there are inadequate funds in the budget to buy two pumper trucks. Equipment to outfit the trucks will also be needed, especially new mobile radIos. Although one option would be to buy the two trucks in 2006, there is not enough money in the 1 07 Fund FIre Equipment Cumulative Reserve fund. The other optIOn would be to order them both but take dehvery on one of the two in January, 2007 so 2007 funds can be used. There are two issues wIth funding: purchasing the two trucks when not enough funds are aVailable, and puttmg more general fund money annually into the Fund 107 fund so future fire trucks can be paId for. Nick recommended buying the