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HomeMy WebLinkAbout09-180 - MJ Durkan - 2010 Lobbying ServicesContract For Services 2010 MJ Durkan, Inc. 09 -180 Council Approval 11/2/09 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, 2010 and ending December 31, 2010 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 Contract for Services 2010 MJ Durkan, Inc. 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 2010 MJ Durkan, Inc. 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. 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. Notices. Notices to the City of Tukwila shall be sent to the following address: Contract for Services 2010 MJ Durkan, Inc. 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 1 day of M CV. Y ?OD 9 CONTRACTOR: BY: Mct-' R TITLE ..�.e o. -1L ATTEST /AUTHENTICATED: Cthu,,f i6e -nµ1m CITY OF TUKWILA CITY CLERK, Christy O'Flaherty J APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: Contract for Services 2010 MJ Durkan, Inc. 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 2010 MJ Durkan, Inc. 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.