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HomeMy WebLinkAboutCOW 2005-02-14 Item 4G - Contract - 2005 Lobbying Services with MJ Durkan for $48,000 Plus Expenses „.A N COUNCIL AGENDA SYNOPSIS Ji e 2 rrn ,,rs ITE1 No. e I r 1 I Lfea ggDa e Prpnral by 1 Ma;o>'s 7ai:✓ I Caan1 reziew 1 N 2 I 2/14105 i RAB 1 i L' I k k rsoa I I I I I 3. I I I I I ITEM INFORMATION CAS NUMBER 05-023 !ORIGINAL AGENDA DATE: FEBRUARY 14, 2005 AGENDA ITEM TITLE Professional Services Contract, MJ Durkan. Inc. CATEGORY Ig Disassicra Maim Radrtaz arlimre Bid As and PtakHezr:ngl O'e- AfgD..,e2 /14/05 AftgD.ae Aftgurx Anglia AftgDate MgD::e I %foD:tE SPONSOR Ceara .!faytrr AchnSza DOD p Fimrte Flit Legal ❑PER Pdice PLY/ SPONSOR'S Proposed Contract for Services for 2005 has been reviewed by Finance and Safety SUB MARY Committee. REVIEWED BY COW M tg. CA&P Clare F&S Cmre Transportation Cmte Utilities Crate Arts Comm. Parks Comm. Planning Comm DATE: 2/7/05 RECOMMENDATIONS: SPONSOR/ADMIN. Review and forward to Regular Meeting for approval CDMMII IEE Review and forward to COW COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $$4,000 /month plus expenses Fund Source: 000.20 Contents: MTG. DATE RECORD OF COUNCIL ACTION 02/14/05 I I MTG. DATE! ATTACHMENTS 02/14/05 Memo from Mayor's Office to City Council (W/ proposed contract) Minutes from 2/7/05 Finance and Safety Committee City of Tukwila 6200 Southcenter Boulevard' Tukwila, Washington 98188 Steven M Mullet, Mayor MEMORANDUM TO: City Council FROM: Mayor's Office DATE: February 9,2005 SUBJECT: Contract with M. J. Durkan Attached for your review is a contract with M. J. Durkan, which was discussed in the Finance and Safety Committee on Monday, February 7. This contract is substantially the same as the 2004 contract, with no increase in cost. Phone: 206-433-/800 . City Hall Fax: 206-433-/833 . Y/Y/Y/.ci.tukWila.l'la.us DRAFT 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 330 Southwest 43rd Street Plaza, Suite 357, 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 A (Fees) attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed four thousand dollars ($4,000) 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, 2005 and ending December 31, 2005 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 SeNices MJ Dur'^an January 2005 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. 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. 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 Contract for Services MJ OUr'"an January 2005 Page 3 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. 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 9S1SS Notices to the Contractor shall be sent to the following address: MJ Durkan, Inc. #357 330 SW 43rd St., Suite K Renton, WA 98055 Contract for Services MJ Durkan January 2005 Page 4 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 dpy of CONTRACTOR: CITY OF TUKWILA BY: TITLE Mayor, Steven M. Mullet A TTESTfAUTHENTlCA TED: CITY CLERK, Jane E. Cantu APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: Contract for Services MJ Dur'~an January 2005 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 2005 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 and Safetv - ~ February 7, 2005 . 4. 1\1J Durkan Contract for Services The contract for Martin Durkan is the same as last year's ontract, and the costs have remained constant at S4,000/month plus S500 expenses. The scope of services has changed, however. Last year Jamie was working on Sound Transit issues, and this year he will work on TVS, in addition to general items of interest and import to the City. Recommend contract to COW, 5. Contract with Ball Janik. LLP Ball Janik's contract is going up 4.1 %, from S8,500/month to S8,850Imonth. The scope of services is extensive, and it has been very beneficial for the City to have Ball Janik's services in Waspington, D.C. Committee members expressed their appreciation for the firm's work. Recommend contract to CO\V. 6. Additional Fire Prevention Staff Tukwila's Fire Prevention Bureau currently has a fire marshal, two lieutenant inspectors, a civilian inspector, and a secretary. Nick explained that with Sound Transit, Westfield Mall, TVS and the JC Penney redevelopment, the small department is being overwhelmed. Nick is requesting an additional fire inspector, who would be hired from current staff. The civilian inspector will also be reclassified to be able to do all the plan reviews. One of the inspectors is due to retire in two years, so it's possible the staff could return to its current size then if development slows. The Committee asked about the current department strength. Nick said he would hire two laterals immediately, and a third later to replace the individual moving into fire prevention. Ofthe two near-tenn hires, one fills the vacancy created by"an employee currently on military leave and the other will replace a firefighter who is retiring this summer. Pam asked what the civilian inspector does now, and Nick said he perfonns "company level inspections", some plan reviews, and some tenant improvement/new construction inspections. The Committee supported the lateral hires, but asked Nick to show the cost, where the money comes from, and where the new people would go in the organization. Recommend to CO\V adding positions to the Fire Department. 7. Above Ground Tank Variance Request Above ground tanks are allowed in the NIIC, LI and CLl zones. Two requests for variances have been received: one from the King County Transfer Station in the TVS zone and one from Lewis and Clark Theaters in the RCC on Tukwila Intemational Boulevard. Nick had visited both sites to evaluation both proposed locations. Neither location is visible to residential areas. Dennis thought it would be o.k. if there were enough screening. Committee members wanted more information, including a site map of each property, the proposed location of the tanks, TMC requirements such as screening, and an assessment of security risks. Reschedule. 8. Future Committee Issues Dennis asked staff what issues they anticipated tins year. Pam suggested an infonnation briefmg from the HazMat crew, and that there are probably programs in the Police Department about which the committee should learn. would be of interest to Council. Dennis said he had been talking with the City Attorney about the city's animal control ordinance, which he is interested in strengthening. That ordinance and the City's animal control contract \vith King County will be one issue. Finance policies are another issue. Kevin will build on Alan's start on the policies, and he can add to it throughout his first full year here. Dermis was