Loading...
HomeMy WebLinkAboutCOW 2004-06-28 Item 4E - Contract Amendment - 2004 Professional Services with Martin J. DurkanO COUNCILAGENDASYNOPSIS ......................... /n!~!a/s ......................... ITEM NO. Meeting Date Prepared by Mayor'~ review Cou.~cil review 06~28~04 RAB ,,/~¢¢" ~_,~'-Z ¢',,~..,.,.,.,~' ITEM INFORMATION CAS Number: 04-094 I Original Agenda Date= June 26,2004 Agenda Item Title: Professional Services Contract - Martin d. Durkan Original Sponsor: Council Admin.x Timeline: Sponsor's Summary: This year the City entered into a contract with Jamie Durkan for a six month period rather than the traditional one-year contract of years past. The Mayor's Office requests a six month extension to enable Jamie to continue efforts to secure support for critical City projects. Recommendations: Review contract and forward to Regular Meeting for approval Sponsor: Committee: Forward to COW Administration: Authorize Mayor to sign contract extension Cost Impact (if Up to $27,000 ($4,000 plus up to $500/month in expenses) known): Fund Source (if known) 000.03.513.100,41.02 General Fund/Professional Services RECORD OF COUNCIL ACTION Meeting Date Action APPENDICES Meeting Date Attachments 06/28/0403 Memo to Finance & Safety Committee dated 06/14/04 Proposed contract Finance & Safety Committee minutes from 06/21/04 meeting MEMORANDUM TO: Finance & Safety Committee FROM: Mayor's Office DATE: June 14, 2004 SUBJECT: Professional Services Contract - Martin J. Durkan Attached for your consideration is the contract with Jamie Durkan. Our current contract with Jamie expires on June 30. As you are aware, there are many projects for which the City needs funding in order to complete. Our office recommends extending the Durkan contract thru December 31, 2004 with the top priority being to seek state funding for the Tukwila Urban Center and transportation related projects. Staff will be present to answer any questions you may have at the committee meeting. City of Tukwila Contract for Services Amendment # (A) Between the City of Tukwila and Martin J. Durkan That portion of Contract No. 04-015 between the City of Tukwila and Martin d. Durkan is amended as follows: Duration of Agreement: This agreement shall be extended through December 31, 2004 unless sooner terminated under the provisions specified in Contract 04-015. All other provisions of the contract shall remain in full force and effect. DATED this __day of ,20__ CONTRACTOR CITY OF TUKWILA Steven M. Mullet, Mayor ATTEST/AUTHENTICATED .... APPROVED AS TO FORM Jane E. Cantu, CMC, City Clerk City Attorney u¥ Ul 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 B (Terms of Payment) attached hereto and incorporated herein by this reference. The total amount_to, b~ pa!.d.__sh_a!! not exceed twenty - four thousand dollars ($24,000) '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 Bud.qet. 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 pedod commencing January 1, 2004 and ending June 30, 2004 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 ' MJ Durkan January 2004 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 .-~: .. _ .~.o_.n.~r._a_c~or,.[t.s-'0~cers~ agents and employees, in performing the work r.equir.ed ...... 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 Keepin.q and Reportin.q. 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 ~r Se~ices MJ Durkan Janua~ 2004 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 ~CW 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 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 Notices to the Contractor shall be sent to the following address: MJ Durkan, Inc. Martin J. Durkan '- 330 Southwest 43rd Street Plaza, Suite 357 Renton, WA 98055 Contract for Services MJ Durkan January 2004 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 ent_itled~ to its attorney's fees and costs of suit. DATED this CONTRACTOR: CITY OF TUKWILA ........ 'TIT/EE ~ ~/" - '-Mayor, Stev~'r~'M.'M[Jlle( .... ATTEST/AUTHENTICATED: C~Y GI..ERK, dane E. Cantu Contmct ~rSe~ices MJ Durkan Janua~ 2004 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, State elected officials and Sound Transit Board members in an effort to gain further improvements to the Light Rail routing through the City of Tukwila in a manner most consistent with local, regional and state land use and transportation policies. 2) Work with local, regional and state officials on general matters of interest to the City of Tukwila 3) Notify the Tu kwila 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 2004 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 st~'all-no~:~xce~e~J~-five hundred dollars ($500) ..... per month without prior approval of the City. Finance and Safety Co'mmittee June 21, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Mike Villa, Alan Doerschel, Keith Haines, Shelley Kerslake, Lucy Lauterbach 1. Ball Janik Contract Alan said this is a contract just like the 2003 contract. It covers January-December, 20~4. Ball Janik has done work between January, 2004 and now without a contract. Their work was cut back after the Sound Transit MOU rejection in 2003 made relations with our federal legislators very sensitive. This year those same relations have improved, as was evident in the NLC meetings in March. Ball Janik has spent $8,500/month since January, for a total cost of $51,000 though June. The contract calls for compensating the firm $8.500/month. Dave said he was unhappy about the City being billed retroactively to the first of the year. HE and the other members asked what work Ball Janik has done besides prepping the Council ' members who visited Washington, D.C. Alan said they are working on getting federal funds for projects like Klickitat and T]]~ grants. They were successful in getting funds for the traffic signal interconnect project. Their invoices list the work they have done each month, and the Committee expressed interest in perhaps getting a copy of that or some other report from the administration about what they're doing. The Committee members said the only time they hear about Ball Janik is when they've gone to D.C. Otherwise, they don't know anything about what they do. Alan said administration would try to inform the Council about their work more regularly in the future. Recommend contract to COW and Regular Meeting for approval. 2. Martin Durkan Contract Jamie has had a six month contract with the City which expires ~n ~ ~r h~--'~'~ked Jamie with trying to get state funding for transportation and TUC projects. The Mayor will watch carefully to ensure the City gets our money's worth at the State level. In the first six months of the year he was working on Sound Transit routing through Tukwila. His six-month contract will cost $24,000, with no more than $500/month being spent without prior authorization each month. The Committee asked Alan if these two contracts were budgeted. He said he had $150,000 total for both contracts, which -will be close to enough. Recommend contract to COW and Regular Meeting. 3. Financial Update Alan said sales tax receipts were down, but utility tax receipts and real estate tax rebates were up, so we were up slightly for the year. The real estate tax is not explained at the State level, though Alan theorized it was last year's sale of the Mall. Dennis talked about the strain on City finances from working on the TVS annexation agreement costing up to $500,000 per year. Alan said he thought the annexation would bring the City money in the long term, though it will cost the City in the short term. Alan estimated a $10 m. bond would cost $700,000 per year in debt service. The TVS, Westfield Mall, and even Tukwila Village could bring in City revenues in the long term, but will cost some development funds before they can be successful Alan said the larger financial presentation will be in July, when he'll know more about things like Initiative 864. The large project expenditures are not shown in the current six year plan, and won't be shown until we start paying for them. The Council will need to give direction about which projects to fund. Alan said the City needs a back up plan for a