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HomeMy WebLinkAboutCOW 2004-02-09 Item 4G - Contract - Professional Services with MJ Durkan for $24,000 Plus Expenses (Jan-Jun 2004)IOLA, 0r''" 1 f 4 9 I r%. J Oa /939 ITEM INFORMATION CAS Number: 04-020 I Original Agenda Date: February 9, 2004 Agenda Item Title: Professional Services Contract with Martin J. Durkan I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known) Meeting Date COUNCIL AGENDA SYNOPSIS Meeting Date 02/09/04 Prepared by RAB Council Admin.x Initials Mayor's review 1 Council review ,c.c.s- J G H ITEM No. 4. This contract is to allow Martin Durkan to continue to represent the City locally on intergovernmental matters with King County, Washington State government, and with our Congressional delegation as appropriate. Authorize Mayor to sign agreement $24,000 General Fund (Mayor's Office Professional Services Budget) RECORD OF COUNCIL ACTION Action APPENDICES Meeting Date I Attachments 02 -09 -04 I Memo from Mayor to Finance Safety Committee Contract for Services Minutes from Finance Safety Committee dated 2/2/04 G To: Finance Safety Committee FROM: Mayor's Office DATE: January 27, 2004 MEMORANDUM SUBJECT: Professional Services Contract Martin J. Durkan Attached for your consideration is a contract with Martin J (Jamie) Durkan. Please review the contract and forward to COW for review and approval. 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 43 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: Scone 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 cif 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 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 Budget. 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, 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 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 KeeDino and Renortina. 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 Durkan January 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 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: 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 43 Street Plaza, Suite 357 Renton, WA 98055 Contract for Services MJ Durkan January 2004 Page 4 Applicable Law: Venue: Attornev'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 ATTEST /AUTHENTICATED: Mayor, Steven M. Mullet CITY CLERK, Jane E. Cantu APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: Contract for Services MJ Durkan January 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 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 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 shall not exceed five hundred dollars ($500) per month without prior approval of the City. Finance and Safety Committee February 2, 2004 DRAFT Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Keith Haines, Rhonda Berry, Lucy Lauterbach 1. Ground Rules Dave stated basic precepts he would like the committee to follow. These include being recognized by the chair, sticking to the subject, and not adding agenda items at the last minute except in the most dire straits. The other members agreed. Information. 2. City Attorney Contract with Kenyon Disend The City has had a relationship with the Kenyon Disend firm for many years. The contract this year is little changed from past years, although the fees did go up 4 or $12,000 in the annual cost. The monthly services will cost $25,978 /month. Their fee did not increase between 2002 and 2003. The Committee had few comments beyond asking that acronyms be defined Dennis asked that Shelley provide training on ethics issues such as conflict of interest, but Rhonda noted that training could probably be given by our insurance agency, Washington Cities Insurance Agency (WCIA). The Committee added executive sessions under the section detailing what meetings the City Attorney should attend. Recommend contract to COW. 3 Martin Durkan Contract Jamie Durkan is the consultant who works on issues in Olympia K�' and has worked on some Sound Transit issues in the past. This year he is working on streamlined sales tax and retiree medical insurance for us. He works in response to direction from the mayor's office. In a change from last year, this contract only covers 6 months of work rather than a year's work. The Committee was satisfied that he would only do the work necessary for the legislature this year. Recommend contract to COW. 4. Interlocal Agreement for Jail Administration When the cities first started to send prisoners to Yakima for jail, an interlocal was drawn up. Since then it has been refined, worked on by both policy makers and professional writing teams, and is now quite clear and easy to understand. Dennis thought the way the agreement specifies the integration of staff and elected officials was a model for how this kind of agreement should be written. Rhonda explained how the different layers work together. Though Tukwila is one of the 39 cities in the Jail Oversight Assembly and Jail Operations Group, we are not on the Jail Administration Group. The Committee approved the governance model. Recommend to COW. 5. Puget Sound Law Enforcement Information Exchange (LinO Since 2001Tukwila has been part of a RAIN system that shares automated information in a network among Tukwila, Bellevue, and King County. A proposal to greatly expand that group has been made, and the new group would be called LinX. Keith is co -chair of this initiative which involves southern agencies such as Kitsap County, Bremerton, Poulsbo, and the Naval Criminal Investigative Service. Bainbridge, Everett, Seattle, the Seattle Port and Snohomish as well as the State Patrol are also included in LinX King County will be invited to join in Phase 2. The proposal is to build a system that would standardize the various and different crime reporting systems of each police agency. Booking photos from jail will be another useful feature of the system. Microsoft is donating programs so far, but would like some funding to take it over. The agencies will share DRAFT information on crimes and criminals that could be useful in looking at crime on a regional basis. Dennis had several issues with the proposal, including the lack of oversight by any elected officials and the use of information subject to privacy laws that the ACLU could be concerned about. Keith assured the Committee members that LinX doesn't gather intelligence, but rather reports on crimes and criminal information that would be available to an authorized person who asked Dennis also thought one section allowed a small number of people to change policies. Some of Dennis' questions are answered in a procedure manual that's being developed. Keith thought the FBI could be asked to join, and to pay part of the costs. Paying for the system will require funding through a grant or other method. Joan asked about use of the system by officers. Officers will be able to access basic information from their cars, but more detailed information will need to be gathered at a bigger computer. If our cars got more sophisticated equipment they could access more information from the field. Joan asked if this project would require more staff. Keith said his new computer person will be a big help, but no new additional staff is needed. Keith will check some of these issues back to the LinX group, but the contract is now at all the other agencies. Reschedule. Committee chair approval