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HomeMy WebLinkAboutReg 2003-02-03 Item 4D - Contract Amendment - 2003 Lobbying Services with MJ DurkanITEM INFORMATION CAS Number: 03-008 Agenda Item Title: Amendment to Contract for Services; M.J. Durkan I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 01 27 03 Meeting Date 1/27/2003 2/3/03 COUNCIL AGENDA Sm OPSIS Initials 1 Meeting Date I Prepared by 1 Maypr's r view 1 Council review 1 I January 27, 2003 I ✓M 1 (Inti'I/ I _Is! L` I I o1� /U2 I i 9t I I!C I t I 1 1 I I I I I Council Admin. X The existing contract for services with Martin DurkanJr. for lobbying services has expired. The amendment renews the contract for 2003. Authorize Mayor to sign Amendment I Original Agenda Date: January Not to exceed $4,500.00 per month. General Fund RECORD OF COUNCIL ACTION Action 27, 2003 •S;, ITEM NO. APPENDICES Attachments Memo from Mayor's Office, Finance and Safety Committee Minutes (1/21/03) Amendment 114 to Contract for Services with Martin J. Durkan, Jr. Original contract with'Martin J. Durkan, Jr., plus ensuing amendments The following portions of Contract No. 99 -093 between the City of Tukwila and Martin J. Durkin, Jr. (Consultant) are amended as follows: Duration of Agreement. This agreement shall be in full force and effect for a period commencing January 1, 2002 through December 31, 2002, unless sooner terminated under the provisions hereinafter specified. Exhibit A. Scone of Services. The Consultant shall: 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. All other provisions Litt the contract shall remain as written and agreed to in the basic contract for services. DATED this "l d y o M iu g h 2002 CONTRACTOR CITY OF TUKWILA �c fV rV Zg rtin J. D in, Steven M. Mullet, Contractor Mayor ATTEST /AUTHENTICATED bA City Clerk, Jane E. Cantu 7i n ac 7' C Amendment 3 Contract for Services Between the City of Tukwila and Martin J. Durkin, Jr. Re q9- 093 (c) 4.pl1LA, 1908 The following portions of Contract No. 99 -093 between the City of Tukwila and Martin J. Durkin, Jr. (Consultant) are amended as follows: Duration of Agreement. This agreement shall be in full force and effect for a period commencing January 1, 2001 through December 31, 2001, unless sooner terminated under the provisions hereinafter specified. Exhibit A. Scone of Services. The Consultant shall: 1) work with Tukwila officials, King County elected officials, State elected officials and Sound Transit Board members in an effort to gain final approval of the E4 route and to assist in the approval of additional 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. All other provisions of the contract shall remain as written and agreed to in the basic contract for services. DATED this day of CONTRACTOR l City of Tukwila AG Ix3(10) 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M Mullet, Mayor p Mdrtiin r n, Jr. Contractor ATTEST /AUTHENTICATED Amendment 2 Contract for Services Between the City of Tukwila and Martin J. Durkin, Jr. O Cl .L_ C (tot (.L.C.. y Clerk, Jane E. Cantu CITY OF TUKWILA d ek-o., INA ANAL:12A Stever M. Mullet, Mayor Phone: (206) 433 -1800 City Hall Fax (206) 433 -1833 Amendment 1 Contract for Services Between the City of Tukwila and Martin J. Durkin, Jr. The following portions of Contract No. 99 -093 between the City of Tukwila and Martin J. Durkin, Jr. (Consultant) are amended as follows: Comnensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth in Exhibit B 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 ($500) per month without approval of the City. Duration of Agreement. This agreement shall be in full force and effect for a period commencing January 1, 2000 through December 31, 2000, unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain as written and agreed to in the basic contract for services. Exhibit A. Scone of Services. The Consultant shall work with Tukwila officials and business leaders to convince the Sound Transit Board members to amend the current preferred alternative route for light rail from what is commonly known as El, to that which is commonly known as E4. In addition, the Consultant shall assist in efforts to ensure that the E4 alternative is funded. All other provisions of Exhibit tAAAshall remain as written and agreed to in the basis contract for services. DATED this„ 27 day of /i eft), 2000 CONTRACTOR CITY OF TUKWILA c— 2 M Ail v.Q 4—_ Martin J. Dui1401, Jr. Steven M. Mullet, Mayor Contractor ATTEST /AUTHENTICATED ,CiEy Clerk, Jane E. Cantu /WA— 0 (ct) Contract For Services AG Q'- c93 This agreement is entered into by and between the City of Tukwila, Washington, a noncharter 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: 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 statues, 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 attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed three thousand five hundred dollars ($3,500) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed one five hundred dollars ($500) per month without prior approval of the City. Contractor Budoet. 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 Aoreement. This Agreement shall be in full force and effect for a period commencing May 1, 1999 and ending December 31, 1999 unless sooner terminated under the provisions hereinafter specified. CZ Y M] Durkan Contract for Services Page 2 Independent Contractor. Contractor and City agree that 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 Contractor nor any employee of Contractor shalt 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 he 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 as required by Paragraph M3 Durkan Contract for Services Page 3 A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. Record Keening and Renortino. 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. These records shall be maintained 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 by the City. Audits and Insnections. The records and documents with respect to all matters covered by this Agreement shall be subject 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 Aareement 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. Contract for Services MJ Durkin June, 1999 Page 4 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 address provided by the Contractor upon the signature line below. Agolicable 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 the 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 7 day of L a- c.c4_ i O o CITY OF TUKWILA CONTRACTOR: BY: 1'`10 TITLE ..c.- frt. 5 D- ATTEST /AUTHENTI CLERK, JANE E. CANTU BY:�_# Maur, John W. Rants: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Exhibit A Scope of Services MJ Durkan, Inc. (Consultant) shall work with Tukwila officials and business leaders to convince the Sound Transit Board members to amend the current preferred alternative route for light rail to serve the Tukwila Urban Center via the Martin Luther King alignment. To facilitate the above, the Consultant shall: Attend Sound Transit Board meetings on behalf of the City and report back on findings. Monitor the activities of various committees and staff activities of the Sound Transit Board and report findings to the City. Meet with members of the Sound Transit Board and provide information favorable to the City's position. Establish effective lines of communication between Sound Transit Board members and the City. Arrange and coordinate opportunities to gain support the City's position with local and state officials. 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. Exhibit B Terms of Payment The Consultant will invoice the City for the agreed upon monthly retainer, plus up to $500 in expenses at the close of each month. Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format.