HomeMy WebLinkAbout19-057 - Grisham Marty - Public Information Officer Services Relating to Shasta CorporationContract Number: 19-057
City of Tukwila Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
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 Marty Grisham, hereinafter
referred to as "the Contractor".
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower 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:
1. 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.
2. 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 attached hereto and incorporated herein by
this reference. The total amount to be paid shall not exceed $15,000 at a rate of $200 per hour.
3. 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.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
March 6, 2019, and ending December 31, 2019, unless sooner terminated under the provisions
hereinafter specified.
5. 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 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.
Grisham Contract for Services
Page 1 of 4
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the Public
Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Contractor's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and
limits as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance: Waived.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
Grisham Contract for Services
Page 2 of 4
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance
as required shall constitute a material breach of contract, upon which the City may, after giving
five business days notice to the Contractor to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) 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.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance
of this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. 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 immediately.
11. Discrimination Prohibited. The Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12. 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.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless it is in writing and signed by the
parties.
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
Grisham Contract for Services
Page 3 of 4
15.Not|ces' Notices tothe City ofTukwila shall besent to the following address:
City Clerk, City ofTukwila
820USouthcenterBlvd.
Tukwila, Washington S8188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16'AuuoUicmbUe Law. Venue. Affmmnev'm Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State ofVVoahinghon. In the evert any suit, arbitrobon, or other
proceeding is instituted to enforce any term of this Aoreement, the parties specifically understand
and agree that venue shall be properly laid in King County, Washington. The prevailing party inany
such action shall beentitled toits attorney'ofees and costs ofsuit.
DATED 1Z
day of 2019.
CITY OF TUKWILA
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City Clerk, ChrisO'
Christy
APPROVED /\STOFORM:
6—ffice of the City,Aitorne'y
CONTRACTOR
Marty rieh",m~
2522South 305mPlace
Federal Way WA 98003
Grisharn Contract for Services Page 4of4
Exhibit A
March 1. 2019
Rachel Bianchi
62i71b0 Southcenter Blvd
WA 98188
Ms. Bianchi,
MartyGvishatu
2522 S. 365th Place
Federal !7.0;10'.i
206 356-9361
futgnsit4rn4conicast_net
fhank von for the opporiamitv to work with the (iiv of Tukwila 'hereafter referred Lo a.s
the City-. 1 appreciate getting to 5hary and contribute rny strengths ;cud proficiencies with
the City. •Fhe ItAlowing is a statement of work I propose to provide.
The scope of my work will lw centered around, but not exclusively 1initcd to addr
issues involving- the Shasta Corporation complex t.v...tic. Nty deliverables will be 111 the
for nt of supporting the GUN- with media interaction and act as Liaison to outside ;-,igencies,
individuals and staiteholder who may have inquiries or a need for information regarding
the issues_
MY it. will be S200.00 per hour. I will keep accurate reconis and provide a written
report cY er; two weeks that will include the dates and hours 1 worited, arid a lurid'
summary of the work 1 conducted during that time. 1 will attend mecting-s as. it -quire&
monitor ennuis for situational awareness and make and answer phone
The City will provide mi.- with a laptop computer, email address and cellphrine if, support
My connectivity with Cit officials md others as neciJed to support m' aeszEignments- My
coon -net with the Citv will not include ariv benefits or per diem costs_
I his contract. will cover the dates of March 6, 2019 until such time as ,Jie City kiennme
nn!. sec% ices an- no longer needed. or total compensation reaches $15,0041.
Nly 38 vcar his' tort: with the City- has ployeri my experience and skills in both these, areas.
As the fire Department Public InfOrrnation Officer for over 15 vi-ars, 1 have an extertsiyr
background and experience workii ig with our friendY in the media. \iv- experience as the
City Linergcney Manager since 2009 also provided countless inn-inn:dons with outside
4ncirs etc as at representative of the Citv
SineerelY yurs,
..Math Grisham