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HomeMy WebLinkAbout19-178 - David Foster - Lobbying ServicesCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES 19-178 Contract Number: Council Approval N/A 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," andDavid Foster, 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 Contractorfor services renderedaccording 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 $39,000at a rate of $3,250 per month. 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 commencingDecember 1, 2019, andendingNovember 30, 2020, 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. 6. Indemnification.The Contractor shall defend, indemnify and hold the City, its officers, agents, 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 City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, Foster Contract for Lobbying Services 0 ai Page 1 of 6 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 City, 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 Liabilityinsurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insuranceshall 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. If the contractor is a sole proprietor that only utilizes their personal vehicle during the performance of this contract the Commercial Automobile Liability requirements are waived and the Contractor shall obtain and maintain, at Contractor's expense, and keep in effect during the term of the contract, a personal automobile insurance policy with a minimum limit of $250,000 per occurrence, $500,000 aggregate and $250,000 property damage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Per RCW 51.12.020 (5) this provision is waived for sole proprietors. B. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. C. 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. D. 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. E. 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. F. 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 Foster Contract for Lobbying Services Page 6 of 6 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 Consultant, 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 or the presence of any disability 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the following address: Foster Contract for Lobbying Services Page 6 of 6 David Foster 3646 48th Ave SW Seattle WA 98116 16. 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 other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that 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. de/V s ' DATED this day LA' ? of , 2019. CITY OF TUKWILA David Cline, City Administrator APPROVED AS TO FORM Office of the City Atto CONTRACTOR David Foster Foster Contract for Lobbying Services Page 6 of 6 EXHIBIT A SCOPE OF WORK 1. Overview The Client (City of Tukwila) seeks from David Foster (Contractor) representation and consulting services before the Washington State Legislature and Executive Branch. The Client wishes David Foster to assist in improving its existing legislative program and implementing its 2020 legislative agenda. The goal of the legislative agenda is to secure and provide for the Client the protection of current resources, rights, programs, and requirements already established in the law. Beyond this, the goal is to identify and promote changes that are needed by the Client. 2. Duties of Contractor • Assist Client to develop/refine its legislative approach o Assist Client to increase its legislative profile and prominence. o Work closely with the Client and the Client's designees to implement the Client's legislative program. o Assist in the review of documents associated with Client's legislative program and distribution of materials to appropriate parties • Attempt to develop, pass, stop or amend legislation as desired by the Client, to the best of the Contractor's ability. • Build a positive and effective legislative presence for the Client to benefit future legislative efforts. • Meet with such legislators, legislative staff, executive staff, and state administrative personnel as necessary or advisable for the timely and successful completion of the Contractor's responsibilities. • Attend meetings or participate in conferences as requested by the Client. o Participate in conference call and meetings as needed o Keep the appropriate designees informed of legislative deadlines and protocols. • Attend meetings of and work with other organizations and coalitions that would benefit the Client's legislative program. • Assist the Client to identify bills of interest o Work with Client staff to screen bills to determine if the Client or designee should do full review. o Work the Client to select bills that the Contractor should track. • Assist Client to track bills of interest • Assist the Client to communicate with legislators, the executive, and legislative staff o Support the Client as it develops positions. o Keep the Client informed regarding positions of other stakeholders. o Identify meetings and hearings at which the Client should be present or should testify; if the Client or designee cannot attend, the Contractor will be called on to participate on the Client's behalf. • Assist the Client to tailor its messages and communications for different audiences. • Assist the Client to participate in legislative planning related activities o Identify opportunities for the Client to participate in coalitions, committees, or studies. o As reasonably requested, assist the Client in participating in the appropriate coalitions, committees, or studies. EXHIBIT B Foster Contract for Lobbying Services Page 6 of 6 Terms of Payment David Foster will invoice the City for the work completed at the rate of $3,250 per month, which includes any expenses incurred by the contractor. Invoices will be paid within twenty (20) days of receipt. Foster Contract for Lobbying Services Page 6 of 6