HomeMy WebLinkAboutFIN 2024-11-25 COMPLETE AGENDA PACKETCity of Tukwila
Finance and Governance
Committee
O De'Sean Quinn, Chair
O Tosh Sharp
O Jovita McConnell
AGENDA
Distribution:
D. Quinn
T. Sharp
J. McConnell
A. Papyan
D. Martinez
Mayor McLeod
M. Wine
A. Youn
L. Humphrey
MONDAY, NOVEMBER 25, 2024 — 5:30 PM
ON -SITE PRESENCE:
TUKWILA CITY HALL
HAZELNUT CONFERENCE ROOM
6200 SOUTHCENTER BOULEVARD
REMOTE PARTICIPATION FOR THE PUBLIC:
1-253-292-9750, ACCESS CODE: 441656166#
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For Technical Support: 1-206-433-7155
Item
Recommended Action
Page
1.
BUSINESS AGENDA
a. Contract for 2025-2026 Structural Plan Review
a.
Forward to 12/2 Regular
Pg.1
Services.
Meeting Consent Agenda.
Nora Gierloff, Director of Community Development
b. Ratification of contract with CORT Party Rental for a
temporary tent at the Riverton Park United Methodist
b.
Forward to 12/2 Regular
Meeting Consent Agenda.
Pg.13
Church (RPUMC).
Brandon Miles, Director of Strategic Initiatives &
Government Relations
c. Contract for 2025-2026 Federal Lobbying Services.
c.
Forward to 12/9 C.O.W. &
Pg.33
Brandon Miles, Director of Strategic Initiatives &
12/16 Regular Meeting
Government Relations
Consent Agenda.
2.
MISCELLANEOUS
Next Scheduled Meeting: January2025
S. The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance.
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance and Governance Committee
FROM: Nora Gierloff
Community Development Director
BY: Wynetta Bivens
Assistant to the Director
CC: Mayor McLeod
DATE: 11/19/24
SUBJECT: Draft 2025-2026 Reid Middleton Contract
ISSUE
DCD would like to execute a new contract to retain Reid Middleton Inc. to perform
structural plan review and inspection services for compliance with Washington State and
Tukwila adopted codes.
BACKGROUND
DCD has contracted with Reid Middleton Inc. for consultant services for over 25
years. And currently has a contract with Reid Middleton Inc., which will expire
12/31/24.
DISCUSSION
DCD is requesting approval of a new contract with Reid Middleton to continue
needed on -going consultant services.
FINANCIAL IMPACT
There are no financial impacts to the budget. This is a revenue backed service through the
permit process.
RECOMMENDATION
The Committee is being asked to approve the Draft Reid Middleton Inc. contract and for it
to be forwarded to the City Council 12/2/24 consent agenda.
ATTACHMENTS
Draft 2025-2026 Reid Middleton Inc. Contract with Exhibits
1
2
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as the City ", and Reid Middleton inc., hereinafter referred to as 'the Consultant ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the city to perform structural plan review
and inspection services for compliance with Washington State and Tukwila adopted codes.
2. ,Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement: Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution 1/1/2025 and ending on 12/31/2026, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than 12/31/2026 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
13 'attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $300,000 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant' s records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
3
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant' s endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in 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, 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 Consultant
and the City, its officers, officials, employees, and volunteers, the Consultants liability
hereunder shall be only to the extent of the Consultant 's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant'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.
8. Insurance,. The Consultant 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 Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant 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 with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May2020
4
Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant'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 Cons ultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant 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 Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City 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 Consultant 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 Consultant 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 Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the
Consultant 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 for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May2020
Page 3
5
11. Discrimination Prohibited. 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. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue: Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
16. $everability 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Reid Middleton, Inc.
728 134th Street SW, Ste. #200
Everett, WA 98204
Invoices are to be sent to the Building Official at the following address:
Building Official
City of Tukwila
6300 Southcenter Boulevard #100
Tukwila, WA 98188
CA revised May2020
6
Page 4
18. Entire Agreement: Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant 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.
CA revised May2020
Page 5
7
DATED this
day of , 20
** City signatures to be obtained by ** Consultant signature to be obtained by
City Clerk's Staff ONLY. **
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
sponsor staff. **
CONSULTANT:
By:
Printed Name: Corbin Hammer, P.E., S.E.
Title: Director, Structural Engineering
CA revised May2020
8
Page 6
EXHIBIT "A"
CITY OF TUKWILA 2025-2026
Scope and Schedule of Services
The objective of this Agreement is to provide structural code compliance plan review by
Reid Middleton (Consultant) for proposed new and remodeled buildings within the City of
Tukwila (the City) as specifically requested in writing by the Building Official or his
designee. The consultant shall perform services and provide necessary equipment,
materials and professionally trained, licensed, and experienced personnel to accomplish the
plan review.
On behalf of the Department of Community Development, Building Division, the
consultant will perform structural plan review to establish compliance with the structural
provisions of the International Building Code as amended by the State and as adopted by
the Cityof Tukwila.
During the plan review process, the Consultant may contact the permit applicant directly to
request submission of additional information to the city. The Consultant will keep a
written record of this communication in the project file.
Upon completion of each plan review, the Consultant will furnish a summary plan review
letter directly to the Building Official and a copy to the permit applicant outlining
discrepancies in the plans, reports, and/or calculations (as applicable).
The Consultant will perform follow-up plan reviews as required to confirm that plans have
been corrected adequately to address comments in the original plan review. In these
instances, the Consultant will furnish additional letters directly to the Building Official and
a copy to the permit applicant summarizing the results of the review. When the Consultant
is satisfied that the proposed structural work is in compliance with the structural provisions
of the Building Code, the Consultant will issue a final letter stating that there are no further
comments.
The plan review services for each permit applicant will be treated as an individual project.
The Consultant will track associated labor and material costs according to each project and
invoice the City accordingly. The Consultant will invoice the City prior to the 10th of each
month.
The city may need other structural engineering services throughout the term of the on -call
agreement. For these instances, the Consultant will perform structural engineering services
as mutually agreed to by both parties. The scope of work, fee, and schedule for the
additional structural engineering services will be defined and negotiated at the time the
additional work is requested.
9
The City, in entering into this agreement, does not guarantee that any services will be
requested not guarantee any specific dollar amount of work during the term of this
Agreement.
The City shall respond to the consultant's telephone or E-mail inquiries concerning
interpretation of City Standards within three (3) working days.
The Consultant shall complete the specified work generally within ( 5) calendar days of
written notification by the City. (Large and/or complex projects may take longer to review,
but re concurrence by City of time extension.)
The Consultant shall perform work described in this Agreement in accordance with the
latest edition and amendments to the Washington State Building Code as adopted and
amended by the City of Tukwila.
The city shall administer issuance of building permits and certificates of occupancy. The
Consultant will assume no responsibility for proper on -site construction techniques, job site
safety, or any construction contractor's failure to perform its work in accordance with
approved plans, contract documents, and permit conditions.
Corrections or comments made during the review process do not relieve the project
proponent or designer from compliance with requirements of codes, conditions of approval,
or permit requirements. Nor is the designer relieved of responsibility for a complete design
in accordance with the laws of the State of Washington.
10
Reid Middleton, Inc.
Exhibit "B" Schedule of Charges Effective
January 1, 2025 through December 31, 2026
I. Personnel Hourly Rate
Principal $ 260.00 - $ 300.00
Associate Principal/Principal Engineer/Principal Planner/Principal Surveyor $ 240.00 - $ 270.00
Associate $ 215.00 - $ 240.00
Senior Engineer/Senior Planner/Senior Surveyor $ 195.00 - $ 215.00
Senior Designer $ 185.00 - $ 200.00
Project Engineer/Project Designer/Project Surveyor/Project Planner $ 175.00 - $ 195.00
Design Engineer/Designer II/Design Technician/Survey Crew Chief/
Technical Writer II/ Graphic Designer II $ 155.00 - $ 175.00
Designer I/Planner/CAD Technician II $ 145.00 - $ 155.00
Project Administrator $ 135.00 - $ 145.00
CAD Technician I/Survey Technician/Technician/Technical Writer I $ 110.00 - $ 135.00
Survey Crew
Survey Crew
Survey Crew
1 Person/RTK/Robotic/Scanning) $ 165.00
2 Person/RTK/Robotic/Scanning) $ 225.00
3 Person/ RTK/Robotic/Scanning) $ 280.00
Expert Witness/Forensic Engineering 1.5 times usual hourly rate (4 hour minimum)
Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific
project requirements. Charges for such personnel will be comparable to charges for regular Reid
Middleton personnel.
A premium may be charged if project requirements make overtime work necessary.
II. Equipment Rate
Design Software/Computer Aided Drafting $ 12.00/hour
III. Reimbursable Expenses
Local Mileage - Automobile $ 0.670/mile
Local Mileage - Survey Truck $ 0.670/mile
Expenses that are directly attributable to the project are invoiced at cost plus 15%. These expenses
include, but are not limited to, subconsultant or subcontractor services, travel and subsistence,
communications, couriers, postage, fees and permits, document reproduction, special instrumentation and
field equipment rental, premiums for additional insurance where required, special supplies, and other costs
directly applicable to the project.
A new schedule of charges is issued and becomes effective July 1 each year. Charges for all work,
including continuing projects initiated in prior years, will be based on the latest schedule of charges.
IV. Client Advances
Unless the parties agree otherwise in writing, charges for the following items shall be paid by the client
directly, shall not be the responsibility of Reid Middleton, and shall be in addition to any fee stipulated in
the agreement: government fees, including permit and review fees; soils testing fees and costs; charges for
aerial photography; and charges for monuments. If Reid Middleton determines, in its discretion, to
advance any of these costs in the interest of the project, the amount of the advance, plus a fifteen percent
administrative fee, shall be paid by the client upon presentation of an invoice therefore.
H:\FORMS\EXHIBITS\2024-A.doc (sla 05/16/24)
Reid iddleton
11
12
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Brandon Miles, Director of Strategic Initiatives & Government Relations
CC: Thomas McLeod, Mayor
DATE: November 19, 2024
SUBJECT: Ratification of Cort Rental Agreement
ISSUE
Ratify the Mayor's authorization to enter a contract with Cort Rental to install a temporary tent at
the Riverton Parked United Methodist Church in Tukwila, not to exceed $391,019.46.
BACKGROUND
On October 6, 2023, Mayor Allan Ekberg issued a proclamation declaring a state of emergency
to respond to the growing influx of asylum seekers in the City. The proclamation was
subsequently ratified by the City Council. Tukwila Municipal Code (TMC) 2.57 allows the Mayor
to quickly execute agreements, even above the Mayor's signing authority when an emergency
has been declared. TMC 2.57.040 (3) requires that the City Council ratify the agreements the
Mayor has signed to respond to the emergency.
DISCUSSION
As part of the City's strategy to provide humanitarian housing, while looking for long term
housing solutions for asylum seekers, the City rented a "FEMA style" tent. At its peak, the tent
housed 77 individuals. The City successfully found housing solutions for people in the tent and
the tent has now been removed.
FINANCIAL IMPACT
The total financial expenditure was $391,019.46. The City expects to receive grant funds to
reimburse the City for most, if not all, of the costs.
RECOMMENDATION
Ratify the Mayor's execution of a contract with Cort Rental in the amount of $391,019.46.
ATTACHMENT
Executed contract with Cort Rentals.
13
14
47
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 24-041(b)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #2
Between the City of Tukwila and CORT Party Rental
That portion of Contract No. 24-041 between the City of Tukwila and CORT Party Rental is hereby
amended as follows:
Section 2:
The total amount to be paid per Section 2 is hereby increased to $391,019.46.
Section 4:
The contract duration is hereby amended to have an end date of November 5th 2024.
Exhibit C:
Exhibit C is hereby amended to reflect the increase in total contract consideration shown in
Section 2.
All other provisions of the contract shall remain in full force and effect.
Dated this 23rd day of October, 2024.
15
Initial
** City signatures to be obtained by ** Contractor signature to be obtained by
City Clerk's Staff ONLY. ** sponsor staff. **
CITY OF TUKWILA CONTRACTOR:
Signed by:
bw�aS ka,t,0b,
„F„.„,„eFaenr
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Signed by:
VlO4AR9746FAMF8
Andy Youn, CMC, City Clerk
APPROVED AS TO FORM:
Signed by:
I%`FE4 F'...
Office of the City Attorney
By:
,--Signed by:
\.— 1S60ACO2A49E41E...
Printed Name: Fel i X Fel i pa
Title: Project Manager
1 CA Reviewed May 2020
Page 2 of 3
AGREEMENT FOR CONTRACT SERVICES
Exhibit C: Contract Coding (AMD #2)
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL Object
Amount ($)
1
Tent Installation
GF000510
541007
12301001
5000000
14,388.51
2
1st 28-Day Period Rental
39,876.67
3
2nd — 7th 28-Day Period Rental
226,423.04
4
Final 28-Day Period Rental
39,866.80
5
Tent Removal
10,359.31
6
Diesel Refueling
15,854.40
7
Generator Refueling
7,266.60
8
Maintenance Checks
6,000.00
9
Final Month of Rental +
Closeout
30 984.13
'
Total:
$391,019.46
Notes:
• Contractor shall be paid via check mailed by United States Postal Service
• Contractor shall be paid only upon issuance of written invoice(s) to the City
• Verification of work shall be provided by Innovative Impact Strategies
CA Reviewed May 2020
Page 3 of 3
17
18
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 24-041a
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and CORT Party Rental
That portion of Contract No. 24-041 between the City of Tukwila and CORT Party Rental is hereby
amended as follows:
Section 2:
The total amount to be paid per Section 2 is hereby increased to $360,035.33.
Section 4:
The contract duration is hereby amended to have an end date of October 27, 2024. The City
of Tukwila reserves the right to end its rental of assets from the contractor on September
27, 2024.
Exhibit C:
Exhibit C is hereby amended to reflect the increase in total contract consideration shown in
Section 2.
All other provisions of the contract shall remain in full force and effect.
Dated this 26th day of August, 2024.
CA Reviewed May 2020
Page 1 of 2
19
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA CONTRACTOR:
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk
APPROVED AS TO FORM:
Signed by: a t
CC499CA4165C452...
Office of the City Attorney
By:
Signed by:
Lil
t,(i Ft,(ipa
1566ACO2A49E41 E...
Printed Name: Felix Fel i pa
Title: Project Manager
20 CA Reviewed May 2020
Page 2 of 2
AGREEMENT FOR CONTRACT SERVICES
Exhibit C: Contract Coding (AMD #1)
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL Object
Amount ($)
1
Tent Installation
GF000510
541007
12301001
5000000
14,388.51
2
1st 28-Day Period Rental
39,876.67
3
2nd — 7th 28-Day Period Rental
226,423.04
4
Final 28-Day Period Rental
39,866.80
5
Tent Removal
10,359.31
6
Diesel Refueling
15,854.40
7
Generator Refueling
7,266.60
8
Maintenance Checks
6,000.00
Total:
$360,035.33
Notes:
• Contractor shall be paid via check mailed by United States Postal Service
• Contractor shall be paid only upon issuance of written invoice(s) to the City
• Verification of work shall be provided by Innovative Impact Strategies
Initial Initial
21
22
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number: 24-041
Approved per Emergency
Proclamation 10/06/23
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 CORT Party Rental, hereinafter
referred to as "the Contractor," whose principal office is located at
6101 Associated Boulevard Suite 102 Everett, WA 98203.
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 $284,035.33 at a rate per Exhibit A plus
estimates for heater and generator refueling and bi-weekly maintenance checks.
3. Contractor Budaet. 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 Aareement. This Agreement shall be in full force and effect for a period commencing
February 27, 2024, and ending August 27, 2024, 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 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.
CA Revised May 2020 Page 1 of 4
23
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 with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 4
24
of not less than A: VII.
E. 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.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. 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 Keepina 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, 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 Aareement: 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.
CA Revised May 2020 Page 3 of 4
25
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 address provided by the Contractor upon the
signature line below.
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.
Eq\i\ifi
DATED this 26t" day of February, 2024.
CITY OF TUKWILA
DocuSigned by:
Uis
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Thomas McLeod, Mayor 4/5/2024 4:35 PM PDT
ATTEST/AUTHENTICATED:
/DooccuSigned by:
3.DLL4AR974&F_A_ FR
Andy Youn, City Clerk
APPROVED AS TO FORM:
FDocuSigned by:
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.6E499CA41.66E4.62...
Office of the City Attorney
CONTRACTOR:
DocuSigned by:
By: li FtLp
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Printed Name:Fel i x Fel i pa
Title: Project Manager
6101 Associated Blvd suite 102
Address: FvPrPtt wa 98703
26
CA Revised May 2020 Page 4 of 4
City of Tukwila Pricing (Confidential) - Riverton
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12.5m x 22.5m x 4m (41'x74') Clearspan Structure
Solid Wall, 4m tall surround, (HVAC, Solid Panels, Doors)
Double Glass Door w/Filler Wall Surround
Lay Down Sub Floor, PVC Non -Slip Finish
Entrance Transitions, ingress/egress
Interior LED Hi -Bay Lighting & Exterior LED Light, Fans
Diesel Heat w/thermostat control and ducting
Power Distribution, 4 - 20 Amp, 2 - 15 Amp Circuits
Light Switch Outfit
Hybrid Generator, 20kw, includes emission surcharges
Transcube, 251 gallon fuel cube
Fire and Safety Package
Storage Container
Emergency Wall Add On
Diesel Fuel (Refills) 1st Month
Diesel Fuel (Refills) Estimate Future Months
14" x 16" Base Plates
8' x 1.5" Drape Uprights
3'-5' Telescoping Crossbars
6'-10' Telescoping Crossbars
8' x 4' Banjo Drape (5 on Family/ 3 on Singles
Equipment Subtotal
Install/Removal Services
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30
AGREEMENT FOR CONTRACT SERVICES
Exhibit C: Contract Coding
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL Object
Amount ($)
1
Tent Installation
G F000510
541007
12301001
5000000
14,388.51
2
1st 28-Day Period Rental
39,876.67
3
2nd — 5th 28-Day Period Rental
150,423.04
4
Final 28-Day Period Rental
39,866.80
5
Tent Removal
10,359.31
6
Diesel Refueling
15,854.40
7
Generator Refueling
7,266.60
8
Maintenance Checks
6,000.00
Total:
$284,035.33
Notes:
• Contractor shall be paid via check mailed by United States Postal Service
• Contractor shall be paid only upon issuance of written invoice(s) to the City
• Verification of work shall be provided by Innovative Impact Strategies
31
32
T0:
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
Mayor McLeod
Finance and Governance Committee
FROM: Brandon Miles
Director of Strategic Initiatives & Government Affairs
BY: Cheryl Thompson
Executive Coordinator
DATE: November 18, 2024
SUBJECT: 2025-2026 Contract for Federal Government Affairs Services
ISSUE
The City would like to contract with CFM Advocates for Federal Government Affairs Services
for 2025-2026.
BACKGROUND
The City previously contracted with Summit Strategies for Federal representation and
legislative services. The contract with Summit Strategies was terminated in April 2024, and
the City conducted a Request for Proposals for Federal Lobbying Services which closed on
October 15, 2024.
DISCUSSION
CFM Advocates submitted a proposal for federal lobbying services for 2025-2026. After
meeting with the top two proposing firms, the City has opted to pursue an agreement with
CFM Advocates. The CFM Federal Team consists of six full-time lobbyists and two
administrative support staff. Each lobbyist brings a unique set of relationships and
experience working with Congress and the federal government. At least one Partner will serve
as the primary point person and work with other dedicated staff members to provide services
to Tukwila. They specialize in representing municipal governments in the Pacific Northwest.
Beginning in January CFM Advocates will visit the City of Tukwila to learn what the City hopes
to accomplish in Washington, D.C. They will conduct interviews with Tukwila's elected
officials and/or staff to become familiar with the City's federal priorities. CFM will monitor
federal policy legislation, inform City officials of issues that may hinder or advance Tukwila
goals, provide guidance and assistance regarding federal funding opportunities and identify
key officials and contacts for City staff.
The draft contract provides these services at a monthly flat rate of $6,000 per month, not to
exceed $72,000 per year without written authorization from the City.
33
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Committee is being asked to move this contract forward to the December 9, 2024,
Committee of the Whole and the December 16, 2024, consent agenda.
ATTACHMENTS
Draft 2025-2026 Contract for Federal Government Affairs Services
https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2024/InfoMemo re 2025-2026 Contract for Federal
Government Affairs Services DRAFT.docx
34
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and CFM Advocates, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Federal government
affairs services.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing on January 1, 2025, and ending December 31, 2026, unless
sooner terminated under the provisions hereinafter specified.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $72,000 per calendar year at a rate of $6,000 per month without express
written modification of the Agreement signed by the City.
B. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
C. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 1
35
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in 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, 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
Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Consultant'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.
8. Insurance. The Consultant 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 Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant 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 with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent
contractors and personal injury and advertising injury. The City shall be named
as an additional insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City using an
additional insured endorsement at least as broad as ISO endorsement form CG
20 26.
36 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 2
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to
the Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. lithe Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for
the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Contractor, irrespective of whether such limits maintained by the
Contractor are greater than those required by this Contract or whether any certificate of
insurance furnished to the Public Entity evidences limits of liability lower than those
maintained by the Contractor.
C. Other Insurance Provision. The Consultant'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 Consultant's
insurance and shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant 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
Consultant shall furnish certified copies of all required insurance policies, including
endorsements, required in this Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City 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 Consultant 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 Consultant 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 Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the
Consultant 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
CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 3
37
or otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect
to the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. 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. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to
do so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
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16. 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
Brandon Miles
Director of Strategic Initiatives and Government Relations
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
CFM Advocates
Washington State Office
1220 Main Street
Vancouver, WA 98660
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant 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.
DATED this day of , 2024.
CITY OF TUKWILA CFM Advocates
Thomas McLeod, Mayor David Hodges, Partner
Attest/Authenticated:
AndyYoun, City Clerk
Approved as to Form:
City Attorney's Office
CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 5
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Exhibit A
Scope of Work
CFM Advocates
1. Scope of Work: CFM Advocates will provide federal representation, strategic advice, and
lobbying services for the City of Tukwila related to securing federal authorization and
funding for key projects identified by the City and/or advising the City about matters
associated with implementation of federal statutes, rules or regulations that could
adversely affect the City's ability to deliver services to its residents. CFM Advocates will also
work with City officials, City staff, the Washington Congressional delegation, key
Congressional Committees, and Administration officials to build upon previous work done
by the City and to take advantage of new programs initiated by the current Administration.
CFM Advocates' work on behalf of the City in 2025-2026 will primarily be focused on
representing the City's interests on the following initiatives:
A. Advising the City about opportunities to secure federal funding for major Transportation
projects identified by the City, including but not limited to:
• BNSF Intermodal Alternative Access Project;
• Strander Blvd Extension Project;
• Sidewalk improvements; and
• Boeing Access Road Light Rail Station (Sound Transit project, but Sound Transit may
need Federal funds).
B. Monitoring federal tax proposals and entitlement reforms which are considered by
Congress, keeping City officials informed about policy proposals which could shift safety
net expenses from the federal government to local government, and sharing City
responses with the Washington Congressional delegation.
C. Monitoring federal grant opportunities that align with city priorities, particularly around
affordable housing, informing the City about these opportunities and the deadlines
associated with them, and advising the City on the applications.
D. Representing the City's interests in terms of the BNSF intermodal rail yard in Tukwila,
keeping them informed about developments that may be adverse to the City's interests.
E. Monitoring Congressional implementation of the Infrastructure Investment and Jobs
Act (IIJA) and advising the City about discretionary funding Notices of Funding
Opportunity (NOFOs) associated with implementation of the IIJA. CFM will also advocate
for the extension of these critical infrastructure programs in Congress.
F. Monitoring and advising on Congressional efforts at immigration reform and funding to
assist cities.
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CFM Advocates' work will primarily be focused on the interests outlined above, but in terms
of overall federal policy, CFM Advocates will continue to generally monitor legislation being
considered by Congress and will inform City officials about legislative proposals that will
either advance or hinder Tukwila's efforts to achieve its primary goals and priorities.
Included within this general monitoring will be possible Congressional action governing
telecommunications and local control over franchising, environmental, energy
conservation, affordable housing, emergency responders, water policy bills, and general
authorizations that would affect the work of the U.S. Army Corps of Engineers, the
Environmental Protection Agency, FEMA or the U.S. Department of Homeland Security.
On matters of appropriations, Congress reinstated Congressionally Directed Spending
(CDS) (formerly called earmarks) in FY22 appropriation bills and has continued the CDS
funding through the pending FY25 round. CFM Advocates expects both the Republican
controlled Senate and House of Representatives to continue supporting CDS spending in
the FY26 appropriation bills. CFM Advocates encourages the City of Tukwila to identify three
or four priority CDS project requests that can be submitted to your Congressional delegation
by early spring of 2025 to be included in the FY26 appropriation bills.
CFM also provides grant writing services as part of our retainer -based contract. Due to the
time intensive nature of many of the new grant programs created under the Bipartisan
Infrastructure Law, CFM provides its grant writing services to our retainer clients for an
additional fee of $12,000 for drafting each grant narrative that is expected to exceed 10
pages in length. CFM will work with the City of Tukwila's leadership team to determine when
this fee would be appropriate.
Projects and priorities can be re-evaluated in the course of the year as Congressional and
City priorities and agendas change and new opportunities to enhance federal financial
support for City projects are presented. CFM Advocates will meet with City officials as
requested by the City.
2. Specific Services: CFM Advocates will be responsible for the following:
• Inform the City of key timelines for proposed responses to federal notices of funding
availability that the City may want to consider
• Advise the City about key federal officials and contacts that the City should meet with to
advance its federal goals
• Periodically brief appropriate congressional and federal officials about Tukwila's
priorities identified in the above Scope of Work
• Advise City of key dates in the congressional and administrative calendar that impact its
goals
• Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all
key members of the Washington congressional delegation
• Advise City of new regulations, programs, or proposed legislation that relate to those
areas of focus outlined in the above Scope of Work
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• Specifically monitor, analyze, report on, and make recommendations for initiatives and
project requests for major reauthorization of legislation, and the annual appropriations
bills
• Continue to work with and advise the City about strategies associated with the BNSF
intermodal rail yard and federal policies affecting its operation
• Coordinate one set of meetings in Washington, D.C. for City officials, scheduling
meetings with Congressional and administration officials and attend those meeting with
City officials.
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Exhibit B
Terms of Payment
CFM Advocates will invoice the City for the work completed at the rate of $6,000 per month inclusive
of expenses. Invoices will be paid within twenty (20) days of receipt. Pre -authorization for travel
expenses or other extraordinary expenses that might be incurred during this representation must
be authorized by the City in writing prior to presentation for reimbursement by the City.
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