HomeMy WebLinkAbout25-306 - Contract - Foster Government Relations, LLC - 2026 State Lobbying ServicesCity of Tukwila
•,° 6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number: 25-306
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," and Foster Government Relations,
LLC, 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 anyway.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
accordingto 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 $48,000 at a rate of $4,000 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 commencing
January 1, 2026, and ending December 31, 2026, unless sooner terminated under the provisions
hereinafter specified.
S. 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 byvirtue of the services provided underthis Agreement. The Cityshall 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 attorneyfees, 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
competentjurisdiction 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 City, its officers, officials,
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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 forthe 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.
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 Contractorshall provide the City and all Additional Insureds forthis
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
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.
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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:
David Foster
3308 43 rd Ave N E
Seattle, WA 98105
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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.
DATED this 20th_ day of ___ November_____, 2025.
CITY OF TUKWILA
BM CSigned by:
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Thomas McLeod, Mayor
Attest/Authenticated:
Signed by:
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Andy Youn-Barnett, City Clerk
Approved as to Form:
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Signed by:
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Kari L. Sand, City Attorney
CONTRACTOR
EvDocuSigned by:
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David Foster
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EXHIBITA
SCOPE OF SERVICES
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 2026 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.
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Terms of Payment
David Foster will invoice the City forth ework completed at the rate of $4,000 per month, which includes any
expenses incurred by the contractor. Invoices will be paid within twenty (20) days of receipt.
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