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Home My WebLink About12-120 - Beery Elsner & Hammond LLP - Fiber Consortium CounselCity of Tukwila Department of Public Works Jim Haggerton, Mayor Bob Giberson, P.E., Director CONTRACT FOR SERVICES Amendment #3 That portion of Contract No. 12-120 between the City of Tukwila and Beery Elsner & Hammond, LLP is amended as follows to extend such contract for another year: Section 3: 3. Duration of Agreement. This Agreement shall be in full force and effect through the period ending December 31, 2015, unless sooner terminated under the provisions hereinafter specified. All other provisions of the Contract shall remain in full force and effect. Dated thisAVuay of )E',/./1,,, 20i CITY OF TUKWILA ATTEST/AUTHENTICATED CONTRACTOR Pamela J. Bee, Manag APPROVED AS TO FORM City lerk City soLa 6 Nvi9-c-S W:\ pweng\projects \communications \ ccc \contractI2-120 amendment #343ccry Elsner & I lammond LLP 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-433-0179 • Fax: 206-431-3665 City of Tukwila Contract Number: 12 -120 (b) 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment #2 That portion of Contract No. 12 -120 between the City of Tukwila and Beery Elsner & Hammond, LLP is amended as follows to extend such contract for another year: Section 2: 2. Compensation and Method of Payment. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval in the form set forth on Exhibit "B" as attached to Contract No. 12 -120. The City shall pay Consultant its regular hourly rates as set forth on Exhibit "C" as attached to Contract No. 12 -120, in a total amount not to exceed $20,000. Section 3: 3. Duration of Agreement. This Agreement shall be in full force and effect through the period ending December 31, 2014, unless sooner terminated under the provisions hereinafter specified. Exhibit A: Exhibit A — Scope of Services Consultant shall provide advice to the City of Tukwila regarding telecommunications issues related to the Fiber Consortium, including consultation relative to legal review and discussion of draft and final Project Agreements, teleconferences, meetings, amendment of interlocal agreement and potentially a conduit policy, and other matters related to the Fiber Consortium as requested by authorized representatives of the City of Tukwila. All other provisions of the Contract shall remain in full force and effect. 5Ice 02 l‘//v./.9-&3 Page 1 of 2 DATED this 3P1 day of '.Ti ti41 CITY OF TUKWILA ATTEST /AUTHENTICATED CONTRACTOR Pamela J. Beery anagi g Partner APPROVED AS TO FORM L. :y Attorney Page 2 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 12-120(a) CONTRACT FOR SERVICES Amendment # 1 That portion of Contract No. 12 -120 between the City of Tukwila and Beery Elsner & Hammond, LLP is amended as follows: Section 2: 2. Compensation and Method of Payment. The city shall pay Consultant for services rendered within ten (10) days after City Council voucher approval in the form set forth on Exhibit "B" attached hereto and incorporated herein by this reference. The City shall pay Consultant its regular hourly rates as set forth on Exhibit "C" attached hereto, in a total amount not to exceed $20,000. Consultant shall complete and return Exhibit "D," Taxpayer Identification Number, to the City prior to or along with the first billing voucher submittal. Section 3: 3. Duration of Agreement. This agreement shall be in full force and effect through the period ending December 31, 2013, unless sooner terminated under the provisions hereinafter specified. Exhibit A: Exhibit A — Scope of Services Consultant shall provide advice to the City of Tukwila regarding telecommunications issues related to the Fiber Consortium, including consultation relative to legal review and discussion of draft and final Project Agreement 64, teleconferences, meetings, amendment of interlocal and potentially a conduit policy. All other provisions of the contract shall remain in full force and effect. {00259498; 1 } i S -L - F6 /itM -e- S' Page 1 of 1 Dated this o� day of '►A , 20 CITY OF TUKWILA ATTEST /AUTHENICATED CONTRACTOR cg,„b„ /2 /4Z Pamela J. Beery, Managing Partner APPROVED AS TO FORM C i ty Clerk / L, C y Attorney {00259498; 1 } Contract No. 12-120 Council Approval NIA PROFESSIONAL SERVICES CONTRACT This Contract is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Beery, Elsner Hammond, LLP, hereinafter referred to as the "Consultant," for the purpose of providing legal advice and other related services to the City regarding telecommunication issues related to the Fiber Consortium. WHEREAS, the City has determined the need to have certain services performed for its citizens; and WHEREAS, the City desires to have Consultant perform such services pursuant to certain terms and conditions; now, therefore; IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scope of Services to be Performed by Consultant Consultant 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, Consultant 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. 2. Compensation and Method of Payment The City shall pay Consultant for services rendered within ten (10) days after City Council voucher approval in the form set forth on Exhibit `B" attached hereto and incorporated herein by this reference. The City shall pay Consultant its regular hourly rates as set forth on Exhibit "C" attached hereto, in a total amount not to exceed $5,000. Consultant shall complete and return Exhibit "D," Taxpayer Identification Number, to the City prior to or along with the first billing voucher submittal. 3. Duration of Agreement This Agreement shall be in full force and effect for a period commencing September 12, 2012 and ending December 31, 2012, unless sooner terminated under the provisions hereinafter specified. 4. Ownership and Use of Documents All documents and other materials produced by 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. 5. Independent Consultant Consultant and the City agree that Consultant is independent 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 a b (00242381;1 between the parties hereto. Neither Consultant nor any employee of 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 paying, withholding, or otherwise deducting any customary state or federal payroll deductions, including but not limited to FICA, FUTA, state industrial insurance, state workers compensation, or otherwise assuming the duties of an employer with respect to Consultant or any employee of Consultant. 6. Indemnification Consultant shall indemnify, defend, and hold harmless the City, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Consultant, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, its agents, or employees caused or contributed thereto to the extent required by law. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Consultant shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expenses incurred by the City in defending such claim or suit, including reasonable attorneys' fees. 7. Insurance A. Consultant shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, if applicable, Consultant shall procure and maintain in full force professional liability insurance for those services delivered pursuant to this Agreement that, either directly through Consultant employees or indirectly through contractual or other arrangements with third parties, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $1,000,000 combined single limit per claim/aggregate. For the purposes of this Paragraph "professional services" shall include, but not be limited to, the provision of any services provided by any licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting A. Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all (00242381;1 2 direct and indirect costs of any nature expended and services performed pursuant to this Agreement. Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement and compliance with 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. The City shall have the right to conduct an audit of Consultant's financial statement and condition and to a copy of the results of any such audit or other examination performed by or on behalf of Consultant. 10. Termination This Agreement may at any time be terminated by the City upon giving Consultant thirty (30) days written notice of the City's intention to terminate the same. If Consultant's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited Consultant shall not discriminate against any employee, applicant for employment, or any person seeking the services of Consultant under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status, or presence of any sensory, mental, or physical handicap. 12. Assignment and Subcontract Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 13. Entire Agreement This Agreement contains the entire agreement between the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes to the Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 14. Notices Notices to the City of Tukwila shall be sent to the following address: Christy O'Flaherty, City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Phone number: 206 433 -1800 (00242381;11 3 Notices to Consultant shall be sent to the following address: Pam Beery Beery, Elsner Hammond, LLP 1750 SW Harbor Way, Suite 380 Portland, Oregon 97201 -5106 Phone number: 503 226 -7191 15. Applicable Law; Venue; Attorneys' 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 exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees, expert witness fees, and costs of suit. CITY OF TUKWILA, WASHINGTON By: JW Ma Jim Hag erton �av;ot (iAM. Cchj 1ISf'A -fnr Date. BEERY, ELSNER HAMMOND, LLP B y Pam Beery w Date: b 7//,;)- Attest/Authenticated: ��jk City Clerk Approve o Fo Shelley K sake, Lity Attorney {00242381; 11 -4- EXHIBIT A SCOPE OF SERVICES Consultant shall provide advice to the City of regarding telecommunications issues related to the Fiber Consortium. The City may also request Consultant to represent the City in negotiations with the Fiber Consortium and related contract drafting. {00242381; 1 5 EXHIBIT B City of Tukwila Billing Voucher To: City of Tukwila Attn: Finance Dept. 6200 Southcenter Blvd. Tukwila, WA 98188 Phone number: 206 433 -1800 Fax: 206 433 -1833 Consultant: Pam Beery Beery, Elsner Hammond, LLP Telephone: Mailing Address: 1750 SW Harbor Way, Suite 380, Portland, Oregon 97201 -5106 Specific Program: Fiber Consortium Contract Period: Reporting Period: Amount requested this invoice: Invoice Number: Date of Invoice: Authorized signature BUDGET SUMMARY Total contract amount Previous payments Current request Total requested this contract to date, Balance remaining Note:. If applicable, submit a separate voucher for each program which is funded by your City of Tukwila contract. For Department Use Only Approved for Payment: Date: (00242381;1 6 EXHIBIT C Beery, Elsner Hammond, LLP Hourly Rates $200 per hour for partners and "of counsel" $175 per hour for associates $100 per hour for paralegals $75 per hour for legal assistants (00242381;1 7 EXHIBIT D City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 TAX IDENTIFICATION NUMBER In order for you to receive reimbursement from the City of Tukwila, we must have either a Tax Identification Number or a Social Security Number. The Internal Revenue Code requires a Form 1099 for payments to every person or organization other than a corporation for services performed in the course of trade or business. Further, the law requires us to withhold 20% on reportable amounts paid to unincorporated persons who have not supplied us with their correct Tax Identification Number or Social Security Number. Please complete the following information request form and return it to the City of Tukwila before or along the submittal of the first billing voucher. Please check the appropriate category: _Corporation _Government Individual/Proprietor X Partnership _Other (please explain) TIN 93- 1234801 SS Print Name: Pamela J. Beery Print Title: Managing Partner Business Name: Beery Elsner Hammond, LLP Business Address: 1750 SW Harbor Way, Suite 380 Business Phone: 503 226 -7191 (00242381;1