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Home My WebLink AboutFS 2007-02-20 COMPLETE AGENDA PACKET J�`t ZY, City of Tukwila Distribution: S. Kerslake V. Griffin T. IGnlow J. Haggerton S. Lancaster Finance Safety Committee J Hernandez M. Miotke D. Robertson J. Morrow OX Jim Haggerton, Chair Mayor Mullet C. O'Flaherty R. Berry N. Olivas k Joan Hernandez J. Cantu D. Speck 1908 B. Fletcher R. Still Dennis Robertson K. Fuhrer D. Tomaso D. Haynes Judge Walden D. Jenkins CC File (cover) V. Jessop AGENDA TUESDAY (Monday is a holiday) February 20, 2007; 5:00 PM This meeting on/yis in the Law Library. Item E Action to be Taken 1 Page 1. PRESENTATIONS 2. BUSINESS AGENDA a. Contract with M. J. Durkan for 2007 lobbying a. Forward to COW. Pg.1 services; Rhonda Berry, City Administrator. b. Draft contract for animal control services; b. Forward to COW. Pg.9 Rhonda Berry, City Administrator. 3. OLD BUSINESS 4. ANNOUNCEMENTS S. MISCELLANEOUS Next Scheduled Meeting: Monday, March 5 2007 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 for assistance. City of Tul<wi 6200 Southcenter Boulevard. Tukwila} Washington 98188 Steven M. Mullet} Mayor MEMORANDUM: To: Finance & Safety Committee ~~ ({hO JJPi From: Mayor's Office '~V/~ II u Date: February 13,2007 RE: Professional Services Contract M J Durkan, Inc. Attached for your consideration is the 2007 Contract for Services with MJ (Jamie) Durkan. This contract is identical to the 2006 contract, with the exception of an added section "Conflict ofInterest," which is in bold type and underlined in the attached draft. This contract language has been reviewed by the City Attorney and agreed to by Mr. Durkan. Staff would ask that the Committee review the contract and forward it to the Committee of the Whole Meeting on February 26,2007 for Council approval. Iso attachment Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.cUukwila.wa.us Contract For Services 2007 MJ Durkan, Inc. 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, MJ Durkan, Inc., hereinafter referred to as "the Contractor" whose principal office is located at #357,330 Southwest 43rd Street Plaza - Suite K, Renton, Washington 98055. Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staff resources 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: Scope and Schedule of Services to be Performed bv 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. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B (Fees) attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed four thousand dollars ($4,000) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed five hundred dollars ($500) per month without prior approval of the City. Contractor Budqet. 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. Duration of Aqreement. This Agreement shall be in full force and effect for a period commencing January 1,2007 and ending December 31, 2007 unless sooner terminated under the provisions hereinafter specified. Contract for Services MJ Durkan January 2006 Page 2 Independent Contractor. The Contractor and the City agree that the 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 the Contractor nor any employee of the 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. Conflict of Interest Without the express written consent of the Mayor, the Contractor shall not represent another client if the representation of such client will conflict with the Contractor's representation of the City. If the Mayor believes the Contractor's representation of another client conflicts with the Contractor's representation of the City, the Mayor shall notify the Contractor in writin~ of such conflict. Within 2 days of the receipt of such notification, the Contractor shall withdraw from the representation of such client or explain to the Mayor in writin~ why, in the view of the Contractor, a conflict does not exist. If the Mayor then believes a conflict is still present, the Contractor must immediately cease representinQ the client or the Mayor may immediately terminate this contract. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to Contract for Services MJ Durkan January 2006 Page 3 indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 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. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. Record Keepinq and Reportinq. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. The City shall maintain these records for a period of seven 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. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by law during the performance of this Agreement. Termination. The City giving to the Contractor thirty days written notice of the City's intention to terminate the same may at any time terminate this Agreement. 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. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided 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. Contract for Services MJ Durkan January 2006 Page 4 Assiqnment 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. Entire Aqreement. 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 nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Contract for Services MJ Durkan January 2006 Page 5 Notices to the Contractor shall be sent to the following address: MJ Durkan, Inc. #357 330 SW 43rd St., Suite K Renton, W A 98055 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 proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the 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 day of CONTRACTOR: CITY OF TUKWILA BY: TITLE Mayor, Steven M. Mullet ATTEST/AUTHENTICATED: CITY CLERK, Jane E. Cantu APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: Contract for Services MJ Durkan January 2006 Page 6 Exhibit A Scope of Services The Consultant shall, at the direction of the Tukwila Mayor's Office: 1) work with Tukwila officials, King County elected officials, and State elected officials to facilitate the Tukwila Valley South annexation and development. 2) Work with local, regional and state officials on general matters of interest to the City of Tukwila. 3) Notify the Tukwila Mayor's Office of emerging issues of importance to the City. It is understood that the above-cited tasks are representative of the requirements associated with achieving the City's objectives and are not necessarily an all- inclusive description of the Consultant's efforts. Contract for Services MJ Durkan January 2006 Page 7 Exhibit 8 Terms of Payment The consultant will invoice the City for the work completed at the rate of $4,000 per month at the close of each month. Invoices will be paid within twenty (20) days of receipt. Any extraordinary expenses claimed shall first be approved by the City of Tukwila before the consultant obligates any funds. Expenses shall be detailed on each monthly billing and shall not exceed five hundred dollars ($500) per month without prior approval of the City. City of Tukwila 6200 Southcenter Boulevard. Tukwila, Washington 98188 Steven M. Mullet, Mayor MEMORANDUM TO: Finance and Safety Committee FROM: Mayor's Office ~ DATE: Feburary 13,2007 SUBJECT: Interlocal Services Agreement King County Animal Services and Programs Attached for committee review is an amendment to the interlocal agreement between the City of Tukwila and King County regarding animal control services and programs. As requested at the Feburary 5 committee meeting, a few changes have been incorporated into the amendment: 1) Section lC now provides for a general monthly calendar in advance;2) Section 2 specifies a not-to-exceed contract dollar amount; and 3) Section 6 more clearly states which interlocal is effective should the amendment be terminated. Other changes the committee requested were not incorporated into the contract, and Al Dams from King County Animal Control will be present at the meeting to explain why it would not be prudent to make those changes. Also, Mr. Dams will explain reporting relationships and how performance appraisals and disciplinary actions would be handled. Staff requests that the committee review the draft interlocal and forward to COW for consideration. Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.cUukwila.wa.us INTERLOCALSERVICESAGREE~1ENT-~1E~~MENT Between the City of Tukwila and King County Regarding Animal Services and Programs This is an Amendment to the standing Interlocal Agreement between the City of Tukwila and King County. The Amendment is for supplemental animal control services benveen the City of Tukwila, a municipal corporation of the State of \Vashington, hereinafter referred to as the "City" and King County, a home-rule charter county, a political subdivision of the State of Washington, hereinafter referred to as the "County". 'VHEREAS, the City and County entered into an Interlocal Agreement dated December 15, 1993 ("Interlocal Agreement") relating to the provision of animal control services within the City; and \VHEREAS, the City and County wish to amend the Interlocal Agreement to enable the County to provide the City with additional animal control services; NOW, in consideration of mutual covenants, the City and County hereby agree to amend the Interlocal Agreement as follows: Section 1. Service Obligation. A. The County shall provide supplemental animal control services in the form of an additional animal control officer dedicated to the City for special emphasis on, but not limited to, off-leash violations, barking dog complaints, potentially dangerous dogs, and to provide special presentations at community events such as the Backyard Wildlife Habitat Fair and Tukwila Days. The scheduling of these supplemental services will be determined by mutual agreement of the contract administrators of this Amendment. B. The additional animal control officer will be stationed within the City limits to respond to specific calls for service, perform routine patrols, communicate with the contract administrator, and handle other related tasks as agreed to by the contract administrators of this Amendment. C. The County shall provide the City , in advance, with a general monthly calendar of scheduled services in Tukwila, and a quarterly report of the supplemental hours worked and services performed. Section 2. Compensation. In consideration for the supplemental services provided by the County as set forth herein, the City agrees to pay the County for the hours of animal control officer work at the rate of $30Ihour, not to exceed $35,000 a year. Section 3. Contract Administrators. For purposes of these supplemental services, the contract administrators shall be the City Administrator or a designee and the King County Animal Services and Programs Manager or designee. Section 4. Other Portions of the Agreement Unaffected. Except as specifically stated herein, all other portions of the Interlocal Agreement shall remain in place and are unaffected by this Amendment. Section 5. Previous Amendments. All prevlOus amendments to the Interlocal Agreement are terminated. Section 6. Termination of Supplemental Services. With or without cause, the County or City may revert back to the original terms ofthe December 15, 1993 Interlocal Agreement, by providing thirty days written notice to the other party of termination of these supplemental servIces. Section 7. No Third Party Beneficiaries. The Interlocal Agreement and this Amendment have been entered into for the sole benefit of the City and County. Nothing in the Interlocal Agreement or this Amendment is intended to create any rights for or obligations owing to third parties. Section 8. Effective Date. This Amendment shall be effective upon the date last signed below. IN WITNESS WHEREOF, the parties have executed this agreement. CITY OF TUKWILA KING COUNTY Steven M. Mullet Mayor Date: Ron Sims King County Executive Date: Approved as to form: Approved as to form: City Attorney Date: Deputy Prosecuting Attorney Date: W :wnadmin!mavorsofficecontracis!2007 animalconirolv2