HomeMy WebLinkAboutAD06-317 - Original - Two Medicine Communications - Lobbying Services for Streamlined Sales Tax - 11/01/2006 .. .a
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KENT
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: Two M,'JIGfkP- endor Number: JZcl-7
JD Edwards Number
Contract Number.
This is assigned by Deputy City Clerk
Description: Litt* SeVVfcct - 5Jye c Ilkt 15"(e5 TGX
Detail:
Project Name: L o r e✓ytus - iycKw Ka
Contract Effective Date: Termination Date: e-&-- !L5 eq 5;.5:T lrl+
Contract Renewal Notice (Days): Li
Number of days required notice for termination or renewal or amendment
Contract Manager: 16, H o®(Gsco Department: Mw11114134t, .4,4 r
Abstract:
S:Pub6c\RecordsManagement\Forms\ControctCover\ADCL7832 07/02
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF KENT
AND LEN MCCOMB,TWO MEDICINE COMMUNICATIONS
This Professional Services Agreement ("Agreement") is entered into between the
City of Kent, a municipality in the State of Washington ("City") and Mr. Len McComb
of Two Medicine Communications("Contractor").
A. The City of Kent ("City") seeks the temporary professional services of a
skilled independent contractor capable of working without direct supervision, in the
capacity of specifically-focused lobbying services; and
B. Mr. Len McComb ("Contractor") has the requisite skill and experience
necessary to provide such services.
NOW,THEREFORE,the Parties agree as follows;
1. Services.
a
Contractor shall provide the services more specifically described in Exhibit "A",
attached hereto and incorporated by this reference ("Services"), in a manner consistent
with the accepted practices for other similar services, performed to the City's satisfaction,
within the time period prescribed and pursuant to direction of the City, via John
Hodgson, Chief Administrative Officer, and Doug Levy, Outcomes By Levy.
2. Term.
The term of this Agreement shall commence on November 1, 2006 and shall
continue through April 30, 2007 or the end of the 2007 Legislative Session, whichever
comes first ("Term"). The Term of this Agreement may be modified upon the mutual
written agreement of the City and Contractor.
3. Termination.
Prior to the expiration of the Term, this Agreement may be terminated by either
party upon providing the non-terminating party at least fourteen (14) calendar days prior
written notice. The City may terminate this Agreement immediately, for cause at any
time.
4. Compensation.
4.1 Total Compensation. In consideration of the Contractor
performing the Services, the City agrees to pay the Contractor an amount of
$3,000/month for the period November 1, 2006 through December 31, 2006, and
an amount of$3,500/month effective January 1, 2007. Payment for partial month
services shall be prorated based on the number of calendar days in said month. The
total compensation paid to the Contractor under this Agreement, including
Reimbursable Expenses, shall not exceed $25,000. This is the maximum amount to
be paid under this Agreement and shall not be exceeded without the prior written
authorization of the City in the form of an Executed Change Order.
Reimbursable Expenses. In addition to the monthly compensation
described above, the City will reimburse Contractor for
"Reimbursable Expenses" associated with providing Services
under this Agreement. The term "Reimbursable Expenses" means
and includes the actual customary and incidental expenses incurred
by Contractor in performing the Services including lodging,
mileage and parking, long-distance telephone calls, and other
reasonable costs. Contractor shall assess such costs on a pro rata
manner based upon the Contractor's other client responsibilities.
However, these reimbursable expenses shall be subject to review
and approval by the City, which approval shall not be
unreasonably withheld so long as expenses are deemed reasonable
in the City's sole discretion. In any event, the Contractor's total
reimbursable expense amount and shall not exceed Three Hundred
Dollars($300.00)per month.
4.2 Method of Payment. Payment by the City for the Services will
only be made after the Services have been performed, and a statement, voucher,
or invoice acceptable to the City that describes the services actually performed is
submitted. Payment shall be made on a monthly basis, within thirty (30) days of
receipt of such statement,voucher, or invoice.
4.3 Contractor Responsible for Taxes. The Contractor shall be solely
responsible for the payment of any taxes imposed by any lawful Jurisdiction as a
result of the performance and payment of this Agreement.
5. Compliance with Laws.
Contractor shall comply with and perform the Services in accordance with all
applicable federal, state, and City laws including, without limitation, all City codes,
ordinances, resolutions, standards and policies, as now existing or hereafter adopted or
amended.
6. Warranty.
The Contractor warrants that he has the requisite training, skill and experience
necessary to provide the Services and is appropriately accredited and licensed by all
applicable agencies and governmental entities, including but not limited to the State
Public Disclosure Commission. Contractor is not required to obtain a City business
license.
7. Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the Contractor shall be an
independent Contractor and that the City shall be neither liable nor obligated to pay
Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any
social security or other tax which may arise as an incident of employment. The
Contractor shall pay all income and other taxes due. Industrial or any other insurance
that is purchased, regardless of whether such may provide a secondary or incidental
benefit to the Contractor, shall not be deemed to convert this Agreement to an
employment contract. It is recognized that the Contractor may or will be performing
professional services during the Term for other parties; provided, however, that such
performance of other services shall not conflict with or interfere with Contractor's ability
to perform the Services on behalf of the City of Kent. Contractor agrees to notify the
City immediately both verbally and in writing of any potential conflict(s) of interest that
may arise involving the position of the City vis-a-vis other clients represented by
Contractor Contractor shall then work with the City to resolve such conflict(s) in a
manner that is acceptable to the City and prevents any financial or other harm to the City.
8. Indemnification.
8.1 Contractor Indemnification. Contractor agrees to indemnify,
defend and hold the City harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney fees)to or by any and all
persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this
Agreement to the extent caused by the acts, errors or omissions of the Contractor,
or by the Contractor's breach of this Agreement. Contractor waives any immunity
that may be granted to him under the Washington State Industrial Insurance Act,
Title 51 RCW Contractor's indemnification shall not be limited in any way by
any limitation on the amount of damages, compensation or benefits payable to or
by any third party under insurance policies,workers' compensation acts, disability
benefit acts or any other benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify, defend and
hold the Contractor and his partners, employees, and agents harmless from any
and all claims, demands, losses, actions and liabilities (including costs and
attorney fees)to or by any and all persons or entities, including without limitation,
their respective agents, licensees, or representatives, arising from, resulting from
or connected with this Agreement to the extent solely caused by the negligent
acts, errors, or omissions of the City.
8.3 Survival. The provisions of this Section shall survive the
expiration or termination of this Agreement with respect to any event occurring
prior to such expiration or termination.
9. Equal Opportunity Employer.
In all Contractor services or activities resulting from this Agreement, there shall
be no discrimination by Contractor against any person because of sex, age (except
minimum age and retirement provisions), race, color,creed,national origin,marital status
or the presence of any disability, including sensory, mental or physical handicaps, unless
based upon a bona fide occupational qualification to relationship to hiring and
employment. This requirement shall apply, but not be limited to the following:
employment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Contractor shall not
violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964,
the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or
any other applicable federal, state or local law or regulation regarding non-
discrimination. Any material violation of this provision shall be grounds for termination
of this Agreement by the City.
10. Insurance.
Contractor agrees to carry personal and automobile liability insurance in an
amount acceptable to the City and shall provide evidence of such insurance concurrent
with the execution of this Agreement, evidencing such coverage.
11. Work Products and Reporting.
Work products shall be up to the discretion of the City and the Contractor, as
deemed appropriate by the City and agreed to by the Contractor. Reporting protocol on
the duties specified in Exhibit A shall be jointly determined by the City and the
Contractor.
12. Books and Records.
The Contractor agrees to maintain books, records, and documents which
sufficiently and properly reflect all direct and indirect costs related to the performance of
the Services and maintain such accounting procedures and practices as may be deemed
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review or audit
pursuant to this Agreement.
13. General Provisions.
13.1 Entire Agreement.This Agreement contains all of the agreements
of the Parties with respect to any matter covered or mentioned in this Agreement
and no prior agreements shall be effective for any purpose.
13.2 Modification. No provision of this Agreement, including this
provision, may be amended or modified except by written agreement signed by
the Parties.
13.3 Full Force and Effect. Any provision of this Agreement that is
declared invalid or illegal shall in no way affect or invalidate any other provision
and such other provisions shall remain in full force and effect.
13.4 Assignment. Neither the City nor the Contractor shall have the
right to transfer or assign, in whole or in part, any or all of its obligations and
rights hereunder without the prior written consent of the other Party.
13.5 Successors in Interest. Subject to the foregoing Subsection, the
rights and obligations of the Parties shall inure to the benefit of and be binding
upon their respective successors in interest, heirs and assigns.
13.6 Attorney Fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either Party places the
enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each
Party shall pay all its own attorneys' fees, costs and expenses.
13.7 No Waiver. Failure or delay of the City to declare any breach or
default immediately upon occurrence shall not waive such breach or default.
Failure of the City to declare one breach or default does not act as a waiver of the
City's right to declare another breach or default.
13.8 Governing Law. This Agreement shall be made in and shall be
governed by and interpreted in accordance with the laws of the State of
Washington. Jurisdiction and venue of any dispute arising under this Agreement
shall be in King County Superior Court,King County, Washington.
13.9 Authority. Each individual executing this Agreement on behalf of
the City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement.
13.10 Notices. Any notices required to be given by the Parties shall be
delivered at the addresses set forth below. Any notices may be delivered
personally to the addressee of the notice or may be deposited in the United States
mail, postage prepaid, to the address set forth below. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of
mailing.
13.11 Captions. The respective captions of the Sections of this
Agreement are inserted for convenience of reference only and shall not be deemed
to modify or otherwise affect any of the provisions of this Agreement.
13.12 Performance. Time is of the essence of this Agreement and each
and all of its provisions in which performance is a factor. Adherence to
completion dates set forth in the description of the Services is essential to the
Contractor's performance of this Agreement.
13.13 Remedies Cumulative.Any remedies provided for under the terms
of this Agreement are not intended to be exclusive,but shall be cumulative with
all other remedies available to the Contractor at law, in equity or by statute.
13.14 Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire
Agreement.
13.15 Equal Opportunity to Draft. The parties have participated and had
an equal opportunity to participate in the drafting of this Agreement, and the
Exhibits, if any,attached.No ambiguity shall he construed against any party upon
a claim that that party drafted the ambiguous language,
14. Effective Date. This Agreement shall take effect on November 1, 2006.
CITY
By: ��
Suzette C o ayor, City of Kent
220o h A enue South Kent,WA
98032-5895
CONTRACTOR
Len McComb, Two Medicine Communications
2255 Wildwood Road Curtis,WA 98538
EXHIBIT "A" - SCOPE OF SERVICES
A. Provide general lobbying assistance to the City of Kent and cities working in
coalition with Kent, regarding the issue of"Streamlined Sales Tax" (SST) - and
particularly with regard to the local sales tax"sourcing" provisions of SST.
B. Assist the City of Kent,and cities working in coalition with Kent,with development
of an overall strategy and plan related to legislation and stakeholder work.
C. Represent the interests of Kent and other cities working in coalition with Kent,on
SST/sourcing in Olympia, particularly with regard to: key communication as
directed with legislative leadership; lawmakers who chair and/or have membership of
fiscal committees with jurisdiction over the SST/sourcing issue; the Governor's
Office and Office of Financial Management; and the State Department of Revenue.
D. Assist the City of Kent and cities working in coalition with Kent on ensuring`full-
mitigation"solutions with any SST/sourcing legislation.
E. Develop a main point of contact for regular reporting on the progress and status of the
SST/sourcing issue, as well as a regular pattern of reporting in writing or verbally.
Main point of reporting contact in Olympia shall be the City of Kent's Government
Affairs Consultant-Doug Levy, Owner/Consultant, Outcomes By Levy.
F. Complete in a timely and accurate fashion all forms and reports required of lobbyists
by the state and other lawful jurisdictions.
G. Provide timely telephone or e-mail updates as jointly determined necessary by the
City and Contractor.
PUBLIC DISCLOSURE COMMISSION THIS SPACE FOR OFFICE USE
711 CAPITOL WAY RM 206
PO BOX 40908
OL4 L 1
OLYMPIA WA 98500908 LOBBYIST REGISTRATION
(360)753-1111
TOLL FREE 1.877-601-2828
(12103)
1 Lobbyist Name Business Telephone Numbers
Len McComb Permanent ( 360) 951-1661
armanent Business Address Temporary ( )
2255 Wildwood Road Cell Phone (360 ) 951-1661
or Pager
City State Zip E-Mad Address
Curtis WA 98538
Imccomb(cl�.centurytel net
2 Temporary Thurston County address during legislative session Employer's occupation,business or description Of
purpose of organization
N/A
3 Employer's name and address(person or group for which you lobby) City Government
City of Kent
220 Fourth Avenue South, Kent, WA 98032-5895
4 Name and address of person having custody of accounts,receipts,books or other documents which substantiate E-Mail Address
lobbyist reports (Person responsible for producing the annual L3 report)
John Hodgson, Chief Administrative Officer thodgson@ci kent.wa us
Same Address As Above
5 What is your pay(compensation)for lobbying'? Description of employment(check one or more boxes)
$ per_Month_ ❑ Full time employee IiAOIe duty is lobbying
(hour,day,month,year) ❑ Part time or temporary employee ❑ Lobbying is only a part
Other $3,000lino(Nov&Dec 2006),$3,500/mo(effective Jan 2007)
❑ Contractor,retainer or similar agreement of other duties
❑ Unsalaried officer or member of group
6 Are you reimbursed for lobbying expenses? Explain which expenses Does employer pay any of your lobbying expenses directly? �� /
❑,_,/Yes $ per If yes,explain which ones
G Yes 1 am reimbursed for expenses
I No I am not reimbursed for expenses
iow long do you expect to lobby for this organization?
❑ Permanent lobbyist ❑ Only during legislative session O{ Olher,Explain As Noted Above for Nov 2006 through 2007 Session
8 Is your employer a business or trade association or similar organization which lobbies on behalf of its members? If"yes,'attach a list showing the name and address of each
7 ber who has paid the association fees,dues or other payments over$500 during either of the past two years or is expected to pay over$500 this year
LdJ NO ❑Yes However,no member has paid,pays,or is expected to pay over$500
❑ Yes The list is attached
9 Does your employer have a connected,related or closely affiliated political action committee which will provide funds for you to make political contributions including purchase tickets
to fund raising events? If so,list the name of that political action committee
VNo
❑ Yes Name of the committee is
10 If lobbyist is a company,partnership or similar business entity which employs others to perform actual lobbying duties,list name of each person whowdl lobby (See WAC 390-20-
143 and 144 for instructions)
W f
11 Areas of interest Lobbying is most frequent before legislative committee members Remarks
or state agencies concerned with following subjects
CODE SUBJECT CODE SUBJECT
01❑ Agriculture 09❑ Higher education -
02❑ Business and consumer aNairs 10❑ Human services
03❑ Constitutions and elections 11❑ Labor
04❑ Education 12❑ Law and justice
05❑ Energy and utilities 13❑ Local government
06❑ Environmental affairs-natural 14❑ State government
resources-parks 15❑ Transportation • -
07—❑//Financial Institutions and insurance 16 El Other—Specify _
08 ET Fiscal `
CERTIFICATION I hereby certify that the above is a true,complete and correct EMPLOYER'S AUTHORIZATION Confirming the employment authority to lobby described
tatement in this registration statement
LOB ST'S SIGNATURE DATE EMPLOYER'S SI NATURE,NAME TYPED OR PRINTED,AND TITLE DATE
NOT VALIO UNLESS SIGNED B BO N
Page 2 of 2
PDC Form L1 Lobbyist Registration
Lobbyist Name: Len McComb
Employer's Name: City of Kent
Section 8 List of Each Member Who Has Paid Over$500:
✓ City of Auburn—25 West Main, Auburn, WA 98001
✓ City of Burlington—900 E. Fairhaven, Burlington, WA 98233
✓ City of Everett—2930 Wetmore Ave., Everett, WA 98201
✓ City of Olympia—P.O. Box 1967, Olympia, WA 98507
✓ City of Puyallup— 330 Third St. SW, Puyallup, WA 98371
✓ City of Renton— 1055 S Grady Way, Renton, WA 98055
✓ City of Tukwila—6200 Southcenter Blvd., Tukwila, WA 98188