HomeMy WebLinkAboutAD12-294 - Original - Outcomes By Levy - Government Relations Consulting - 01/01/2013 O
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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 Clerk's Office.
Vendor Name: Doug Levy/Outcomes By Levy
Vendor Number: 36009
JD Edwards Number
Contract Number: AD ro,2 -
This is assigned by City Clerk's Office
Project Name: Government relations consulting services
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 1/01/13 Termination Date: 12/31/14
Contract Renewal Notice (Days): 30
Number of days required notice for termination or renewal or amendment
Contract Manager: Michelle Wilmot Department: Mayor/Administration
Detail: (i.e. address, location, parcel number, tax id, etc.):
Consutant services agreement between the City of Kent and Outcomes by Levy,
CM/in la I I
S•Pub llc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WASNINOTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Outcomes by Levy
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Outcomes by Levy organized under the laws of the State of Washington, located
and doing business at 15619 NE 62"d Place, Kenmore, WA 98028. 425-922-3999 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications
Scope of Work:
The following outlines the scope of work under this Agreement. Specific work plans shall be
developed mutually and reviewed on a regular basis.
■ Assist with issue identification and meetings with Kent legislators prior to the Legislative
Session.
■ Continue to monitor and identify problems and opportunities for Kent on issues under
consideration by various state legislative bodies including group meetings on transportation,
fiscal resources, endangered species listings, and other state agency activities.
■ Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working
with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant
issues.
• Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's
federal representatives.
■ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels.
Reporting and Communication:
The Consultant shall communicate weekly with designated staff regarding work under this
Agreement. Monthly summaries of work completed shall be appended to invoices for payment.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I during the year 2013 and ending on
December 31, 2013.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty
Six Thousand dollars ($66,000.00), not including approved and agreed upon expenses for the
services described in this Agreement,
The City shall reimburse the Consultant for expenses incurred while
doing business on the City's behalf, which shall be limited to meals,
parking, lodging, mileage at the State of Washington's standard
reimbursement rate, phone calls attributable to City of Kent business,
legislative session office space and expenses, and other travel and
conference/meeting expenses where such attendance is directed by the
City . Where such expenses are incurred in connection with work on
legislative or regulatory issues affecting the Contractor's other relevant
clients, these expenses shall be pro-rated to maximum extent practicable.
This is the maximum amount to be paid under this Agreement for the work described in Section I
above, and shall not be exceeded without the prior written authorization of the City in the form
of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one(1) year from the effective date of this Agreement.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race. religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
Doug Levy/ 12/1/2012 Page 2
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
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,
agents 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIIL INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents. and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recvclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product
Doug Levy/ 12/1/2012 Page 3
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
Doug Levy/ 12/1/2012 Page 4
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to tlus Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. 1 have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this jS day of L J +�C i� , 20
By:
For:
Title: ry�Ul,� �)✓'
Date:
EEO COMPLIANCE DOCUMENTS- 1
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONSULTANT: CITY OF KENT:
By: By:
s at re) (signature)
Print Name: V1A W rint N Suzette Cooke
Its (� Its Mayor
2 Tit ) �J (Title)
DATE-- 3 DATE: /3
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Doug Levy John M. Hodgson, CAO
Outcomes by Levy City of Kent
15619 NE 62nd Place 220 Fourth Avenue South
Kenmore, WA 98028 Kent, WA 98032
(425) 922-3999 (telephone) (253) 856-5710 (telephone)
(425) 424-8921 (facsimile) (253) 856-6700 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Doug Levy/ 12/1/2012 Page 5
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:- MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportumty
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of The City of Kent , hereby acknowledge and declare that the
before-mentioned company was the prime contractor for the Agreement known as Outcomes by Levy that
was entered into on the 1st of January, 2012 , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this 31 day of December 20t2.
By:
_ a�z& -4< �
For: ! 1>
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
PAYMENT SCHEDULE
Invoices shall be submitted monthly for 1/12 of the annual contract amount and any relevant expenses as
detailed in the contract.
EXHIBIT B
INSURANCE REQUIREMENTS
No Insurance is required for this Contract.
EEO COMPLIANCE DOCUMENTS-4
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill In All Applicable Boxes
W wzn irvc.ory
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Mayor's Office Phone (Originator): x5723
Date Sent 12/12/12 Date Required:
Return Signed Document to: Pam Clark CONTRACT TERMINATION DATE: 1/31/13
VENDOR NAME: Doug Levy/Outcomes by DATE OF COUNCIL APPROVAL: 12/11/12
Lev
Brief Explanation of Document:
Lobbying contract services for 2013.
RECEIVED
DEC 12 2012
City of ;Cent
office of the Mayor
All Contracts Must Be Routed Through The Law Department
i � 5
This�ea tio52 mpleted by the Law Department)
!--
Received
Approval of Law Dept.:
Law Dept. Comments: L ���
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and CommentEEI V D
DEC 12 2012 DEC f 2012
Disposition: /Z1 11;? ILYl Fu.d( PT
LLIC17TY OF KENT
CLEP,N
Date Returned: �� �