HomeMy WebLinkAboutCity Council Committees - Operations - 11/20/2012 (3) •
KEN T
WASH NOTON
Operations Committee Agenda
Councilmembers: Dennis Higgins * Jamie Perry * Les Thomas, Chair
November 20, 2012
4:00 p.m.
Item Description Action Speaker Time Page
1. Approval of Minutes YES 1
Dated, November 6th, 2012
2. Approval of Check Summary YES
Report dated 10/16/2012 to
10/31/2012
3. Consultant Services Agreement - YES Chris Hills 5 Min 3
Eberle Vivian, Inc - Authorize
4. Memorandum of Understanding - YES Chief Ken Thomas 5 Min 11
Joint Funding Program - Authorize
5. Legislative Consulting Services YES Michelle Wilmot 5 Min 19
Contract
Unless otherwise noted, the Operations Committee meets at 4:00 p.m. on the first and third
Tuesday of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent,
98032-5895. Dates and times are subject to change. For information please contact Satwinder
Kaur at (253) 856-5705.
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 856-5725in advance.
For TDD relay service call the Washington Telecommunications Relay Service at
1-800-833-6388.
This page intentionally left blank
1
KEN ON
W.1s NINOTON
OPERATIONS COMMITTEE MINUTES
November 6, 2012
Committee Members Present: Les Thomas, Chair, Dennis Higgins and Jamie Perry
The meeting was called to order by L. Thomas at 4:02 p.m.
1. APPROVAL OF MINUTES DATED OCTOBER 16TH, 2012
D. Higgins moved to approve the Operations Committee minutes dated
October 16th, 2012. J. Perry seconded the motion, which passed 3-0.
2. APPROVAL OF CHECK SUMMARY REPORT DATED OCTOBER 1ST, 2012 THROUGH
OCTOBER IST", 2012.
J. Perry moved to recommend that the City Council approve the Check Summary Report
dated October 1st, 2012 thru October 15th, 2012. D. Higgins seconded the motion, which
passed 3-0.
3. B & O GROSS RECEIPTS AND ADMINISTRATIVE PROVISIONS ORDINANCE.
T. Brubaker presented technical revisions to previously approved B & O Tax Ordinance. Referring to
page 34, Mr. Brubaker said that when the tax was imposed initially, B&O Gross Receipts were
credited against square footage tax. In the revised version, the businesses always pay the B&O tax,
and if there is excess square footage, then they pay the overage. Referring to page 41, He
mentioned that the first $62,500 in the quarter is exempt.
Referring to Chapter 3.29.030, T. Brubaker pointed that the registration fee of $80 was eliminated
per Council's request. He also pointed out that the customer service is busy as is so there may be
additional costs to the city to hire part time help. D. Higgins asked if other cities have registration
fee. D. Galazin responded that other cities do have a registration fee. L. Thomas asked how many
businesses are in the city. B. Nachlinger answered that there are 5,200 businesses in the City of
Kent.
D. Higgins and L. Thomas thanked the staff and everyone involved for their hard work and
patience.
Motion by D. Higgins, seconded by J. Perry, to move to recommend repealing the prior
business and occupation tax ordinance numbers 4052 and 4053 and replace them with two
revised and amended ordinances that re-establish a business and occupation tax, together
with a square footage tax component, and related administrative provisions. The motion
passed 3-0.
4. FINANCIAL SUMMARY REPORT AS OF SEPTEMBER 30T", 2012.
B. Nachlinger explained that there is an anticipated increase in the General Fund Balance of
$200,000 for the end of the year. Revenues have improved a little and expenditures are trending in
I
2
Operations Committee Minutes
November 6, 2012
Page: 2
a downward direction. We are anticipating $2,150,000 fund balance to go into 2013 budget. Sales
Tax is down and Utility Tax is also slightly down. Real Estate Excise Tax (REET) has shown
improvements this year. It is 62% over this year compared to 2011.
J. Hodgson added that the administration would like to recommend an increase in REET revenue
budget by $250,000 per quarter.
The meeting was adjourned at 4:40 p.m. by L. Thomas.
60-t.e�
Satwinder Kaur
Operations Committee Secretary
3
HUMAN RESOURCES
440 Lorraine Patterson, Director
Phone: 253-856-5276
N.147KEN T Fax: 253-856-6280
WASHING-ON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
November 14, 2012
TO: Operations Committee
THROUGH: Lorraine Patterson, Human Resources Director
FROM: Chris Hills, Risk Manager
SUBJECT: Consultant Services Agreement - Eberle Vivian, Inc.
MOTION: Recommend that the Mayor be authorized to enter into a
consultant services agreement with Eberle Vivian, Inc. which provides
Third Party Claims Administration Services for entities which Self-Insure
their Worker Compensation programs. Terms and conditions of the
agreement shall be acceptable to the Risk Manager and City Attorney.
Annual cost in an amount not to exceed $51,250 per year for 2013.
SUMMARY:
Kent's Self-Insured Worker Compensation program is currently administered by
Berkley Risk Administrators, Inc. We recently received notice that Berkley's
Tukwila office will close as of December 31, 2012.
Staff has identified a Kent business, Eberle Vivian, which provides the same
services as Berkley. Annual cost for the program ($51,250) is less than current
annual fee paid to Berkley.
BUDGET IMPACT: Included in 2013 Budget
1
4 '
CLAIMS ADMINISTRATION AGREEMENT
THIS AGREEMENT is made and entered into between EBERLE VIVIAN
INCORPORATED, with its principal place of business at 1209 Central Avenue So.,
#120,Kent,Washington,98032(hereinafter referred to as "EV"),and,City of Kent with
its principal place of business at 220 Fourth Ave S.,Kent,WA 98032 (hereinafter
referred to as "the Client").
WITNESSETH
WHEREAS,the Client maintains a self-insured plan to cover its Workers'
Compensation liabilities in the State of Washington; and EV has agreed to perform
certain services in connection therewith, as herein set forth:
NOW,THEREFORE,it is agreed as follows:
l . The term of this Agreement shall be for the period of one (1) year
commencing January 1,2013 and ending December 31, 2013. Nonetheless,
this Agreement may be terminated by either party at any time by giving not
less than sixty (60) days written notice to the other party,and EV may
terminate this Agreement on shorter notice in the circumstances described in
Sections 3(c) and 5(e). If no notice is given,this contract will be renewed for
another twelve (12) month period without further action by either party using
the U.S. Department of Labor Consumer Price Index previous 12 months
percent change for the Seattle Metro area to increase the annual fees plus two
percent of the current annual fee to increase the annual fees.
2. During the period of this Agreement, EV shall represent and act for the
Client in matters pertaining to the actual or potential liability of the Client for
claims based on injuries to the Client's employees which occur during the
term of this Agreement that are or should be,in the Client's judgment,
handled pursuant to the self-insured provisions of the Industrial Insurance
Act of the State of Washington (the "Act"). More specifically, EV shall:
(a) Receive notice of and create files on each claim reported and
maintain these files for the Client.
1
(b) Investigate all claims as required to determine their validity and
compensability
(c) Determine proper benefits due on compensable claims.
5
EV/City of Kent
Contract Agreement
Page 2
(d) Make timely payment of benefits due, in accord with payment
procedures as established from funds provided by the Client. The
Client will be wholly responsible for providing such funds as may be
required for these payments.
I
(e) Prepare documentation and defense of cases considered non-
compensable and assist legal counsel selected by the Client in
preparation of cases for hearing, appeals,and/or trial.
(f) Maintain and provide the Client pertinent data on all claim payments
(g) Provide monthly and/or quarterly computerized loss reports in a
tailored format, as mutually agreed at inception of the program,
showing descriptive data,details of each month's payments, total
payments,reserves and total experience for each claim.
(h) Provide the Client's excess insurers such reports as they may
reasonably require within specific excess coverage reporting
requirement
(1) Provide information and assistance as may be reasonably required for
preparation and filing of all reports required by the Act and any other
applicable law in connection with the Client's approved self-insured
status.
(j) File with the appropriate State of Washington administrative
agencies, including but not limited to the Department of Labor and
Industries, such information as is required by the Act and any other
applicable law with respect to each claim.
(k) Provide loss control services,defined as loss control, consultations
and surveys as mutually agreed.
(1) Perform all services to be rendered pursuant to this Agreement in full
compliance with the Act and all other applicable law.
3. In consideration of the services to be performed by EV hereunder,the Client
shall pay to EV:
(a) A service fee of$51,250,00 per year for all claims administration
service performed within the contract period.
(b) Such additional fee as mutually agreed by the parties for any services
in addition to those described in Section 2 that are requested by the
i
6
EV/City of Kent
Contract Agreement
Page 3
Client.
(c) Interest of 1.5% per month on invoices not paid within 30 days of
client's receipt thereof. In the event invoices are not paid within sixty
(60) days of client's receipt thereof, EV may terminate this
Agreement,at its option, after ten (10) days written notice to the
Client.
4. (a) EV will indemnify and hold harmless the Client from any and all
damages, loss,cost,fines,assessments,penalties or expense to which
the Client may be subjected,including reasonable attorneys' fees and
expenses in defending against any threatened or actual claim,arising
directly or indirectly from EV's breach of this Agreement or the
willful misconduct or negligent acts or omissions of EV and/or its
employees in connection with activities undertaken pursuant to this
Agreement.
(b) The Client will indemnify and hold harmless EV from any and all
damages,loss,cost,fines,assessments,penalties or expense to which
EV and/or its employees may be subjected, including a reasonable
attorneys'fees and expenses in defending against any threatened or
actual claim,arising from EV's or its employees' activities undertaken
pursuant to this Agreement unless such threatened or actual claim
was solely the result,directly or indirectly, of EV's breach of this
Agreement or the willful misconduct or the negligent act or omission
of EV and/or its employees, in which event the Client shall have no
obligation to defend or indemnify under this subsection.
5. The Client agrees:
(a) To pay EV the fee provided for hereunder and any other fees agreed
to by the Client.
(b) To pay all allocated loss expense, as hereinafter defined, in addition
to the fees to be paid to EV. Allocated loss expense is defined as
reasonable attorneys' fees,court and/or hearing costs, costs of
depositions,documents and exhibits, witness and expert fees, medical
and engineering appraisal,surveillance, independent adjusting,
photography and other incidental and special costs incurred to
evaluate compensability of claims.
I
(c) To make funds available to EV to be used by EV to pay claims that
the Client V determines it should pay pursuant to the Act and
allocated loss expense.
7
EV/City of Kent
Contract Agreement
Page 4
(d) To advise EV on a timely basis of all pertinent excess insurance
reporting requirements and/or reporting modifications for all annual
periods for which claim administration services are provided.
i
(e) That this Agreement is entered into with the assumption that existing
Federal,State or other jurisdictional regulations will remain in effect
for the duration of this Agreement.
The Client agrees that should administrative or other costs of service
provided hereunder be substantially increased as a result of
modifications in existing law,enactment of new legislation, or
promulgation of new administrative guidelines,
The Client and EV agree to attempt to negotiate an adjustment to the
service fees to equitably reflect the effect of such change.
If the parties cannot agree on a revised service fee, EV may terminate
this Agreement,at its option,after thirty (30) days written notice to
the Client.
6. All claims and related files generated by EV as a result of its activity under
this Agreement shall remain at all times the property of the Client with the
exception of any supporting data required by EV to make such accountings
to the Client or excess insurers as are required in this Agreement.
EV will retain claim files for three (3) years following date of closure.
Thereafter,files may be returned, at the Client's direction and expense,to the
Client or forwarded to such location as may be designated for continued
storage. Upon EV's request,closed claim files will be returned for additional
administration as may be required.
In the event of termination or non-renewal of EV's services,EV will, at the
Client's request and expense,transfer all open and retained closed claim files
to the Client or its designee, as of the effective date of termination.
7. EV is retained by the Client only for the purposes and to the extent set forth
in this Agreement,and its relationship to the Client shall be that of an
independent contractor.
8. The Client agrees that during the term of this Agreement and for a period of
one (1) year following its termination, it will not employ any person
employed by EV during the term of this Agreement without the prior written
consent of EV.
i
8I',
EV/City of Kent
Contract Agreement
Page 5
9. Any notice required or permitted to be given under this Agreement shall be
sufficient if given in writing and sent by registered or certified mail to the
Client or to EV at the addresses first set forth above or to any other address
of which written notice of change is given.
I
10. The waiver by EV or the Client of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of
any subsequent breach by either party or prevent either party thereafter
enforcing any such provision.
11. This Agreement is for the term provided for in Section 1. Upon termination
of this Agreement, the Client shall have the option to:
(a) Assume all open claims pending for the terminated or non-renewal
portion of the program as of the effective date of termination or non-
renewal,provided, however,that EV shall be entitled to receive its
full fee for all quarters beginning prior to the effective date of
termination or non-renewal; or
(b) Upon agreement by both parties to a rate of compensation, require
EV to continue administration ,to conclusion,of all open claims
associated with that portion of the program terminated or non-
renewed. Such rate of compensation shall thereafter be reviewed by
the parties on an annual basis and shall be the subject of mutual
agreement between the parties. Adequate funds shall continue to be
made available by the Client for the payment of claims and allocated
loss expense until all claims are liquidated.
i
(c) 1n the event the Client requests EV to provide post-termination or
non-renewal claims administration,upon agreement by both parties
to a rate of compensation,the Client may continue to purchase
computer data services. Such rate of compensation shall thereafter be
i
reviewed by the parties on an annual basis and continued on-line
services shall be the subject of mutual written agreement between the
parties.
12. The obligation of EV to perform its duties hereunder is conditioned upon the
Client's cooperation with EV with respect to the activities of EV including,
but not limited to,responding to EV's requests for information promptly;
providing excess carrier reporting requirements; meeting with EV and/or
third parties, as may be needed; making decisions on matters which, in the
professional opinion of EV, should be made by the Client; the provision of
funds referred to in Section 5; and performance by the Client of all other
obligations of this Agreement.
9
EV/City of Kent
Contract Agreement
Page 6
13, This Agreement may not be assigned by either party without the prior written
consent of the other party,which consent will not be unreasonably withheld.
14. Any unresolved dispute between the Client and EV which may arise from the
obligations of either party as set forth herein, wilt be resolved by arbitration
on the written request of either party. Such arbitration shall be binding upon
the Client and EV.The parties shall attempt in good faith to select a single
arbitrator within 15 days of the written request for arbitration. If they are
unable to select a single arbitrator within said period, then each party shall
select an arbitrator. If the two arbitrators cannot agree on a third within
fifteen (15) days,either party may request that selection be made by ajudge
of a court having competent jurisdiction. The laws of the State of
Washington will apply. The prevailing party in any such arbitration shall be
entitled to an award by the arbitrators of its reasonable attorneys'fees and
costs associated with such arbitration and in any subsequent court
enforcement or appeal thereof.
i
15. This Agreement sets forth all of the terms,conditions,and agreements of the
parties relative to the subject matter hereof and supersedes any and all such
former agreements which are hereby declared terminated and of no further
force and effect upon the execution and delivery hereof. There are no terms,
conditions or agreements with respect thereto,except as herein provided and
no amendment or modification of this Agreement shall be effective unless
reduced to writing and executed by the parties. All terms,conditions,and
definitions as set forth in this Agreement will be interpreted under the laws
of the State of Washington.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in
duplicate counterparts as of this date written and the persons signing below warrant that
they have the authority to execute this Agreement.
EBERLE VIVIAN INCORPORATED CITY OF KENT
By: By:
Lisa Vivian
President Title:
Date: Date:
10
This page intentionally left blank
11
POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5888
KEN T Fax: 253-856-6802
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: November 20, 2012
TO: Operations Committee
SUBJECT: Memorandum of Understanding - Joint Funding Program - AUTHORIZE
MOTION: I move to recommend council authorize the Mayor to enter into a
Memorandum of Understanding between the cities of Auburn, Kent, Renton,
Tukwila, Algona, Pacific, Fife, Puyallup and Sumner for planning, funding, and
implementation of a joint funding program with terms and conditions acceptable
to the police chief and city attorney.
SUMMARY: This Memorandum of Understanding will formalize a cooperative
arrangement between the Cities and a coalition of the mayors of the Cities colloquially
known as the Valley Cities Association for the purpose of addressing shared community
issues, including, but not limited to gang preventions and intervention.
EXHIBITS: Memorandum of Understanding
BUDGET IMPACT: Funding will come from federal seizure funds.
12
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITIES OF AUBURN, KENT, RENPON,
TUKWILA, ALGONA, PACIFIC, FIFE, PUYALLUP
AND SUMNER FOR PLANNING, FUNDING, AND
IMPLEMENTATION OF A JOINT FUNDING
PROGRAM.
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into pursuant
to Chapter 39.34 RCW by the Cities of Auburn, Kent, Renton, Tukwila, Algona, Pacific,
Fife, Puyallup and Sumner, Washington hereinafter referred to as "Cities", to provide for
planning, funding, and implementation of a joint funding program.
WHEREAS, the Cities engage in activities which support service providers in King
County; and
WHEREAS, the parties wish to make the most efficient use of their resources by
cooperating to provide funding to support service providers in south King County; and
WHEREAS, through the interlocal Cooperation Act, the parties have the authority to
engage in cooperative efforts which result in more efficient use of Government resources.
NOW THEREFORE, and in consideration of the terms, conditions and performances
made herein, it is agreed as follows:
1. Purpose of MOU: The purpose of the MOU is to formalize a cooperative arrangement
between the Cities and a coalition of the mayors of the Cities colloquially known as the
"Valley Cities Association" for the purpose of addressing shared community issues,
including, but not limited to gang prevention and intervention.
2. Joint Participation.
a) Lead City. One of the party Cities will serve as Lead City and will be
designated by the Cities for contracting, with the Lead City determined as
shown in Exhibit A, a copy of which is attached hereto and incorporated
herein by this reference, to act as the fiscal and administrative agent for the
Cities. The responsibilities of the Lead City are described in Section 4.
b) Participating City. A Participating City is a city participating in the
cooperative funding, who is not the Lead City. Participating Cities are
identified in Exhibit A. A Participating City shall review quarterly reports
from the contracted agencies to provide services related to the shared
community issues, such as gang prevention and intervention. If a Participating
City becomes concerned with the Agency's services, it will promptly notify
the Lead City. If a Participating City determines that the Agency is not
performing satisfactorily for their city, the Participating City reserves the right
to request the Lead City to withhold payments to the Agency for their share of
13
Joint Funding MOU
Page 2 of 7
funding. In the event that a claim or lawsuit is initiated by the Agency against
any City for withholding payment, the City requesting the withholding of
payment shall be responsible for settling or defending the claim or lawsuit. In
addition, in the event of any settlement of or judgment on the claim or lawsuit,
the City requesting that payment be withheld shall be fully responsible for the
payment of such settlement ofjudgment and shall indemnify, defend, and hold
harmless the other Cities for such settlement or lawsuit.
3. Funding Arrangement.
a) Allocation. Each Participating City shall provide to the Lead City no later
than March 31st of each year, the total annual funding allocation approved for
the Agency, as described in Exhibit A. No administrative costs shall be
imposed by the Lead City to the participating Cities. Exhibit A will be
updated each year to show the contracted Agency(ies), Lead City,
participating Cities, and funding amounts for that calendar year.
b) Return of Unspent Funds. Any monies that the Agency(ies) does not spend
during the calendar year shall be proportionately returned to each Participating
City. On or before March 31" of the next calendar year the Lead City will
provide the unspent funds to each participating City.
4. Responsibilities of Lead City. A Lead City has been designated to act as the fiscal and
administrative agent on behalf of the Cities for the Agency, as shown in Exhibit A. The
responsibilities of the Lead City shall include the following;
a) Send an invoice to each Participating City by January 301h of each year for
their annual approved allocation to the Agency.
b) Contract with the Agency each year, for the total finding allocated by the
Participating Cities, detailing performance measures to be performed by the
Agency for each City.
c) Receive, review, and process the quarterly invoices and reports from the
Agency. Quarterly reports shall describe services provided specifically to
each City. Disputes regarding billings will be resolved among the
Participating Cities.
d) Provide copies of quarterly reports to the Participating Cities, if the reports are
not provided directly by the Agency.
e) Provide the Agency with a funding application and technical assistance as
required.
f) Perform an annual monitoring visit of the Agency, to include the participation
of another Participating City.
g) Maintain accounts and records which properly reflect transactions related to
this MOU.
5. Duration. This MOU shall become effective when it is approved by a majority of the
Cities and shall remain in effect through December 31, 2012, with automatic extensions
annually, unless terminated as described in section 6.
14
Joint Funding MOU
Page 3 of 7
6. Termination. Any party may terminate its participation in the MOU without cause by
giving the other Cities a thirty day written notice. The terminating party shall remain
fully responsible for meeting its funding responsibilities and other obligations established
by this MOU through the end of the calendar year in which such notice is given,
7. Notices. Notices to the Cities shall be sent to the following persons:
city Contact
Auburn Michael Hursh, Administration
Kent
Renton
Tukwila
Algona
Pacific
Fife
Puyallup
Sumner
8. Indemnification.
Each City agrees to indemnify the other Cities from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused by
the sole negligence or willful misconduct of such City, the City's employees, affiliated
corporations, officers, and lower tier subcontractors in connection with this MOIL.
Each City hereby waives its immunity under Title 51 of the Revised Code of
Washington, solely for the purposes of this indemnification, for claims of any type
brought by any City agent or employee against the other Cities. This waiver is
specifically negotiated by the parties and a portion of the City's payment hereunder is
expressly made the consideration for this waiver.
9. Insurance. Each City shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000,00 per occurrence/aggregate for personal injury and property
damage. In the event that a City is a member of a pool of self-insured cities, the City
15
Joint Funding MOU
Page 4 of 7
shall provide proof of such membership in lieu of the insurance requirement above. Such
self insurance shall provide coverage equal to or greater that required of non-self
insurance pool member Cities.
10. Oversight Committee. This Agreement shall be managed by an Oversight
Committee made up of one representative of each City. The representative of each City
shall be designated in section 7 of this Agreement, The Oversight Committee shall meet
at least annually to discuss the terms of the Agreement and manage the services provided
pursuant to the Agreement.
11. 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 exclusively in King
County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
12. Signed Counterparts. This Agreement may be executed by counterparts and be
valid as if each authorized representative had signed the original document.
IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this
day of 12012
CITY OF AUBURN
By: Approved As To Form:
Title:
City Attorney
Date:
Attest:
CITY OF KENT
Approved As To Form:
By:
Title: City Attorney
Date:
Attest:
16
Joint Funding MOU
Puge 5 of 7
CITY OF RENTON
By:
Approved As To Form:
Title:
Dale: City Attorney
Attest:
CITY OF TUKWILA
By:
Approved As To Form:
Title:
Date: City Attorney
Attest:
CITY OF ALGONA
By:
Approved As To Form:
Title:
Date: City Attorney
Attest:
CITY OF PACIFIC
By:
Approved As To Form:
Title:
Date: City Attorney
Attest:
17
joint Funding MOU
Page 6 of 7
CITY OF FIFE
By:
Approved As To Form:
Title:
Date: City Attorney
Attest:
CITY OF PUYALLUP
By:
Approved As To Form:
Title:
Date: City Attorney
Attest:
CITY OF SUMNER
By:
Approved As To Form:
Title:
Date: City Attorney
Attest:
18
Joint Funding MOU
Page 7 of 7
EXHIBIT A
to
Memorandum of Understanding (MOU) between the Valley Cities Association for
planning,funding, and implementation of joint funding program.
CALENDAR YEAR 2012
Name of Agency Participating Cities &
Tentative Funding
YMCA of Greater Seattle— Auburn -Lead City - $30,000
Alive& Free Program Kent- $30,000
Renton - $30,000
Tukwila - $30,000
TOTAL-$ 120,000
19
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
• Phone: 253-856-5700
KEN T Fax: 253-856-6700
Address: 220 Fourth Avenue S.
W n s H i N c T o N Kent, WA. 98032-5895
November 20, 2012
TO: Kent City Council Operations Committee
FROM: Michelle Wilmot, Communications & Public Affairs Manager
THROUGH: John M. Hodgson, Chief Administrative Officer
SUBJECT: 2013 Government Relations Consulting Services Agreement with Outcomes by
Levy - Authorize
MOTION: authorize the Mayor to sign the government relations consulting services
agreement for 2013 with Outcomes by Levy, in the amount of $66,000.00 per year, plus
agreed upon expenses, and upon review by the City Attorney.
SUMMARY: Since the year 2000, the city has contracted annually with Doug Levy
of Outcomes by Levy to provide services for the city of Kent. These services include
the following activities:
• 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
Mr. Levy has proven himself to be extremely effective in advancing Kent's
legislative agenda and has accumulated a great deal of expertise and knowledge
regarding the issues of importance to Kent.
EXHIBITS: Consultant Services Agreement with Outcomes by Levy
BUDGET IMPACT: Utility and General Fund
20
KENT
WASHINOTON
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").
L 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.
21
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
zz
VIL 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.
XIL 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.
XIIL MISCELLANEOUS PROVISIONS.
A. Recyclable 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
23
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
24
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Title) (Title)
DATE: DATE:
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
25
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 this 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. I 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 day of , 20 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- 1
26
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 opportunity
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
v
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 Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date)
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 day of 120
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
28
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