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AG 10-001RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: � 2. ORIGINATING STAFF PERSON: IJ �L( L��� S EXT: �� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT � PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCLTMENT ❑ SECURITY DOCLIMENT (E.G. sorrD �La�Dna.RrntaNTS� ❑ ORDINANCE ❑ RESOLUTION �CONTRACT AMENDMENT (AG#): � 0 _� � ❑ 1NTERLOCAL ❑ OTHER 5. PROJECT NAME: ►..L��t � LP�'�l � 1� I�'� (3�I I N� ��-VLCL� 6. NAME OF CONTRACTOR: ADDRES:� E-MAIL: . � SIGNATURE N E: FAX: TITLE �� _ 7. EXHIBITS AND ATTACHNIENTS: ❑ SCOPE, WORK OR SERVICES I,'�COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES � PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: � d-/-/ p COMPLETION DATE: 9' 3 �- I�- 9. TOTAL COMPENSATION $ �� 9, D� O �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR HARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE�YES ❑ NO IF YES, MAXIMUM DOLLARAMOUNT: $ IS SALES TAX OWED ❑ YES '�NO IF YES, $ PAID BY: ❑ CONTRACTOR 0 CITY � PURCHASING: PLEASE CHARGE TO 10. DOCUMENT/CONTRACT REV�W � PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (iF aPrLlc.aBLE) �LAW 11. COUNCILAPPROVAL (iF Arruc.aBLE) oo� - i r oa - �a� -s ► � - io - �-E- � a g.2"l .l t'� INITIAL/ DATE REVIEWED� ..P_�- INITIAL/ DATE APPROVED �' �S�Ig-1O Q �� $ l3D � o s� P� 4 COMMITTEEAPPROVAL DATE: COUNCILAPPROVALDATE: 12. CONTRACT SIGNATURE ROUTING "� - `1- l � DATE REC'D: 1 v"��. - 1 O ,�SENT TO VENDOR/CONTRACTOR DATE SENT: —� � _ �% . ❑ ATTACH: SIGNATURE AUTHORITY, 1NSURANCE CERTIFI('��TE, LiCENSES, EXHIBITS �LAW DEPARTMENT SIGNATORY cM RDIRECTOR� ITY CLERK ASSIGNED AG# �SIGNED COPY RETURNED COMMENTS: I1�TITIAL/ DATE SIGNED �,p - -( .� .- q �SiJ ��'� • � AG# `(� DATE SENT: � ' 11/9 �gT'� �t� � � �:�1' HKLL � zt� �'Y^ � ���1,:� 'or:£3Ytl < E-' "? ��Y, 9 � %b �s*�'��'�# t {.te af5�}�;s-�. 'if; £� '� t� f�� ,2�i r:Y;:1 y� .�.'.'S?s,Yr:'t3.':i�ti?i f„^.'i?J AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE LOBBYING SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Douglas R. Levy, DBA Outcomes by Levy, a sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Legislative Lobbying Services ("Agreement") dated effective January 7, 2010: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 ofthe Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than September 30, 2012 ("Amended Term"). 2. AMENDED SERVICES. The Services or Work, as described in E�ibit "A" and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to work and terms required under the original Agreement and any prior amendments thereto, those additional services described in E�ibit "A-1" attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in E�iibit "B-1", attached hereto and incorporated by this reference. The Contractor agrees that any hourly ar flat rate charged by it for its services contracted for herein sha11 rema.in locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached E�iibit, the Contractor shall be solely responsible for the payrnent of any t�es imposed by any lawful jurisdiction as a result of the perfoimance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and a11 acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous e�iration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement sha11 apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] ANIENDMENT - 1 - 1 /2010 ��T'� �� ��� �a � � �ET1� 1—;KLL :i �t� �Y: �+i 3� s� '�r:E;f�' � E' : �e;Y �3�'0 FQ'��rC�� c :»".�q. f`�h a%is3W:,��°1�' t� � o��� l+Su;N :�.,,�i� ;;3;'SYi':ay.: t'sY:-;'t3.'•.Y£r;if,^.i)) . IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: ��� Brian Wilson, C� Manager/Police Chief DATE: /0� �aJ/p OUTCOMES BY LEVY By: Printed Name: Title: � I,� �r' DATE: I �) / I � / ATTEST: t City Clerk, Carol Mc eilly, C C APP OVED AS TO FORM: D �� City Atto y, Patricia A Richardson STATE OF WASHINGTON ) ' ) ss. COUNTY OF ) On this day personally appeared before me, � , to me known to be the individual described in and who executed the foregoing strument, and on oath s ore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ���y of U'��D �, 20LQ � � t° ti (typed/printed name of notary) Notary Public in and for the State of Washington. _ My commission e�ires /�' f� z'�� AMENDMENT - 2 - 1 /2010 ��T'� �'s� �a� � �:7�� F�;:iLL � x r{-; .� s��.:8 '�t_;�3�'; • E' : �:�Y. '3 � : o �Q^��#'i3�''?;iv � rfy .t^'.%Si3� :°:? 3+`2 £2w , o� � f; s.�;.�, ,. >v:Y:7� y'::;:�'''%> i't.':Yrc,: CDi`} EXHIBIT A-1 SERVICES The Contractor shall do or provide the following: In consultation with the City Manager or Mayor and/or staff designee, lobby state and local governments and other organizations as necessary to pursue the City's 20101egislative objectives as approved by Council. Lobbying is defined as attempting to pass, stop or amend legislation as desired by the City, as well as build a positive legislative presence for the City through face-to-face, written and electronic communications with appropriate persons. Help identify, prioritize and monitor problems and opportunities for the City with respect to issues under consideration by the State Legislature and State and regional agencies, especially those issues defined in the City's Annual Legislative Agenda. Stay in touch with issues at the King County level, with the Suburban Cities Association and with the Association of Washington Cities. Specific duties include: • Assist in identifying and prioritizing City issues prior to the 2010 Legislative session, including meeting with Department heads and managers, and meetings with the 30th District Legislators. • Work with City Manager or Mayor and/or staff designee to prepare the City's 2010 Legislative Agenda. • Brief the City Council on the Legislative Agenda at the January 2010 State Legislative Breakfast. • Attend meetings of the City Council, City Council committees, and with City personnel as reasonably requested. • Complete in a timely and accurate fashion all forms and reports required of lobbyists by the state and other lawful jurisdictions. • Provide a brief plan for Off-Session work, if applicable, then subsequent follow up on that work. Provide correspondence to the City Manager or Mayor and/or staff designee for the following: • Telephone or e-mail updates on pending issues as they arise • A brief weekly written status report during the Legislative Session • A final written report and in-person presentation at the end of the Legislative Session • Off-session projects as they arise AMENDMENT - 3 - 1 /2010 r�?'� r � � �l l�KLL � � � ° zL't �Y:^' �+ib�3`.cB i:r:Ei'fh <'r" i �,:Y 9� '•o �f�'7�i3# �-}�o e�� Sj �9 t+, �st53�.,—,'3 3 £� '; ,�'� 13�u;J , ��••":e " t3.'•.3�£tf ;bF:':Y•:���y%i f?t�',-i' f_f.^.ii? EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services during the Amended Term, the City sha11 pay the Contractor an additional amount not to exceed One Hundred Fifteen Thousand Six Hundred Fifty-Eight andNo/100 Dollars ($115,658.00). The total amount payable to Contractor pursuant to the original Agreement and this Amendment shall be an amount not to exceed One Hundred Fifty-nine Thousand Thirty and No/100 Dollars ($159,030.00). AMENDMENT - 4 - 1 /2010 COUNCIL MEETING DATE: October 5, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONTRACT EXTENSION FOR STATE LOBBYIST POLICY QUESTION Should the City of Federal Way extend the state lobbying contract with Outcomes by Levy for the current budgeted amount of $57,829 per year? ITEM #:�� COMMITTEE Finance, Economic Development, Regional Affairs CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution MEETING DATE: Sept. 28, 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Linda Farmer, Government Affairs Manager DEPT: City Manager Overview The City of Federal Way has retained the services of Doug Levy (Outcomes by Levy), for lobbying assistance at the State Legislative level since January 2001. The original contract was extended five times and then was re-bid. Outcomes by Levy was the successful bidder and the City entered into a new contract in 2003. That contract was extended four times and then was rebid in 2009. Outcomes by Levy was again the successful bidder. Per Council Member Mike Park's request--and as approved at the September 27, 2009, City Council meeting-- the City entered into a 9-month contract with Outcomes by Levy with the purpose of considering a two-year contract extension during the City's biennial budget process for 2011-2012. Proposed Cost Staff recommends the cost of the contract extension not exceed the current budgeted amount of $57,829 per year, for a total biennial amount of $115,658. Scope of work Staff recommends that the general scope of work from the 2009 contract remain the same. Each year the City Council adopts a new Legislative Agenda that outlines the specific items to be worked on for the upcoming Legislative Session. Highlights from the current contract with Outcomes by Levy With the assistance of Outcomes by Levy, the City has been successful at the state and regional legislative levels. Outcomes by Levy provided the attached 3-page report of accomplishments between 2001- 2010. Highlights include: Capital fundin�: • $103M for Triangle Interchange • $S.SM for the PACC • $2.1M for Camp Kilworth •$1.3M Regional Mobility funds for Pacific • $1.OM+ in Urban Vitality grants for S. 348"' Economic Development: • Helped enact LIFT and LRF legislation and secure funding under both. • Helped garner nearly $100K for Han Woo-Ri. Law Enfarcement/Courts • Helped enact auto theft prevention legislation and secure funding. • Lead the enactment of stiffer penalties for look-alike gun legislation. Assistance with Regional Issues/Initiatives: • Spearheaded the effort to extend light rail to S. 272 as part of ST-2. Attachments: • Accomplishments Report (2001-2010) provided by Outcomes by Levy • Proposed contract amendment documents • Current 9-month contract document (January to September 2010) Options Considered: 1) Authorize a two-year contract extension for Outcomes by Levy not to exceed the budgeted amount. 2) Authorize a one-year contract extension for Outcomes by Levy not to exceed the budgeted amount. 3) Reject the contract extension and provide staff with alternate direction. STAFF RECOMMENDATION Council Member Mike Park recommends approval of Option 1. t�-,--� � 31�u Dw ��,,, 5i� �� �-�-- CITY MANAGER APPROVAL: � � DIRECTOR APPROVAL: Committee Council �onvnittee ^ Council � COMMITTEE RECOMMENDATION I move to forward the proposed Amendment to the October S, 2010, consent agenda for approval. Committee Member PROPOSED COUNCIL MOTION "I move �proval of the Outcomes by Levy A�ndment, ��ve October 1, 2010, through September 30, 2012, with a total compensation of $115,658, and authorize the City Manager to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) � UNCIL ACTION: APPROVED / \ U � \ COUNCIL BILL # DENIED �'� 1 reading ❑ TABLED/DEFERItED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # City of Federal Way Contract for State Lobbying Assistance HIGHLIGHTS 2001-2010 Doug LevyJOutcomes By Levy OVERVIEW Outcomes by Levy is proud to have represented the City of Federal Way at the State and Regional levels for nearly 10 years (contract began January 2001). Outcomes by Levy has provided year-round support that equates to 80 hours of work each month (both for Federal Way specifically and in the form of information, meetings, contacts on behalf of FW and all cities). A sample of my work and my commitment to Federal Way includes the following work performed under the direction of the City Manager: • State. Intensive work with State legislators, legislative staff, committee staff, state agency heads and agency staff. • Regional. Maintain ongoing relationships and contacts with Governor's office, AWC, SCA, PIC, and many other agencies. • City. Work with elected officials, department heads and senior staff on legislative, regulatory, and funding issues of concern to the City. HIGHLIGHTS Capital and Transportation Funding Seeking out infrastructure and project funding in the state's Capital and Ope�ating budgets is always a team effort. That said, I have played an integral role in helping the City develop, position, package and advocate its requests over the years and the City now has a system in place to bring Capital and Transportation requests forward. What has Federal Way received over the years? • $103 million for Triangle Interchange ($100m in 2005 — one of (argest single appropriations outside of Viaduct and 405; and $3m in 2003). Also, over $65 million for SR-509. • $5.825 million for the PACC ($500,000 in 2008 — we were the only project among those seeking "Public Facility District" (PFD) financing to receive any funding; $S million in 2009-11 Capital Budget funding and preserved "Building for the Arts" funding level to ensure $325,000 BFA grant) • $2.1 million for Camp Kilworth — 2007-09 • $1.3 million "Regional Mobility" funds for Pacific Highway — 2009-11 Transportation budget— was not funded in initial House budgets • "Urban Vitality" funding — 2009-11 Capital Budget -$9.531 million competitive funding statewide — FW landed $1m+ for 348` project! • $856,000 for Joe's Creek — 2005-07 Capital Budget • 2010 Session storm water funding — seve�al hundred thousand $$ for FW (direct allocation + opportunity to compete for grant funding) • $350,000 for Hylebos Park boardwalk (2003-05 and 2005-07 budgets) • $140,000 for sea lettuce removal at Dumas Bay • $106,000 for Historical Cabins project (2003 Session) Economic Development Opportunities • 1 was one of the lead lobbyists on both 2006 "LIFT" legislation (Local Infrastructure Financing Tool) and 2008 "Local Revitalization Financing" (LRF). • Federal Way has received BOTH a LIFT grant and an LRF grant — one of only a few cities in the state pledged for funding under both programs. • I was one of the lead lobbyists in 2008 on hotel-motel tax legislation that codified the authority for Federal Way and other cities to allocate H/M tax toward "special events" (key to us being able to use these $$ towards Aquatics Center; for Han Woo Ri, etc.) • Worked on successful appropriations for the Han Woo Ri festival — nearly $100,000 overall • Helped with $100,000 medical device incubator funding in 2010 Operating Budget — particularly in'holding' the project in the finat budget after Senator Eide got it in the Senate version Law Enforcement/Courts • One of the lead lobbyists for 2007 auto theft legislation that stiffened auto theft penalties and created the "Washington Auto Theft Prevention Authority" which granted $$ to regional auto theft prevention task forces. • Federal Way has received significant $$ for auto theft prevention and has driven auto theft rates down over 70 percent • Lobbied successful enactment of 2009 legislation (SSB 5413) stiffening sentences for those who threaten police officers with look-alike guns • Lobbied successful enactment of SB 5953 in 2007 Session — stiffens penalties for DV cases that involve attempted strangulation. • Lobbied successful'enactment of SSB 6384 in 2005 Session, a new fee authority for courts to assess/use against DV perpetrators • One of lead lobbyists for 2002 legislation that ensured Federal Way and other King County cities could contract for jail services outside King County. • Helped with successful lobbying for over $4 million in additional Basic Law Enforcement Academy (BLEA) training funds for police — 2006 Supplemental and 2007-09 Operating Budgets. Overall Flexibility • Federal Way received "design-build/GC-CM" alternative contracting authority in the 2001 Session; Federal Way and other King County cities are the ONLY cities in the state (outside of those with `grandfathered' city-run transit agencies — Everett; Yakima; Pullman) that have authority to contract with private or non-profit providers for intra-city transit service needs (SHB 2179 — 2010 Session) Federal Way and other cities have authority to form Transportation Benefit Districts (helped with this bill — ESHB 1858 — 2007 Session). Assistance with regional issues, initiatives ST-2: Initial proposals involving Sound Transit Phase 11 in 2008 woutd have extended Light Rail Transit only from the SeaTac Airport to 200` Street. I helped spearhead an effort among city officials and Council Members to push for more. We met with numerous ST Board Members, had several meetings with ST senior staff and technical staff — and ended up with LRT extending to the northern gateway of Federal Way (272" as part of ST-Z. Transportation and Fiscal ballot measures and initiatives: Over the last 10 years, whether it has been Referendum 51, the 9%-cent gas tax preservation, the RTID "Roads and Transit" measure in 2007 (would have fully funded the Triangle), or a series of Initiatives impacting the City's general fund, I have been significantly involved "off the clock" and have assisted the City with information, positioning, development of Council Resolutions, etc. Fiscal • Federal Way received nearly $1 million in post-Initiative 695 "backfill" monies — 2001 • With ESSB 6686 in 2006, for the first time ever, the State Legislature authorized financing assistance (state sales tax credit monies) to hetp cities move forward with large annexations (10,000 population or more). • Given the unsuccessful election outcome in Federal Way, we also worked on 2009 legislation that extends the annexation "commencement" date until 2015. • 1 was. one of the lobbyist that worked on ESHB 3179 provisions in 2010 to preserve and codify the Brokered Natural Gas (BNG) tax -$50,000/year source of funds for Federal Way • I was one of the lead lobbyists for 2007 "Streamlined Sales Tax" (SST) legislation — a top priority for Federal Way (SSB 5089). • Lobbied successful allocation of $150,000 in buildable lands funding for King County suburban cities — 2006 Supplemental Operating budget. Heading off Damaging Bills In the nearly 10 years I have been lobbying for Federal Way, I am not aware of a single bill that led to sig�ificant fiscal implications or other `harm' to the City of Federal Way. Some of the things we have headed off over the years: • Undoing water-sewer district assumption authority (defeated numerous times) • 2001 Lakewood Theme Park special tax package, tax incentives (defeated) • Red-light camera authority compromised, limited (defeated, 2010 Session) • 2007 attempt to require that al) multi-family housing property tax exemption projects meet an "affordability" criteria (headed off and revised — E2SHB 1910). ��7'� a� C �� HK�.�. � . . � J ;L�t GY �<i��.:8 rU€�'t �.:: �vx �3'' o ��'��'c�# t�l�v {`,t; a�1s3;�,-E§: 3�; £� ", o�- f+'3:�L� ,2F:':Y:; y':i:PiJ•rF't3.'i3�k�>/.COil? AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE LOBBYING SERVICES �ou�1�5 Q. �v� � l7�Pt This Amendment ("Am dment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Outcomes by Levy, a sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Legislative Lobbying Services ("Agreement") dated effective Januar�, 2010: � l. AMENDED TERM. The term of the Agreement, as referenced by Section 1 ofthe Agreement and anyprior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than September 30, 2012 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B-1", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached E�ibit, the Contractor sha11 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. �� GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall rem�,in in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2010 �'� T'� �S F �� � �ET?� H;iL� J z���Y �:e� � r�:t�'t < �' : ��?''��'o �Q��'c�#"t. *„�,a3� ,-:? 3s; E� '� oww l+3u{� � .. ,.>::Yi ey':::s?tj;�:'t3?.3!>i.`f.^.iP EXHIBIT B-1 ��� ADDITIONAL COMPENSATION� ��r� �' (�G��tl'�"16Y� �u�f l t�� 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed One Hundred Fifteen Thousand Six Hundred Fifty-Eight and No/100 Dollars ($115,658.00). The total amount payable to Contractor pursuant to the original Agreement and this Amendment shall be an amount not to exceed One Hundred Fifty-nine Thousand Thirty and No/100 Dollars ($159,030.00). AMENDMENT - 4 - 1/2010 � ' Page 1 / 1 ` 33325 8th Ave. South c�rr oF �./ P:O. Box 9718 dATE ' PO NtJINBER Federaf Way Federal Way, WA 98063 1/11/2010 061465 VENDOR: 005741 SHIP TO: FEDERAL WAY CITY HALL OUTCOMES BY LEVY 33325 8TH AVE SOUTH DOUGLAS R LEVY PO BOX 9718 15619 62ND PL NE FEDERAL WAY, WA 98063-9718 KENMORE, WA 98028 FOB Point: Req. No.: Terms: Net 30 Dept.: Req. Dei. Date: Contact: NATALIE REES Confirming? Yes Special Inst: CM-AG10-001 LEGISLATIVE LOBBY SVC CM-AG10-001 LEGISLATIVE LOBBY SVC 1/1/2010 - 9/31/2010 BILL TO: CITY OF FEDERAL WAY 33325 8TH AVE SOUTH PO BOX 9718 FEDERAL WAY, WA 98063-9718 43,372.00 SUBTOTAL TAX FREIGHT TOTAL 43,372.00 0.00 0.00 43,372.00 Account Number Amount Account Number Amount E 001-1100-021-513-10-410 43,3�2.00 Authorized Signature Authorized Signature (over $1,000) ., uETUxrr To: � Cn I� l� _— CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATiNG DEPT./DN: C�► �' \ 2. OWGINATING STAFF PERSON: L� EXT: a�{ 6�. 3. DATE REQ. BY: (Z 29 0 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT `�PROFESSIONALSERVICEAGREEMENT ❑ MAINTENANCEAGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT � SECUWTY DOCLTMENT (E.G. Borrn�La�DDa;ut�tENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): ❑ OTHER 5. PROJECT' NAME: 6. NAME OF CON' ADDRESS: SIGNATUR �eL � EXI�IIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES � COMPENSATION ❑ INSURANCE REQUIRf;1�1ENTS/CF•.RTIFICATE. ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AI�9ENI�MENTS 8. TERM: COMMENCEMENT DATE: I/! l�G ! D COMPLETION DATE: �/� //�- � I O 9_ TOTAL COMPENSATION $ �� �,3 � p� i Q(} (INCLUDEEXPENSESAND SALES T.aX, IFANY� (IF CH.I.CiILATED ON HOURLY LABOR HARUE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE;�YES � NO IF YES, MAXIMUM DOLLAR ANIOUNT: � IS SALF,S TAX OWED ❑YES �1�'O IF YES, � YAID BY: C7 CONTRACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: �� �� �,�Q .��. l � �� �b "'\ �� 10. CONTRACT REVIEW iN1T1AL/ DATE REVIEWED INITIAL/ DATE APPROVEl� �PROJECT MANAGER '�� �'�„ 'Z� , (� 9 ❑ DIRECTOR ❑ WSK MANAGEMENT (IF.aPrLfcaBLE) _ � Law P�JP (2 -Z� - c�t �hc� �o� -t� 4�ecxf�-� �X � 11. CONT CT SIGNATURE ROUTING OYm- �� 1B�'^� SENT TO VENDOR/CONTRACTOR DATE SENT: /" '- O DATE REC'D: I�_�=0 '�_ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LI ENSES, EXHIBITS IT1AL / DATE SIGNED �AW DEPART NT � - L�'S�GNATORY '�x DI�cTOR) . f� } vv� / � �C�I TY CLERK � ' �\• Z � C7 C�YY� J��A SIGNED AG# AG# \�- pC7` �YSIGNED COPY RETURNED DATE SENT: �•�\• 2D \C7 CI�y� COMMENTS 4/9 � ���� �s� � � � a1TY =f;?i.l s_�tJ�J i���'S T�S���::SQ ,_�i3ii's�! ' f i �l2,C :�")'{ c �fc":P.F'i�? :', �ft''%t �rY.3::�-�?":t�' <2 , A'� _7w_ .ia? :S''�J •l3`�3 ar :�t•.cs. _'.s��tjr: a:z; z3t'>.';-•:i r PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE LOBBYING SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corparation ("City"), and Outcomes by Levy, a sole proprietor ("Contractar"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: INSERT CONTRACTOR'S CO. NAME: CITY OF FEDERAL WAY: Outcomes by Levy Linda Farmer 15619 62 Pl. NE 33325 8�' Ave. S. Kenmore, WA 98028 P.O. Box 9718 Federal Way, WA 98063-9718 425-424-9110 (telephone) (253) 835-2411 (telephone) 425-424-3105 (facsimile) (253} 835-2409 (facsimiie) levy4 @msn. com linda. farmer@cityoffederalway. com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall eontinue until the completion of the Work, but in any event no later than September 30, 2010 ("Terni'). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shal� perform the services more specifically described in Exh�bit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professiunal practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescnbed by the City and pursuant to the direcrion of the City Manager or his ar her designee. The Contractor warrants that it 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 obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the Ciry, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility far perforn�ance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease af its discovery. 3. 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 above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. ln return far the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly ar 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. Except as otherwise procided in Exhibit "B", 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. PROFESSIONAL SERVICES AGREEMENT 1�J/16/09 � ���� �� � � �2�";' i-1A'�E. ?�a'L"s �:ti's fii`�?~:'t�P ^�£)a.ii�'� � s`^t; 3�< �?'#t� ��i:�F�'• : �:i�?'n3•9?":£� �2W3: �:sa-7��� Ll•,YT.C'iAi:r+`idi ii;: J:t, t3i't �?:t: 4.2 Method of Pa On a monthly basis, the Contractor shalt submit a voucher or invoice in the farm specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon complerion of all Services. Payment shall be made on a monthly basis by the Ciry only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher ar invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct ar modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If suf�cient funds are not appropriated or allocated for payment under this Agreement for any future �scal period, the Ciry will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will ternvnate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5, INDEMNIFICATION 5.1 Contractor Indemni�cation. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respecrive agents, licensees, ar representatives; arising from, resulting from, or in connection with this Agreement ar the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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 Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnificarion. Contractor's indemnification shall not be limited in any way by any limitarion on the amount of damages, compensation or benefits payable to ar by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directars, shareholders, partners, ernployees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitarion, 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. 5.4 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. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, err�loyees or subcontractors, as provided in Exhibit "C" , attached hereto and incorporated by this reference, for the duration of the Agreement and ihereafter with respect to any event occturing prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Ageement. PROFESSIONAL SERVICES AGREEMENT 10/l6/09 ���� �� � � w1T" sa;'�:.L -s:��2,"'i �fh ki^.'^r:�Q :�t3t:i�'s >'r=<._; 3�X �%'#` F�i;<.£,`�'• �:*.2E�S, �l'.%n ��5:?:i3•�3?�$ ,2W3? ��5-?��#� � b`l.;c�b•.C.rrt'•f;i'.le: r�:c;tti'± :)%t': 7. CONFIDENTIALITY. Al1 information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modi�ed by Contractar while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver a11 needed ar contracted for wark product upon the Cit`�'s request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. 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 Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at alI reasonable 4imes, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. I0. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor 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 Ageement. The City shall be neither liable nor obligated to pay Contractar sick leave, vacarion pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the perforn�ance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk and Contractor shall be responsible for any loss of or damage to materials, tools, or other arricles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, 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. If the Contractor is a sole proprietorship ar if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractar agrees to resolve any such conflicts of interest in favor of the City. Contractor confil-ms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. l2. EQUAL OPPORTUNITY EMPLOYER. ln all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disabiliry, including sensory, mental or physical handicaps, unless based upon a bona fide occupational quali�cation in relarionship to hiring and err�loyment. 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 comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title Vl of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 2I.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. PROFESSIONAL SERVICES AGREEMENT 10/I6/09 ���� �� �: � � 13. GENERAL PROVISIONS. �#T" E-3P.�L : %•�J�:3 i ���"4 7SS���'::2f_? �<t3�i'?�'} ° �'tJ �f3X i : 'f 1_ �ri;QF.�'.�� ;�L'�tF`3 '!'•;A �.:?:i3•{3?F� i2aai ?�5-?�t7� hr�bca-.CSS,+:�:!r'.: alt �tti"-±>sf;. 13.1 Inte�retation and Modi�cation. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Secrians of this Agreement are inserted for convenience of reference only and shall not be deemed to modify ar otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inaperative, null and void, or illegal shall in no way affect ar invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act dane by either Parry prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terrr�s of the Agreement, is hereby rarified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. ] 3.2 Assignment and Beneficiaries. Neither the Contractor nor the City sha21 have the right to transfer ar assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the tern�s of this Agreement shall continue in full force and effect and no fiu assignment shall be made without additional written consent. Subject to the faregoing, 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. This Agreement is made and entered into for the sole protection and bene�t of the Parties hereto. No other person or entity shall have any right of action ar interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now exisring or hereafter amended, adopted, ar made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the fom�ation ar performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enfarcement. Time is of the essence of this Agreement and each and all of its provisions in which perforn�ance is a factor. Adherence to com}�letion dates set forth in the description of the Services is essential to the Contractar's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any norices may be delivered personally to the addressee of the norice ar may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the tern�s of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the Ciry at law, in equity or by statute. 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 ar mare instances shall not be construed to be a waiver ar relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach ar 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. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parries are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superiar Court does not have jw over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum If either Party brings any claim or lawsuit arising from this Agreement, each Party sha11 pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to ]imit the Parties' rights to indemni�cation under Section 5 of this Agreement. PROFESSIONAL SERVICES AGREEMENT 10/16/09 ����f �a� �• � � �#T�' s-iA3..L ?��32a °tt� r.i �<ai."�t� � #�{� �t�< �%"#� ,,, ,,;� � F��;�t�: ��' ��. � �, �fr.?�s;�•9 ':£� ,2�3? ��5-?�^•i}� :`f,2'��F.Ci ::s}; . 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an origina] and with the same effect as if all Parties hereto had signed the same document. All such counte2parts shal] be construed together and shall constitute one instrwnent, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of a11 of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT 10/16/09 • � ���� �� • � � �:ITY' s-f,s�L j•;3�J °�i`4 iz,S��i:V4_?.'_iE33�s�3 ° �'f✓` ��3X �.''�� ��4:P.f�� �;,'+�3, t!:`"� ��G.��•�3� i� ,2a3? �;.�s�-?��i3 4Y.b�4'.<�ifiit:�dtj�:'r�:35£it'.;- iii;� IN WITNESS, the Parties execute this Agreement below, effective the ]ast date written below. CITY OF FEDERAL WAY By: Brian Wilson, y Manager/Police Chief DATE: r�,� ���v OUTCOMES BY LEVY : Printed Name: ATTEST: City C1erk, Carol McNeill , CMC APPROVED AS TO FORM: Si.gnature on�le.�orm a�proved 3/31/2009 b� City Attorney, Patricia A Richardson Title: ���j v� Q �C� ��� �.. �; C./ DATE: / I� STATE OF WASHINGTON ) ) ss. COUNTY OF ��.(\ ) On this day personally appeared before me, �� �-� 1 —�-- �� , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GNEN my hand and official seal this �r�• - � �+�� TH �i��= �� S gWN l� �� . : � �• '�p ; Q . � u���� _; .►..�' i—�i �; p ��' ,G s O t!► . � . `�-� °• ? ;f9 �'� C� _ � '• .•• � �� =� �F W t�s,rti � day of 5�, , 20� ��m.J� � �t� �� u. � (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires � — � c ( — � � PROFESSI01�1AL SERVICES AGREEMENT 10/l6/09 ����` �� � � � �€7'Y �.?�L .1•�J�."s i�f�'f Y`'.lr� � �L3?Ti�3 ° �"t i �l3X :9.' ��i FESS:�t:'�� `.:��, �/:�."� ��'?.'ri'�•�3?'i� �2a3i a°:s5-?�i�,? :l ,l'@'.C"ifiL�%:r: j6.'J:tit3k'.>'?s};• EXHIBIT "A" SERVICES The Contractor shall do or provide the following: In consultation with the City Manager and/or staff designee, lobby state and local governments and other organizations as necessary to pursue the City's 20101egislative objectives as approved by Council. Lobbying is defined as attempting to pass, stop or amend legislation as desired by the City, as well as build a positive legislative presence for the City through face-to-face, written and electronic communications with appropriate persons Help identify, prioritize and monitor problems and opportunities for the City with respect to issues under consideration by the State Legislature and State and regional agencies, especially those issues defined in the City's Annual Legislative Agenda. Stay in touch with issues at the King County level, with the Suburban Cities Association and with the Association of Washington Cities. Specific duties include: - - - -- - • Assist in identifying and prioritizing City issues prior to the 2010 Legislative ssion, including meeting���,, with Department heads and managers, and meetings with the 30th District Legisl ors. • Work with City Manager and/or staff designee to prepare the City's 20I0 egislative Agenda. • Brief the City Council on the Legislative Agenda at the January 2010 State Legislative Breakfast. • Attend meetings of the City Council, City Council committees, and with City personnel as reasonably requested. • Complete in a timely and accurate fashion all forms and reports required of lobbyists by the state and other lawful jurisdictions. • Provide a brief plan for Off-Session work, if applicable, then subsequent follow up on that work. Provide correspondence to the City Manager and/or staff designee for the following: • Telephone or e-mail updates on pending issues as they arise • A brief weekly written status report during the Legislative Session • A final written report and in-person presentation at the end of the Legislative Session • Off-session projects as they arise PROFESSIONAL SERVICES AGREEMENT 10/16/09 ���� �� � � � wl�3"'.' E-i�.i..L s���'L,"'� �t33 i',,i�^:�3Q v�iit�"il'� ��'<._; �t�X ti%1� F�t;et��'s'.S�s ef�r=,��:?�S3•'3?"k� ,2a3� ��5-��4?� . �i`I i�.��.<.lS�J�.'iCt�tff::l�iflf3YFt_'tf}( EXHIBIT "B" COMPENSATION 1. Total Cornpensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Forty three Thousand Three Hundred Seventy-two and No/100 Dollars ($43,372.00). PROFESSlONAL SERVICES AGREEMENT 10/16/09 ' ����€ �e� - � � ::#T"`: ^ir?'..L 3��:i'L."'i>°<i� n�^:�Q ��t3;<�.l'i � �<._�; �n< :�??� �rc':k?i�� ;'+:2E3, ��:i."1 ��i`: n�•�3?"•.� ;2�3i 8s5-7r•i��3 � ,•r,•.�:r•. cr�:_•s:�: ifCra:4s asi":;•s�. EXHIBIT "C" INSURANCE 1. The Contractor agrees to calry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodiiy injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors ar omissions of the Contractar. 2. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state-run workers' compensation program. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. PROFESSIONAL SERVICES AGREEMENT l0/16/09 I �s� � : � - II:�•I�I�L•l�Ac3'��i.i�.7'i�.�f:Dl r 12/04/2009 17:15 4254248921 OUTCOMESITYLEVY PAGE 02 Policy NumDer: 45459806-Q DOUGLAS R LEW TERF.SJ� 1 LEVY Page 1 MCCIAIN INi SERVICES 1041014TM AVE SE 101 EVERETf, WA 981� DOUGIAS R 1EVY TERESA 1 l.EVY 15614 62N0 PL NE KENMORE, WA 98028 Policy nurnber. 45459806•0 Underwritten by� P�o9r�sstv� Norlhvvestcrn Int Co December t, 2009 Polq Derlotl:Nov 30, 2009— Nev 30, 2010 Page 2 4Z5•379-920C MCCLMN IAK SERVICES Contact your agmt for permnalized smice. 600-925-2e86 To repat a cl�lm. Personal Umbrella Insurance Coverage Sumrr�ary This is your Declarations Page Your coverage begins on November 30, 2004 at the later oi 12;01 a.m. or the effectivF time shown on your appllcacion, Th� policy period ends on November 30, 201 Q at t Z:01 a.m. Your msurance policy and any policy endorsements contain a full explanacian of your covQraqe: The poGcy contract is form 9639 (03/06). Tbe connacc fs modified by torms 7.3 i 7(03/06), Z321(Q3/06j, Z318 (03/O6), Z320 (03/06), Z321 (03/06), Z3 f 9(Q3/OW, Z746 WA f02/09), a�d 9869U WA (05/O8). Outline of coverage General poliry cot►era9e I.&�Its S!Ilinsu2d n1rnUon pR�;�m Personal Umbretla tiabll►ry to Oshers S 1.000,000 per occurrence 5250 E 528 . . ............._....,........_.. ...,...... ...... ......................... taRa112 moMh po�ry p�emlum Requirement of underlying insurance S S28 By accepung the terms of thls policy, you agree to maintain the m�nimum requ�red underlying liabiliry Ilmlis as stated in the tot�owing section for al1 scheduled vehicles, scheduled watercrait and sthedufed premises. Your f�lure to do so will cause yov to be tiable for payment of wch limits, lype of Pc�ky ........................... ...................... Comprehansive personat liabllfty . ....................................... vehlde tiabiliry ............... ....... Watercroft Gablllty Minnnutn raquired underiptng liabiky Nmits ........................................................ . . ...,,..._ _ ......... ............. �3Q0,000 combined single Ilmit ..... . . ...... ............................................... ....... ..... .................... 8150,�0/�500,000 split Nmiu or 5300,000 combined single I;mit � ............................................... ........,...,..........,.,..... ............. �250,0�0/5500,000 spGt limits or 5300,000 mmbined singfe limit �erm 6�89 wAlOSAB) � . . . . . � - �I:�iI���Ic3� � . . . �.�1 . 12/04/2009 17:15 4254248921 DUTCOMESBYLEVY PAGE 03 Pdiq NumEer dS459806•0 DOUGIAS R IEVY 7ERESA 1 IEVY Page 3 Drivers and household resideMs Addkbnai I�malan DOUGtAS R IfVY ..................................... ....... ... ,.. , _ .... ................_ ..._ . ....,.,................,.,........ . .....,.,. Named �Insured ............... ................. .... ............................... .........,....,,....,,..........,... 1ERESA 1 lEW .......... .................. ...... ................ d Insured ......... ................ ....................... ... _.,...,.. ZACHARY lfW ............................... ................................................. ................ Rated Scheduled exposures We have issued th�s �nwrance based upon the exposures listed in the foilowing section. if there are changes in exposures, advrce your agent imme�ate►y so chat we may consider those exposu�es fw coverage, Failure ro timely report chanyes in exposures in auordance w�th the terms and conditions of the pol'rcy wlll result in no insur�ce being atforded by this policy, Scl�eduled vehkles Automobiles, motor homes, and mota co�hes �eer Meke Mndel vIN I000 ..........,. • p00C�E ............ . ............................. .......................... .... DURANGO ........................................ . ........... . . 1 B4H528z5YFZ9Z374 ................................_... ..,.....,.... 2009 MlNI ................... ......................................................................... COOPER S WMWMf73579TX40749 _ ............ ................... .. ............... 2007 TOYOTA ..................................._._..................... ...,.................... PRIUS .. lTDK920U973214544 ...�...�. schedWed watercraR Boats and personal watercraft Vee� Make ModN MIN .. ............ .............................. ...... . . ...... ......................... ........................................ 20d1 BAY�INER 180 CAPRI BIYE60C1K0oi Stheduled p►emises Residances 4ddtMS (Street, (Iry, State, 7.�p) .... ................ 15619 62ND Pl NE,�KFNMORE,�INA 98028� . . .." . .. ....... .. ........ Pretnium discounts - oaacy 4�,459806-D .. . . .... tompany officers �� Secretary ...................... ............................... . ......... multi-poUry ............. ....... Form 6489 wa (p,ypg) RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPTJDIV: �M 2. ORIGINATING STAFF PERSON: L^'� EXT: a�f 6�2 3. DATE REQ. BY: 12 2� 0 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT `�(PROFESSIONAL SERVICE AGREEMENT ❑ MAiNTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REALESTATEDOCUMENT ❑ SECURITYDOCUMENT�E.G.BONDRELATEDDOCCTMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ OTHER � 5. PROJECT' NAME: 6. NAME OF CON' ADDRESS: SIGNATUR C. L S 7. EXHIBITS AND ATTACHMENTS: ❑ scorE, WORK OR SERVICES ❑ COMPENSATION Cl INSURANCE REQUIREMENI'S/CERTIFICAT� ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES O PRIOR CONTRACT/AMENIaMENTS 8. TERM: COMMENCEMENT DATE: /�!��! O COMPLETION DATE: g�� /�� O� d 9. TOTAL COMPENSATION $ �� ���� i Q(3 �INCLUDE EXPENSES AND SALES T.�X, IF ANY� (IF CAI.C,ULATED ON HOURLY LABOR HARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE;�fyES ❑ NO IF YES, MAXIMUM DOLI.,AR AMOUNT: $ IS SALES TAX OWED ❑ YES �NO IF YES, $ PAID BY: ❑ CONTILACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. CONTRACT REVIEW 1NITIAL/ DATE REVIEWED INiTIAL/ DATE APPROVED �PROJECT MANAGER �� �'L �L�"'� . l7 9 ❑ DIRECTOR o RISK MANAGEMENT (iF ArrLlc�aLE) � LAW 12 -ZR � �1 �hcl �o�;m -� 4�«�-� �X 11. CON_TJ�CT SIGNATURE ROUTING OY�� ��`^-� �SENT TO VENDOR/CONTRACTOR DATE SENT: /' � O DATE REC'D: I� -- O � ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LI ENSES, EXHIBITS ITIAL/ DATE SIGNED �AW DEPART NT - - �GNATORY C�RDIRECTOR� .�! ( / 1 CITY CLERK �'��' � �(� G'Y1 A� SIGNED AG# AG# �p— OC�� c�SIGNED COPY RETURNED DATE SENT: �•�\• 2D �(� Ch� COMMENTS� 4/9 ��V� �� � � ::1'€"Y "s-f�? ��€. 3�;�Z."i °t's1 r+s�� ,�Q ::s�t.��} � F>�; 3nX �71 ° �� �c� �:c'��� 'f}n ��zn;�-�7"8 �2uol a'S-7�t1� .iib'4b':�`i?`i::•i;ri;6: 'rJ1;:23Y?`:; PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE LOBBYING SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Outcomes by Levy, a sole proprietor ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: INSERT CONTRACTOR'S CO. NAME: CITY OF FEDERAL WAY: Outcomes by Levy Linda Farmer 15619 62 Pl. NE 33325 8�' Ave. S. Kenmore, WA 98028 P.O. Box 9718 Federal Way, WA 98063-9718 425-424-9110 (telephone) (253) 835-2411 (telephone) 425-424-3105 (facsimile) (253) 835-2409 (facsimile) levy4 msn. com linda. farmer cityoffederalway. com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Ageement, which shall be the date of mutual execution, and sha11 continue until the completion of the Work, but in any event no later than September 30, 2010 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractar shall perform the services more specifically descn�bed in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other sirrrilar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfacrion, within the time period prescn�bed by the City and pursuant to the direction of the City Manager or his ar her designee. The Contractar warrants that it 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 obtaining a Ciry of Federal Way business registrarion. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the Ciry, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsi`bility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-cornplying perforn�ance, its substantialiry or the ease of its discovery. 3. 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 above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches con�dentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a ma.lcimum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any 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. Except as otherwise provided in Exhibit "B", 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. PROFESSIONAL SERVICES AGREEMENT - 1- 10/16/09 ���� £�� � � uET" : 3�y.i2"s °f�t r�iN3";:�Q �<II;iits � #^��; �n;< ��?'#Y ��r`.:: e!Ee�. � `; L �f�i.K �'.�' s • �� "' .�i . ��.;J� �a�'?»f�� :i'rSC�i:cini:,�r:'fr;: r�'K£ti' i�;�%Ye 4.2 Method of Pavment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate far such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payxnent for such work until the work meets the requirements of the Agreement. 4.3 Non-Ap�ropriation of Funds. If suf�cient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the Ciry will not be obligated to make payments for Services or amounts incurred after the end of the current �scal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty ar expense shall accrue to the City in the event this provision applies. 5, INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attarneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, ta7ces, losses, fines, fees, penalties e�enses, attorney's fees, costs, and/or litigation expenses to or by any and a11 persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractar in perforn�ance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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 ar damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same tern�s and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is speci�cally and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. 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 workers' compensation acts, disability benefit acts or any other bene�ts acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 53 Citv Indemnification. The Ciry agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, ernployees, agents, representatives, and sub-contractors harmless from any and all claixns, demands, actions, suits, causes of action, arbilrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and a11 persons or entities, including without lirrritation, 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. 5.4 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. 6. INSURANCE. The Contractor agrees to carry insurance for liabiliry which may arise from or in connecrion with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors, as provided in Exhibit "C" , attached hereto and incorporated by this reference, for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or terrrunarion. The provisions of this Section shall survive the expirarion or ternunation of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 2- 10/16/09 ���� �� _ � � �€�":' �i,�€.� ✓�J�:S iif�f HS�� il? ��f3?iT�"S ° �"{i .�`S3X :���£�i ��" ,''L'�S �f;f.K ���>:tii•t3?":� ,2ua} wu5-'?r»fF`�3 .r•s��:c�rc�%`atfe: a:�;z3i'+ ::�:tr 7. CONFIDENTIALITY. All informarion regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractar will be safeguarded by the Contractar. The Contractor will fully cooperate with the City in identifying, assembling, and providing recards in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while perfornung the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and sha11 deliver a11 needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to ma.intain books, recards, and documents which sufficiently and praperly reflect all direct and indirect costs related to the perforn�ance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable rimes, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the perforrnance and details of its wark, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other bene�t of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor 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 urilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used ar held for use in connection with the work. The Contractor shall pay all income and other ta�ces due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an ernployment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractar retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such perforxnance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administrarion, or evaluating the Contractor's performance. 12. EOUAL OPPORTUNITY EMPLOYER. In all services, prograir�s, activities, hiring, and employment made possible by or resulring from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representa.tives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occuparional qualification in relationship to hiring and em}�loyment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forn�s of compensarion, and selection far training, including apprenticeship. Contractor shall comply with and shall not violate any of the terrr�s of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitarion Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. PROFESSIONAL SERVICES AGREEMENT - 3- 10/16/09 ���� �� � � 13. GENERAL PROVISIONS. �:.f�l' :-if�? � 3:z:i2:'s �ti'E �'v�^:�s_? ^aE3�'{�'t � �'�; �rsX �?"i` �'`r. :e^.f�: '�, b '�'•:.A �r � �2aa3 ��i5 ,r .Y•r�.�:�s�i _%%`atje; �?stsY.?" _�srr 13.1 Interpretation and Modificarion. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether aral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terrns of this Agreement shall prevail. The respective captions of the Secrions 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. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalida,te any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby rarified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representarives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nar the Ciry 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: If the non-assigning party gives its consent to any assignment, the tern�s of this Agreement shall conrinue in full force and effect and no further assignment shall be made without addirional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the bene�t of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and bene�t of the Parties hereto. No other person or entity shall have any right of acrion or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and ciry laws including, without limitation, all City codes, ordinances, resolutions, regularions, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the forn�ation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. 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. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. 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 above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terrns of this Agreement are not intended to be exclusive, but shall be cuxnulative with all other remedies available to the City at law, in equity or by statute. 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. Failure or delay of the City to declare any breach or default ixmnediately 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. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resoiving that dispute, difference, ar claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternarive process. If the King County Superior Court does not have jurisdicrion over such a suit, then suit may be filed in any other appropriate court in King Counry, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 4- 10/16/09 ����` �� � � �IT� �,?�L 3:?�L;i �th nv� i�Q ��t����'s 4�{:; �n;< �7't �� ��'r."`P£"u :.'2F� �t'`."�t��i� �-t3.T":£� i2aa3 ���a-7..f7`�} 7lhT,tiT'.!."iE`t�'si;2:G v7`.23a<£>>'S12 . 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instriunent, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form'a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5- 10/16/09 ����F £P� � � aITY �^f,��.�L ::`:�oZ"i ° i�'f r+v� :�Q ��F31'."i�'s � �^{, �t2X �%1 ° �rr, k`£`� S'+;��f �f' .K �.r'!.?.'n,�•t3?': £� �2aal �'S_?nf#£3 ar a•ck�.cin.c�f•'ai.jr:: �:cstt�r u: •:r: IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY B Brian Wilson, y Manager/Police Chief DATE: �� 7 ��c31() ATTEST: City Clerk, Carol McNeill , CMC APPROVED AS TO FORM: SiQnature on�le,�orm approved 3/31/2009 b� City Attorney, Patricia A Richardson OUTCOMES BY LEVY : Prin Titlf DATE: � � �� � U ���� STATE OF WASHINGTON ) ) ss. COUNTY OF �� (` ) On this day personally appeared before me, �� �°� L- �- �� , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ''r r � � �� - �r� ��� �,1. ,�. .....li� ► k,.,.••�swnr F,�. OQ � �o �� Ai?Y �'iin �; '�'-'� 5--� �.� Pt1gl.� = O . � ` �'.�''• ? .'t9-'��'• c! '� 1' OF � � � �- day of 5�, , 2�� E� � < < 1 /\. 1..,�, '�' (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires �- S�( � � a PROFESSIONAL SERVICES AGREEMENT - 6- 10/16/09 y .�� . . . �.\�, � 1 -�. c, . 4 i ; : vt r �, a 4` ` � ��'• , r ' �t , _� �.�,, J ;.. � -, . �.. µ � :�i �t a- �` ,.;� ".�„� .;.��+ ; j ., r ' R�` ,C'x � �,�- � .�`' „`• . � . 4: ' .�, f'" , . .. _ . , .\\E..�.�... ���� �� � � ::€�"`.'' �-iA��L �:%•�3�:1 v �t�4 T�L�� .�t.�f_! :_�fS1i,'��f ° �`� i �C�;C :J t � �i Y s f� ;'si� f �f��.K ��JC�:S.i'. �,2aJ� ^"�`3r'7n'�+� . :•1,4e•b';C�ric% fY:: 'r?;t•;f3Y t;_�?t. EXHIBIT "A" SERVICES The Contractor shall do or provide the following: In consultation with the City Manager and/or staff designee, lobby state and local governments and other organizations as necessary to pursue the City's 2010 legislative objectives as approved by Council. Lobbying is defined as attempting to pass, stop or amend legislation as desired by the City, as well as build a positive legislative presence for the City through face-to-face, written and electronic communications with appropriate persons. Help identify, prioritize and monitor problems and opportunities for the City with respect to issues under consideration by the State Legislature and State and regional agencies, especially those issues defined in the City's Annual Legislative Agenda. Stay in touch with issues at the King County level, with the Suburban Cities Association and with the Association of Washington Cities. Specific duties include: -- -- ---__ • Assist in identifying and prioritizing City issues prior to the 2010 Legislative ssion, including meeting with Department heads and managers, and meetings with the 30th District Legisl ors. • Work with City Manager and/or staff designee to prepare the City's 2010 egislative Agenda. • Brief the City Council on the Legislative Agenda at the January 2010 State Legislative Breakfast. • Attend meetings of the City Council, City Council committees, and with City personnel as reasonably requested. • Complete in a timely and accurate fashion all forms and reports required of lobbyists by the state and other lawful jurisdictions. • Provide a brief plan for Off-Session work, if applicable, then subsequent follow up on that work. Provide correspondence to the City Manager and/or staff designee for the following: • Telephone or e-mail updates on pending issues as they arise • A brief weekly written status report during the Legislative Session • A final written report and in-person presentation at the end of the Legislative Session Off-session projects as they arise PROFESSIONAL SERVICES AGREEMENT - 7- 10/16/09 ���� t�� � � � �u1T�' �i,'�...L ::%:xoZ"i ° i�'s f.,yn~:EiQ � £3L i�"f ° #^ � ; �nX ti? "# �'� �r'c'{f F� ; �f�1� �£'3'>%s.�•�3?":gi ,2�a) �:5-7M^t7£3 . .i•bk•6•_c.ir:...ss�trE:, a:f�£3'r'.z� ar'c EXHIBIT "B" COMPENSATION 1. Tota1 Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Forty three Thousand Three Hundred Seventy-two and No/100 Dollars ($43,372.00). PROFESSIONAL SERVICES AGREEMENT - 8- 10/16/09 ���� �� � � � a1TY ^�i.���L � �3.��."s °� 4 r5s*° .t�? : F3t °i�'s ° 3^ �� �nX � % 1 ° �r"c le`C"A. ��L���J �I;�K'Sf�i�'Y�'��?�c �� i�3 w-.�1'.�7'��»�i� ,r.e•a•,c�nrc<�atfe:�:c��3r:t :'�Stz EXffiBIT "C" INSURANCE 1. The Contractor agrees to cany as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for �odily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate for dama.ges sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 2. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state-run workers' compensation program. Contractor shall provide certificates of insurance, concunent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be te�minated or materially amended durmg the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terrninated or upon project completion and acceptance by the City. PROFESSIONAL SERVICES AGREEMENT - 9- 10/16/09 ��-�i '�.�'� . 1- IF: 41I1�'Z��'���. . • - �.�rl � 12/04/2009 17:15 4254248921 OUTCOMESBYLEVY PAGE 02 Poliq Numher: 45459806•0 DOUGlAS R LEW TERESA 1 lEW Page 2 MCCIAMI M15 SERVICES 1041019TN AVE SE 101 EVERETf, WA 9810e DOUGLAS R LEVY TERESA 1 LEVY 15619 62N0 PL NE KENMORE, WA 98028 POlicy mqpbK: �5�5l�06�0 Undervvr�ten by: helr�sslw Nel�w�um In� Co Docan6tr 1, 20p9 Po&y Varbtl:Nar 30, 2009- Nar 30, 2pt0 Page 2 �379 MCCtA1N IMS SERVI�S Conaa your �gmt �r p�non�GGted senice. NO-925-�6 To repqt a cblm. Personal Umbrella Insurance Coverage Summary This is your Declarations Page Your coverege 6eginc on Nc+rember 30, 2009 at the latcr of 12:01 a.m. or the eifecthre hme shown on your epp�k�tion. Th� po�ky period ends on Novembar 30, 2010 at t Z:01 a.m. Your inwrance pd'rcy and any poliry endotsemenCS cOntain a full explanation of your cawr�e; The policy contraa is form gg39 (�3/O6►, The conrract Is modified by forms Z317 (03/OB), Z3�I (03/06), Z318 (03/06), Z320 (Q3106), Z321(03l�6), Z3f9 (03/OW, Z746 WA (02/09), and 9864U WA (05IU8). Outl�e Of Coverdge Gen�'al poMry ooMera9� ��ns �t� � a.�� Personal Umbrella Ciabibry ro Oshas S 1,000,000 pe� occurrence 5250 E 528 ................................................................................. teta112 rooetl� poKry p�nlun� RequiremeM of unde�lying insuranca s sza By accepqng the teYms of this policy, you agree to maintain the rr�nimum requ�red undedying liabrlity Ilmhs as staeed in the iollowin9 section for all uheduled v�hicles, schedulod watercrait and scheduled prcmises. Your failure to do so will c�se you to be liabie for payment of such limits. �YP! � Pa��Y MMhavni nquired und.ryrin9 �h► Nmib ............................................................... � • ......................................................................................... Comprehensive persanal liabl►Ky S3pp 000 combined si le Nmit ........................................ ,...,,....,......,.,.. vehlcle I�biliry ................................................................ ....... S25Q,006/�500,000 split Nmits or 5300,000 combined s�gle limit Watercralt liabllfry ........... . . . . ... . ........ .. S2 50.000/t500,000 lit li. , ..... ............ .. . ......,...,....... ....,....... ........,. sp mits ar 5300,000 combined single li� r.mm 6ee9 wn 1�5p� ' ' � e��... -�*- . 1- 1�:�' III�'Z�Ii�% '� : , • - �f'.l�l � 12/04/2009 17:15 4254248921 DUTCOMESBYLEUY PAGE 03 Pdiq Number'454598p6•0 DOUGlAS A LEVY 7ERESA J lEV1' P�ge 3 D�ve�s and houseNold residents adarb�,� ��m��� DOUGli45�R LEVY ......................................................... .,.......,.,.. NamedInsured ...................................................... .......................................................................................................................................................................... 1ERESA 1 LEW Named Inwced ................................................................ ZACHARYLEW • ................................................................................ .................... Rated .. .. Sthet�led exposu� We ha�re issued this ins�rance based upon the ezposwes Iisted in th. tol�cwing section. If there arc ehanges in exposures, adv�e your agent immedatNy so that we mey mnsider those e�osures ta corer�e, Padwe to tlmely report d�anges in exposures in xcordance w�th the terms end aonditions of the poGcy w!� result In no i�urance heing aiforded by this pplicy. Sd�duled vehid�s I�Of110b��eS. �LOf �I0111lS. � IAOtOf COic�l!! y �� � M� VIN �� ..................�,................�,.... ....,.. ......,,,....,.�. �000 000c� ......................... �u�►N�o ...............,,,.. ...................................... 2009 .............. ..............,,...............,.,...,. 164H528Z5YF292374 ....................................... ..................................... COOFER 5 � WMWMF73579TX40749 2 ..................... ..,.....,..............,.,,..,............,,,.,.,......... 007 TOYOTA ................................................................................... PRIUS lTDK820U973214544 schedufed �tera�sit �oacc sna po.son,� w�am vea� Make Modd 2001 BAYUNER ,. .., f 1 ...... .......'. '..... ..,.. � 80 CAPRI I.,.," 5thldukd prona� Resld�naes HIN BIYE60GIODUI ..,.., 4ddress (5Me1, Chy, 51m.1.iP) 15619 �2ND�Pl NE,�KENMORE,�ViiA 98028 . ........... ............ ............. . ............. ... .................... ............. .. Premium discounts . � dS459806�0 .............................................................. mvla-pollcy . ..................................... .............. ............ .... C011lpilly O�Clf� �'� .. Secretary � 6AI9 WA �)