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AG 12-126RETURN TO: EXT: CIT� 4F FEDER�L WAY LAV� DEPARTMENT ROUTING FORM ' 7RIGINATING DEPT./DIV: � 2. ORIGINATING STAFF PERSON: � r� � ���J`r .� EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): � CONTRACTOR SELECTION DOCUMENT (E.Cz, RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT O SMAI.L OR LIMITED PUBLIC WORKS CONTRACT �PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT O HUMAN SERVICES / CDBG o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELA'fED DOCUNNIENNTS) ❑ ORDINANCE ❑ RESOLUTION � ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL 0 OTHER 5. PROJECT NAME: 5T�•7c L-v �vhy,Y 1 n� ��,G A F�-vi' f S SC.Y'�1 i(,C S 6. NAME OF CONTRACTOR: �S �� �K �^j �^� �• ADDRESS: 33 a su1 43 5'�'• . 5'rc k-_; SIGNATURE NAME: M��� 7 D u�11 TELEPHONE �' FAX: 415 - 4s �E Dr�c►� c.� P� 7. EXF-IIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIItEMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORTfY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDN�NTS 8. TERM: COMIVIENCEMENT DATE: O G�o�' l��v i Z_ COMPLETION DATE: S C.�"[C M I9ef 3c� �?-�J 1�I ° TOTAL COMPENSATION $(�.�( , n d� � 6 2, voo � � Q� � (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABO CHARGE -ATTACH SCHEDULES OF EMPLOYEES TTfLES AND HOLIDAY RATES) REIlvIBURSABI;E EXPENSE:{��s ❑ rro ��s, MAXIMUM DOLLARAMOUNT: $ G'► ovo C�F iro�' �' yeu.+'� IS SALES T'AX OWED ❑ YES � NO IF YES, $ PAID BY: O CONTRACTOR O C1TY � PURCHASING: PLEASE CHARGE TO: ` 10. DOCUMENT/CONTRACT REYIEW ❑ PROJECT MANAGER ❑ DIRECTOR O RISK MANAGEMENT (IF APPLICABLE) �LAW INITII�L / DA E REVIEWED INITIAL / DATE AP OVED Cq� $ 2t �Z-- C�4� 8 21 _/z- �f �� l2- — Sr� [ r,,,��...,��, C� �at�'+� 1��k I5 11. COUNCILAPPROVAL (tF �PL�Cas[,E) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ' ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �, LAW DEPARTMENT � � SIGNATORY (MP.YOR OR DiRECrOx) S ' �CITY CLERK � ASSIGNED AG# A # �� � SIGNED COPY RETURNED � DATE SENT: ('nMMENTS: , q��d i���.��...�c. � �) ll/9 � CITY Ct� CITY HALL �� � � ��' ����� 33325 8th Avenue South Federai Way, VVA 98f�03-6325 {2�3} �35-70�0 sv��v citvaffB�J�raiv�aycorn PROFESSIQNAL SERVICES AGREEMENT FOR LEGISLATIVE LOBBYING/PUBLIC AFFAIRS SERVICES This Professional Services Agreement ("Agreement"} is made between the City of Federal Way, a Washington municipal corporation {"City"), and M.J. Durkan, Inc, a Washington Corporation ("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: M.J. DURKAN, INC Martin J. Durkan 330 SW 43`a Street, Suite K-357 Renton, WA 98055 (425) 432-3961 (telephone} (425) 432-3740 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Chris Carrel, Communications Coordinator 33325 8�' Ave. S. Federal Way, WA 98003-6325 (253) 253-835-2411 (telephone) (253) 253-835-2569 (facsimile} chris_carrel cni citvoffederalwav.com 1. TERM. The term of this Agreement shall commence upon October 1, 2012 and shall continue until the completion of the Work, but in any event no later than September 30, 2014 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. Z. SERVICES. T'he Contractor shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"}, in a manner consistent with the accepted professional 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 prescrihed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and Iicensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way husiness 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 City, but the making (or failure or delay in making) such inspection or approval shalt nat relieve Contractor of respansibility for performance of the Serviees in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality 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 immediately terminate this Agreement when it determines that the services are no longer desired. The City may also terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may resuh 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 maa�imum amount and according to a rate or method as delineated in E�ibit "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 PROFESSIONAL SERVICES AGREEMENT - I- 9/2012 . � � .. � .. . .�r r. �r CITY F9ALL ����� 33325 8th Avenus Sfluth Federai Way, WA 98003-6325 �2�3) 835-7t�Ofl svYVw city�affsderahv-�y com remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Eachibit "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. 4.2 Method of Pa�ment. On a monthly basis, the Contractor shatl submit a voucher or invoice in the form specified hy 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 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 payment for such work until the work meets the requirements of the Agreement. 43 Non-A�propriation of Funds. If sufficient funds are not appropriated or allocated for paymenf under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal 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, attorneys, and volunteers hannless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liahilities, t�es, 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 respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, enors 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 industriai 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 benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 Cit�Indemnification. T'he City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, 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, imes, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and ali persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. PROFESSIONAL SERVICES AGREEMENT - 2- 9/2012 . ■ � � � NN�,M s� � �rrw �r CITY HALL ����� 333Z5 8th Aven€�e South Feder�E Way, WA 980Q3-6325 {253} �35-70�0 c+nvcv utyaftederan�Mr�y co±n 5.4 Survival. The provisions of this Section shalt 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, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. T'he Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory ta the City: • a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liabitity, 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 far bodily 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 Contractor. 6.2. No Limit of Liabilitv. 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. T'he 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. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. 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. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Ageement. 7. CONFIDENTIALTTY. All information regarding the City obtained by Contractor in performance of this Ageement shall be considered confidential subject to applicable laws. Breach of confdentiality 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 Contractar will fully cooperate with the City in identifying, assembling, and providing records in case oi 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 performing the Work shall belong to the City upon delivery. 'The Contractor shall make such data, documents, and fles available to the City and shall deliver all 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 af Contractor shall be delivered to the City. PROFESSIONAL SERVICES AGREEMENT - 3- 9/2012 . w� � • ,Mr � � CITI' HALL 33325 8th Aven€�2 Scsuth Fed�rai Way, WA 98�03-632� Cts�� s��-�000 s�vt;�,�w c:�t}^ot fecierr�rvv��y co�n 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direet 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 all reasonable times, 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 performance and details of its work, 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 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 performance 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 materiats, tools, or other articles 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 or 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. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor coniums that Contractor dces 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. 12. EOUAL OPPORTUNITY EMPLOYER. In 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 disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and sha11 not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation 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. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached E�chibits, 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 E�ibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in na way affect or invalidate 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 PROFESSIONAL SERVICES AGREEIVIENT - 4- 9/2012 r • ,w .. ..�� � � : CITY F�ALL ���� 33325 8th Avenue South Federai Way, WA 98d03-6325 (253) �35-7t10� svi�v Lrfyoftsderrar�w�y com that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified 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. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or alt 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 terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shal} 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 benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. I33 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 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 formation 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 deliv�red at the addresses set forth at the beginning of this Agreement. Any notices may be detivered personally to the addressee of the notice or r,iay 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 terms of this Agreement are not intended to be exclusive, but shall be cumulative 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 immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 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 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 Superior Court dces not have jurisdiction over such a suit, then suit may be fled 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 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. 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 Ageement. 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 instrument, 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 fotlows] PROFESSIONAL SERVICES AGREEMENT - 5- 9/2012 . �r. � .. : w CITY FiALL 33325 8th Avenue South Federat yVay, WA 98�03-6325 {2�3) 83�-7{��a wrrw {:ity otf�cieratvtray. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Skip Priest, ayor DATE: � — � ` � 2' M.J. DURKAN, INC By: �l � �- Printed Name: Yk R�2-� ��u S� v�,6C Ps �J Title: pv�eJ� • DATE: Q - S - I STATE OF WASHINGTON } } ss. COUNTY OF I� ( ATTEST: , City Clerk, Carol McN illy, CMC APPROVED AS TO FORM: ���-z� ' City Attorney, Patricia A Richardson On this day personally appeared before me MDl'�� r� J• ��+�( �'''�►'� , to me known to be the �r�s� ��p,,n,-� of �/i:�- r ka,,n ,�� 1v� that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated tha�/she was authorized to execute said instrument and that the seal affixed, if any,,is the corporate seal of said corporation. GIVEN my hand and official seal this � day of _s�Y►�1 '�(r , 2012. ,,�v►a��� •``''`` V • ,'i����� 1 � : � �,, '% , , � . ♦�* : i = ;u'.� �b j�� ; y� q�t. � �.,� 6,�, . �. n�a�. �� WASN�� Notary's signature Notary's printed nam i i? � Notary Public in and for the tat of Washington. My commission expires 4 J`� f PROFESSIONAL SER�IICES AGREEMENT - 6- 9/2012 CITY AF �"*�... �+�d�r�l GlTY HALL ��� 33325 8th Avenue Sfluth • PD Box 9718 Fetieral VVay, L1tA 98063-9718 (2b3) 835-70{i(} s�a�dv ci#yta�ted�+r �lros �ay rca!n EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the following: In consultation with the Mayor and/or staff designee, lobby state and local governments and cultivate relationships with other organizations, potentialiy including the federal government, as necessary to pursue the City's 2013 legislative objectives, economic deveiopment, and governmental relationships 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/electronic communications with appropriate persons. Cultivating relationships is defined as outreach and establishment of a rapport with representatives from other organizations, including those at the federal level. 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, help identify and pursue opportunities involving federal assistance and partnerships, and support priority City economic development goals by identifying and reaching out to organizations and representatives with an emphasis in economic and/or business development. Stay in touch with issues at the King County level, with the Suburban Cities Association, the Association of Washington Cities and other applicable organizations. Specific duties include: • Assist in identifying and prioritizing City issues prior to the 2013 Legislative session, including meeting with Department heads and the 30�' District Legislators. • Work with Mayor and/or staff designee to prepare the City's 2013 and 2014 Legislative Agenda. • Brief the City Council and the 30�' District Delegation on the Legislative Agenda at the January 2013 State Legisiative Breakfasts. • Work with Mayor and/or staff designee to prepare an off-session workplan for State Legislative issues and perform subsequent work. • Assist in identifying and prioritizing outreach on regional issues and opportunities. • Assist in identifying and prioritizing outreach on federal issues and opportunities. • Assist in identifying and prioritizing outreach for economic and/or business development in the City. • Attend meetings of the City CounciI, 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. • Maintain flexibility when working with the City on the myriad of issues. PROFESSIONAL SERVICES AGREEMENT - 7- 9/2412 CIiY ia� CITY HALL ``*�- �� � � # G� � �fl� 'Y � 33325 8th A,venue South • P� Box 9718 � Federal VVay, V�IA 9$U63-9718 (2�3) 835-74((� ws��! cityc3fleaier'plcv�y cUnt Provide correspondence to the 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 concerning lobbying efforts and a separate report regarding outreach efforts. • A final written repart and in-person presenta.tion at the end of the Legislative Session. • Off-session projects as they arise. PROFESSIONAL SERVICES AGREEMENT - 8- 9/2012 CITY QF "'*�....-. ���d�C�l CITY H�LL `��� 33325 8th Aver�ue Sc�uth • PC7 Box 9718 t Federal V'Uay, tNA �8063-9718 (2�3} 8�5-70� uv�a�vi cetyvt/eciecstw�y. rr�nt EXHIBIT "Bri COMPENSATION I. Totat Compensation: In return for the Services, the City shati pay the Contractor an amount not to exceed Sixty-two Thousand and No/l OQ Dollazs ($62,000.00), which shall be equally divided in twelve monthly payments. 2. Reimbursable Expenses: The actuai and incidental expenses incurred by the Contractor, including but not limited to mileage, copying and other reasonabie costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Three thousand and No/100 Dollars ($3,000). PROFESSIONAL SERVICES AGREEMENT - 9- 9l2012 CITY t�F CITY HI�LL ������� ���� 33325 8th Avenue South • P� Box 9718 Federal Way, WA �8�63-571 s {2�3) 835-74(i0 av�,��v ctt yvtTetier A1av�Y- cvnl EXHIBIT "C" INSURANCE CERTIFICATE PROFESSIONAL SERVICES AGREEMENT - 10 - 9/2012 �--�"'°" . ����� 325 Easdake Avenue East PO Box 778 �IiSUi`�iGe Seattle, WA98111A778 frlamed Insureds: lNAIiTIN J DURKA(+1 JENNIEER R DURKAN ` Z�443 S7NEENEY RD' SE . MAPLE VALLE'r WA 9803$-64Ati ' �s Please verifv aN inFomrstfiQa. if Miere are chaAges. Pleose caU aur of�ice. PEMCO Umbrella Policy RenewaF Declarations PEMCO Mutual Insurance Company Poliry Number UMB l2 i 875$ Thank you For choosing PEMCO. R�(�tf�; �il�liNlilA#�lM�'�A�Q�C�Ii 1.��� � iii�[DERL'af#l�;f ;i�l�ll�`#�1C� .' Your PEMG� UmbreNa Poliry provides coverage over and above the required minimum policy limits of underlying i�surance shawn below. IF undedying insurance is not maintained w+th the minimum limits as shown below, you'li have a gap in coverage. That means you would be unprotected for any difference between the a�nount of coverage you have and the required minimum limits shown. .. `-° Auto Liability ' Bodily lnjury $250,000 each personJ�r5Q0,000 each occurrence Rroperty Damage $100,000 each occurrence Home Rroperly Liability $300,000 each occurrence Watercraft Liability $300,000 each oecurrence Personal Watercraft $30�,000 each occu�renee Mob�cycie Liabiliiy Bodily I�jury $250,000 each pers�anj$�OQ,OOO each occurrence Property Darnage $100,000 or Combined Single Cimit $300,Q(3p Other $3�0,000 AU'f4 P4LtCY'INFORMAT�ON Poliry numb� or carrie� CA 1299bfJ7 ; 4ability limits Bodily injury limits $250�000 each person/$500,000 eacM occurrence ; Properfy'Damage limits $100,000 � Covered drivers D+�i�e of birth NlartinJ Durkan fl7/14J1954 lennifer R Durkan 10�1 I/1453 Quasfions? Cl+eck ow Custornsr tare site s�t pa�+co.com, or caN 1-800�GO�EMCO (7-8d0-4b7 3626J. Um6rella � ��/11 '� � 13671.�1 Rev. 12/201.1.... . . .. . � � � � Page 1 oF 3 . � �'. - � � � . . �. . . . . . . . . . � � ,.'�. . . . . . ' ...,. ..� �, . . . . . . . . . . ..,.s. � . � . . ., ... � . . . .. . . . . . . � . S