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HomeMy WebLinkAboutR-1998-009 Agreement / Jackie White / Hotel / Motel Tax / LegislationRESOLUTION NO. R-98- 9 8 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Legislative Services Agreement with Jackie L. White for the purpose of obtaining legislative services regarding hotel/motel tax legislation. WHEREAS, the City of Yakima requires legislative services regarding hotel/motel tax legislation before or expected to come before the Washington State Legislature; and WHEREAS, the City does not have the staffing levels or specialized expertise necessary to provide said legislative services; and WHEREAS, Jackie L. White has the experience and expertise necessary to perform said legislative services; and WHEREAS, Jackie L. White is willing to perform said legislative services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Jackie L. White for said legislative services in accordance with the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Legislative Services Agreement with Jackie L. White for the purpose of obtaining legislative services regarding hotel/motel tax legislation. The final form of the Agreement shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this day of -- 1,97VLZJ�� 1998. ATTEST: City Clerk (Ik)resilegisI tive servkesJwhtte.pm John Puccinelli, Mayor LEGISLATIVE SERVICES AGREEMENT THIS LEGISLATIVE SERVICES AGREEMENT (hereinafter the "Agreement") is made and entered into by and between the CITY OF YAKIMA (hereinafter the "City"), and JACKIE L. WHITE hereinafter the "Contractor"). WHEREAS, the City requires legislative services regarding legislation concerning hotel/motel tax issues before or expected to come before the Washington State Legislature. WHEREAS, the Contractor is willing to provide said legislative services in accordance with the tern's and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions set forth herein, it is agreed by and between the City and Contractor as follows: 1. Scope of Services. Contractor shall perform basic lobbying services on behalf of the City at the Washington State Legislature. Said basic lobbying services shall include, but not be limited to, the following: a. Advocating the City's positions regarding hotel/motel tax legislation with key legislators and their staff, and with the Governor and his staff; b. Coordinating testimony regarding hotel/motel tax legislation at committee hearings; c. Working with other municipal lobbyists and AWC lobbyists regarding hotel/motel tax legislation; d. Briefing City representatives weekly on the status of hotel/motel tax legislation and legislative activities; and e. Briefing the City Council regarding the status of hotel/motel tax legislation and legislative activities when requested to do so by the City Manager. 2. Term of Agreement. The term of this Agreement shall be from January 1, 1998 through 12:00 p.m., March 31, 1998, unless extended in writing by the parties, or unless sooner terminated by either party in accordance with Section 4 of this Agreement. 3. Consideration. Except for expenses as provided herein, the City shall provide the Contractor a total sum of not more than Nine Thousand Dollars ($9,000.00) as full compensation for performance of the basic lobbying services described in Section 1 of this Agreement. Said sum shall be paid in three Page 1 pk)agr/Leg.slauve service contract/pm January 21, 1998 monthly (January, February, and March) payments of Three Thousand Dollars ($3,000.00); provided, however, that the March 1998 payment shall be prorated to cover only those days in which the Washington State Legislature is in session and on which the Contractor actually performs basic lobbying services, including contacts with the Governor and his staff. The Contractor shall also be reimbursed by the City for long distance telephone charges incurred by the Contractor as a result of telephone communications with City representatives and/or elected officials. Additionally, the Contractor shall be reimbursed for reasonable travel expenses incurred as a result of travel to the City of Yakima to meet with City representatives and/or elected officials, including mileage of thirty cents per mile, air fare, hotel charges, and meals. The City shall make payment to Contractor within thirty (30) calendar days of receipt of each monthly billing (including documentation for travel expenses and telephone charges). 4. Termination. The City or Contractor may terminate this Agreement, with or without cause, by giving not less than ten (10) calendar days written notice of termination to the other party; In the event of termination, the City shall pay Contractor a pro -rata share of the applicable monthly payment through the termination date. 5. Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Agreement. Contractor and her employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 6. Taxes and Assessments. Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Contractor shall pay the same before it becomes due. 7. Indemnification. a. Contractor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of Contractor, its officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. Page 2 (Ik)agr/Legislativc service contract/pm January 21, 1998 b. The City agrees to hold harmless, indemnify, and defend Contractor, its officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. c. In the event that the officials, officers, agents, and/or employees of both Contractor and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) . d. Nothing contained in this Section or this Agreement shall be construed to create a liability to any third party or a right of indemnification in any third party. 8. No Insurance. It is understood the City does not maintain liability insurance for Contractor and/or her employees. 9. Nondiscrimination Provision. During the performance of this Agreement, Contractor shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 10. Compliance With Law. Contractor agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 11. Non -Waiver. The waiver by Contractor or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor as stated herein. 13. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. Page 3 (Iklagr/Leg!s1a1We semce contract/pm January 21, 1998 14. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or delivered to the parties to their addresses as follows: TO CITY: City Manager City of Yakima 129 N. 2nd St. Yakima, WA 98901 TO CONTRACTOR: Jackie L. White Governmental Relations 3230 90th Avenue N.W. Olympia, WA 98502 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or personally served. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 17. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. CITY OF YAKIMA CONTRACTOR By: y R. A. Zais, Jr., City Manager Date: 1 -j 1 °eggs' ATTEST: i r A ACti Ack ty lerk " . 0.�° �c City Contract No.: `"1 g -6 rl JACKIE L. WHITE Date: SEA.Le. Page 4 (Ik)agr/Legislative service contract/pm January 21, 1998 /" ::/ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of 1/20/98 ITEM TITLE: Consideration of a Resolution Authorizing Professional Legislative Services Agreement with Jackie White for Lobbying City Room Tax Legislative Proposal SUBMITTED BY: Dick Zais, City Manager Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Glenn Rice/575-6040 SUMMARY EXPLANATION: During the last legislative session, the Governor complicated our fonner Hotel/Motel Tax requiring us to seek specific litigation with Bellevue against the State of Washington. This action has been put on hold pending the legislature's "fix" of the Hotel/Motel Tax to enable us to continue to meet our bond requirements and to restore fully those prerogatives that Bellevue and Yakima previously had. Because of the complex nature of this Hotel/Motel Tax legislation, on Wednesday January 14, 1998, State Senator Alex Deccio visited with us and Kathy Coffey concerning a proposal that the City retain the professional services of Jackie L. White for the purposes of providing lobbying services for the City related specifically to this legislation dealing with Hotel/Motel Tax issues. Her duties would include monitoring and reporting on the legislation and following it from the first day of the legislative session through its reenactment in a manner favorable to Bellevue and Yakima. Senator Deccio believes that considerably personal legislative contact must be made on this issue, and he believes that Ms. White has the expertise on this issue to help assist him and the City in the effort to pass this critical legislation. The estimated cost of these services would be three equal payments of $3,000 per month beginning January 1, 1998 with the exception of March, we would be billed only for those days in which the legislature is actually in session. The maximum cost would be $9,000. Funding for this proposed services agreement can be provided within the Convention Center Capital Improvement Fund. It's Senator Deccio and Ms. Coffey's opinion that due to the sensitive nature of this legislation and the importance of it being done properly, that the Council approve this special lobbying services contract. Attached is the memo from Kathy Coffey to Dick Zais regarding this matter. A formal Legislative Services Contract would be presented to you on Tuesday, January 20. X Resolution Ordinance X Contract Other (Misc. Information) Funding Source APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION: Approve Legislative Services Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-98-9 711 CAPITOL WAY RM 403 PO BOX 40908 OLYMPIA WA 98604.0608 (3180) 753.1111 LOBBYIST REGISTRATION 1 LOBBYIST NAME L1 PERMANENT BUSINESS ADDRESS CITY STATE 2. TEMPORARY TF(URSTON COUNTY ADORES DURING LEGISLATIVE SESSION ZIP THIS SPACE FOR OFFICE USE TELEPHONE / PERMANENT C ,.�7 C�'�'- TEMPORARY' 3. EMPLOYER'S NAME AND ADDRESS (PERSON OR GROUP FOR WHICH YOU LOBBY) EMPLOYER'S OCCUPATION, BUSINESS OR DESCRIPTION//OF PURPOSE OF ORGANIZATION 4 NAME AND ADDRESS OF'PERSON HAVING CUSTODY OF ACCOUNTS, RECEIPTS. BOOKS OR OTHER DOCUMENTS WHICH SUBSTANTIATE LOBBYIST REPORTS. 3. WHAT IS YOUR PAY (COMPENSATION) FOR LOBBYING?' $ �9�''g`" PER_'/ (Flour, Day, Month, Year) OTHER: EXPLAIN i. ARE YOU REIMBURSED FOR LOBBYING EXPENSES? EXPLAIN WHICH EXPENSES. � ❑l YES- $ PER J YES: 1 AM REIMBURSED FOR EXPENSES. ❑ NO• 1 AM NOT REIMBURSED FOR EXPENSES. DESCRIPTION OF EMPLOYMENT (CHECK ONE OR MORE BOXES) ❑ FULL TIME EMPLOYEE ❑ PART TIME OR TEMPORARY EMPLOYEE ACONTRACTOR, RETAINER OR SIMILAR AGREEMENT ❑ UNSALARIED OFFICER OR MEMBER OF GROUP SOLE DUTY IS LOBBYING ❑ LOBBYING IS ONLY A PART OF OTHER DUTIES DOES EMPLOYER PAY ANY OF YOUR LOBBYING EXPENSES DIRECTLY? IF YES, EXPLAIN WHICH ONES. . HOW LONG DO YOU EXPECT TO LOBBY FOR THIS ORGANIZATION? ❑ PERMANENT LOBBYIST ' ONLY DURING LEGISLATIVE SESSION ❑ OTHER, EXPLAIN: 1. IF ANY PART OF YOUR COMPENSATION IS CONTINGENT ON THE SUCCESS OF AN ATTEMPT TO INFLUENCE LEGISLATION, ATTACH AN EXPLANATION FULLY DESCRIBING THE AGREEMENT, ARRANGEMENT OR UNDERSTANDING. NO ❑ YES. EXPLANATION ATTACHED IS YOUR EMPLOYER A BUSINESS OR TRADE ASSOCIATION OR SIMILAR ORGANIZATION WHICH LOBBIES ON BEHALF OF ITS MEMBERS? IF "YES", ATTACH A LIST SHOWING THE NAME AND ADDRESS OF EACH MEMBER WHO HAS PAID THE ASSOCIATION FEES, DUES OR OTHER PAYMENTS OVER 5500 DURING EITHER OF THE PAST TWO YEARS OR IS EXPECTED TO PAY OVER $500 THIS YEAR. NO ' ❑ YES. THE LIST 15 ATTACHED DOES YOUR EMPLOYER HAVE A CONNECTED, RELATED OR CLOSELY AFFILIATED POLITICAL ACTION COMMITTEE WHICH WILL PROVIDE FUNDS FOR YOU TO MAKE POLITICAL CONTRIBUTIONS INCLUDING PURCHASE TICKETS TO FUND RAISING EVENTS? IF SO, LIST THE NAME OF THAT POLITICAL ACTION COMMITTEE ,LTJ. NO ❑ YES. NAME OF THE COMMITTEE IS: IF LOBBYIST IS A COMPANY, PARTNERSHIP OR SIMILAR BUSINESS ENTITY WHICH EMPLOYS OTHERS TO PERFORM ACTUAL LOBBYING DUTIES, LIST NAME OF EACH PER SON WHO WILL LOBBY. (SEE WAC 390-20-143 AND 144 FOR INSTRUCTIONS.) AREAS OF INTEREST LOBBYING IS MOST FREQUENT BEFORE LEGISLATIVE COMMITTEE MEMBERS OR STATE AGENCIES CONCERNED WITH FOLLOWING SUBJECTS: CODE SUBJECT CODESUBJECT 01 ❑ Agriculture 08.. @(��. -Fiscal 02 ❑ Business and Consumer Affairs 09 ❑ Higher Education 03 ❑ Constitutions and Elections 10 El Human Services 04 Education 11 ❑ Labor 05 ❑12 ❑ Law and Justice Energy and Utilities �7 13 _ R Local Govemment 06 ❑ Environmental Affairs—Natural 14 ❑Stale Govemment Resources—Parks ❑ 15 ❑ Transportation 07 Financial Institutions and 18 ❑ Other—specify pacify REMARKS CERTIFICATION: I HEREBY CERTIFY THAT THE ABOVE IS A TRUE, COMPLETE AND CORRECT STATEMENT. EMPLOYER'S AUTHORIZATION: CONFIRMING THE EMPLOYMENT AUTHORITY TO LOBBY DESCRIBED IN THIS REGISTRATION STATMENT. LOBBYIST'S SIGNATURE DATE :'FORM L-1 (REV 3/9 1) —394— EMPLOYER'S SIGNATURE. NAME TYPED OR PRINTED AND TITLE DATE NOT VALID UNLESS SIGNED BY BOTH