HomeMy WebLinkAbout11/07/2017 10 Washington State Legislative and Administrative Advocacy Services Agreement with Susie Tracy and Tony SermontiBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 10.
For Meeting of: November 7, 2017
ITEM TITLE: Resolution authorizing an agreement with Susie Tracy (Northwest
Advocates Political Consultants) and Tony Sermonti (Sermonti
Government Relations and Public Affairs) for Washington State
legislative and administrative advocacy services
SUBMITTED BY: Randy Beehler, Communications & Public Affairs Director
SUMMARY EXPLANATION:
Given the impending termination of the City's agreement with Jim Justin Government Relations
Consulting, Inc., at its October 12th study session, the City Council appointed an ad hoc
committee consisting of Mayor Coffey, Assistant Mayor Mendez, and Councilmember Cousens
to review materials from individuals and firms interested in representing the city during the 2018
legislative session, and make a recommendation to the full Council regarding which lobbyist(s)
the City should consider entering into a professional services agreement. The Council ad hoc
committee and City staff met on October 18th to review information provided by seven lobbyists
and/or lobbying firms that had expressed interest in representing the City in Olympia.
The Council ad hoc committee recommends to the full Council that the City enter into
professional services agreements with the team of Susie Tracy and Tony Sermonti for a period
not to exceed nine months for the purpose of representing the City to the state legislature,
governor's office, state administrative agencies, etc., and that the City initiate a Request for
Proposal or other more formal process in mid -2018 to select a lobbyist(s) or lobbying firm to
represent the City on a longer-term basis in Olympia.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
OAF
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
Description
Upload Date
Type
Memorandum regarding Oympia Lobbyist
111212017
Cowr Memo
Recommendation
D
resoution
11/212017
Cceer Memo
D
Tracy agreement
111212017
Cowr Memo
D
Sermonti agreement
111212017
Ca Memo
D
Susie Tracy Resume
10/2512017
Cmer Memo
D
Tony Sermonti Resume
10/25/2017
Cowr Memo
To: City Manager Cliff Moore
From: Communications & Public Affairs Director Randy Beehler
Subject: Olympia Lobbyist Recommendation
Date: Monday, October 30th, 2017
Cliff,
Given the impending termination of the City's contract with Jim Justin Government Relations
Consulting, Inc., research was conducted by City staff regarding potential new lobbyist representation
for the City in Olympia. Several lobbyists and/or lobbying firms interested in representing the City in
Olympia were contacted by City staff.
At its October 12th study session, the City Council appointed an ad hoc committee consisting of Mayor
Coffey, Assistant Mayor Mendez, and Councilmember Cousens to meet with City staff and make a
recommendation to the full Council regarding which lobbyist(s) the City should consider entering into a
contract with. The Council ad hoc committee and City staff met on October 18th to review information
provided by seven lobbyists and/or lobbying firms that had expressed interest in representing the City in
Olympia.
Because the 2018 session of the Washington State Legislature will begin in about two -and -a -half
months, entering into a contractual agreement with a lobbyist(s) or lobbying firm to represent the City in
Olympia needs to be completed expeditiously. Under normal circumstances, a Request for Proposal
("RFP") or other more formal process would likely be followed in selecting a professional services
provider like an Olympia lobbyist. However, since time is of the essence, City staff suggested to the
Council ad hoc committee that a recommendation be made to the full Council for the City to enter into
an agreement with a preferred lobbyist(s) or lobbying firm on a short-term basis (eight or nine months,
for example) and for a more extensive, formal process to be undertaken in mid -2018 to select a
lobbyist(s) or lobbying firm to represent the City in Olympia on a longer-term basis.
As a result of its October 18th, the Council ad hoc committee makes the following recommendation to
the full Council:
Council Ad Hoc Committee Recommendation
- The City enter into an agreement with the team of Susie Tracy (Northwest Advocates Political
Consultants) and Tony Sermonti (Sermonti Government Relations and Public Affairs) for a period not
to exceed nine months for the purpose of representing the City to the state legislature, governor's
office, state administrative agencies, etc. Under the agreements, each lobbyist will be paid $2,500
per month.
- The City initiate a Request for Proposal or other more formal process in mid -2018 to select a
lobbyist(s) or lobbying firm to represent the City on a longer-term basis in Olympia.
Susie Tracy has been a lobbyist in Olympia for more than 35 years. She has represented a wide
variety of clients and has a broad range of experience with multiple issues that have come before the
state legislature, state agencies, etc. Ms. Tracy is the owner of Northwest Advocates Political
Consultants.
Tony Sermonti has worked as a Washington State Senate Communications Advisor, an Associate
Advance Press Lead at the White House, and as the Washington State Department of Licensing's
Policy and Legislative Director. Mr. Sermonti is the owner of Sermonti Government Relations -Public
Affairs.
Ms. Tracy and Mr. Sermonti have proposed representing the City in Olympia as a team. The City's
current working relationship with Jim Justin and Jennifer Ziegler (through a contract with Jim Justin
Government Relations Consulting, Inc.) has proven successful. Continuing a similar relationship with
Ms. Tracy and Mr. Sermonti working as a team was a factor in the Council ad hoc committee's
recommendation to the full Council.
Attached are resumes for Ms. Tracy and Mr. Sermonti. Following are brief summaries of information
provided by Ms. Tracy and Mr. Sermonti and additional information gathered by City staff:
- Susie Tracy — Northwest Advocates (owner)
- Focused on social justice, health, housing, and human service -related missions
- Previous Experience
- Washington Board of Health — Special Assistant to the Executive Director
- Washington State Nurses Association — Government Relations Specialist
- Washington State Health Care Authority — Legislative Research Analyst
- Current Clients Sample
- Washington Airport Management Association
- Greater Seattle Business Association
- Washington Poison Center
- Evergreen Treatment Services
- Washington Academy of Eye Physicians and Surgeons
- Tony Sermonti — Sermonti Government Relations -Public Affairs (owner)
- Extensive experience in transportation -related policy, local government issues, land use issues,
and homelessness/affordable housing issues
- Previous Experience
- Washington State Department of Licensing — Policy and Legislative Director
- Office of the President, White House — Associate Press Advance Lead
- Washington State Senate — Communications Advisor
- Current Clients Sample
- Washington Trucking Association
- Northwest Autonomous Vehicles Alliance
- Motor Vehicle Software Corporation
The full City Council will consider the Council ad hoc committee's recommendation regarding this issue
at its November 7th business meeting. Based on action taken by the Council at its November 7th
business meeting, City staff will proceed accordingly.
Please let me know if you have any questions or need additional information regarding this issue prior
to the November 7th Council business meeting.
RESOLUTION NO. R -2017-
A RESOLUTION authorizing agreements with Northwest Advocates Political Consultants and
Sermonti Government Relations and Public Affairs to provide state legislative and
administrative advocacy services to the City.
WHEREAS, since 2012, Jim Justin Government Relations Consulting, Inc. has provided the City
of Yakima with state legislative and administrative advocacy services; and,
WHEREAS, the City has been notified by Jim Justin Government Relations Consulting, Inc. of its
intent to terminate its professional services agreement with the City no later than December 31St, 2017;
and,
WHEREAS, on October 12th, 2017, the Yakima City Council appointed an ad hoc committee
consisting of Mayor Coffey, Assistant Mayor Mendez, and Councilmember Cousins to review information
provided by lobbyists and lobbying firms that had expressed an interest in providing state legislative and
administrative advocacy services to the City; and,
WHEREAS, on October 18th, 2017, the ad hoc committee met with City Manager Cliff Moore and
Communications & Public Affairs Director Randy Beehler to review information provided by lobbyists and
lobbying firms that had expressed an interest in providing state legislative and administrative services to
the City; and,
WHEREAS, at its October 18th, 2017 meeting, the ad hoc committee unanimously recommended
the full City Council consider authorizing City Manager Moore to execute professional services
agreements with Northwest Advocates Political Consultants and Sermonti Government Relations and
Public Affairs to provide state legislative and administrative advocacy services to the City for a period not
to exceed nine (9) months; and,
WHEREAS, the City Council deems it to be in the best interest of the City to authorize the City
Manager to execute the attached Agreements for Professional Services with Northwest Advocates
Political Consultants and Sermonti Government Relations and Public Affairs to provide state legislative
and administrative advocacy services to the City for a period not to exceed nine (9) months; Now,
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached Agreements for
Professional Services with Northwest Advocates Political Consultants and Sermonti Government
Relations and Public Affairs to provide state legislative and administrative advocacy services to the City.
ADOPTED BY THE CITY COUNCIL this 7th day of November, 2017.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
Northwest Advocates Political Consultants
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2017, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and Northwest Advocates Political
Consultants, with its principal office at 2123 Wedgewood Drive SE, Olympia, Washington, 98501,
hereinafter referred to as "CONSULTANT"; said CONSULTANT is licensed and registered to do business
in the State of Washington, and will provide State Legislative and Administrative Advocacy Services,
hereinafter referred to as "SERVICES" on behalf of the City of Yakima.
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this
Agreement and subsequent Amendments thereto; and
WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into the operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing
by both parties, duties of CONSULTANT shall not be construed to exceed those services
specifically set forth herein.
2.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign Susie
Tracy as Consultant -in -Charge throughout the term of this Agreement unless other personnel are
approved by the CITY.
2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled
"Scope of Services" (hereafter WORK or PROJECT) which is attached hereto and made a part of
this Agreement as if fully set forth herein.
2.4 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by
CONSULTANT can be defined in detail at the time this Agreement is executed, and that
additional WORK related to the Project and not covered in Exhibit A may be needed during
performance of this Agreement. CITY may, at any time by written order, direct the
CONSULTANT to revise portions of the WORK previously completed in a satisfactory manner,
delete portions of the WORK, or request that the CONSULTANT perform additional WORK
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beyond the scope of the WORK. Such changes hereinafter shall be referred to as "Additional
Services."
2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost
of, or time required for, performance of any services under this Agreement, a contract
price and/or completion time adjustment pursuant to this Agreement shall be made and
this Agreement shall be modified in writing accordingly.
2.4.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the CONSULTANT, and if so authorized, shall be considered part of the
WORK. The CONSULTANT shall not perform any Additional Services until so
authorized by CITY and agreed to by the CONSULTANT in writing.
2.5 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from
the date of the CONSULTANT's receipt of the written notification of change.
SECTION 3 TERM
3.1 TERM: The term of this Agreement shall commence upon execution hereof and shall continue for
nine (9) months unless terminated sooner by either party in accordance with Section 16.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 CITY -FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in
the CITY'S possession relating to the CONSULTANT'S performance of the WORK.
4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to CONSULTANT as required for CONSULTANT'S performance of its services and
will provide labor and equipment as reasonably required by CONSULTANT for such access.
4.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports, proposals,
and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond
and financial advisors, and other consultants as CITY deems appropriate; and render in writing
decisions required of CITY in a timely manner. Such examinations and decisions, however, shall
not relieve the CONSULTANT of any contractual obligations nor of its duty to render
professional services meeting the standards of care for its profession.
4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. CONSULTANT shall be entitled to reasonably rely on such instructions
made by the CITY'S Representative unless otherwise directed in writing by the CITY, but
CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative
any instructions which the CONSULTANT believes are inadequate, incomplete, or inaccurate
based upon the CONSULTANT'S knowledge.
4.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available
solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of
its duties and obligations under this Agreement or at law. The CONSULTANT shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions there from.
SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
5.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with
WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
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SECTION 6 COMPENSATION
6.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in Exhibit A,
compensation shall be Two Thousand Five Hundred Dollars ($2,500) per month, plus
reimbursement for direct non -salary expenses.
6.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for CONSULTANT'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT -related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus ten percent (10%) and on the basis of current rates when furnished by
CONSULTANT.
6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the CONSULTANT and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
That a maximum of U.S. INTERNAL REVENUE SERVICE allowed
cents per mile will be paid for the operation, maintenance, and
depreciation costs of company or individually owned vehicles for that
portion of time they are used for WORK. CONSULTANT, whenever
possible, will use the least expensive form of ground transportation.
That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on ayearly basis.
That accommodation shall be at a reasonably priced hotel/motel.
That air travel shall be by coach class, and shall be used only when
absolutely necessary.
6.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
6.2 Unless specifically authorized in writing by the CITY, the total annual budgetary cost for this
PROJECT shall not exceed Twenty Two Thousand Five Hundred Dollars ($22,500), plus
reimbursement for direct non -salary expenses. The CONSULTANT will make reasonable efforts
to complete the WORK within the budget and will keep CITY informed of progress toward that
end so that the budget or WORK effort can be adjusted if found necessary. The CONSULTANT
is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY
obligated to pay the CONSULTANT beyond these limits. When any budget has been increased,
the CONSULTANT'S excess costs expended prior to such increase will be allowable to the same
extent as if such costs had been incurred after the approved increase, and provided that the City
was informed in writing at the time such costs were incurred.
6.3 The CONSULTANT shall submit to the City's Representative an invoice each month for payment
for services completed through the accounting cut-off day of the previous month. Such invoices
shall be for services and WORK performed and costs incurred prior to the date of the invoice and
not covered by previously submitted invoices. The CONSULTANT shall submit with each
invoice a summary of time expended on the PROJECT for the current billing period, and any other
supporting materials determined by the City necessary to substantiate the costs incurred. CITY
will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of
the WORK done and amount billed. CITY will notify the CONSULTANT promptly if any
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problems are noted with the invoice. CITY may question any item in an invoice, noting to
CONSULTANT the questionable item(s) and withholding payment for such item(s). The
CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional
supporting information required.
6.4 Payment terms are net 30 after receipt of approved invoice(s).
SECTION 7 RESPONSIBILITY OF CONSULTANT
7.1 INDEMNIFICATION:
(a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its
elected officials, agents, officers, employees, agents and volunteers (hereinafter
"parties protected") from (1) claims, demands, liens, lawsuits, administrative and
other proceedings, (including reasonable costs and attorneys fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the
CONSULTANT's performance under this Agreement. In the event that any lien is
placed upon the City's property or any of the City's officers, employees or agents as
a result of the negligence or willful misconduct of the CONSULTANT, the
CONSULTANT shall at once cause the same to be dissolved and discharged by
giving bond or otherwise.
(b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss, cost,
or expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection
with the service.
(c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a
person identified above for whom each is liable) is a cause of such third parry claim, the
loss, cost, or expense shall be shared between the CONSULTANT and the CITY in
proportion to their relative degrees of negligence or willful misconduct and the right of
indemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
7.2 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly
or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any
limitation on the amount or types of damages, compensation, or benefits payable by or for the
CONSULTANT or a subcontractor under workers' or workmens' compensation acts, disability
benefit acts, or other employee benefit acts.
CONSULTANT'S INITIALS CITY'S INITIALS
SECTION 8 AUDIT AND ACCESS TO RECORDS
8.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied. The
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CITY, or the CITY'S duly authorized representative, shall have access to such books, records,
documents, and other evidence for inspection, audit, and copying for a period of three years after
completion of the WORK. The CITY shall also have access to such books, records, and
documents during the performance of the WORK, if deemed necessary by the CITY, to verify the
CONSULTANT'S WORK and invoices.
8.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
8.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access
to records pursuant to this section provided that the CONSULTANT is afforded the opportunity
for an audit exit conference and an opportunity to comment and submit any supporting
documentation on the pertinent portions of the draft audit report and that the final audit report will
include written comments, if any, of the CONSULTANT.
8.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract
for WORK.
8.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 9 INSURANCE
9.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in
effect insurance to protect the City and the CONSULTANT from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Contract.
CONSULTANT shall provide and maintain in force insurance in limits no less than that stated
below, as applicable. The City reserves the rights to require higher limits should it deem it
necessary in the best interest of the public.
9.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance with a total minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state
who the provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall
name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds.
CONSULTANT shall not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice. The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
9.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles, before this Contract is fully executed by
the parties, OIC shall provide the City with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence combined single limit bodily injury and property damage. Automobile
liability will apply to "Any Auto" and be shown on the certificate.
b. If CONSULTANT does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Contract, which is
Section 12.2 entitled "Commercial Liability Insurance".
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C. Under either situation described above in Section 9.1.2.a and Section 9.1.2.b, the
required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Contract. The policy shall name
the City, its elected officials, officers, agents, employees, and volunteers as additional
insureds. CONSULTANT will not cancel or change the insurance without first giving
the City thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted
in the State of Washington.
9.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
9.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
CONSULTANT shall provide the City with a certificate of insurance as proof of
professional liability coverage with a total minimum liability limit of Two Million
Dollars ($2,000,000.00) per claim combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. CONSULTANT will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written. The insurance shall
be with an insurance company or companies rated A -VII or higher in Best's Guide. If
the policy is written on a claims made basis the coverage will continue in force for an
additional two years after the completion of this contract.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected officials, officers,
principals, employees, representatives, and agents shall have no obligation for payment
of premiums because of being named as additional insureds under such insurance.
None of the policies issued pursuant to the requirements contained herein shall be
canceled, allowed to expire, or changed in any manner that affects the rights of the City
until thirty (30) days after written notice to the CITY of such intended cancellation,
expiration or change.
SECTION 10 SUBCONTRACTS
10.1 CONSULTANT shall be entitled, with the City's written authorization and to the extent
determined appropriate by CONSULTANT, to subcontract any portion of the WORK to be
performed under this Agreement.
SECTION 11 ASSIGNMENT
11.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or CONSULTANT without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no
third parry beneficiaries are created by this Agreement, and that the rights and remedies provided
herein shall inure only to the benefit of the parties to this Agreement.
SECTION 12 INTEGRATION
12.1 This Agreement represents the entire understanding of CITY and CONSULTANT as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered herein. This Agreement may not be modified or altered
except in writing signed by both parties.
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SECTION 13 JURISDICTION AND VENUE
13.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full
force and effect. Venue for all disputes arising under this Agreement shall be Yakima County,
State of Washington.
SECTION 14 EQUAL EMPLOYMENT and NONDISCRIMINATION
14.1 During the performance of this Agreement, CONSULTANT and CONSULTANT's
subconsultants shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. 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, selection for training, and the
provision of services under this Agreement. CONSULTANT agrees to comply with the
applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination
statutes and regulations.
SECTION 15 SUSPENSION OF WORK
15.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of
the WORK. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK
under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering
with normal progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time
for completion of the WORK shall be extended by the number of days WORK is suspended. If the
period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended portion in
accordance with SECTION 15.
SECTION 16 TERMINATION OF WORK
16.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating
parry before termination. Notice shall be considered issued within seventy-two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
16.2 In addition to termination under subsection 16.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the CONSULTANT is given: (1) not
less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation with CITY before
termination.
16.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract
price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the CONSULTANT
at the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the CONSULTANT'S breach. In such event, CITY
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shall consider the amount of WORK originally required which was satisfactorily completed to
date of termination, whether that WORK is in a form or of a type which is usable and suitable to
CITY at the date of termination and the cost to CITY of completing the WORK itself or of
employing another firm to complete it. Under no circumstances shall payments made under this
provision exceed the contract price. In the event of default, the CONSULTANT agrees to pay
CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially
caused by said default. This provision shall not preclude CITY from filing claims and/or
commencing litigation to secure compensation for damages incurred beyond that covered by
contract retainage or other withheld payments.
16.4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for
convenience, the adjustment pursuant to the Agreement shall include payment for services
satisfactorily performed to the date of termination, in addition to termination settlement costs the
CONSULTANT reasonably incurs relating to commitments which had become firm before the
termination, unless CITY determines to assume said commitments.
16.5 Upon receipt of a termination notice under subsections 16.1 or 16.2 above, the CONSULTANT
shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2)
deliver or otherwise make available to CITY all originals of data, drawings, specifications,
calculations, reports, estimates, summaries, and such other information, documents, and materials
as the CONSULTANT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the
same.
16.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall
have no responsibility to prosecute further WORK thereon.
16.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is
determined that the CONSULTANT has not so failed, the termination shall be deemed to have
been effected for the convenience of CITY. In such event, the adjustment pursuant to the
Agreement shall be determined as set forth in subparagraph 16.4 of this Section.
16.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the CONSULTANT in PROJECT WORK or for any corporate officer of
the CONSULTANT to render his services to the PROJECT, the CONSULTANT shall not be
relieved of its obligations to complete performance under this Agreement without the concurrence
and written approval of CITY. If CITY agrees to termination of this Agreement under this
provision, payment shall be made as set forth in subparagraph 16.3 of this Section.
SECTION 17 DISPUTE RESOLUTION
17.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of
a notice of default as to whether such default does constitute a breach of the contract, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute. If the afore mentioned methods are either not successful then
any dispute relating to this Agreement shall be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other available means
of dispute resolution may be implemented.
SECTION 18 NOTICE
18.1 Any notice required to be given under the terms of this Agreement shall be directed to the parry at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -parry, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
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CITY: City of Yakima
Cliff Moore, City Manager
129 North 2" d Street
Yakima, WA 98901
CONSULTANT: Susie Tracy — Owner
Northwest Advocates Political Consultants
2123 Wedgewood Drive SE
Olympia, WA 98501
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA
Cliff Moore
Susie Tracy
Printed Name:
Printed Nan
Title: Ci . Manager
Title:
Date:
Date:
Attest
City Clerk
City Contract No.
Resolution No. R -2017 ----
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EXHIBIT A
SCOPE OF SERVICES
The Scope of Services shall include, but may not be limited to:
A. Represent the City interactions with the Governor's Office and
Administration, State Agencies, the State legislature, legislative representatives
and staff person, boards, commissions, and legislative bodies as described in the
Introduction.
B. Research and provide written and oral information to City Council as
specified by the City Manager on matters which include, but are not
Iimitod to
1) Existing and proposed State laws and regulations that affect City's
interests;
2) Reports on and testimony from legislative hearings;
3) The development and progress of State issues affecting the City's
interests;
4) State agency and department regulations guidelines, directives, and
other instruments of administrative policy;
5) Grants and other funding opportunities for proposed City projects;
and
6) Technical reports and memoranda affecting City operations and
fiscal conditions.
7) Specific knowledge on economic development, infrastructure, and
land use, including funding sources and regulatory requirements.
C. Services required of the Representative shall be personally provided by the
principals of the Representative as identified in the Proposal, which shall
be specified in the Professional Services Agreement between the
Consultant or Consultant firm and the City.
D. All materials submitted in response to this RFP, except for proprietary
material, shall become the property of the City upon delivery to the City,
which reserves the right in its sole discretion to use without limitation, any
and all information, concepts and data contained therein. The content of
all proposals will be held confidential until the selection of a consultant is
made. Any proprietary data must be clearly marked. The City is required
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by law to make its records available for public inspection, with certain
exceptions, per Chapter 42.17 RCW.
E. Representative shall provide all equipment and personnel needed to fulfill
the requirements for representing the City.
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AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
Sermonti Government Relations and Public Affairs
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2017, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and Sermonti Government Relations
and Public Affairs, with its principal office at 1324 Glass Avenue NE, Olympia, Washington, 98506,
hereinafter referred to as "CONSULTANT"; said CONSULTANT is licensed and registered to do business
in the State of Washington, and will provide State Legislative and Administrative Advocacy Services,
hereinafter referred to as "SERVICES" on behalf of the City of Yakima.
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this
Agreement and subsequent Amendments thereto; and
WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into the operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing
by both parties, duties of CONSULTANT shall not be construed to exceed those services
specifically set forth herein.
2.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign Tony
Sermonti as Consultant -in -Charge throughout the term of this Agreement unless other personnel
are approved by the CITY.
2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled
"Scope of Services" (hereafter WORK or PROJECT) which is attached hereto and made a part of
this Agreement as if fully set forth herein.
2.4 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by
CONSULTANT can be defined in detail at the time this Agreement is executed, and that
additional WORK related to the Project and not covered in Exhibit A may be needed during
performance of this Agreement. CITY may, at any time by written order, direct the
CONSULTANT to revise portions of the WORK previously completed in a satisfactory manner,
delete portions of the WORK, or request that the CONSULTANT perform additional WORK
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beyond the scope of the WORK. Such changes hereinafter shall be referred to as "Additional
Services."
2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost
of, or time required for, performance of any services under this Agreement, a contract
price and/or completion time adjustment pursuant to this Agreement shall be made and
this Agreement shall be modified in writing accordingly.
2.4.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the CONSULTANT, and if so authorized, shall be considered part of the
WORK. The CONSULTANT shall not perform any Additional Services until so
authorized by CITY and agreed to by the CONSULTANT in writing.
2.5 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from
the date of the CONSULTANT's receipt of the written notification of change.
SECTION 3 TERM
3.1 TERM: The term of this Agreement shall commence upon execution hereof and shall continue for
nine (9) months unless terminated sooner by either party in accordance with Section 16.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 CITY -FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in
the CITY'S possession relating to the CONSULTANT'S performance of the WORK.
4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to CONSULTANT as required for CONSULTANT'S performance of its services and
will provide labor and equipment as reasonably required by CONSULTANT for such access.
4.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports, proposals,
and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond
and financial advisors, and other consultants as CITY deems appropriate; and render in writing
decisions required of CITY in a timely manner. Such examinations and decisions, however, shall
not relieve the CONSULTANT of any contractual obligations nor of its duty to render
professional services meeting the standards of care for its profession.
4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. CONSULTANT shall be entitled to reasonably rely on such instructions
made by the CITY'S Representative unless otherwise directed in writing by the CITY, but
CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative
any instructions which the CONSULTANT believes are inadequate, incomplete, or inaccurate
based upon the CONSULTANT'S knowledge.
4.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available
solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of
its duties and obligations under this Agreement or at law. The CONSULTANT shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions there from.
SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
5.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with
WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
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SECTION 6 COMPENSATION
6.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in Exhibit A,
compensation shall be Two Thousand Five Hundred Dollars ($2,500) per month, plus
reimbursement for direct non -salary expenses.
6.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for CONSULTANT'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT -related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus ten percent (10%) and on the basis of current rates when furnished by
CONSULTANT.
6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the CONSULTANT and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
That a maximum of U.S. INTERNAL REVENUE SERVICE allowed
cents per mile will be paid for the operation, maintenance, and
depreciation costs of company or individually owned vehicles for that
portion of time they are used for WORK. CONSULTANT, whenever
possible, will use the least expensive form of ground transportation.
That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on ayearly basis.
That accommodation shall be at a reasonably priced hotel/motel.
That air travel shall be by coach class, and shall be used only when
absolutely necessary.
6.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
6.2 Unless specifically authorized in writing by the CITY, the total annual budgetary cost for this
PROJECT shall not exceed Twenty Two Thousand Five Hundred Dollars ($22,500), plus
reimbursement for direct non -salary expenses. The CONSULTANT will make reasonable efforts
to complete the WORK within the budget and will keep CITY informed of progress toward that
end so that the budget or WORK effort can be adjusted if found necessary. The CONSULTANT
is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY
obligated to pay the CONSULTANT beyond these limits. When any budget has been increased,
the CONSULTANT'S excess costs expended prior to such increase will be allowable to the same
extent as if such costs had been incurred after the approved increase, and provided that the City
was informed in writing at the time such costs were incurred.
6.3 The CONSULTANT shall submit to the City's Representative an invoice each month for payment
for services completed through the accounting cut-off day of the previous month. Such invoices
shall be for services and WORK performed and costs incurred prior to the date of the invoice and
not covered by previously submitted invoices. The CONSULTANT shall submit with each
invoice a summary of time expended on the PROJECT for the current billing period, and any other
supporting materials determined by the City necessary to substantiate the costs incurred. CITY
will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of
the WORK done and amount billed. CITY will notify the CONSULTANT promptly if any
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problems are noted with the invoice. CITY may question any item in an invoice, noting to
CONSULTANT the questionable item(s) and withholding payment for such item(s). The
CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional
supporting information required.
6.4 Payment terms are net 30 after receipt of approved invoice(s).
SECTION 7 RESPONSIBILITY OF CONSULTANT
7.1 INDEMNIFICATION:
(a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its
elected officials, agents, officers, employees, agents and volunteers (hereinafter
"parties protected") from (1) claims, demands, liens, lawsuits, administrative and
other proceedings, (including reasonable costs and attorneys fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the
CONSULTANT's performance under this Agreement. In the event that any lien is
placed upon the City's property or any of the City's officers, employees or agents as
a result of the negligence or willful misconduct of the CONSULTANT, the
CONSULTANT shall at once cause the same to be dissolved and discharged by
giving bond or otherwise.
(b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss, cost,
or expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection
with the service.
(c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a
person identified above for whom each is liable) is a cause of such third parry claim, the
loss, cost, or expense shall be shared between the CONSULTANT and the CITY in
proportion to their relative degrees of negligence or willful misconduct and the right of
indemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
7.2 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly
or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any
limitation on the amount or types of damages, compensation, or benefits payable by or for the
CONSULTANT or a subcontractor under workers' or workmens' compensation acts, disability
benefit acts, or other employee benefit acts.
CONSULTANT'S INITIALS CITY'S INITIALS
SECTION 8 AUDIT AND ACCESS TO RECORDS
8.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied. The
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CITY, or the CITY'S duly authorized representative, shall have access to such books, records,
documents, and other evidence for inspection, audit, and copying for a period of three years after
completion of the WORK. The CITY shall also have access to such books, records, and
documents during the performance of the WORK, if deemed necessary by the CITY, to verify the
CONSULTANT'S WORK and invoices.
8.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
8.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access
to records pursuant to this section provided that the CONSULTANT is afforded the opportunity
for an audit exit conference and an opportunity to comment and submit any supporting
documentation on the pertinent portions of the draft audit report and that the final audit report will
include written comments, if any, of the CONSULTANT.
8.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract
for WORK.
8.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 9 INSURANCE
9.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in
effect insurance to protect the City and the CONSULTANT from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Contract.
CONSULTANT shall provide and maintain in force insurance in limits no less than that stated
below, as applicable. The City reserves the rights to require higher limits should it deem it
necessary in the best interest of the public.
9.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance with a total minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state
who the provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall
name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds.
CONSULTANT shall not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice. The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
9.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles, before this Contract is fully executed by
the parties, OIC shall provide the City with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence combined single limit bodily injury and property damage. Automobile
liability will apply to "Any Auto" and be shown on the certificate.
b. If CONSULTANT does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Contract, which is
Section 12.2 entitled "Commercial Liability Insurance".
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C. Under either situation described above in Section 9.1.2.a and Section 9.1.2.b, the
required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Contract. The policy shall name
the City, its elected officials, officers, agents, employees, and volunteers as additional
insureds. CONSULTANT will not cancel or change the insurance without first giving
the City thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted
in the State of Washington.
9.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
9.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
CONSULTANT shall provide the City with a certificate of insurance as proof of
professional liability coverage with a total minimum liability limit of Two Million
Dollars ($2,000,000.00) per claim combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. CONSULTANT will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written. The insurance shall
be with an insurance company or companies rated A -VII or higher in Best's Guide. If
the policy is written on a claims made basis the coverage will continue in force for an
additional two years after the completion of this contract.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected officials, officers,
principals, employees, representatives, and agents shall have no obligation for payment
of premiums because of being named as additional insureds under such insurance.
None of the policies issued pursuant to the requirements contained herein shall be
canceled, allowed to expire, or changed in any manner that affects the rights of the City
until thirty (30) days after written notice to the CITY of such intended cancellation,
expiration or change.
SECTION 10 SUBCONTRACTS
10.1 CONSULTANT shall be entitled, with the City's written authorization and to the extent
determined appropriate by CONSULTANT, to subcontract any portion of the WORK to be
performed under this Agreement.
SECTION 11 ASSIGNMENT
11.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or CONSULTANT without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no
third parry beneficiaries are created by this Agreement, and that the rights and remedies provided
herein shall inure only to the benefit of the parties to this Agreement.
SECTION 12 INTEGRATION
12.1 This Agreement represents the entire understanding of CITY and CONSULTANT as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered herein. This Agreement may not be modified or altered
except in writing signed by both parties.
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SECTION 13 JURISDICTION AND VENUE
13.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full
force and effect. Venue for all disputes arising under this Agreement shall be Yakima County,
State of Washington.
SECTION 14 EQUAL EMPLOYMENT and NONDISCRIMINATION
14.1 During the performance of this Agreement, CONSULTANT and CONSULTANT's
subconsultants shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. 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, selection for training, and the
provision of services under this Agreement. CONSULTANT agrees to comply with the
applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination
statutes and regulations.
SECTION 15 SUSPENSION OF WORK
15.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of
the WORK. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK
under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering
with normal progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time
for completion of the WORK shall be extended by the number of days WORK is suspended. If the
period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended portion in
accordance with SECTION 15.
SECTION 16 TERMINATION OF WORK
16.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating
parry before termination. Notice shall be considered issued within seventy-two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
16.2 In addition to termination under subsection 16.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the CONSULTANT is given: (1) not
less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation with CITY before
termination.
16.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract
price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the CONSULTANT
at the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the CONSULTANT'S breach. In such event, CITY
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shall consider the amount of WORK originally required which was satisfactorily completed to
date of termination, whether that WORK is in a form or of a type which is usable and suitable to
CITY at the date of termination and the cost to CITY of completing the WORK itself or of
employing another firm to complete it. Under no circumstances shall payments made under this
provision exceed the contract price. In the event of default, the CONSULTANT agrees to pay
CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially
caused by said default. This provision shall not preclude CITY from filing claims and/or
commencing litigation to secure compensation for damages incurred beyond that covered by
contract retainage or other withheld payments.
16.4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for
convenience, the adjustment pursuant to the Agreement shall include payment for services
satisfactorily performed to the date of termination, in addition to termination settlement costs the
CONSULTANT reasonably incurs relating to commitments which had become firm before the
termination, unless CITY determines to assume said commitments.
16.5 Upon receipt of a termination notice under subsections 16.1 or 16.2 above, the CONSULTANT
shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2)
deliver or otherwise make available to CITY all originals of data, drawings, specifications,
calculations, reports, estimates, summaries, and such other information, documents, and materials
as the CONSULTANT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the
same.
16.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall
have no responsibility to prosecute further WORK thereon.
16.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is
determined that the CONSULTANT has not so failed, the termination shall be deemed to have
been effected for the convenience of CITY. In such event, the adjustment pursuant to the
Agreement shall be determined as set forth in subparagraph 16.4 of this Section.
16.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the CONSULTANT in PROJECT WORK or for any corporate officer of
the CONSULTANT to render his services to the PROJECT, the CONSULTANT shall not be
relieved of its obligations to complete performance under this Agreement without the concurrence
and written approval of CITY. If CITY agrees to termination of this Agreement under this
provision, payment shall be made as set forth in subparagraph 16.3 of this Section.
SECTION 17 DISPUTE RESOLUTION
17.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of
a notice of default as to whether such default does constitute a breach of the contract, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute. If the afore mentioned methods are either not successful then
any dispute relating to this Agreement shall be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other available means
of dispute resolution may be implemented.
SECTION 18 NOTICE
18.1 Any notice required to be given under the terms of this Agreement shall be directed to the parry at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -parry, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
Page 8 of 11
CITY: City of Yakima
Cliff Moore, City Manager
129 North 2" d Street
Yakima, WA 98901
CONSULTANT: Tony Sermonti — Owner
Sermonti Government Relations and Public Affairs
1324 Glass Avenue NE
Olympia, WA 98506
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA
Cliff Moore
Printed Name:
Tony Sermonti
Printed N
Title: Ci . Manager Title:
Date:
Attest
City Clerk
City Contract No.
Resolution No. R -2017 ----
Page 9 of 11
Date:
25
99
EXHIBIT A
SCOPE OF SERVICES
The Scope of Services shall include, but may not be limited to:
A. Represent the City interactions with the Governor's Office and
Administration, State Agencies, the State legislature, legislative representatives
and staff person, boards, commissions, and legislative bodies as described in the
Introduction.
B. Research and provide written and oral information to City Council as
specified by the City Manager on matters which include, but are not
Iimitod to
1) Existing and proposed State laws and regulations that affect City's
interests;
2) Reports on and testimony from legislative hearings;
3) The development and progress of State issues affecting the City's
interests;
4) State agency and department regulations guidelines, directives, and
other instruments of administrative policy;
5) Grants and other funding opportunities for proposed City projects;
and
6) Technical reports and memoranda affecting City operations and
fiscal conditions.
7) Specific knowledge on economic development, infrastructure, and
land use, including funding sources and regulatory requirements.
C. Services required of the Representative shall be personally provided by the
principals of the Representative as identified in the Proposal, which shall
be specified in the Professional Services Agreement between the
Consultant or Consultant firm and the City.
D. All materials submitted in response to this RFP, except for proprietary
material, shall become the property of the City upon delivery to the City,
which reserves the right in its sole discretion to use without limitation, any
and all information, concepts and data contained therein. The content of
all proposals will be held confidential until the selection of a consultant is
made. Any proprietary data must be clearly marked. The City is required
Page 10 of 11
27
by law to make its records available for public inspection, with certain
exceptions, per Chapter 42.17 RCW.
E. Representative shall provide all equipment and personnel needed to fulfill
the requirements for representing the City.
Page 11 of 11
28
t
Political Consultants
2123 Wedgewood Is SI
Olympia, WA 98501
Cell: 360-701-4089
TracV21239comcaslxel
Education: backelor of Arts, Journalism Major, (J niversit� of Idako
Earlier Work
uoeeieotoi Assistant to tke President, U niversit� of IJako
Peace Corps, Malaysia
MarLeting Research, 5unset Magazine, Palo Alto, CA
Administrative Assistant, Office of the can of
(Jndergraduate 5tudies, 5tanford Universif
ConstituentKelations and Legislative Assistant, Nortk Idako
Office Of U.15.5enator rranL Ckurck, MOSCOW, Ida6s.
r
Lo669ist, Wa. u6lic (Atilities [)istricts Association
Current
linIpWotoot; Owner (I �82-2017), Nortkwe5t Advocates rolitical Consultant!
specializing in non-partisan representation of a 6roaJ variety of clients
6efore tine Waskington,5tate Legislature and Waskington,5tate
agencies. Provide strategic Planning, issue development, 6ill drafting
and tracking, coalition 6uilding, lo66'9ing, media relations, session
reporting, regulatory assistance, campaign involvement, and otker
activities as required.
Current Clients.
Wa. Fk�sicians Healtk rrogram
Wa. Poison Center
Wa. Chapter, American College of E_mergenc3 Physicians
N9
Caring for Waskington (family medicine residency programs)
Wa. Airport Management Association
Wa. State Society of Oral and Maxillofacial Surgeons
Acadia Healtkcare Inc.
Greater Seattle E)usiness Association
Therapeutic Health Services
Evergreen Treatment Services
Wa. Ambulatory Surgery Centers Association
Former Clients:
Oracle Corporation
American Medical Response
Susan G. Komen breast cancer Foundation, Puget Sound Affiliate
Washington State Medical Association
Small and Midsize Transit Alliance (Wa. State Transit Association)
REI
Fu6lic Healtk Kounclta6le
University of Washington Medical School
Har6orview Medical Center
Airlift Northwest
Washington State Arts Alliance
Aging Services of Washington
5c6ering-Plough Pharmaceutical
The Nature Conservancy
Mothers Against Violence in America
Wa. Ambulance Association
Wa. State Financial Services Association
Wa. Fu6lic Power Supply System
Seattle Chinese Garden
ot—he-- Owner, Art In Soul, a small retail 6usiness in Lace.9, WA., specializing in art stamps,
decorative paper, art supplies, 600k -making, and class instruction
««�-
9E
sermonti
Government Relations I Public Affairs.,
Tony Sermonti
Contract lobbyist with more than 15 years of experience advising
government leaders, elected officials, and industry executives on publ
policy, the political process, and communications.
Senior advisor to state agency executives, Governor's Office, legislators,
and industry leaders
Drafted and lobbied for successful passage of several high-profile pieces of
legislation that were delivered to Governor's desk for signature into law
Subject matter expert on transportation and federal identification policy,
land use, and the legislative budget advocacy including the operating,
capital, and transportation budgets
History of strategic and tactical social media and news media
communications achievements to accomplish political and policy objectives
I served as Policy and Legislative Director for the Washington State Department of
Licensing, a large state agency that in addition to its major transportation system function,
regulates a wide range of more than 35 different businesses and professions. I frequently
advised legislators on their policy ideas, advanced Governor -request legislation, and
testified in a variety of committee hearings including the House Judiciary and Public
Safety Committees, House and Senate Transportation Committees, and the Senate Law
and Justice Committee. I have strong relationships with the committee chairs, ranking
members, and staff to these committees.
a
I secured 85 million in computer system capital investment in the transportation budget
during a three-year period. I worked with legislative leadership on the largest congestion
relief and highway investment in state history. Other highlights of my legislative
accomplishments include passage of major legislation for the state to comply with the
federal REAL ID Act, DUI sentencing reform, a hard-fought bili to keep law enforcement
officers' confidential information safe from public disclosure, and consumer protection
legislation.
Throughout my career, I have worked extensively with issues involving local governments,
including land use, homelessness and transportation funding. Particularly with
transportation issues, I worked with the Association of Washington Cities and Washington
Association of Counties on statewide policy issues. I also was a candidate for Olympia City
Council in 2009, and gained a much deeper understanding of local governments and the
many challenges they face.
I have many strong • r based on r bipartisanship • both sides
political aisle in the State Capitol.approach + successful government
advocacy is •a • in unyielding- •. • and a positive, proactiveapproach
focuses on advancing policies that improve a client's operations.
Prior to work at the agency, I served as staff in the Washington State Senate and gained an
inside understanding of the legislative process behind closed doors. I advised the
majority leader and the Chair of the Ways & Means Committee on policy and
communications on K-1 2 education, the state operating, capital, and transportation
I have a developed skill in communicating effectively with the media and public,
managing crisis, and translating complex public policy into actionable information fortop
elected officials and executives.
I have served as an on -camera spokesperson for several large organizations during times
#f successand crisis, and worked behind the scenes with political campaigns,
House,d national and local news media.also have a historymanagement
,-xecution of marketing, awareness, and grassroots organizing campaigns using a variety
• ed... sources and strategies to reach the total
audience ways that resonate.
Professional
Policy and Legislative Director
Washington State Department ofLicensing
Associate Press Advance Lead
Executive Office of the President, The White House
Washington State Department of Licensing
Washington State Senate
Edwards for President
Communications and media relations manager
The Evergreen State College
References
RankinBK8ember, JudyC|ibbonn,
Ways & Means Committee Chair, House Transportation Committee
360-472-1850 206'819'2054
Senator Curtis King
Chair, Senate Transportation Committee
509-952-4667
Ms. Jane Wall
Government Relations Advocate
Association ofWashington Cities
360'753'4137
Mayor Erik Larson
City of Aberdeen
360-581-1328
Mr. David Postman
360-688-4320
oo
33
Education
Bachelor of Arts, pre -law and communications
The Evergreen State College
LEAN Six Sigma Green
• Certification
Univ. of Wa Jaa oj,' ro essiot-A Develo*jaest Cetter
For more information, please see