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HomeMy WebLinkAboutCapitol Consulting LLCrY1C COnAvacA- # 21- O1--1- Lobbying Agreement between Debora Munguia, Capitol Consulting LLC, and Mason County This Contract, when executed, constitutes an agreement by and between MASON COUNTY, hereinafter "COUNTY/' and CAPITOL CONSULTING, LLC, hereinafter "CONTRACTOR." The parties agree as follows: 1. DURATION OF CONTRACT The term of this Contract shall begin on September 1, 2021 and shall terminate on December 31, 2023. Either the COUNTY or the CONTRACTOR may terminate this Contract without cause upon thirty (30) days with written notice to the other party. 2. SERVICES PROVIDED BY THE CONTRACTOR The COUNTY hereby engages the CONTRACTOR for consulting and lobbying services in the State of Washington. The CONTRACTOR will advise and assist the COUNTY in its objectives. Consulting and lobbying services include: • Assisting in the development of the COUNTY'S legislative proposals and positions; • Development and implementation of the strategies necessary to achieve the COUNTY'S objectives; • Attempting to achieve the passage, defeat, or amendment of legislation on which the COUNTY has taken a position; • Assisting in the development of relationships with key legislators, statewide elected officials, agencies, and relevant organizations; • Preparation of testimony and testifying at committee hearings; and • Attending and participating in hearings and meetings regarding issues important to the COUNTY. • CONTRACTOR shall not, without prior approval, either during the term of this Agreement or any time thereafter, directly or indirectly disclose or give to any person, firm, corporation, agency, or political subdivision any information acquired during the period of the Agreement. CONTRACTOR will advise of any client or activity that could potentially pose a conflict of interest. • CONTRACTOR will be responsible for filing all necessary Public Disclosure Commission forms except the filings required by the COUNTY as an employer of lobbyists. CONTRACTOR will assist in providing the information required by the COUNTY to file the form. 3. SERVICES PROVIDED BY THE COUNTY In order to assist the CONTRACTOR in fulfilling its duties under this Contract, the COUNTY shall provide the following: a. Relevant information as exists to assist the CONTRACTOR with the performance of the CONTRACTOR'S services. b. Coordination with other County Departments or other Consultants as necessary for the performance of the CONTRACTOR'S services. c. Services, documents or other information identified by the County Administrator. 4. CONTRACT REPRESENTATIVES The CONTRACTOR will work with and report to the County Administrator with regard to the consulting and lobbying services performed under this contract. It is understood that from time to time the CONTRACTOR may work with other staff as requested by the County Administrator to perform the consulting and lobbying services. The CONTRACTOR will report to the County Administrator in a timely and regular manner. 5. COMPENSATION a. For the services performed hereunder, the CONTRACTOR shall be paid based upon mutually agreed rates. The maximum total amount payable by the COUNTY to the CONTRACTOR under this Contract shall not exceed $4,000 per month. b. No payment shall be made for any work performed by the CONTRACTOR, except work identified and set forth in this Contract. c. The CONTRACTOR may submit invoices to the COUNTY not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time the CONTACTOR performed work for the COUNTY. The COUNTY shall pay the CONTRACTOR for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt of billing. 6. RELATIONSHIP OF THE PARTIES This Agreement does not create a relationship of principal and agent, master and servant, or employer and employee, and the parties are not joint venturers with or partners of each other. The parties agree that CONTRACTOR is to act as an independent contractor and is not authorized to make any agreement, contract or representation on behalf of COUNTY, or to create any obligations, expressed or implied, on behalf of COUNTY. CONTRACTOR shall be responsible for compliance with all applicable tax and legal requirements, including, without limitation, payment of applicable income and employment taxes. Nothing in this Agreement shall restrict either the rights of COUNTY to contract with any other person or entity to lobby on its behalf, or the rights of CONTRACTOR to lobby on behalf of any other person or entity not otherwise prohibited by this Agreement. 7. PROPRIETARY INFORMATION CONTRACTOR acknowledges that all information and materials developed by the CONTRACTOR for COUNTY and all information and materials obtained by the CONTRACTOR from COUNTY in connection with the CONTRACTOR's performance of this Agreement shall be the sole property of COUNTY and must be protected as confidential and proprietary to COUNTY. CONTRACTOR shall not make any use of such Proprietary Information except as required for CONTRACTOR's performance under this Agreement and shall take all necessary precautions to prevent improper use of such information and materials by others. Upon termination of this Agreement, CONTRACTOR shall promptly return all such property to COUNTY and make no further use of it for any purpose. CONTRACTOR acknowledges that any improper use by CONTRACTOR of COUNTY's confidential and proprietary information would cause irreparable injury to COUNTY which could not be properly compensated for by monetary means and for which COUNTY shall be entitled to injunctive relief for enforcement of CONTRACTOR obligations hereunder. 6. INSURANCE Without limiting CONTRACTOR's indemnification of County, CONTRACTOR shall procure and maintain through the Term of this Agreement, at its own expense, policies of insurance of at least the following types and amounts described below and, in a form, satisfactory to County. Commercial General Liability Insurance, including premises/operations liability, independent contractor liability, contractual liability, products liability, completed operations liability, broad form property damage liability, personal injury liability and bodily injury and death coverage in an amount of $1,000,000 per occurrence and $2,000,000 general aggregate. Workers' Compensation Insurance shall be maintained covering CONTRACTOR's employees in accordance with the laws of Washington State. Commercial Automobile Insurance shall be maintained by CONTRACTOR at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional Liability/Errors and Omissions Insurance shall be maintained by CONTRACTOR that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate providing for all sums which the CONTRACTOR shall be legally obligated to pay as damages for claims arising out of the services performed by the CONTRACTOR or any person employed by the CONTRACTOR in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and CONTRACTOR agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement. All of the insurance policies shall include on a CG 2010 11/85, or its equivalence, as Additional Insured COUNTY, its officers, officials, agents, and employees, including waiver of subrogation in favor of COUNTY. CONTRACTOR shall furnish COUNTY with certificates of insurance evidencing the coverage prior to commencement of Services, at each policy renewal and upon request from COUNTY. Nothing in this Section shall in any way limit or qualify CONTRACTOR's obligations. All of the insurance policies shall be issued by insurance companies currently authorized by the Insurance Commissioner to transact business of insurance in the State of Washington, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the County's Risk Manager and shall provide that COUNTY will be given thirty (30) days' prior written notice of cancellation or nonrenewal. All liability policies shall expressly provide that such insurance shall be primary insurance and any similar insurance in the name of or for the benefit of COUNTY shall be excess and non-contributing. a. The CONTRACTOR shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONTRACTOR will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. b. The CONTRACTOR'S Commercial General Liability insurance shall include the COUNTY, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the COUNTY as additional insured. c. The CONTRACTOR shall furnish the COUNTY with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the COUNTY as an additional insured. CONTRACTOR: MASON COUNTY, WA Firm: Capitol Consulting By: / By: bdoet, 1u (,(f 6 Title: (shay( Signature: (A horized Resentative) Date: Title: Address: (PI(& TrOZl1 bust_ s 1�,,►�, in�l cio I Date: (A- 14 - 2D2\