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HomeMy WebLinkAboutCOW 2009-11-09 Item 5F - Agreement - 2010 Lobbying Services with Ball Janik for $9,568 Per Month Plus Expenses .T. C o UNCIL A GENDA SYNOPSIS 0 k.' l t y Initials ITEM .NO. P1�,��1 i Meetzn� Dat Prepared by 1 Mayor's review Council re zw 1 1 11/09/09 1 SO y e I 11/16/09 SO I I 1 3 i "soa 1 I I I I I ITEM INFORMATION CAS NUMBER: 09-160 'ORIGINAL AGENDA DATE: NOVEMBER 9, 2009 AGENDA ITEM TITLE Contract with Ball Janik, LLP, for lobbying services in 2010. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 11/09/09 Mtg Date 11/16/09 Mfg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police PW SPONSOR'S The Council is being asked to authorize the Mayor to approve a contract with Ball 7anik, SUMMARY LLP, for the period 1/1/2010 through 12/31/2010 in the amount of $9,568 per month, plus expenses that shall not exceed $1,000 per month without prior authorization of the City. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/3/09 RECOMMENDATIONS: SPONSOR /ADMIN. Review and approval COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $9,568 /month expenses Fund Source: 000.03.513.100.41.02 Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 11/9/09 11/16/09 J MTG. DATE ATTACHMENTS 11/9/09 Informational memorandum dated 10/23/09 Contract with Ball 7anik, LLP Minutes from the Finance Safety Committee meeting of 11/3/09 I I TO. FINANCE SAFETY COMMITTEE FROM. Mayor's Office DATE. October 23, 2009 SUBJECT: 2010 Contract with Ball Janik, LLP ISSUE '1 City of Tukwila R.� Professional services contract with Ball Janik, LLP for lobbying services will expire on December 31, 2009. DISCUSSION The City wishes to retain the services of Ball Janik, LLP to perform lobbying services for the year 2010 There has been no increase in the monthly fees from last year, which were $9,568 per month, plus expenses. This amount was approved in the 2009 -2010 biennial budget. RECOMMENDATION Jim Haggerton, Mayor The Council is being asked to authorize the Mayor to approve a contract with Bali Janik, LLP, for the period 1/1/2010 through 12/31/2010 in the amount of $9,568 per month, plus expenses that shall not exceed $1,000 per month without prior authorization of the City Consideration of this item is being requested at the November 9, 2009 Committee of the Whole meeting and subsequent November 16, 2009 Regular Meeting. ATTACHMENTS Proposed 2010 Contract INFORMATIONAL MEMORANDUM Contract For Services 2010 Ball Janik, L.L.P. This agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Ball Janik, LLP, hereinafter referred to as "the Contractor" whose principal office is located at 1455 F Street, NW, Suite 225, Washington D.C. 20005 Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staff resources or expertise to perform such services, and Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and conditions, now, therefore, In Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statues, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the city if the scope or schedule is to be modified in any way. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed nine thousand five hundred sixty -eight dollars ($9,568) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed one thousand dollars ($1,000) per month without prior approval of the City. The monthly retainer shall be evaluated at the end of the first full month and each quarter thereafter for appropriateness. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2010 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any Deleted 09 Deleted: 09 Deleted: 09 1 Contract for Sery ices 2014 Ball Januk, L.L.P Page 2 benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Indemnification. The Contractor shall indemnify, defend and hold harmless the City its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against he City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. Record Keenine and Renortine. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. These records shall be maintained for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 4014 and by the City. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject inspection, review or audit by law during the performance of this Agreement. Deleted: 09 1 Contract for Services 2010 Ball Janik, L.L.P Page 3 Termination. The City giving to the Contractor thirty days written notice of the City's intention to terminate the same may at any time terminate this Agreement. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assienment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: Ball Janik, LLP Michelle E Giguere 101 SW Main Street, Suite 1100 Portland, OR 97204 Applicable Law: Venue: Atttornev's Fees. This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or the proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CONTRACTOR: CITY OF TUKWILA. 1 Deleted: 09 1 Contract for Sery ices 20A. Ball Janik, L.L.P Page 4 BY: ATTEST /AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM. OFFICE OF THE CITY ATTORNEY. BY: Jim Haggerton, Mayor Deleted' 09 1 Contract for Services 2014 Ball Janik, L.L.P Page 5 Exhibit A Scope of Work and Specific Service Ball Janik, LLP 1. Scone of Work: Ball Janik LLP will provide federal representation and lobbying services for the city of Tukwila related to securing federal authorization and appropriation for key projects identified by the City Ball Janik LLP will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City and to take advantage of new programs developed by the new Administration that could benefit the City. On matters of federal policy, Ball Janik will monitor key legislation debated by Congress and will continually evaluate such legislation for opportunities to secure congressional or federal agency support for policies which will help to advance Tukwila's goals and priorities. Ball Janik will assist the City in every sten in the process of congressional reauthorization of the SAFETEA -LU transportation authorization bill.,will monitor the ongoing debate over telecommunication legislation and will advocate for legislative language will maintain or restore local control over franchising, access to IocaI rights of way, and related matters closely monitor final Congressional Action on the aviation program renewal legislation, and advocate for program changes and funding levels that could benefit Tukwila and city neighborhoods adversely affected by operations at SEATAC or Boeing Field.and. will monitor and advocate for Tukwila on climate change (particularly funding allocations for transportation. TOD and transit funding within climate change legislation) environmental, energy conservation, affordable housing, emergency responder, water policy bills, surface and rail transportation funding/policy, and other legislation which may be considered by Congress. On matters of federal funding and appropriations, Ball Janik will provide guidance and assistance to the City regarding opportunities to secure federal funding for appropriations projects that the City determines to be its highest priorities for federal funding in FY'2011, In particular, Ball Janik will provide city staff and elected leaders with advice and perspective on the chances for successfully pursuing initial or additional federal funding for projects such as. Southcenter Parkway extension project; Klickitat/Urban Center access transportation project; Community Connections Project including funds to assist with the construction of a new pedestrian bridge linking the Urban Center to the commuter rail station; jesource- related projects such as the Green Duwamish restoration project; library needs; circulator bus plans and partnership with Metro Seattle bus; commuter rail, State and related commercial and housing development work at Southcenter and Tukwila Village: human resources; emergency responder; land acquisition, transportation enhancement; railroad crossing; community or commercial development related projects; emergency flood preparation. and other projects identified by the City In addition. Ball Janik will continue to assist the Citv in securing special federal grants through ARRA (economic recovery act) and subsequent legislation that may be enacted to address the economic situation. Projects and priorities can be re- evaluated in the course of the year as Congressional and City priorities and agendas change and new opportunities to enhance federal financial support for City projects are presented. Ball Janik LLP will consult in early January, 2010 with City officials to confirm an agenda for action and place priorities on projects; coordinate meetings for City officials with Congressional and Administration officials; report to the City regularly on strategy, next steps, and implementation of objectives; provide regular communication, progress reports and recommendations for action to the City; and where appropriate continue to advise the City with Deleted: 09 -I Deleted Ball Janik Deleted: 1 Deleted' In addition, Ball Janik -I Deleted. Further, Ball Janik Deleted: 0 'Deleted: 09 Deleted: Strander Blvd connection project (in conjunction with the City of Renton); Deleted: 09 Contract for Services 20 Ball Janik, L.L.P Page 6 regard to working with other regional and State officials on identified priorities. The scope of work may also include federal representation on matters related to LINK light rail, Sounder, and other matters under Sound Transit's jurisdiction. Deleted: 09 1 Contract for Services 201 Ball Janik, L.L.P Page 7 2. Specific Services: Ball Janik LLP will be responsible, as a minimum for the following: Deleted: 09 Inform the City of key timelines for proposed actions Identify federal rule, policies, and laws that support the City's goals, Identify key officials and contacts that the City needs to make and the best time to make such contacts Brief all appropriate congressional and federal officials about Tukwila's priorities Advise City of key dates in the congressional and administrative calendar that impact its goals Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all key members of the Washington congressional delegation Prepare background papers, position papers, project request subcommittee forms, and briefing materials When appropriate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and their Congressional officials at hearings, mark -ups and House /Senate conferences on legislation Assist Members of the congressional delegation with preparation of testimony, questions for agency officials at hearings, speeches and floor colloquies, drafting amendments and or committee report language and legislation Work with the City to protect the City's interests in changing telecommunication policy Attend and report on congressional hearings of import Advise City of new regulations, programs, or proposed legislation of import Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for major reauthorization of legislation, and the annual appropriations bills Advise the City about working for transportation oroiect funding and nolicv changes in z SAFETEA -LU reauthorization and with City and other officials throughout the year to -1 Deleted: positioning itself to make a promote strong regional and state support for the Citv's priorities, strong Obtain appointments for City officials in Washington, D C., develop schedules, accompany 1 Deleted: funding request and City officials to meetings, and provide briefing materials for City officials for their meetings 1 Deleted this anticipated funding with Congressional officials request Be the City's "eyes and ears" in Washington. 1 1 1 l Contract for Sery ices 20 Ball Janik, L.L.P Page 8 Exhibit B Terms of Payment Ball Janik, LLP will invoice the City for the work completed at the rate of $9,568 00, plus reasonable expenses, not to exceed $1,000, at the close of each month. Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format. _l Deleted: 09 1 FINANCE AND SAFETY COMMITTEE Meeting Minutes November 3, 2009 5:00 p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: Pam Linder, Chair; Joe Duffie and De' Sean Quinn Staff: Shawn Hunstock, Don Tomaso, Mary Miotke, Rhonda Berry and Kimberly Matej CALL TO ORDER: Chair Linder called the meeting to order at 5:07 p.m. The order of agenda items was modified from the original agenda packet. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Above Ground Fuel Tank Installations Related to Howard Hanson Zoning in the Tukwila Urban Center does allow for the installation of above ground fuel tanks. However, the Tukwila Municipal Code provides an exception to this code when the tank is permitted by the Fire Department and properly screened from public view. Usually these permits allowing for above ground installation come forward to Committee as information only item prior to the Fire Department issuing the permit. Staff is seeking Committee approval to issue permits for the temporary installation of standby power systems with supplemental fuel tanks until issues with the Howard Hanson Dam (or appropriate flood preparations) are resolved without first coming to Committee with an information only item. These types of systems are being considered for installation by businesses who desire to ensure the continuity of operations at such a time that flood damage affects the Tukwila community. Staff will send a monthly report to Finance Safety Committee members regarding permits that have been issued. All tanks will comply with necessary environmental and contaminant standards. COMMITTEE CONCURS. INFORMATION ONLY. B. Reappointment of Municipal Court Judge and an Ordinance Establishing the Judge's Salary Mayor Haggerton is seeking full Council approval to re- appoint Judge Kimberly Walden to the Tukwila Municipal Court, effective January 1, 2010, through December 31, 2013. Additionally, he is seeking full Council approval of an ordinance which establishes the judge's salary as required by Tukwila Municipal Code and the Revised Code of Washington. There is no recommendation to increase the hourly flat rate compensation for the Tukwila Municipal Court Judge, which is currently $67.00 per hour (in effect since January 1, 2008), for approximately 30 hours per week. However, Mayor Haggerton recommends entitling the position the same paid holidays as the non represented employee group. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 9 COW FOR DISCUSSION. C. 2010 Contract Renewal with Ball Janik. LLP for Lobbving Services This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City of Tukwila in Washington, D.C. and on federal issues. The contract and contract amount remain the same as last year, and minimal changes have been made to the Scope of Work and Specific Services updating projects and other relevant information as necessary. Finance Safety Committee Minutes November 3. 2009 Paae 2 Committee members iterated the importance of maintaining such lobbying services during challenging economic times. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 9 COW FOR DISCUSSION. D. Ordinance Amending the 2009 -10 Biennial Budget As required by the Revised Code of Washington, staff is seeking full Council approval of an ordinance amending the 2009 -10 Biennial Budget. The amendment includes many items that have been discussed and addressed throughout the year, as well as a few items that have recently been identified. The items, explained in detail in the Informational Memo included in the November 3 Finance Safety Committee agenda packet, include: Project deficits in the Finance and Legal Departments Implementation of taxes on the Utility Funds Howard Hanson Dam flood preparation expenditures Award recipient of the COPS Grant City -wide 3% budget reduction extended through 2010 Costs savings for employer PERS contributions and an insurance premium holiday Addition of 2009 -10 departmental fuel purchases Shawn Hunstock called attention to a numerical error which will be corrected in the draft ordinance forwarded to full Council. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 9 COW FOR DISCUSSION. E. Sales Tax Report As reported recently, sales tax receipts for July were below budget estimates, but the difference between estimated and actual was becoming smaller. Unfortunately, August sales receipts reported an increased difference between estimated and actually receipts. August receipts were $529,000 under budget and $437,000 less than the receipts for the same time last year. Sales receipts are down almost 25% for the year from budget estimates. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 6:01 p.m. Next meeting: Tuesday, October 20, 2009 5:00 p.m. Conference Room #3 P &L Committee Chair Approval Minutes by KAM. Reviewed by SH.