HomeMy WebLinkAboutCOW 2006-01-23 Item 3G - Agreement - 2006 Federal Lobbying Services with Ball Janik N 1LA, COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER 06-009 I ORIGINAL AGENDA DATE: JANUARY 23, 2006
AGENDA ITEMTITLE Professional Services Contract, Ball Janik LLP
CATEGORY Discussion Mown Resdutzon Ordinance Bid A zutrd Pubic Hearing Other
Mtg Date 01/23/06 MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate
SPONSOR Cozinczl Mayor AdmSus DCD Finance Frye Legal P& R Pdzce PW
SPONSOR'S Proposed Contract for Services for 2006.
SUMMARY
REVIEWED BY COW Mt CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm Parks Comm. Planning Comm.
DATE: 01/17/2006
RE COMMENDATIONS:
SPONSOR/ADMIN. Review and forward to Regular Meeting for approval.
COMM TIEE Review and forward to COW
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$9,200 /month expenses 115.000
Fund Source 000.02
Comments
MTG. DATE RECORD OF COUNCIL ACTION
1/23/06
1 MTG. DATE I ATTACHMENTS
01/23/06 1 Memo from Mayor's Office to City Council (with proposed contract)
Minutes from 01/17 Finance and Safety Committee
i
City of Tukwila
6200 Southcenter Boulevard. Tukwila, Washington 98188
Steven M. Mullet, Mayor
MEMORANDUM
TO: CIty CouncIl Committee of the 'Whole
FROM: Mayor's Office
DATE: January 19,2006
SUBJECT: Contract with Ball Janik LLP
Attached for your reView IS a contract with Ball Janik LLP for professIOnal servIces in
2006 With the exceptIOn ofthe compensatIOn amount, the 2006 contract is the same as
the one entered mto in 2005. The proposed scope of work details our best guess
concernmg the issues to be covered in 2006. The proposed monthly fee represents a 4%
increase over last year's costs.
Staff would request committee reVIew of the draft contract, and that It be referred to the
Council Committee ofthe Whole for consIderation.
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us
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Contract For Services - 2006
Ball Janik, L.L.P.
ThIS agreement IS entered into by and between the CIty of TukwIla, vVashington, a
noncharter optIonal mUlllcipal code CIty hereinafter refen-ed to as "the CIty", and Ball
Janik, LLP, heremafter referred to as "the Contractor" whose pnncIpal office IS located at
1455 F Street, NW, Smte 225, vVashmgton D.C 20005
Whereas, the City has determined the need to have certam serVIces performed for ItS
citizens but does not have the statf resources or expeIiIse to perform such servIces, and
Whereas, the City desires to have the Contractor perfOllli such servIces pursuant to
certam terms and conditIOns, now, therefore,
In ConsideratIOn of the mutual benefits and condItIOns hereinafter contained, the partIes
hereto agree as follows:
Scope and Schedule of ServIces to be Performed by Contractor. The Contractor shall
perform those services described on ExhibIt A attached hereto and mcorporated herem by
this reference as if fully set forth. In performmg such servIces, the Contractor shall at all
tImes comply wIth all Federal, State, and local statues, rules and ordmances applIcable to
the performance of such serVIces and the handlmg of any funds used in connectIOn
therewith. The Contractor shall request and obtam pnor written approval from the city If
the scope or schedule is to be modified m any way
CompensatIOn and Method of Payment. The City shall pay the Contractor for services
rendered accordmg 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 nme
thousand two hundred fifty dollars ($9,200) 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 appropnateness.
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 many
way
Duratlon of Agreement. ThIs Agreement shall be in full force and effect for a period
commencing January 1, 2006 and endmg December 31, 2006 unless sooner termmated
under the provIsIons hereinafter specified.
Contract for Services - 2006
Ball Janik, L.L.P
Page 2
Independent Contractor. Contractor and City agree that Contractor IS an mdependent
contractor WIth respect to the servIces provIded pursuant to thIS Agreement. Nothmg m
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
entltled to any benefits accorded CIty employees by VIrtue of the servIces provIded under
thIS Agreement. The City shall not be responsible for wIthholdmg or otherwIse deductmg
federal mcome tax or socIal secunty or contributmg to the State Industnal Insurance
Program, or otherWIse assummg the dutIes of an employer wIth respect to the Contractor,
or any employee of the Contract?r.
Indemnification. The Contractor shall mdemmfy, defend and hold hannless the CIty its
officers, agents and employees, from and agamst any and all claims, losses, or lIability,
mcluding attorney's fees, arislllg from injury or death to persons or damage to property
occasioned by any act, omission or fmlure of the Contractor, Its officers, agents and
employees, in performmg the work required by thIS Agreement.
With respect to the performance OfthIS Agreement and as to claims against he CIty, Its
officers, agents and employees, the Contractor expressly Waives Its immumty under Title
51 of the Revised Code ofvVashington, the Industnal Insurance Act, for lllJunes to Its
employees, and agrees that the obligation to mdemnIfy, 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 resultmg 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 mdemmfy, 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 mamtain m full force throughout the
duration of the Agreement comprehensive general lIabilIty msurance with a mlllImum
coverage of $500,000.00 per occurrence/aggregate for personal injury and property
damage. Said polrcy shall name the CIty of TukwIla as an addItlonal named msured and
shall include a provision prohibitmg cancellation or reductIOn m the amount of smd
polIcy except upon thIrty (30) days pnor wntten notlce to the CIty CancellatIOn ofthe
reqUIred insurance shall automatIcally result in termmatIOn of thIS Agreement.
Certificates of coverage as required by Paragraph A above shall be delIvered to the City
wIthm fifteen (15) days of executIOn of thIS Agreement.
Contract for Services - 2006
Ball Janik, L.L.P
Page 3
Record Keeping and Reportmg The Contractor shall mamtam accounts and records,
mcludmg personnel, property, financial and programmatic records that sufficIently and
properly reflect all dIrect and indIrect costs of any nature expended and servIces m the
perfoffilance of this Agreement. These records shall be mamtamed for a penod of seven
years after terminatIOn hereof unless permIssIOn to destroy them is granted by the office
of the archivIst m 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 subJept inspection, review or audIt by law dunng the
performance of this Agreement.
TermmatIOn. The City gIVmg to the Contractor thirty days written notice of the City's
mtention to terminate the same may at any time termmate thIS Agreement. Failure to
provIde products on schedule may result in contract termmatIOn. If the Contractor's
msurance coverage is canceled for any reason, the CIty shall have the right to termmate
this Agreement.
DIscriminatIOn ProhibIted. The Contractor shall not discnminate against any employee,
applIcant for employment, or any person seekmg the servIces of the Contractor to be
provided under thIS Agreement on the basIs of race, color, relIgion, creed, sex, age,
natIOnal origin, mantal status or presence of any sensory, mental or physIcal handIcap.
Assignment and Subcontract. The Contractor shall not assIgn or subcontract any portIOn
of the services contemplated by this Agreement wIthout the wntten consent of the CIty.
EntIre Agreement. This Agreement contams the entire agreement between the partIes
hereto and no other Agreements, oral or otherwise, regardmg the subject matter of thIS
Agreement, shall be deemed to eXIst or bmd nay of the partIes hereto. EIther party may
request changes in the agreement. Proposed changes, whIch are mutually agreed upon,
shall be incorporated by wntten amendments to thIS Agreement.
Notices. NotIces to the City of Tukwlla shall be sent to the followmg address:
City Clerk
CIty ofTukwila
6200 Southcenter Blvd
TukwIla, WA 98188
Contract for ServIces - 2006
Ball Janik, L.L.P
Page 4
Notlces to the Contractor shall be sent to the followmg address:
Ball Janik, LLP
MIchelle E. GIguere
101 SW Main Street, SUIte 1100
Portland, OR 97204
Applicable Law: Venue; Attorney's Fees. This Agreement shall be governed by and
construed m accordance wIth the laws of the State ofvVashmgton. In the event any SUIt,
arbItratIOn, or the proceedmg IS mstItuted 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 m any such actIOn shall be entitled to its
attorney's fees and costs of suit.
DATED this
day of
CONTRACTOR:
CITY OF TUKWILA:
BY:
Steven M. Mullet, Mayor,
ATTEST/AUTHENTICATED:
Jane E. Cantu, CIty Clerk
APPROVED AS TO FORl\1:
OFFICE OF THE CITY ATTORNEY:
BY:
-
Exhibit A
Scope of VV ork and Specific Service
Ball Janik, LLP
1 Scope ofvVork: Ball Janik LLP wIll provIde federal representatIOn and lobbymg
servIces for the CIty ofTukwIla related to securIng federal authOrIZatIOn and
appropnation for key projects IdentIfied by the CIty. Ball Janik LLP WIll also work
wIth City officIals, CIty staff, the Washmgton CongressIOnal delegation, key
CongressIOnal CommIttees, and AdmmistratIOn officials to bUIld upon prevIous work
done by the CIty.
Key legIslatIOn to be acted oil by Congress thIS session wIll be evaluated for
opportumtles to secure specIal congressIOnal or federal agency support for Tukwila's
goals and to secure additional federal fundmg for City pnonties and projects. In
addItIOn, Ball Janik LLP wIll work wIth the City on major telecommumcatIOns
legislation Impactmg the CIty, natIOnal franchising, local control, and CIty rights of
way.
Ball Janik LLP will also provIde gUIdance and aSsIstance to the City regardmg
opportunities to secure federal fundmg for projects such as: KhckItat/Urban Center
transportatIon project; TOD and regIOnal center project; pedestrian bndge; resource-
related projects such as the Green-Duwamish restoratIOn; library needs; cIrculator bus
plans and partnershIp wIth Metro Seattle bus; commuter rail and other statIOn and
related commercIal and housing development work at Southcenter; other land
acquisitIOn, transportation enhancement, railroad crossing, and commumty or
commercial development related projects; and, other opportumtIes to assIst the CIty
regardmg the impact of major federal legIslation.
Projects and prionties can be re-evaluated m the course of the year as CongressIOnal
and CIty priorities and agendas change and new opportumtles to enhance federal
financial support for CIty projects are presented. Ball Janik LLP will consult early
wIth CIty officIals to define an agenda for actIOn and place pnoritIes on projects;
coordinate meetmgs for CIty officIals wIth Congressional and AdmimstratIOn
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 regard
to working wIth other regIOnal and State officIals on identlfied pnontles. The scope
of work may also include federal representatIOn on matters related to LINK hght rail,
Sounder, and other matters under SoundTransIt's JurisdIctIOn.
2. SpecIfic Services. Ball Janik LLP wIll be responsible, at a mImmum, for the followmg:
· Inform the CIty of key tImelmes for proposed actIOns
· Identify federal rules, pohcies, and laws that support the CIty'S goals
· IdentIfy key officIals and contacts that the City needs to make and the best tlme to
make such contacts
Exhibit A. Scope of\.Vork 2006
Ball Janik, LLP
Page 2
· Brief all appropnate congressIOnal and federal officIals
· AdvIse City of key dates m the congressional and admmIstratlve calendar that
impact its goals
· Work to maintam a strong Tukwila relatIOnshIp and mcrease support for
Tukwlla's goals wIth all key members of the Washmgton 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 legIslatlve process, attendmg and
workmg with the congressional delegatIOn and theIr CongressIOnal officIals at
heanngs, 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, draftmg
amendments and or commIttee report language and legIslatIOn
· Work wIth the City and Councilmember Haggerton, in particular, in his new role
on the InformatIOn & Technology CommunicatIOns Policy CommIttee ofNLC to
protect the City's interests In changmg telecommunication polIcy
· Attend and report on congressIOnal hearmgs of Import
· Advise City of new proposed regulations, programs, or proposed legIslatIOn of
import
· Specifically monitor, analyze, report on, and make recommendations for
mitIatlves and project requests for major reauthorization oflegIslatIOn, and the
annual appropnations bIlls
· Identify and work with the CIty on other opportunIties for federal financIal
assistance such as the Innovative TIFIA program, Homeland Security grants, the
livabilIty grant program, TCSP, reverse commute and welfare to work programs,
small systems transit fundmg, and other areas identified by the City
· Obtain appointments for City officials m WashIngton, D.C., develop schedules,
accompany City officials to meetmgs, and provide briefing matenals for CIty
officials for theIr meetings with CongressIOnal officials
· Be the City's "eyes and ears" in WashIngton
Finance and Safety Committee
January 17, 2006
Present.
Pam Carter, Chair; Jim Haggerton, Verna Griffin
Rhonda Berry, NICk OlIvas, Kevin Fuhrer, Lucy Lauterbach, Chuck Pamsh
1. Contract for Le2al Services with Kenyon Disend The committee considered the 2006
contract with the Kenyon Disend firm. The contract IS simIlar to past years' contracts, and
includes a 4% increase in fees. Rhonda said one issue Council Members have raIsed in the past
concerned having the City Attorney available at COW meetings. Although the City Attorney
attends Regular Meetings, she can attend CO\V meetings if requested to attend, though it would
help if she were notified far ahead o~time so schedules could accommodate the meeting.
Because code enforcement is becoming more proactive, more time may be needed for this issue
by the City Attorney's office. Jim H asked if the CIty Attorney gets involved with elected
officials' ethics issues. Rhonda said they cover employees, but it would depend on the
circumstances of the situation whether they could represent the City Councilor Mayor. Jim said
and others agreed Kenyon Disend has done a good job for the City and their increase is
reasonable. Committee approval: recommend contract to COW.
* 2. Contract with Ball Janik LLC The Ball Janik contract is also similar to last year's contract,
although it has a revised scope of work. Rhonda said Ball Janik's advice is for TukwIla to spread
its requests for funding more broadly than just for transportation projects. The committee thought
that was a good idea. One idea they suggested was to reach immigrants in the Tukwila
community who don't speak English with information about emergency preparedness. That
could be more of a FEMA issue, though Rhonda said she would ask about it. Committee
approval~ recommend contract to COW.
3. Contract with lVI.J. Durkan The 2006 contract for Jamie Durkan is very similar to the 2005
contract. The choice was to have a one-year contract, and to end it when the City felt it was time.
Alternatively, it could be a six-month contract wIth extensions if necessary. The committee
members agreed a one-year contract was appropriate. Besides the state legislative work Jamie
does for the City, he can also be informative about Seattle and King County issues that are being
worked on in advance of public announcements. "Vhen talking about reporting from Jamie, the
committee thought some reporting was good, but did not want it to be too detailed if not much is
happening. Full Committee approval; recommend contract to COW.
4. Fire Truck Purchases The Fire Department has two aged fire pumper trucks and an aerial
ladder truck that all need to be replaced. Sound Transit is buying the city the ladder truck, but
there are inadequate funds in the budget to buy two pumper trucks. Equipment to outfit the
trucks will also be needed, especially new mobile radIOs. Although one option would be to buy
the two trucks in 2006, there is not enough money in the 107 Fund Fire Equipment Cumulative
Reserve fund. The other optIOn would be to order them both but take delivery on one of the two
m January, 2007 so 2007 funds can be used. There are two issues with fundmg: purchasing the
two trucks when not enough funds are available, and puttmg more general fund money annually
into the Fund 107 fund so future fire trucks can be paid for. Nick recommended bUYing the