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HomeMy WebLinkAboutReg 2005-02-22 Item 5F - Contract - 2005 Lobbying Services with Ball Janik for $106,000 Plus Expenses fit"' H COUNCIL AGENDA SYNOPSIS 'sy 1 ITE N o. M_, y I M ir�D z 1 Piana(by 1 mat's ir.k I Carl ?Fiat: 1I t w in. r 2 1 2/14/05 RAB I y--LA 1 VSV 7/77/0S 1 ,,...4-4_,4 f Jc i 5. as �soa 1 .I I 1 ITEM INFORMATION CAS NUMBER: 05-024 IORIGINALAGENDADATE: FEBRUARY 14, 2005 AGENDA ITEN!TT= Professional Services Contract, Ball Janik LLP CATEGORY Dihassica ID Mama Raektzon Onli zvzr Bid Awnid Pu'.icHerwzwg Omer AftgD:re2/14 /05 Al g AftgDste Align-se AftgDse 'ftgDie A 1 tgDste I SPONSOR Cczaril El 'Wayor A cbnSs.6 DCD Finiax Fhe Lcout P& R Felice PW SPONSOR'S Proposed Contract for Services for 2005 has been reviewed by Finance and Safety SUMMARY Committee. REVIEWED BY COW Mtg. CA&P Coate g F&S Coate Transportation Cmte Utilities Crate Arts Comm. Park Comm. Planning Comm DATE: 2/7/05 RECOMMENDATIONS: SPO\SoR/An\iLN. Review and forward to Regular Meeting for auproval Coiair TEE Review and forward to COW j I COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $106,000 (plus expenses) Fund Source: 000.20 Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION I 02/14/05 'Discussed at COPT: made chanaes to Exhibit A as requested: forwarded I Ito 2/22 Reg. Mtg. for final action. 1 I I 1 I I MTG. DATE ATTACHMENTS 02/14/05 Memo from Mayor's Office to City Council (w/ proposed contract) I Minutes from 2/7/05 Finance and Safety Committee I 2/22/05 1 Contract with revised Exhibit A 1 I I I I I 1 I I 1 1 i Contract For Services Ball Janik, L.L.P. This agreement is entered into by and between the City ofTukwila, 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, 1\T\V, 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 perfonn such services pursuant to certain tenns 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 bv Contractor. The Contractor shall perfbnn those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In perfornllng such services, the Contractor shall at all times comply with all Federal, State, and local statues, rules and ordinances applicable to the perfonnance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior ",Titten approval trom 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 eight thousand eight hundred fifty dollars (S8,850) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed one thousand dollars (Sl,OOO) 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 ma.,imum limits set forth in this Agreement. The Contractor shall request prior approval trom the City whenever the Contractor desires to amend its budget in any way Contraci for Services Ball Janik, L.L.P. Page 2 Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2005 and ending December 31, 2005 unless sooner tenninated 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 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 indemnity, 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 perfonnance 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 indemnity, defend and hold hannless 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 indemnity, 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 ofS500,000.00 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 \vritten 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. Contracr for Ser\'ices Ball Janik, LL.P. Page 3 Record Keeping and Reporting. 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 perfonnance of this Agreement. These records shall be maintained for a period ofse\'en years after termination hereof unless permission to destroy them is granted by the office ofthe 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 subje<;t inspection, review or audit by law during the perfonnance of this Agreement. Termination. The City giving to the Contractor thirty days wTitten notice of the Citis intention to tenninate the same may at any time terminate this Agreement. Failure to provide products on schedule may result in contract tennination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to tenninate 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. Assignment 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 oftms Agreement, shall be deemed to exist or bind nay ofthe 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 Tulnvila shall be sent to the following address: City Clerk City of Tub vila 6200 Southcenter Blvd Tukwila, WA 98188 Contract for Services Ball Janik, L.L.P. Page 4 Notices to the Contractor shall be sent to the following address: Ball Janik, LLP Michelle E. Giguere 101 SWMain Street, Suite 1100 Portland, OR 97204 Applicable Law: Venue: Attome,~s Fees. This Agreement shall be governed by and construed in accordance with the laws of the State ofWasbington. In the event any suit, arbitration, or the proceeding is instituted to enforce any tenn of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Wasbington. The prevailing party in any such action shall be entitled to its attomey's fees and costs of suit. DATED this day of cmrrRACTOR: CITY OF TUKWILA: BY: Steven M. Mullet, Mayor, ATTEST/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORL\1: OFFICE OF THE CITY ATTORL"\TEY: BY: Exhibit A Scope on,Vork & Specific Services 1. Scope 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 the Washington Congressional delegation to build upon previous work done with these officials. Key legislation to be acted on by Congress this session, including reauthorization ofTEA-2l, possible authorization of a separate rail funding program, and the FY'2006 appropriations bills, will be evaluated for opportunities to secure special congressional or federal agency support for Tukwila's goals and to secure additional federal funding for City priorities and projects. Ball Janik LLP will provide guidance and assistance to the City regarding opportunities to secure federal funding for the Southcenter Parkway Extension and the KlickitatlUrban Center transportation projects. At the same time, we will work with City officials to advance projects of interest to the City such as: the TOD and regional center project; commuter rail; LINK light rail; other station and related commercial and housing development work at Southcenter; other land acquisition, transportation enhancement, railroad crossing, and community or commercial development related projects; resource related projects such as the Green-Duwamish projects; homeland security funding; and, other opportunities to assist the City regarding the impact of major federal legislation. 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 early with City officials to defme 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 regard to working with other regional and State officials on identified priorities. 2. Specific Services: Ball Janik LLP will be responsible, at a minimum, for the following: · Inform the City of key timelines for proposed actions · IdentifY federal rules, policies, and laws that support the City' 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 · Advise City of key dates in the congressional and administrative calendar that impact its goals Exhibit A - Scope of\Vork Ball Janik, L.L.P. Page 2 · Work to continue re-establishing a strong Tukwila relationship and increase support for Tubvila's goals with all key members of the Washington congressional delegation. · Prepare background papers, positionpapers, project request subcommittee foTITIS, 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 other 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 . Attend and report on congressional hearings of import · Advise City of new proposed regulations, programs, or proposed legislation of import · Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for reauthorization of TEA-2 I and related legislation, and the annual appropriations bills · Identify and work with the City on other opportunities for federal financial assistance such as the innovative TIFIA program, the livability grant program, TCSP, reverse commute and welfare to work programs, small systems transit funding, and other areas identified by the City. . obtain appointments for City officials in Washington, D.C., develop schedules, accompany City officials to meetings, and provide briefing materials for City officials for their meetings with Congressional officials . Be the City's "eyes and ears" in Washington Ball Janik Exh A - Februal)' 05 Exhibit B Tenus of Payment Ball Janik, L.L.P. will invoice the City fQr the work completed at the rate of58,850 per month, plus reasonable expanses, not to exceed 51,000, 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. .'