HomeMy WebLinkAboutCOW 2005-02-14 Item 4H - Contract - 2005 Lobbying Services with Ball Janik for $106,000 Plus Expenses COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER 05-024 1 ORIGINAL AGENDA DATE: FEBRUARY 14, 2005
AGENDA ITEYM TITLE Professional Services Contract, Bali Janik LLP
CATEGORY Di;assuar Mdion RadvSt omits w Bid A wnnl Public Honing Other
_'.fgire2 /14/05 MgDae if %Di:e Af %foDate MrgD.a_ AI ?gDue
(SPONSOR Caaxil El kfr AdmSra DCD Frrrrrre Fihe Lega,1 P& R Pdire PW
SPONSOR'S Proposed Contract for Services for 2005 has been reviewed by Finance and Safety
SUM MARY Committee.
REVIEWED BY COW Mtg. CA&P Core F&cS Core Transponarion Cmre
Utilities Croce Acts rnmm Parks Comm. Plante Comm.
DATE: 2/7/05
RECOMMENDATIONS:
SPONSOR/Arns. Review and forward to Regular Meeting for approval
COMLMITIEE Review and forward to COW i
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$8,850 /month plus expense
Fund Source: 000.20
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
02/14/05
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MTG. DATE ATTACHMENTS I
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
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City of Tukwila
6200 Southcenter Boulevard. Tu!Gvila, Washington 98188
Steven M. Mullet, l'.1ayor
MEMORANDUM
TO: City Council
FROM: Mayor's Office
DATE: February 9,2005
SlJBJECT: Contract with Ball Janik LLP
Attached for your review is a Contract for Services with Ball Janik LLP. This contract
continues the work of Hal Hiemstra and ivlichelle Giguerre on our behalf in Washington,
D.C. The new contract amount of$8,850 per month repre-sents an increase ofS350 or 4.1
percent over the 2004 contract amount.
Irab
Phone: 206-433-1800 . City Hall Fax: 206-433.1833 . Yllwl.ci.tukwila.wa.us
DRAFT
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, NW, Suite 225, Wcashington 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 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 Perfonned bv 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 perfonnance of such services and the handling of any funds used in cormection
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 ofPavment. 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 (58,850) per month plus expenses. Expenses shall be
detailed on each monthly billing and shall not exceed one thousand dollars (51,000) 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
Contract 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 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 benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for \\ithholding 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, rrom and against any and all claims, losses, or liability,
including attorney's fees, arising rrom 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 perfonning 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 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 rrom 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 rrom the concurrent negligence of the City, its agents or
employees, this obligation to indemnifY, defend and hold hann1ess is valid and
enforceable only to the extent of the negligence ofthe 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 Tu1.'wila 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 (I 5) days of execution of this Agreement.
Contract for Services
BEll jIDIik, L.L.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
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 RC\V 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
perfonnance of this Agreement.
Termination. The City giving to the Contractor thirty days written notice of the City's
intention to tenninate the same may at any time tenninate 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 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.
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 of this
Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may
request changes in the agreement. Proposed change-s, which are mutually agreed upon,
shall be incorporated by written amendments to this Agreement.
Notices. Notices to the City ofTukwila shall be sent to the following address:
City Clerk
City ofTukwila
6200 Southcenter Blvd
Tukwila, \VA 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 SW Main Street, Suite 1100
Portland, OR 97204
Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and
construed in accordance \vith 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:
BY:
Steven M. Mullet, Mayor,
ATTEST/AUTHEl\'TICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY A TTOR.,'\,'EY:
BY:
Exhibit A
Scope onVork & 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. The scope of work does not include any federal representation
on matters related to LINK light rail at the current time but depending on changing
circumstances it may be appropriate to address LIN'K issues at a different time and can
include work related to Sounder and other matters under SoundTransit's jurisdiction. 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'2005 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 opporhmities to
secure federal funding for the Klickitat!Urban Center transportation project and also support
for projects such as: the TOD and regional center project; commuter rail and 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; the Tukwila Village and Highway 99 redevelopment projects; resource
related projects such as the Green-Duwamish projects; homeland security funding; any
economic stimulus package aimed at local governments; 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 opporhmities 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 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 objective-s; provide regular communication, progress reports,
and re<:ommendations 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
Exhibit A - Scope of Work
Sail Janik, L.L.P.
Page 2
. Advise City of key dates in the congressional and administrative calendar that impact its
goals
. Work to continue re-establishing a strong Tukwila relationship and increase support for
Tuhvila'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 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 ofTEA-2l 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 J2IJjk Exh A - Februay 05
Exhibit B
Terms of Payment
Ball Janik, L.L.P. will invoice the City for the work completed at the rate of S8,850 per
month, plus reasonable expanses, not to exceed SI,OOO, at the close of each month.
Invoices will be paid within twenty (20) days ofreceipt. All expenses shall be listed in
an itemized fonnat.
Finance and Safety
February 7,2005
4. MJ Durkan Contract for Services The contract for Martin Durkan is the same as last year's
contract, and the costs have remained constant at 54,ODO/month plus S5DO expenses. The scope
of services has changed, however. Last year Jamie was working on Sound Transit issues, and this
year he will work on TVS, in addition to general items of interest and import to the City.
~ecomrnend contract to CO\V.
5. Contract with Ball Janik. LLP Ball Janik's contract is going up 4.1%, from 58,50D/month
to 58,850/month. The scope of services is extensive, and it has been very beneficial for the City
to have Ball Jani.l(:'s services in Was)1ington, D.C. Committee members expressed their
appreciation for the firm's work. Recommend contract to COW.
6. Additional Fire Prevention Staff Tukwila's Fire Prevention Bureau currently has a fire
marshal, two lieutenant inspectors, a civilian inspector, and a secretary. Nick explained that with
Sound Transit, Westfield Mall, TVS and the JC Penney redevelopment, the sma!! department is
being overwhelmed. Nick is requesting an additional fire inspector, who would be hired from
current staff. The civilian inspector will also be reclassified to be able to do all the plan rel'iews.
One of the inspectors is due to retire in two years, so it's possible the staff could return to its
current size then if development slows. The Committee asked about the current department
strength. Nick said he would hire two laterals immediately, and a third later to replace the
individual moving into fire prevention. Of the two near-term hires, one fills the vacancy created
by an employee currently on military leave and the other will replace a firefighter who is retiring
this summer. Pam asked what the civilian inspector does now, and Nick said he perfonns
"company level inspections", some plan reviews, and some tenant in1provementlnew
construction inspections. The Committee supported the lateral hires, but asked Nick to show
the cost, where the money comes from, and where the new people would go in the organization.
Recommend to CO\V addill(!: positions to the Fire Department.
7. Above Ground Tank Variance Request Above ground tanks are aUowed in the NIIC, Ll
and CLl zones. Two requests for variances have been received: one from the King County
Transfer Station in the TVS zone and one from Lewis and Clark Theaters in the RCC on Tukwila
International Boulevard. Nick had visited both sites to evaluation both proposed locations.
Neither location is visible to residential areas. Dennis thought it would be o.k. if there were
enough screening. Committee members wanted more infonnation, including a site map of each
property, the proposed location of the tanks, TMC requirements sllch as screening, and an
assessment of security risks. Reschedule.
8. Future Committee Issues Dennis asked staff what issues they anticipated this year. Pam
suggested an information briefmg from the HazMat crew, and that there are probably programs
in the Police Department about which the committee should learn. would be of interest to
Council. Dennis said he had been talking with the City Attorney about the city's animal control
ordinance, which he is interested in strengthening. That ordinance and the City's animal control
contract with King County will be one issue. Finance policies are another issue. Kevin will build
on Alan's start on the policies, and he can add to it throughout his first fun year here. Dennis \Vas