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HomeMy WebLinkAboutCOW 2004-06-28 Item 4F - Contract - 2004 Lobbying Services with Ball JanikCOUNCIL AGENDA SYNOPSIS 0 / _~-vx ~ \'~. ......................... Initials ......................... ITEM NO. ~.i ~. -I Meeting Date Prepared by Mayor's review Cou. J3cil revi/~w ITEM INFORMATION CAS Number: 04-095 I Original Agenda Date: June 28, 2004 Agenda Item Title: Professional Services Contract Original Sponsor: Council x Admin. Timeline: Sponsor's Summary: Contract with Ball Janik is presented for Council consideration. Recommendations: Review and forward to Regular Meeting SiSonsor: Committee: Administration: Authorize Mayor to sign contract Cost Impact: Up to $9,500 per month ($8,500 retainer plus expenses up to $1,000 per month) Fund Source (if known) 000,03.513.100.41.02 - General Fund/Professional Services Misc. RECORD OF COUNCIL ACTION ...... Action ..... Meeting Date APPENDICES Meeting Date Attachments 06/28/04 Memo from Mayor dated 6/22/04 Proposed contract with cover memo to Finance & Safety Committee dated 6/09/04 Minutes from Finance & Safety Committee 6/2~/04 meeting City of Tul vila 6200 Southcenter Boulevard · Tukwila, Washington 98188 Steven M. Mullet, Mayor MEMORANDUM TO: City Council FROM: Mayor Mullet ~ SUBJECT: Ball Janik contract DATE: June 22, 2004 Attached for your review is a Professional Services Contract with Ball Janik, LLC. As you know, we have had a contract with this firm for some time to serve as the City's "eyes and ears", and to advocate on our behalf with our Congressional delegation. At the last Finance & Safety Committee meeting, questions were raised concerning what actions the firm engages in throughout the year. We are most intensely involved with Michelle Giguerre and Hal Hiemstra in the weeks leading up to legislative visits associated with the National League of Cities meeting early in the year. Once those visits have concluded and our legislative priorities are set, Ball Janik takes advantage of every opportunity to advance our concerns. You will remember that in light of the current federal funding picture the City has winnowed its congressional funding requests this year to focus on one area - the Klickitat connection. Ball Janik's support activities include: ~ ' · Attcndm~ce at a January event, along with City Administrator Rhonda Berry and Council President Jim Haggerton, sponsored by supporters of Senator Patty Murray · Monitoring Congressional developments regarding the omnibus spending bill · Consultation with Mayor and City Staffregarding Omnibus spending bill and TEA-3 project funding priorities · Consultation with various members of Congress regarding the Klickitat project · Consultation with congressional delegation regarding the Tukwila Intermodal Access TEA-21 (ITS aka signal interconnect) reauthorization request · Attend conferences on Capitol Hill with Mayor Mullet in January Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www. ci. tukwila.wa.us Ball Janik Contract June 22, 2004 Page 2 There are many day-to-day actions in support of Tukwila's funding requests that are not particularly notable but are necessary. In the future the Mayor's Office will provide at least quarterly updates on Ball Janik's activities. Major issues and accomplishments will, of course, be reported to you as they occur. I believe it is in the City's best interest to approve this contract and respectfully request your approval to do so. MEMORANDUM TO; Finance & Safety Committee FROM: Mayor's Office DATE: June 9, 2004 SUJBECT: Professional Services Contract Ball Janik, LLP Attached for your consideration is the contract with the Ball Janik finn. As you Will see, the effective date of the contract is retroactive to January 1 of this year. We have been in contract negotiations with the firm since early this year, and agreed upon a retainer of $8,500 per month, plus expenses. This figure represents a monthly increase of $500 compared to last year's contract. We believe the services provided by this finn have been very valuable to Tukwila. Staff will be present to answer any questions at the committee meeting. Contract For Services 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 staffresoumes 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: Scope 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 eight thousand dollars ($8,500) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed one thousand dollars ($1,000) per month withbut prior approvaI6ftl:/e Cif~i'-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, 2004 and ending December 31, 2004 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 Contract for Services Ball Janik, L.L.P. Page2 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 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 officem, agents and employees, in performing the work required by this Agreement. -~z-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, tiffs 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 Keeping and Reporting. The Contractor shall maintain accour~ts 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 tiffs 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 amhivist in accordance with RCW Chapter 4014 and by the City. Contract for Services Ball Janik, L.L.P, Page 3 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. Termination. The City g~ving 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 schedulc 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. 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 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. Tuk,~ila, WA 9~188 ~ ........ 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 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 Contract for Services Ball Janik, L.L.P. Page 4 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/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: Exhibit A · Scope of Work & 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 cimumstances it may be appropriate to address LINK 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 of TEA-21, 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 opportunities 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 priorit'.tes and age~das change and new opportunities 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 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 Exhibit A - Scope of Work Ball 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 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 approptSate, 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-21 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. · obta'm 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 - June04.doc Exhibit B · Terms of Payment Ball Janik, L.LP. will invoice the City for the work completed at the rate of $8,500 per month, plus reasonable expanses, 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. Finance and Safety Committee June 21,2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Mike Villa, Alan Doerschel, Keith Haines, Shelley Kerslake, Lucy Lauterbach 1. Janik Alan said this is contract just like the 2003 contract. It covers Ball Contrac, t a January-December, 2004. Ball Janik has done work between January, 2004 and now without a contract. Their work was cut back after the Sound Transit MOU rejection in 2003 made relations with our federal legislators very sensitive. This year those same relations have improved, as was evident in the NLC meetings in March. Ball Janik has spent $8,500/month since January, for a total cost of $51,000 though June. The contract calls for compensating the firm $8.500/month. Dave said he was unhappy about the City being billed retroactively to the first of the year. HE and the other members asked what work Ball Janik has done besides prepping the Council members who visited Washington, D.C. Alan said they are working on getting federal funds for projects like Klickitat and TIB grants. They were successful in getting funds for the traffic signal interconnect project. Their invoices list the work they have done each month, and the Committee expressed interest in perhaps getting a copy of that or some other report from the administration about what they're doing. The Committee members said the only time they hear about Ball Janik is when they've gone to D.C. Other, vise, they don't know anything about what they do. Alan said administration would try to inform the Council about their work more regularly in the future. Recommend contract to COW and Regular Meeting for approval. 2. Martin Durkan Contract Jamie has had a six month contract with the City which expires in June. The Mayor has tasked Jamie with trying to get state funding for transportation and TUC projects. The Mayor will watch carefully to ensure the City gets our money's worth at the State level. In the first six months of the year he was working on Sound Transit routing through Tukwila. His six-month contract will cost $24,000, with no more than $500/month being spent without prior authorization each month. The Committee asked Alan if these two contracts were budgeted. He said he had-$1r50;000 total for both contracts, which will-be close to enough. -- Recommend contract to COW and Regular Meeting. 3. Financial Update Alan said sales tax receipts were down, but utility tax receipts and real estate tax rebates were up, so we were up slightly for the year. The real estate tax is not explained at the State level, though Alan theorized it was last year's sale of the Mall. Dennis talked about the strain on City fmances from working on the TVS annexation agreement costing up to $500,000 per year. Alan said he thought the annexation would bring the City money in the long term, though it will cost the City in the short term. Alan estimated a $10 m. bond would cost $700,000 per year in debt service. The TVS, Westfield Mall, and even Tukwila Village could bring in City revenues in the long term, but will cost some development funds before they can be successful. Alan said the larger financial presentation will be in July, when he'll know more about things like Initiative 864. The large project expenditures are not shown in the current six year plan, and won't be shown until we start paying for them. The Council will need to give direction about which projects to fund. Alan said the City needs a back up plan for a