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HomeMy WebLinkAboutCOW 2003-01-27 Item 4C - Contract - Lobbying Services with Ball Janik1 Meeting Date 101 -27 -03 Meeting Date 1/27/2003 COUNCIL AGENDA SYNOPSIS I Meeting Date I Prepared by I January 27, 2003 I TM I I I I I I CAS Number: 03-009 Agenda Item Title: Contract for Services; Ball Janik, L.L.P. Recommendations: Sponsor: Authorize Mayor to sign Contract Committee: Administration: Cost Impact (if known): Fund Source (if known): $102,000.00 General Fund Initials Mayor's review! Council review 1 ry ITEM INFORMATION I Original Agenda Date: January 27, 2003 RECORD OF COUNCIL ACTION Action APPENDICES Attachments Memo from Mayor's Office, Finance and Safety Committee Minutes (1/21/03) ITEM NO. Original Sponsor: Council Admin. X Timeline: Sponsor's Summary: The Mayor's Office has been in discussion with Ball Janik to renew a relationship with that firm for Washington D.C. lobbying services. A new scope of work and compensation schedule has been drafted. TO: City Council FROM: Mayor's Office RE: Contract for Services; Ball Janik, L.L.P. DATE: January 23, 2003 Attached for your consideration is a contract for lobbying services Ball Janik, L L P The Scope of Work (Exhibit A) mirrors the old contract with the exception that Ball Janik will no longer be involved in lobbying activities pertaining to Sound Transit. They will continue to provide advice and strategic planning assistance, however. The Compensation Clause is amended to reflect an $8,000 per month retainer with a monthly expenses, component not to exceed $1,000. Recommendation: Authorize Mayor to sign amendment. Finance and Safety Committee January 21, 2003 Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson Rhonda Berry, John McFarland, Alan Doerschel, Jim Morrow, Lucy Lauterbach 1. Ordinance Amending TMC 2.68 Removal of Judge Rhonda said the City wanted to add language to the TMC to make it somewhat easier to remove a judge for misconduct. The current language allows removal only for conviction of misconduct or malfeasance in office. The new language adds conviction of other criminal offenses while in office, or action by the Washington State Judicial Conduct Commission, or a finding by the city council that the judge cannot handle his/her functions in a fair, impartial or adequate manner. The Committee asked what the process was for replacing the former judge. The City is advertising with the Washington State Bar Association Newsletter and site; and the Administration of Court. The city has already received 15 applications based on word of mouth. Recommend ordinance change to COW and Council for annroval. 2. Ball Janik Consultant Agreement John said the City had asked Mark McKay to work with them on Congress since Ball Janik had declined having the City as a client. McKay reported the political environment in Washington, D.C. was improving. Hal Hiemstra had dropped by City Hall just to chat, and he'd said that although some fence mending was needed, he thought the City could re -gain the credibility it lost last year. John had gotten estimates from two other D.C. consultants, and their prices were from $5,000- $8,000 /month. Ball Janik's fee is $8,500 per month. Joe asked if they would be very supportive of the City after all that has happened, and John replied he thought they would be. Jim noted that Ball Janik had cost $102,000 last year, and that their expenses were usually added onto their monthly fees. Alan thought the City might want to cap that this year, as we have less money to pay them. Jim asked who would be working on LINK light rail; John thought it would be local work with Martin Durkan. All is not well in federal relationships with Tukwila now, but those relationships can be built up again, and Ball Janik could be a help in that. Recommend contract to COW and Council for annroval. 3. Martin Durkan Consultant Services Though Ball Janik covers the federal front, Martin Durkan is the local go -to consultant. He is well respected in both Puget Sound and Olympia. The amendment to his standard contract for services is a general statement of the work he'll do in 2003. His contract is for $4,000 /month. Although some money was budgeted for lobbying, there is not money for both Durkan and Ball- Janik; Alan will need to fmd money somewhere to do it. One issue Durkan will work on is getting the State to turn over Highway 99 to the City's control. Recommend contract to COW and Council for annroval. 4. Franchise Agreement with Seattle Citv Light The City's current franchise won't expire until 2008. Its strength is that Tukwila residents don't pay more than Seattle residents. The new franchise agreement does not include that clause, but it may be more favorable than other cities' Contract For Services 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: 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 maid shall not exceed eight thousand dollars ($8.0001 ner month nlus 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 February 1. 2003 and ending December 31. 2003 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 Contract for Services Ball Janik, L.L.P. Page 2 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 attomey'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 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 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 Contract for Services Ball Janik, L.L.P. Page 3 performance of this Agreement. 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. 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 Tukwila, WA 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 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 County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Contract for Services Ball Janik, L.L.P. Page 4 DATED this CONTRACTOR: BY: ADDRESS: ATTEST /AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: day of CITY OF TUKWILA: Steven M. Mullet, Mayor, �xHiaiT A Score of G/o,Pt' PROPOSED FEDERAL REPRESENTATION FOR THE CITY OF TUKWILA 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 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 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 re- establish and 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'2004 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 and 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 stimulus package aimed at local governments; and, other opportunities to assist the City regarding the impact of major federal legislation. Projects and priorites 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. Bali 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. Snecific Services: Ball Janik will be responsible, at a minimum, for the following: Develop a timeline and gameplan for all 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 Work to re- establish 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 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 -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. 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 Exhibit B Terms of Payment The Consultant will invoice the City for the work completed at the rate of $8000 per month, 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.