HomeMy WebLinkAboutCOW 2010-12-13 Item 3F - Agreement - 2011-2012 Lobbying Services with Ball Janik for $5,833 Per Month COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 10-148 !ORIGINAL AGENDA DATE. DECEMBER 13, 2010
AGISND,\ I'1'1. :m TITLE Agreement with Ball Janik, LLP for services outlined on Exhibit A of the Agreement
C 1'1 :G c RY Discussion Motion 1 Resolution Ordinance [J Bed Award I Public Hearing I-I Other
Mtg Date 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
Si C )NSOR Council Mayor fl IT DCD Finance n Fzre U Legal U P &R Police n PW
SP( )NSOR's This Agreement covers services as outlined on Exhibit A of the Agreement. The existing
SUMMARY Agreement expires December 31, 2010. The new Agreement is effective January 1, 2011
thru December 31, 2012. The costs have been reduced by approximately 39% from the
2010 rates. This Agreement requires Council approval prior to the Mayor's signature.
RI 11:\W/ED BY COW Mtg. CA &P Cmte F &S Cmte U Transportation Cmte
I 1 Utihties Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 12/07/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
1
COST IMPACT FUND SOURCE
EXPENDJTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$139,992 2 yr term $139,992 2 yrs $0
Fund Source
Comments
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
12/13/10
MTG. DATE ATTACHMENTS
12/13/10 Informational Memo dated November 30, 2010
Contract for Services
Minutes from the Finance and Safety Committee meeting of 12/07/10
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,.f �s City of Tukwila
'.a° Jim Haggerton, Mayor
90a INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Steve Lancaster
DATE: November 30, 2010
SUBJECT: Contract for Legislative Services, Ball Janik, LLP
ISSUE
The current contract for federal representation for the City of Tukwila provided by Ball Janik LLP
expires December 31, 2010 Attached is a proposed contract for 2011 -2012.
BACKGROUND
The City of Tukwila contracts for services including:
Monitoring federal policy legislation, informing City officials of issues that may advance or
hinder Tukwila's goals.
Providing guidance and assistance to the City regarding opportunities to secure federal
funding
Providing City staff and elected leaders with advice and perspective regarding funding
opportunities.
Identifying key officials and contacts for City staff /identifying best options for making
contacts.
DISCUSSION
Under the current and proposed contracts, these services are provided at a flat monthly rate.
The 2010 flat rate for Ball Janik is $9,568 per month plus expenses (expenses not to exceed
$1,000 per month without prior approval of the City)
The 2011 -2012 flat rate has been reduced by 39 or $5,833 per month, which is inclusive of
expenses, and resulting in an annual reduction of about $50,000.
RECOMMENDATION
It is recommended that this contract be forwarded to the December 13, 2010 Committee of the
Whole /Special Meeting for approval.
ATTACHMENTS
Draft Contract for Ball Janik LLP services, 2011 -2012
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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 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
for 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 $5833.00 per month, inclusive of expenses
($69,996 annually).
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, 2011 and ending December 31, 2012, 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
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Bali Janik Agreement
2011 -2012
Page 2
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 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 the 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 extend 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 Keening 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.
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Ball Janik Agreement
2011 -2012
Page 3
Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject to inspection, review or audit by law during the performance of this
Agreement.
Termination. The City, after giving to the Contractor thirty (30) 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
cancelled 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 any 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 following address:
Ball Janik, LLP
Michele E. Giguere
101 SW Main St., Suite 1100
Portland, OR 97204
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Ball Janik Agreement
2011 -2012
Page4
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, WA.
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this day of
CITY OF TUKWILA CONTRACTOR
By: By:
Jim Haggerton, Mayor Title:
ATTEST /AUTHENTICATED: Printed Name:
Address:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
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Exhibit A
Scope of Work and Specific Service
Ball Janik, LLP
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 City officials, City staff, the
Washington Congressional delegation, key Congressional Committees, and Administration
officials to build upon previous work done by the City and to take advantage of new programs
initiated by the Obama Administration. Reflecting the reduced size of the 2011 contract between
the City and Ball Janik, the Scope of Work for the remaining two months of 2010 and through
June 30, 2011 has been edited to primarily reflect those initiatives that will most likely lead to
federal financial assistance to the City.
Ball Janik's work on behalf of the City in 2011 will primarily be focused on representing the
City's interests on three initiatives:
1) The reauthorization of SAFETEA -LU
2) Advocating for one annual appropriation request
3) Advancing the City's interests in terms of levee funding, levee certification, and
various funding initiatives associated with Howard Hanson Dam flood control initiatives.
While Ball Janik's work will primarily be focused on the work outlined above, in terms of
overall federal policy, Ball Janik will continue to generally monitor legislation being considered
by Congress and will inform City officials about legislative proposals that will either advance or
hinder Tukwila's efforts to achieve its primary goals and priorities. Included within this general
monitoring will be possible Congressional action governing telecommunications and local
control over franchising, environmental, energy conservation, affordable housing, emergency
responders, and water policy bills.
In terms of SAFETEA -LU reauthorization, because Congress did not finalize the surface
transportation reauthorization bill in the 111 Congress, new efforts to reauthorize the bill will
need to be initiated in 2011. As such, Ball Janik will continue to assist the City in advancing its
highest priority "Priority Project" request, and will assist the City in every step of the process
associated with submitting a request. In addition, Ball Janik will closely monitor policy
recommendations being considered as part of the transportation reauthorization and will
represent the City's interests in those discussions when appropriate.
In terms of water policy legislation, efforts will be undertaken in the 112 Congress to pass a
new Water Resources Development Act (WRDA). Ball Janik will represent the City's interest in
this debate and assist the City in advancing a specific funding request seeking funds to
strengthen the Green River levees and /or permanently repair the Howard Hanson Dam.
On matters of appropriations and federal funding, Ball Janik will provide guidance and
assistance to the City regarding opportunities to secure federal funding for one appropriation
project that the City will propose for FY12 federal funding. In particular, Ball Janik will provide
City staff and elected leaders with advice and perspective on the chances for successfully
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pursuing initial or additional federal funding for one project such as: the Southcenter Transit
Center; circulator bus plans and /or partnership with Metro Seattle bus; Southcenter Parkway
extension project; Klickitat /Urban Center access transportation project; Community Connections
Project including funds to assist with the construction of a new pedestrian bridge linking the
Urban Center to the commuter rail station; resource related projects such as the Green
Duwamish restoration project; library needs; commuter rail, State and related commercial and
housing development work at Southcenter and Tukwila Village; human resources; emergency
responder; land acquisition; transportation enhancement; community or commercial development
related projects; emergency flood preparation, or another project identified by the City.
In addition, Ball Janik will continue to monitor federal grant funding opportunities (particularly
ARRA /TIGER funds) and notify the City about grant deadlines and funding opportunities that
might closely fit with the City's priorities.
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 in December, 2010, or early January, 2011
with City officials to identify the City's primary federal agenda and priority appropriation
request.
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 rule, policies, and laws that support the City's goals,
Identify key officials and contacts that the City needs to meet with and the best time to
make such contacts
Brief all appropriate congressional and federal officials about Tukwila's priorities
identified in the above Scope of Work
Advise City of key dates in the congressional and administrative calendar that impact its
goals
Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all
key members of the Washington congressional delegation
Prepare project request subcommittee forms, and review briefing materials prepared by
the City
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 their Congressional officials at hearings, mark -ups
and House /Senate conferences on legislation
When appropriate, 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
Work with the City to protect the City's interests in changing telecommunication policy
Attend and report on congressional hearings of import
Advise City of new regulations, programs, or proposed legislation that relate to those
areas of focus outlined in the above Scope of Work
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Specifically monitor, analyze, report on, and make recommendations for initiatives and
project requests for major reauthorization of legislation, and the annual appropriations
bills
Advise the City about working for transportation project funding and policy changes in
SAFETEA -LU reauthorization and work with City and other officials throughout the year
to promote strong regional and state support for the City's priorities
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
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Exhibit B
Terms of Payment
Ball Janik, LLP will invoice the City for the work completed at the rate of $5,833.00 per month,
inclusive of expenses ($69,996 annually). Invoices will be paid within twenty (20) days of
receipt.
This contract shall be in effect from January 1, 2011 to December 31, 2012.
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FINANCE AND SAFETY COMMITTEE
Meeting Minutes
December 7, 2010 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy
Staff: Shawn Hunstock, Frank Iriarte, Marty Grisham, Eric Dreyer, Mary Miotke, Steve Lancaster
and Kimberly Matej
CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Public Defense Contract with Kirshenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender
services to be provided during the 2011 -12 biennium.
The monthly contract rate for the biennium will be $10,315.80 for up to 120 cases per month. Case Loads
in excess of 120 will be charged at $85.00 per case. The contract amount remains that same as the 2010
base rate. CPI escalators are not built into this two -year contract; however, staff recognizes that a federal
mandate for public defenders may affect contract cost which will be addressed when appropriate.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
B. Video Public Defense Contract with Kirschenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public
defense services to be provided during the 2011 -12 biennium in the amount of $43,200.
The monthly contract flat rate for the biennium will be $1,800 per month. This contract is coming forward
for Council approval since the biennium contract rate will exceed $40,000. Future video arrangements
with the Regional Justice Center and SCORE Jail may affect the need to renegotiate future contract costs.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
C. 2011 Contract Renewal with Ball Janik. I,LP for Lobbying Services
This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City
of Tukwila in Washington, D.C. and on federal issues.
The most significant change to the contract is a reduction of the Scope of Work and Specific Services.
This reduction results in a $50,000 annual savings in comparison to past years and was reduced as part of
City -wide budget cuts. The Scope of Services is much more detailed and focused than past contracts.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
D. Phone Services Agreement with Integra Telecom
Staff is seeking Council approval to enter into a two -year agreement with Integra Telecom for phone
services in an amount not to exceed $125,000.
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