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HomeMy WebLinkAboutFS 2008-10-21 Item 2C - Agreement - 2009 Lobbying Services with Ball JanikCity of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor MEMORANDUM To: Finance and Safety Committee From: Mayor's Office RE: 2008 Contract with Ball Janik, LLP Date: October 16, 2008 Please see attached the proposed 2009 Contract with Ball Janik, LLP. The only change from last year is that the date has been changed from 2008 to 2009. It is recommended that this contract be forwarded to the November 10 Committee of the Whole meeting for full Council consideration, and the November 17 Regular City Council Meeting for approval. /so attachments Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us Contract For Services 2009 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: Scone 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 nine thousand two hundred dollars ($9,568) per month plus 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 January 1, 2009 and ending December 31, 200,2 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 Formatted: Bottom: 1" Deleted: 8 Deleted: 8 i Deleted: 8 Contract for Services 2009 Ball Janik, L.L.P. Page 2 i Deleted: 8 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 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 performance of this Agreement. 1 Contract for Services 2002, Ball Janik, L.L.P. Page 3 --1 Deleted: 8 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 following address: Ball Janik, LLP Michelle E. Giguere 101 SW Main Street, Suite 1100 Portland, OR 97204 Annlicable 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. DATED this day of CONTRACTOR: CITY OF TUKWILA: 1 Contract for Services 2009 Ball Janik, L.L.P. Page 4 BY: ATTEST /AUTHENTICATED: 1 Christy O'Flahertv. City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: Jim Haegerton. Mayor i Deleted: 8 I Deleted: Steven M. Mullet Deleted: Jane E. Cantu 1 1 Contract for Services 2009 Ball Janik, L.L.P. Page 5 Deleted: 8 Exhibit A Scope of Work and Specific Service Ball Janik, LLP 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 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. On matters of federal policy, Ball Janik will monitor key legislation debated by Congress and will continually evaluate such legislation for opportunities to secure congressional or federal agency support for policies which will help to advance Tukwila's goals and priorities. Ball Janik will monitor the ongoing debate over telecommunication legislation and will advocate for legislative language, which will maintain or restore local control over franchising, access to local rights of way, and related matters. In addition, Ball Janik will closely monitor final Congressional Action on the aviation program renewal legislation, and advocate for program changes and funding levels that could benefit Tukwila and city neighborhoods adversely affected by operations at SEATAC or Boeing Field. Further, Ball Janik will monitor and advocate for Tukwila on environmental, energy conservation, affordable housing, emergency responder, water policy bills, surface and rail transportation funding/policy, and other legislation which may be considered by Congress. On matters of federal funding and appropriations, Ball Janik will provide guidance and assistance to the City regarding opportunities to secure federal funding for appropriation projects that the City determines to be its highest priorities for federal funding in FY'2009. In particular, Ball Janik will provide city staff and elected leaders with advice and perspective on the chances for successfully pursuing initial or additional federal funding for projects such as: 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; Strander Blvd connection project (in conjunction with the City of Renton); resource related projects such as the Green- Duwamish restoration project; library needs; circulator bus plans and partnership with Metro Seattle bus; commuter rail, State and related commercial and housing development work at Southcenter; human resources; emergency reponder; land acquisition; transportation enhancement; railroad crossing; community or commercial development related projects; and other projects identified by the City. 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 early January, 2009 with City officials to confirm 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. The scope of work may also include federal representation on matters related to LINK light rail, Sounder, and other matters under Sound Transit's jurisdiction. I Deleted: 8 1 1 Contract for Services 2009 Ball Janik, L.L.P. Page 6 i Deleted: 8 2. Specific Services: Ball Janik LLP will be responsible, as 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 make and the best time to make such contacts Brief all appropriate congressional and federal officials about Tukwila's priorities 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 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 their 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 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 of import 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 positioning itself to make a strong SAFETEA -LU reauthorization funding request and work with City officials throughout the year to promote strong regional and state support for this anticipated funding request 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. 1 Contract for Services 2009 Ball Janik, L.L.P. Page 7 i Deleted: 8 Exhibit B Terms of Payment Ball Janik, LLP will invoice the City for the work completed at the rate of $9,568.00, plus reasonable expenses, not to exceed $I,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.