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HomeMy WebLinkAboutReg 2014-10-20 Item 4E - Agreement - 2015-2016 Lobbying Services with Ball Janik for $80,000 per YearCOUNCIL AGF;NDA SYNOPSIS MeefingDate Prepared by Muyorr review Counci/ review 10/20/14 RB Z Motion .A1 t, Date 10/20/14 _Resolulion Altg Dale E Ordinance A/4g Date E Bid Award AN Date T Public Hearing A/ Itg Date E Other AN Date Si ( )NSt )R Council HR DCD — Finance Fire 17 E P&R Police 1 Mr/ Mayor SP( )Ns( )t's This Agreement covers services as outlined on Exhibit A of the Agreement. The existing Summ,\Ry Agreement expires Decembe 31, 2014. The new Agreement is effective January 1, 2015 through December 31, 2016. The costs of the Agreement have increased by 6.5%. This Agreement requires Council approval prior to the Mayor's signature. Ri.:vil:wii) BY COW Mtg. F CA&P Cmte Utilities Cmte E Arts Comm. DATE: 10/07/14 11 F&S Cmte E Transportation Cmte Comm. E Planning Comm. CHAIR: SEAL E Parks COMMIITEE ITEM INFORMATION ITEM No. 4.E. 21 STAFF SPONS( )R: DAVID CLINE ORIGINAL AGINDA DATE: 10/20/14 AckNDA Iii1'nii E Agreement with Ball Janik, LLP for services outlined on Exhibit A of the Agreement (,VII(;( )tY Diotssion Altg .Date Z Motion .A1 t, Date 10/20/14 _Resolulion Altg Dale E Ordinance A/4g Date E Bid Award AN Date T Public Hearing A/ Itg Date E Other AN Date Si ( )NSt )R Council HR DCD — Finance Fire 17 E P&R Police 1 Mr/ Mayor SP( )Ns( )t's This Agreement covers services as outlined on Exhibit A of the Agreement. The existing Summ,\Ry Agreement expires Decembe 31, 2014. The new Agreement is effective January 1, 2015 through December 31, 2016. The costs of the Agreement have increased by 6.5%. This Agreement requires Council approval prior to the Mayor's signature. Ri.:vil:wii) BY COW Mtg. F CA&P Cmte Utilities Cmte E Arts Comm. DATE: 10/07/14 11 F&S Cmte E Transportation Cmte Comm. E Planning Comm. CHAIR: SEAL E Parks COMMIITEE RECOMMENDATIONS: sPoNsoR/ADNIN. CtmiNirrill Mayor's Office COST IMPACT / FUND SOURCE ExpkNurruRk RFiQuiRED AMOUNT BUDGETED APPROPRIATION REQUIRED $80,000 $80,000 $0 Fund Source: 000.03.513.100.41.02 Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/20/14 Informational Memorandum dated 9/24/14 Contract for Services Minutes from the Finance and Safety Committee of 10/07/14 21 22 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U���������U� on�n »��n`�n�n��n n*"�n����~ n�n�~n�n»��n���n�����nmn TO: Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator DATE: September 24, 2014 SUBJECT: Bali Janik LLP Contract for Services ISSUE The current contract for federal representation and legislative services provided by Ball Janik, LLP for the City io set to expire on December 31.2O14. Staff is seeking Councii approval to enter into a contract for services with Ball Janik, LLP which will be valid from January 1, 2015. through December 31, 2016. BACKGROUND The City has contracted with Ball Janik for federal representation and legislative services for a number of years. For each contract period, the City and Ball Janik have worked together to formulate a Scope Vf Work and Specific Services that outlines key projects andrneonureathat may be worked on during the contract duration. In general, those services include: monitoring federal policy legislation; informing City officials of issues that may advance or hinder Tukwila 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; and identifying key officials and contacts for City Staff. As with the current contract, the draft contract provides these services at a monthly fiat rate. The 2013-2014 monthly flat rate for Bali Janik was $6,000 and annual expenses of $3,600, not to exceed $75,600 per year. DISCUSSION The contract language remains the same as the current contract. The draft contract provides for a2O15-2O18 flat monthly rate cf $6.375. plus expenses not to exceed $3.5OO annually (contract not to exceed $80,000 per year). The 2015-2016 flat rate reflects an approximate 6.5% increase from the 2013-2014 annual contract cost which is considered to be fair and reasonable. RECOMMENDATION Staff recommends Committee approval of the attached draft contract to be forwarded to the October 20. 2014. Regular Meeting Consent Agenda for full Council approval. ATTACHMENTS. Draft 2015-2016 Contract for Services with Ball Janik LLP 24 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter 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 655 15th 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 manpower 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: 1. 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 statutes, 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. 2. 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 $80,000 at a rate of $6,375 per month and expenses not to exceed $3,500. 3. 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. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. 5. 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 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. CA Revised 2012 Page 1 of 8 25 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such CA Revised 1 -2013 Page 2 of 8 26 coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. 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 immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, CA Revised 1 -2013 Page 3 of 8 27 veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. 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. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. 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 other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that 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 , 20 CITY OF TUKWILA CONTRACTOR Mayor, Jim Haggerton ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised 1 -2013 Page 4 of 8 28 Exhibit A Scope of Work and Specific Service Ball Janik, LLP 1. Scope of Work: Ball Janik LLP will provide federal representation, strategic advice, and lobbying services for the City of Tukwila related to securing federal authorization and funding for key projects identified by the City and /or advising the City about matters associated with implementation of federal statutes, rules or regulations that could adversely affect the City's ability to deliver services to its residents. 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 current Administration. Ball Janik's work on behalf of the City in 2015 will primarily be focused on representing the City's interests on the following initiatives: 1) The implementation of MAP 21 and federal transportation funding and rulemakings associated with same; reauthorization of MAP21 and identification of opportunities to advance key City infrastructure projects; and monitoring of other transportation proposals that will advance the City's interests and provide additional dedicated federal funding for local communities. 2) Closely monitor federal tax proposals and entitlement reforms which will be developed by Congress, keeping City officials informed about policy proposals which could shift safety net expenses from the federal government to local government, and share City responses with the Washington Congressional delegation; and, also providing timely information and assistance related to Congressional action on internet sales tax issues. 3) Monitor federal grant funding opportunities that align with city priorities, informing the City about these opportunities and the deadlines associated with them, and assist the City in applying for those funds; review draft funding requests (such as future TIGER requests) prepared by the City or its consultants and provide timely feedback prior to final submittal of the funding request. 4) Represent the City's interests in terms of the BNSF intermodal rail yard in Tukwila and working with Congressional members, the Surface Transportation Board and other agencies within the Administration, keep them informed about developments that may be adverse to the City's interests; responses to same; and, work with the City and BNSF officials as the alternative access study and other studies on the railyard proceed. 5) Advise the City and represent its interests in terms of possible relocation of the UP rail line in the City of Tukwila, and coordinate Congressional outreach on same. 6) Monitor the implementation of WRRDA and rulemakings and official guidance on the new water infrastructure act, including FEMA, planning and assistance, waterway and levee issues, flood plain issues — particularly as it relates to potential development in Tukwila, Green River issues, and anything related to the Howard Hanson dam, flood preparation, CA Revised 1 -2013 Page 5 of 8 29 and other impacts; advise to the City during the possible 2015 Congressional debate over the next WRRDA authorization. 7) Advise the City about Congressional reauthorization of the FAA Modernization and Reform Act of 2012, particularly concerning policies that might limit commercial or residential development in the north end of Tukwila. 8) Continue work with the City to advance public safety through regional and federal cooperation with multiple law enforcement and partner organizations, particularly related to the LINK station in Tukwila, developments along TIB, new investments in Tukwila Village, and possible new issues that might arise once the new commuter rail station is permanent. 9) Advocate for one annual appropriation request should Congress lift its current moratorium on earmarking. Ball Janik's work will primarily be focused on the interests outlined above, but 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, water policy bills, and general authorizations that would affect the work of the U.S. Army Corps of Engineers, the Environmental Protection Agency, FEMA or the U.S. Department of Homeland Security. In terms of policy issues associated with MAP 21 implementation, rules and regulations implementing policy changes that were included in the new law are now being developed and finalized by USDOT. As such, Ball Janik will continue to monitor proposed USDOT guidance and rulemakings associated with the implementation of MAP 21 and keep City officials informed about proposals which will affect the City's ability to advance or fund its overall transportation priorities. In addition, the recent extension of MAP 21 to May of 2015, discussions about the content and shape of the next transportation authorization bill are likely to begin in early January, 2015; Ball Janik will monitor those discussions, keep City officials informed about their content, and when appropriate, advocate with members of the Washington Congressional delegation for policy positions which will benefit the City. In terms of implementation of, and guidance on, the new WRRDA Act, Ball Janik will represent the City's interest to assist the City in ensuring flood plain, levee certification, Green - Duwamish restoration efforts, and other matters are covered by the City in working with its Congressional delegation and federal agencies. On matters of appropriations and federal funding, Ball Janik will continue to monitor the current Congressional moratorium on earmarked funding, and be prepared to advance one priority funding request of the City should the current moratorium be lifted in the next Congress. Ball Janik would be prepared to advance whichever priority project is 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 CA Revised 1 -2013 Page 6 of 8 30 presented. Ball Janik LLP will meet with City officials as requested by the City and Ms. Bianchi. Preliminary planning meetings for calendar year 2015 should occur late Fall and December, 2014, with priorities and goals finalized in January, 2015. 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 If appropriate (as a result of a lifting of the current earmark moratorium), prepare project funding requests, 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 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 Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for major reauthorization of legislation, and the annual appropriations bills Continue to work with and advise the City about strategies associated with the BNSF intermodal rail yard and federal policies affecting its operation 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 CA Revised 1 -2013 Page 7 of 8 31 Exhibit B Terms of Payment Ball Janik, LLP will invoice the City for the work completed at the rate of $6,375 per month, plus expenses (not to exceed $3,500 annually). Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format and all travel expenses will be pre- authorized by the City. CA Revised 1 -2013 Page 8 of 8 32 AtiO x-~^��� '��,'1L ^7 v^^i° ��T � �4��%{Jt�a Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes October 7,2014-5:30p.nn.'Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie, Kathy Hougardy Staff: David Cline, Joyce Trantina, Cheryl Thompson, Evie Boykan, Vicky Carlsen, Tracy Gallaway, Laurel Humphrey Guests: Martin Turney, Tukwila School District; Nathan Phillips, YMCA; CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. U. BUSINESS AGENDA Consensus existed to consider the interlocal agreement for afterschool programming as the first item of business. A. |ntedoca| Agreement: Afterschon|Programming Staff is seeking Council approval to enter into an interlocal agreement with the Tukwila School District that will clarify roles and responsibilities in the delivery of afterschool programming at the three elementary schools from September 2014 — June 2016. Programming will be offered in an integrated service model representing a collaboration between the Parks and Recreation Department and the YMCA, with in-kind services such as transportation and facilities provided by the District. This model will serve up to 85 students at each school five days per week. The City's ongoing annual commitment of $100'000 toward afterschool programming will be redirected to the School District starting in 2015. The additional costs to the Parks Department will be reimbursed by the School District, and this agreement represents no net financial impact to the City. Programming provided by Community Schools Collaboration at the middle and high school will continue through the end of 2014, and CSC is seeking grant funding to continue. Council will receive an annual update from CSC this fall. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 13' 2014 COMMITTEE OF THE WHOLE. Contract: Legislative Services — Ball Janik, LLC Staff is seeking Council approval to enter into a contract for federal representation and legislative services with Bali Janik, LLPthrough December 31, 2016. This represents a renewal of existing services at a monthly flat rate of $6,375 plus expenses, with the contract not to exceed $80.000 per year. This is approximately a 6.5% increase from the previous contract. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA. C. Resolution: Cancelling Past Due Accounts Receivable Staff is seeking Council approval of the annual resolution that would declare the cancellation of uncoUentib|e accounts receivable. The total for this year includes false alarm fees equaling $200.00. miscellaneous billings equaling $55.951.12. and NSF checks equaling $109.50 for a total of $36.240.82. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA.