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HomeMy WebLinkAbout18-170 - Summit Strategies - 2018 Lobbying ServicesCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 18-170 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Summit Strategies Government Affairs, LLC, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Federal government affairs services. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing on June 1, 2018 and ending December 31, 2018 unless sooner terminated under the provisions hereinafter specified. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $23,331 inclusive of expenses, at a rate of $3,333 per month without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible ' Si- of- o riy Ac.l..J copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in 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 Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant'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. 8. Insurance. The Consultant 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 Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant 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. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named Summit Strategies 2018 Page 2 as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant'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 Consultant's insurance and shall not be contributed or combined 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. Consultant 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. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant 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 Consultant 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 Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the Consultant shalt 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 for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any Summit Strategies 2018 Page 3 fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. Contractor, 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, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. 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. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. 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. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: Summit Strategies 2018 Page 4 City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Summit Strategies Government Affairs, LLC 440 -1St Street NW, Suite 440 Washington, D.C. 20001 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant 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. DATED this _ 5day of 0 Llr , 2018. CITY OF TUKWILA SUMMIT STRATEGIES Allan Ekberg, Mayor Hal Heimstra, Partner Attest/Authenticated: City Clerk, Christy O'Flaherty Approved as to Form: Office of the City Attorney Summit Strategies 2018 Page 5 Exhibit A Scope of Work and Specific Service Summit Strategies Government Affairs, LLC 1. Scope of Work: Summit Strategies Government Affairs, LLC 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. Summit Strategies Government Affairs, LLC 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. Summit Strategies' work on behalf of the City in 2018 will primarily be focused on representing the City's interests on the following initiatives: 1) Advising the City about opportunities to secure additional federal funding for the Strander Boulevard Extension project and/or other priority transportation projects identified by the City 2) Monitoring federal tax proposals and entitlement reforms which are considerd by Congress, keeping City officials informed about policy proposals which could shift safety net expenses from the federal government to local government, and sharing City responses with the Washington Congressional delegation. 3) Monitoring federal grant funding opportunities that align with city priorities, particularly around affordable housing, informing the City about these opportunities and the deadlines associated with them, and advising the City about applying for those funds; 4) Representing 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, keeping them informed about developments that may be adverse to the City's interests. 5) Advise the City about Congressional efforts to pass the FAA Reauthorization Act of 2018 , particularly concerning policies or initiatives that might limit commercial or residential development in the north end of Tukwila. 6) Advise the Congressional Delegation about immigration enforcement actions in the City that adversely affect city residents and local law enforcement efforts, monitor Congressional efforts at immigration reform and share information about same with the City. Summit Strategies' work will primarily be focused on the interests outlined above, but in terms of overall federal policy, Summit Strategies 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. Summit Strategies 2018 Page 6 On matters of appropriations and federal funding, Summit Strategies will continue to monitor the current Congressional moratorium on earmarked funding; should Congess reinstate Congressionally directed funding, Summit would propose a supplemental fee to this contract to prepare and advance earmark funding requests on behalf of 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. Summit Strategies will meet with City officials as requested by the City and Ms. Bianchi. 2. Specific Services: Summit Strategies will be responsible, for the following: Inform the City of key timelines for proposed responses to federal notices of funding availability that the City may want to consider Advise the City about key federal officials and contacts that the City should meet with to advance its federal goals Periodically brief 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 alt key members of the Washington congressional delegation 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 Coordinate one set of meetings in Washington, D.C. for City Officials, scheduling meetings with Congressional and administration officials and attend those meeting with City officials. Summit Strategies 2018 Page 7 Exhibit B Terms of Payment Summit Strategies will invoice the City for the work completed at the rate of $3,333 per month inclusive of expenses. Invoices will be paid within twenty (20) days of receipt. Pre -authorization for travel expenses or other extraordinary expenses that might be incurred during this representation must be authorized by the City in writing prior to presentation for reimbursement by the City. Summit Strategies 2018 Page 8