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HomeMy WebLinkAboutCOW 2024-12-09 Item 5C - Contract - 2025-2026 Federal Government Affairs Services with CFM Advocates for $72,000 AnnuallyCOUNCIL AGENDA SYNOPSIS nitiais Meeting Date Prepared by Mayor's review Council review 12/09/24 CT ITEM INFORMATION ITEM No. 5.C. Spec 2.E. STAFF SPONSOR: MARTY WINE ORIGINAL AGENDA DATE: 12/09/24 AGENDA ITEM TITLE 2025-2026 Contract with CFM Advocates for Federal Government Affairs Services CATEGORY ❑ Discussion Mt Date ® Motion Mtg Date 12/16/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY 2025-2026 Contract with CFM Advocates for Federal Government Affairs Services REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/25/2024 COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to 12/09 COW & Special Meeting Consent COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $72,000 per year AMOUNT BUDGETED $72,000 per year APPROPRIATION REQUIRED $ Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/09/24 MTG. DATE ATTACHMENTS 12/09/24 Informational Memorandum dated November 18, 2024 Draft 2025-2026 Contract for Services Minutes from 11/25/2024 Finance & Governance Committee Meeting 69 70 T0: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Mayor McLeod Finance and Governance Committee FROM: Brandon Miles Director of Strategic Initiatives & Government Affairs BY: Cheryl Thompson Executive Coordinator DATE: November 18, 2024 SUBJECT: 2025-2026 Contract for Federal Government Affairs Services ISSUE The City would like to contract with CFM Advocates for Federal Government Affairs Services for 2025-2026. BACKGROUND The City previously contracted with Summit Strategies for Federal representation and legislative services. The contract with Summit Strategies was terminated in April 2024, and the City conducted a Request for Proposals for Federal Lobbying Services which closed on October 15, 2024. DISCUSSION CFM Advocates submitted a proposal for federal lobbying services for 2025-2026. After meeting with the top two proposing firms, the City has opted to pursue an agreement with CFM Advocates. The CFM Federal Team consists of six full-time lobbyists and two administrative support staff. Each lobbyist brings a unique set of relationships and experience working with Congress and the federal government. At least one Partner will serve as the primary point person and work with other dedicated staff members to provide services to Tukwila. They specialize in representing municipal governments in the Pacific Northwest. Beginning in January CFM Advocates will visit the City of Tukwila to learn what the City hopes to accomplish in Washington, D.C. They will conduct interviews with Tukwila's elected officials and/or staff to become familiar with the City's federal priorities. CFM will monitor federal policy legislation, inform City officials of issues that may hinder or advance Tukwila goals, provide guidance and assistance regarding federal funding opportunities and identify key officials and contacts for City staff. The draft contract provides these services at a monthly flat rate of $6,000 per month, not to exceed $72,000 per year without written authorization from the City. 71 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Committee is being asked to move this contract forward to the December 9, 2024, Committee of the Whole and the December 16, 2024, consent agenda. ATTACHMENTS Draft 2025-2026 Contract for Federal Government Affairs Services https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2024/InfoMemo re 2025-2026 Contract for Federal Government Affairs Services DRAFT.docx 72 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and CFM Advocates, 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, mater , equipment and supplies. 3. Duration of Agreement; Time for Performance. Thi effect for a period commencing on January 1, 20 sooner terminated under the provisions herein 4. Payment. The Consultant shall be pai rendered under this Agreement as folio Payment for the work provided by th "B" attached hereto, provi. - .tth not exceed $72,000 per written modification o Payment as provid services render to complete The Consulta available for insp period of three (3) request. A. B. C. gre- -nt shall be in full force and nd endin: -cember 31, 2026, unless splied. or completed work and for services hall be made as provided on Exhibit l amount of payment to the Consultant shall a rate of $6,000 per month without express ed by the City. ection s all be full compensation for work performed, terials, supplies, equipment and incidentals necessary d accounts pertaining to this Agreement are to be kept representatives of the City and the state of Washington for a s after final payments. Copies shall be made available upon 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 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. CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 1 73 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 Insuran e, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been m .11y negotiated by the parties. The provisions of this section shall survive the expiratio -rmination of this Agreement. 8. Insurance. The Consultant shall procure and m insurance against claims for injuries to person dam or in connection with the performance of the w representatives, or employees. Consul agreement shall not be construed to li provided by such insurance, or otherwise at law or in equity. tion of the Agreement, to prope ty which may arise from under by the Consultant, its agents, nce of insurance as required by the f the Consultant to the coverage 's recourse to any remedy available A. Minimum Amounts an • op ' ce. Consultant shall obtain insurance of the types and with the d- bed below: 1. Auto e Liabi ns nce with a minimum combined single limit for bodily injury . .ropert Damage of $1,000,000 per accident. Automobile Liability insurance l co all owned, non -owned, hired and leased vehicles. Coverage shall be writt- 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 $2,000,000 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 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 endorsement form CG 20 26. 74 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 2 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. lithe Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Autom General Liability insurance policies are to contain or shall be primary insurance with respect to the Ci insurance pool coverage maintained by the insurance and shall not be contributed or c shall b inedyvith it. e Liability and Commercial endorsed to contain that they surance, self-insurance, or cess of the Consultant's D. Acceptability of Insurers. Insurance is to wed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultan a copy of the amendatory e additional insured end Contractor before co Consultant shall furnish endorsements, r F. G. Notice of Ca policy cancellati tie City with original certificates and ncluding but not necessarily limited to the cing the insurance requirements of the e work. Upon request by the City, the cope-s of all required insurance policies, including reement and evidence of all subcontractors' coverage. Consultant shall provide the City with written notice of any o business days of their receipt of such notice. Failure to Maintain rance. 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 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 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 3 75 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 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 th Agreement, will not discriminate on the grounds of r origin, age, veteran status, sex, sexual orientation, :- .er affiliation, the presence of any disability, or any o ' r prote federal law, in the selection and retention of ploy- o supplies. 12. Assignment. The Consultant shall not rk performed by it under this ligion, creed, color, national i. ; ty, marital status, political cte. -ss status under state or r proc rement of materials or ny of the services covered by this Agreement without the express written c. . - ► . ity. 13. Non -Waiver. Waiver by th- y of . pro on of this Agreement or any time limitation provided for in this Agreem- h. _ tute a waiver of any other provision. 14. Termination. A. The City res -s the rig o to minate this Agreement at any time by giving ten (10) days written n.. - to the .nsultant. B. In the event of the a member, partner or officer of the Consultant, or any of its supervisory person n- .ssigned 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. 76 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 4 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: Brandon Miles Director of Strategic Initiatives and Government Relations City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following addre CFM Advocates Washington State Office 1220 Main Street Vancouver, WA 98660 18. Entire Agreement; Modification. This represents the entire and integrated Agr supersedes all prior negotiati amendment or modification writing and signed by the DATED this 1 CITY OF TUKWILA Thomas McLeod, Mayor Attest/Authenticated: AndyYoun, City Clerk Approved as to Form: City Attorney's Office her with attachments or addenda, n the City and the Consultant and tions, or agreements written or oral. No t shall be of any force or effect unless it is in , 2024. CFM Advocates David Hodges, Partner CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 5 77 Exhibit A Scope of Work CFM Advocates 1. Scope of Work: CFM Advocates 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. CFM Advocates 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. CFM Advocates' work on behalf of the City in 2025-2026ill primarily be focused on representing the City's interests on the following initiativ A. Advising the City about opportunities to secure projects identified by the City, including but • BNSF Intermodal Alternative Access Proje • Strander Blvd Extension Project; • Sidewalk improvements; and • Boeing Access Road Light Stati need Federal funds). B. Monitoring feder Congress, kee net expenses responses with t ral fun limited to: for major Transportation ransit project, but Sound Transit may and entitlement reforms which are considered by rmed about policy proposals which could shift safety ral government to local government, and sharing City on Congressional delegation. C. Monitoring federal grant 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 on the applications. D. Representing the City's interests in terms of the BNSF intermodal rail yard in Tukwila, keeping them informed about developments that may be adverse to the City's interests. E. Monitoring Congressional implementation of the Infrastructure Investment and Jobs Act (IIJA) and advising the City about discretionary funding Notices of Funding Opportunity (NOFOs) associated with implementation of the IIJA. CFM will also advocate for the extension of these critical infrastructure programs in Congress. F. Monitoring and advising on Congressional efforts at immigration reform and funding to assist cities. 78 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 6 CFM Advocates' work will primarily be focused on the interests outlined above, but in terms of overall federal policy, CFM Advocates 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. On matters of appropriations, Congress reinstated Congressionally Directed Spending (CDS) (formerly called earmarks) in FY22 appropriation bills and has continued the CDS funding through the pending FY25 round. CFM Advocates xpects both the Republican controlled Senate and House of Representatives to conti supporting CDS spending in the FY26 appropriation bills. CFM Advocates encourage ity of Tukwila to identify three or four priority CDS project requests that can be sub d to Congressional delegation by early spring of 2025 to be included in the FY26 ropriation CFM also provides grant writing services as par retainer -based contract. Due to the time intensive nature of many of the - grant rams created under the Bipartisan Infrastructure Law, CFM provides its g : s es to our retainer clients for an additional fee of $12,000 for drafting ear ative that is expected to exceed 10 pages in length. CFM will work •City ukwila's leadership team to determine when this fee would be appropria Projects and prioritie •e valuated in the course of the year as Congressional and City priorities and _-nda� .an nd new opportunities to enhance federal financial support for City •'ects are ese ted. CFM Advocates will meet with City officials as requested by the Ci 2. Specific Services: CFM Ad sates 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 all key members of the Washington congressional delegation • Advise City of new regulations, programs, or proposed legislation that relate to those areas of focus outlined in the above Scope of Work CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 7 79 • 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. 80 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 8 Exhibit B Terms of Payment CFM Advocates will invoice the City for the work completed at the rate of $6,000 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. CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 9 81 82 City of Tukwila City Council Finance & Governance Committee Meeting Minutes November25, 2024 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: De'Sean Quinn, Chair; Tosh Sharp, Jovita McConnell Staff Present: I. BUSINESS AGENDA Brandon Miles, Aaron BeMiller, Nora Gierloff, Laurel Humphrey A. Structural Plan Review Services Contract Staff is seeking approval of a contract with Reid Middleton in an amount not to exceed $300,000 for continued structural plan review services through 2026. Committee Recommendation Unanimous approval. Forward to December 2, 2024 Regular Consent Agenda. B. CORT Party Rental Contract Ratification Staff is seeking approval to ratify the contract with Cort Party Rental for installation of the temporary tent at Riverton Park United Methodist Church in the final total amount of $391,019.46. The cost is anticipated to be wholly or partially reimbursed with grant funds. Committee Recommendation Unanimous approval. Forward to December 2, 2024 Regular Consent Agenda. C. Federal Lobbying Services Contract Staff is seeking approval of a contract with CFM Advocates in the amount of $6,000/month for *federal lobbying services through 2026. Committee Recommendation Unanimous approval. Forward to December 9 Committee of the Whole and Special Meeting. MISCELLANEOUS The meeting adjourned at 5:52 p.m. Committee Chair Approval 83