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HomeMy WebLinkAbout24-187 - CFM Advocates - 2025-2026 Federal Lobbying ServicesCity of Tukwila Contract Number:24-187 Council Approval 12/9/24 • 6200 Southcenter Boulevard, Tukwila WA 98188 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. Project Designation. The Consultant is retained bythe Cityto 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 January 1, 2025, and ending December 31, 2026, unless sooner terminated underthe 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 $72,000 per calendar year at a rate of $6,000 per month without express written modification of the Agreement signed by the City. B. 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. C. 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 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 bythe City on any project otherthan 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 Page 1 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 propertywhich 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 $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 2026. CFM Advocates 2025-2026 Agreement for Federal Lobbying Services Page 2 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liabilitywith limits no less than $2,000,000 perclaim 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. If the 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 greaterthan those required bythis Contractor 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 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. 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. F. 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. G. 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 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 Page 3 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 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. CFM Advocates 2025-2026 Agreement for Federal Lobbying Services 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 address: CFM Advocates Washington State Office 1220 Main Street Vancouver, WA 98660 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 12th --- day of -------- December 2024. CITY OF TUKWILA Signed by: BM Thomas McLeod, Mayor Attest/Authenticated: ;Signed by: oun, ity Clerk Approved as to Form: Signed by: -r— ;--------------- City ttorney s Office CFM Advocates Signed by: 93€3€7�A34F�00.------------------------ David Hodges, Partner CFM Advocates 2025-2026 Agreement for Federal Lobbying Services Page 5 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 2025-2026 will primarily be focused on representing the City's interests on the following initiatives: A. Advising the City about opportunities to secure federal funding for major Transportation projects identified by the City, including but not limited to: • BNSF Intermodal Alternative Access Project; Strander Blvd Extension Project; Sidewalk improvements; and • Boeing Access Road Light Rail Station (Sound Transit project, but Sound Transit may need Federal funds). B. Monitoring federal tax proposals and entitlement reforms which are considered 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. 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. CFM Advocates 2025-2026 Agreement for Federal Lobbying Services 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 expects both the Republican controlled Senate and House of Representatives to continue supporting CDS spending in the FY26 appropriation bills. CFM Advocates encourages the City of Tukwila to identify three or four priority CDS project requests that can be submitted to your Congressional delegation by early spring of 2025 to be included in the FY26 appropriation bills. CFM also provides grant writing services as part of our retainer -based contract. Due to the time intensive nature of many of the new grant programs created under the Bipartisan Infrastructure Law, CFM provides its grant writing services to our retainer clients for an additional fee of $12,000 for drafting each grant narrative that is expected to exceed 10 pages in length. CFM will work with the City of Tukwila's leadership team to determine when this fee would be appropriate. 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. CFM Advocates will meet with City officials as requested by the City. 2. Specific Services: CFM Advocates 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 Page 7 • 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 meetingwith City officials. CFM Advocates 2025-2026 Agreement for Federal Lobbying Services 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 Page 9