HomeMy WebLinkAboutFS 2012-11-20 Item 2D - Agreement - 2013-2014 Legislative Services with Ball JanikCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
Finance Safety Committee Members
FROM:
Kimberly Matej, Government Relations
DATE:
November 13, 2012
SUBJECT:
Renewal of Contract for Legislative Services
ISSUE
The current contract for federal representation and legislative services provided by Ball Janik,
LLP for the City is set to expire on December 31, 2012. Staff is seeking Council approval to
enter into a contract for services with Ball Janik, LLP which will be valid from January 1, 2013,
through December 31, 2014.
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 of Work and Specific Services that outlines key projects and measures that
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 flat rate. The
2011 -2012 monthly flat rate for Ball Janik was $5,833 ($70,000 annually), including expenses.
This was a 39% reduction from the 2010 monthly flat rate which was $9,568 plus expenses not
to exceed $1,000 per month. This significant reduction in contract cost was at the request of the
City and due to budgetary reductions implemented City -wide.
DISCUSSION
The contract language remains the same as the current contract with the exception of updates
made to the City's standard contract for services, which includes additional indemnification and
insurance clauses. The draft contract provides for a 2013 -2014 flat monthly rate of $6,000, plus
expenses not to exceed $3,600 annually (contract not to exceed $75,600 per year). The 2013-
2014 flat rate reflects an approximate 8% increase from the 2011 -2012 annual contract cost
which is considered to be fair and reasonable.
RECOMMENDATION
Staff recommends Committee approval of the attached draft contract and Scope of Work and
Specific Services to be forwarded to the December 3, 2012, Regular Meeting Consent Agenda
for full Council approval.
ATTACHMENTS
Draft 2013 -2014 Contract for Services with Ball Janik LLP.
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City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
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 Washington D.C. office is located at 655 15 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
hereto agree as follows:
1.
those services described on Exhibit A attac
fully set forth. In performing such services, the
State, and local statutes, rules an dinance a;
handling of any funds used conne on t re
written approval from the ity if the sco e or t
2. Compensation and P
according to 'he rate
reference. T to 1
expenses not exc c
3. Contractor Bud t.
maximum limits s t f
City whenever the r
4. Duration of Agreem�
January 1, 2013, and
hereinafter specified.
be paid
the parties
ied Ay Contra ic/�`�e Cony shall perform
reto a d in orated h� `li ein this reference as if
ntract r sh ll at 1 time co ly with all Federal,
li ble t the erfo mance f s h se
q rvices and the
ith. The Contracto shall ue t and obtain prior
le i to b mo d in any ay.
t hal a the Contractor f rvices rendered
)it attach d eret and incorporated herein by this
exceed $6,0 er onth ($72,000 annually), plus
.taiq,60 ally).
ply nds received under this Agreement within the
e Contractor shall request prior approval from the
its budget in any way.
F Agreement shall be in full force and effect for a period commencing
ng December 31, 2014, unless sooner terminated under the provisions
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 4
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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 greement, insurance
against claims for injuries to persons or damage to property which arise om or in connection
with the performance of the work hereunder by the Contr r, their age ts, representatives,
employees or subcontractors. Contractor's maintenance of ra its scop coverage and limits
as required herein shall not be construed to limit th iability th ont actor to the coverage
provided by such insurance, or otherwise limit t City' recour any re ed available at law or in
equity.
A. Minimum Scope of Insura ntract r shall btai insurance f the t es nd with the limits
described below:
1. Auto e Li a 'lit insu anc wi a ini c mb'ned ingle limit r b ily injury and
prop y damage o ,00 0 pe acci en uto o He 1 bility insura a shall cover all
ow ne no ed, .r and leas vehi les. Coverag s 11 b written on Insurance Services
Office SO) for CA 0 01 su tit to for ovi ivalent liability coverage. If
necessar the oli sh 11 a 4�sed t ovi cont al liability coverage.
2. Commercia Ge ral Lia ilit insqran'hv_wiff limits no less than $1,000,000 each occurrence,
$2,000,000 ner ggre ate nd 2,000,000 products completed operations aggregate limit.
Commercial eneral Lia ility insurance shall be written on ISO occurrence form CG 00 01
and shall cover iabi1 arising from premises, operations, independent contractors, products
completed opera ions, 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.
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CA Revised 2012
Page 2 of 4
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
coverage and limits required, if any, to be obtained
be made in accordance with reasonable and prudent I
F. Notice of Cancellation. The Contractor
work with written notice of any policy
such notice. 11
G. Failure to Maintain Ilivranc e. Fai re o�
required sh on Mute m eri bre ch c
business ays notice th Co tra or t coy
at its dis etion, rocu re suc in
therewith, ith ny ums o expended be
of the City, ffse against n s duke
8. Record
ibiK for deter ning the insurance
-o�t actors, w determination shall
the t ty and all AVdit�nal Insureds for this
Kithi usines da of their receipt of
t f th Co actor to mai ta the insurance as
pct,
P wh ch the City ay, ter giving five
,�brea h, m diately termi a he contract or,
and p ny d all premiums in connection
to the C v n d mand, or at the sole discretion
A. The Contractor hall mWntai ac oun an including personnel, property, financial and
programmatic re ords which uffi i y and properly reflect all direct and indirect costs of any
nature expended d servic performed in the performance of this Agreement and other such
records as may be eme ecessary 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 Contractor shall not discriminate against any employee, applicant
for employment, or any person seeking the services of the Contractor to be provided under this
Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
CA Revised 2012
Page 3 of 4
31
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 a ess:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sen to t add ss rov' d by e ontractor upon the
signature line below.
16. Applicable Law ttorne 's es. his gre e sha e governe by nd construed in
accordance w' the s f th St e o Wa hin t n. t e e nt any suit, rbit tion, or other
proceeding 's instituted t en orce an ter of t is em e t, e p ies specific understand and
agree that ve ue s e pr ly laid in ing unty, Washi t n. he prevailing party in any such
action shall be enti ed t its tt ney's fees d c sts of
DATED this
CITY OF TUKWILA
Mayor
Attest/Authenticated:
City Clerk
CA Revised 2012
32
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CONTRACTOR
Printed Name and Title:
Address: BALL JANIK, LLP
Hal Hiemstra
655 15 Street, NW Suite 225
Washington, D.C. 20005
Approved as to Form:
Office of the City Attorney
Page 4 of 4
Exhibit A
Scope of Work and Specific Service
Ball Janik, LLP
1. Scope of Work Ball Janik LLP will provide federal representation 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 Obama Administration.
Ball Janik's work on behalf of the City in 2013 will primarily be focused on representing the
City's interests on the following initiatives:
1) The implementation of MAP 21 and federal transportatio ndi g and
rulemakings associated with same;
2) Closely monitor federal tax proposals and e re t reforms ch will be
developed by Congress in response to t current d cr' 's, k pp
City officials
informed about policy proposal hich uld s safety n t ex enses from the
federal government to local over ent, d s are City resp nse with the
Washington Congre sional d legatio
3) Monitor fed grant ding op rtu 'ties at align 'th city rio 'ties,
informing e city about ese pp uni 'es a d th eadlines as o a ed with
m, d a ist e 'ty i app in r th se nd
4) Represen th Cit 's i tere is in er s the F i termodal rail in
Tu a an rki g with ong essional me a s, th Surface Transportation
Bo d a d of e agencies w' in t e Admi 'stra 'o k p them informed about
eve op nts ma adv se to t e Cit 's rests; responses to same;
5) oni r p sib ong s 'onal on n a supplemental /appropriations
e erge cy ill t d 1 w th t e im of the superstorm "Sandy this
I lati c uld nd p a dres Ing broader disaster aid statutes, FEMA planning
and sistance, w ter and levee issues, Water Resources and Development
Act le islation, c. and, monitor such legislation for any possible assistance
regard i ward Hanson dam, flood preparation, and other impacts;
6) 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.
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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 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, because MAP 21 is only a two year authorization, discussions about the
content and shape of the next transportation authorization bill are likely to begin next year; 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 water policy legislation, efforts will be undertaken in the 113th
new Water Resources Development Act (WRDA). Ball Janik will repro
this debate and assist the City in advancing a specific funding
strengthen the Green River levees or advance other Green
seeking
In response to the recent devastating impacts a ciate with
possible that Congress will consider a suppl men 1 app Nry ri
authorization bill that could increas- the abi 'ty of t e A 1
various future flood prc
for legislative language
Green River VAIe
On matters
would help
S�nd ederal
all J
ress to pass a
City's interest in
uds to
inane Sa dy, %ew is also quite
ons bill and r
o ngine rs a ility to fund
those e orts cl sely nd advocate
loo at could kesuA in the
Ball Janik i co inue to monitor the current
and brepa e to vance one priority
funding reques oft e Cl
Janik would be re-, ed t
past, candidate p ject ha
the construction o a ne t
Win the next Congress. Ball
is identified by the City. In the
mmu Connections Project seeking funding for
lin ing the Tukwila Urban Center to the commuter
rail station; resourc related projects Ia,�ding the Green Duwamish restoration project; library
needs; projects assoc ted wit ommuter rail, commercial and/or housing development at
Southcenter and Tuk 1 age; human resources and safety net funding issues; emergency
responder; land acquisition; community or commercial development related projects; and
emergency flood preparation.
Projects and priorities can be re- evaluated in the course of the year as Congressional and City
priorities and agendas change and new opportunities to enhance federal financial support for City
projects are presented. Ball Janik LLP will meet with City officials in late 2012 or early 2013 to
identify the City's primary federal agenda and priority appropriation request.
2. Specific Services Ball Janik LLP will be responsible, at a minimum for the following:
Inform the City of key timelines for proposed actions
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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 slation that re to to those
areas of focus outlined in the above Scope of W
Specifically monitor, analyze, report on, and in e recom ti s f initiatives and
project requests for major reauthori on f legi ati and the an al a propriations
bills
Continue to work wit a 'se the Cit ab ut st tegies ass ciated ith e BNSF
intermodal rail ya and federal olici s a cti its perat'
Obtain a men for i offi ials n a hin on, C. develop sch dule
acc pany City ffi ials o eti gs, a d o 'de ie 'ng aterials for t ficials for
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Exhibit B
Terms of Payment
Ball Janik, LLP will invoice the City for the work completed at the rate of $6,000 per month,
plus expenses (not to exceed $3,600 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.
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