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HomeMy WebLinkAboutReg 2012-12-03 Item 4C - Agreement - 2013-2014 Legislative Services with Ball Janik for $75,600 Per Year CO UNCIL AGENDA SYNOPSIS ----------------------------------Initials--------------------------------- ITEMNO. Meetinga Date Prepared by Ma or'.r review Council review 12/03/12 KAM 4.C. ITEM INFORMATION STAFF SPONSOR: KIMBERLY MATEJ ORIGINALAGENDA DATE: 12/03/12 AGENDA ITEM T1TLE 2013-2014 Contract for Services with Ball Janik, LLP for federal representation and legislative services. CATEGORY ❑ Discussion ®Motion/Consent ❑ Resolution ❑ Ordinance ❑ Bid Award ❑ Public Hearing [-1 Other Mtg Dote Mtg Date 12103112 Mtg Date Mtg Date MtB Date Mtg Date Mtg Date SPONSOR ❑ Council ®Mayor ❑ HR ❑ DCD ❑ Finance ❑Fire ❑ IT ❑ P&R ❑Police ❑PW SPONSOR'S This contract includes the scope of work and specific service as outline in Exhibit A of the SUMMARY contract. The new contract is effective January 1, 2013 through.December 31, 2014. Due to the amount of the contract, Council approval is required for processing. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/20/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $151,200 - 2 year term $151,200 - 2 years $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/03/12 Informational Memorandum dated 11/13/12 (Amended after FS meeting) Draft Contract for Services Minutes from Finance&Safety Committee meeting of 11/20/12 13 14 City 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 (Amended after Finance and Safety Committee, as underlined below, by Joyce Trantina) 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. The current contract reflected a significant reduction from the previous rate as a result of 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 2013-2014 draft contract provides for a flat monthly rate of$6,000 plus expenses, not to exceed $3.600 annually (contract not to exceed $75,600 per year). This draft reflects an approximate 8% increase in fees from the 2011-2012 contract cost. 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. 15 16 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 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 mafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed Contrac e C ntractor shall perform those services described on Exhibit A attac reto a d in rporated h ein y this reference as if fully set forth. In performing such services, the ntract r sh 11 at 1 time co ly with all Federal, State, and local statutes, rules an dinance appli ble t the erfo ance f s ch services and the handling of any funds used ' tonne on th re ith. The Contracto shall r que t and obtain prior written approval from the ity if the sco e or he lei to b mo d in any ay. 2. Com ensa on and Me o of a en T C t hal a the Contractor f rvices rendered according to he rate d m th d s orth n Ex ibit attach d eret and incorporated herein by this reference. T to 1 oun t be paid 11 n exceed $6,0 er onth ($72,000 annually), plus expenses not t exc d ve p c nt o e an at etai ,60 ally). 3. Contractor Bud t. he ont ac r s 11 ply nds received under this Agreement within the maximum limits s t fo h i thi A ree ent. e Contractor shall request prior approval from the City whenever the ntr or de ires o a end its budget in any way. 4. Duration of A regime t. s Agreement shall be in full force and effect for a period commencing January 1, 2013, and ding December 31, 2014, 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 4 17 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 P 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 on 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 Lia 'lit insu anc wi a .ni c mb'n ingle limit r b ily injury and prop y damage o $ ,00 0 pe acci en uto o 'le 1 bility insura e shall cover all owne non ed, r and leas vehi les. Coverag s 1 b written on Insurance Services Office SO) for CA 0 01 a su tit to fo ovi ivalent liability coverage. If necessar the oli sh 11 e e sed t ovi con al liability coverage. 2. Commercia Ge ral Lia 'lit ins ran 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 iabil' 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. CA Revised 2012 Page 2 of 4 18 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 responsibi ' for deter 'ning the insurance coverage and limits required, if any, to be obtained by cot actors, w ' determination shall be made in accordance with reasonable and prudent siness pr ce F. Notice of Cancellation. The Contractor all rovid the ity and all A diti nal Insureds for this work with written notice of any policy c ncell ion, ithi tw usines da of their receipt of such notice. G. Failure to Maintain I urance. Fai re o th art f th Co actor to mai tai the insurance as required sh on 'tute m en' bre ch c act, po wh ch the City ay, ter giving five business ays notice th Co tra or t co ect h Brea h, ' diately termi a he contract or, at its dis et, , rocu re suc ins ran a an d P ny d all premiums in connection therewith, ith ny ums o expended be r paid to the C n d mand, or at the sole discretion of the City, ffse against n s du he tra for f e 8. Record Keepin2 nd a tin . A. The Contractor hall ntai ac oun an records, including personnel, property, financial and programmatic re ords which of ii 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 Paoe 3 of 4 - 19 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; Venue• ttorne 's es. hi gre e sh e governe by nd construed in accordance w' the s �If th St e o Wa hin t n. t e e nt any suit, bit tion, or other proceeding s instituted t en orce an ter of t is eme t, e p ies specific understand and agree that ve ue s e p ly laid in ing unty, Washi t n. he prevailing party in any such action shall be enti ed t its tt ney' fees d c sts of DATED this ay 120 CITY OF TUKWILA CONTRACTOR By: Mayor Printed Name and Title: Address: BALL JANIK,LLP Hal Hiemstra 655 15`h Street, NW - Suite 225 Washington, D.C. 20005 Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 4 20 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 e t reforms 'ch will be developed by Congress in response to t current d cr• 's,k ep City officials informed about policy proposal hich uld s ' safety n t ex enses from the federal government to local ove ent, d s are City resp nse with the Washington Congre sional d legatio ; 3) Monitor fed grant ding p rtu ties at align •th city rio 'ties, informing e city about ese pp u 'es a d th eadlines as ocia ed with in d a ist t e ty i app in r th se nd 4) Represen th Cit 's i tere is in e s the F i termodal rail in Tu a an rki g with ong essionaI me a s, th Surface Transportation Bo d a dot e agencies w• in e Admi 'stra 'o , ke p them informed about eve op nts maXN adv se to t e Cit 's rests;responses to same; 5) oni r p sib ong s 'onal 'on n a supplementaUappropriations e erge cy ill t d 1 w th t e im of the superstorm "Sandy"; this I lati uld nd p a dres ng 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 regardi 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. 21 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 Congress to pass a new Water Resources Development Act(WRDA). Ball Janik will repre th City's interest in this debate and assist the City in advancing a specific funding req seeking fu ds to strengthen the Green River levees or advance other Green- a h restorat' efforts. In response to the recent devastating impacts a ciate with icane Sa dy, it is also quite possible that Congress will consider a suppl men 1 app pria ions bill an r a ew authorization bill that could increa the abi 'ty oft A C o ngine rs a ility to fund various future flood protect' efforts. all J m wil om or those e orts cl sely nd advocate for legislative language th t would help rote t th it ro floo at could esul in the Green River V y. On matters app,r riati s nd ederal undi , Ball Janik i co inue to monitor the current Congressiona mo for m marked din , and be repa e to vance one priority funding reques of t e C y sh u d th rrent o ato um b li in the next Congress. Ball Janik would be rep ed t ad new is ver rit project is identified by the City. In the past, can didate p jec ha a in lu ed t e mmu Connections Project seeking funding for the construction o a ne dest ian brid e li ng the Tukwila Urban Center to the commuter rail station; resourc related pro cts uding the Green-Duwamish restoration project; library needs; projects assoc ted wit ommuter rail, commercial and/or housing development at Southcenter and Tuk ' . 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 22 • 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 reco ti s f initiatives and project requests for major reauthori on f legi ati , and the an al 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 offi ials n a hin on, C. develop sch dine , acc pany City ffi ials o eti gs, a d o 'de ie 'ng aterials for t ficials for thei eetin s it C ngr tonal ffici is 23 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. 24 City of Tukwila • Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes November 20, 2012—5:1 Sp.m.; Conference Room #3 PRESENT Councilmembers: De'Sean Quinn,Chair and Kate Kruller Absent: Dennis Robertson Staff: Jack Pace,Minnie Dhaliwal, David Cline,Trish Kinlow and Joyce Trantina CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:20 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract: Legal Services-Kenyon Disend, PLLC Staff is seeking Council approval to enter into contract with Kenyon Dispend, LLC for legal services to be provided during the 2013-14 biennium. General City Attorney services are provided at a flat monthly rate. Special services are subject to prior approval and are billed at the hourly rates of the contractor staff involved. These rates are attached to the proposed 2013-2014 contract. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26 FOR DISCUSSION. B. Contract: Public Defender Services-Kirshenbaum &Goss Inc.P.S. Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender services to be provided during the 2013-14 biennium. The monthly contract rate for the biennium will be $12,000 for up to 120 cases per month. Caseloads in excess of 120 will be billed at $100.00 per case. The contract amount base rates increased from the 2011- 2012 rates from $10,315.80 and $85.00, respectively. Previous contracts contained a CS1 escalator which has not been utilized since 2010. The $85.00 rate for cases over 120 has not been adjusted since 2008. A State court mandate limiting caseloads for public defenders may affect contract costs in September, 2013 and staff will be addressing this issue in the second quarter of next year. Staff will also take the necessary steps to make sure that contracts do not over-lap. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26 COW FOR DISCUSSION. C. Contract: Video Public Defense_Services- Kirschenbaum &Goss, Inc. P.S. Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public defense services to be provided during the 2012-13 biennium in the amount of$45,360. The monthly contract flat rate for the biennium will be $1,890 per month, a $90 per month increase compared to 2011-2012. This contract is coming forward for Council approval since the biennium contract rate will exceed $40,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT AGENDA. D. Contract: Leg islative Services—Ball Janik, LLC This is a renewal contract for legislative services with Ball Janik, LLP for the representation of the City of Tukwila in Washington,D.C_ and on federal issues. 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 25 Finance& Safety Committee Minutes November 20, 2012—Page 2 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. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT AGENDA. E. Department of Community Development Updates Staff provided a brief update regarding the new Shoreline Master Program, adopted in 2011. Since adoption, only two shoreline substantial development applications have come to the City. Staff also provided an update regarding the noise/parking issues related to Link Light Rail. The noise walls will be going up shortly in the Duwamish neighborhood, and work is expected to be completed by mid-2013. In addition, Sound Transit will be submitting a request for an amendment to the 2004 Parking Determination, asking the City to defer the requirement to provide additional parking until 2017. The City's concern is regarding neighborhood impacts affected by on-street parking. INFORMATION ONLY. III.MISCELLANEOUS Meeting adjourned at 6:02 p.m. Next meeting: Tuesday,December 4,2012—5:15 p.m.—Conference Room #3 Committee Chair Approval Minu e bby JCT. Reviewed by KAM. 26