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HomeMy WebLinkAboutEC12-303 - Original - VanNess Feldman - Federal Lobbyist - 12/17/2012 _T i KENT Ww.Nt YGTOX CONSULTANT SERVICES AGREEMENT Between the City of Kent and Van Ness Feldman, a Professional Corporation THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Van Ness, a Professional Corporation, organized under the laws of the State of Washington DC, located and doing business at 1050 Thomas Jefferson Street N.W., Washington D.C., 20007-3877, (202) 298-1956 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide federal legislative representation to the City of Kent, with particular emphasis on the Washington State congressional delegation, as further described in Consultant's work program attached and incorporated as Exhibit A. s Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described In Section I beginning on January 1, 2013 and ending on December 31, 2013. I11. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed ($56,000.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. S. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, It shall notify the Consultant and reserves the option to only pay that portion of the invoice not in CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) dispute. In that event, the parties will immediately make every dT61f to le he disputed portion. Iili'. IMDE IACj€ The pofties , ,Interud, chit an Independent Contractor-Employe��atx�p WL4 be 1 atied#by'Cris Abs eirieRt eiiitl t6i Ifie Consultant has the ability to control and dW;e 0typerW*ancr ti ref As,,wediithe City being interested only in the results obtained under this Agreement. V r F r 4� ,t t t 1 f , + ,or without cause, upon prov rrrg EhC o fuer p y rty dayswritten notke at "i&reW� et forth on the signature blodd of this Ag t. After termination, the City may take ,possession of all records and data within the Con Y`s possession peitdining to this project, winch may be used by thq City w4hout restriction. the City's Use of CdnsultaWs re or data is not related to this project, it shefl be without Ngbility or legal exposure to the Cdnss nt. VI. DISCRIMINATION. In the hiring of employes for ttte per( rmi)ce of work under this Agreement or any subcontract, the Consultant, its su ntractor* dr 4ty person acting on behalf of,)the ,Consultant or subcontractor shall';riot, by reason of race, region, color, sex, age, sexual orientation, national origin, or the presenbe of arty sensory, rrienta►,.or physical disabil-Ayr discriminate against any person who is qualified and available to perfoytn the wore to which'the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy 'Declaration, Comply with City Adi*riistrattive PDAJ�y 1.2, and upon completion of the contrast work, Erie the attatf+ed C©rrgiilliaw*Staiwnent. VII. INDEMNIFICATIC0. Consultant shall d4l�end, indemnify and hold the City, its officers, officials, employees, agents and volunteers harrriiess from any and all claims, injuries, damages, losses or suits, including,all-, legal costs and iattorney fees, arising.,out of or in connection with the Consultants performance of this Agreement, except for that portion of the Injuries and damages caused by the City's negligence. - The City's inspection or acceptance of sarvV,pf CMsukant'3.-work when completed shall not be-groernds to avoid any of these,covenants of indereNficatkrn. ' Should a court of competent*Isdictl4n doe erminO ghat thFs Agreement is subject to RCW 4.24.115, then, in the event of iiabitity for damages arising out of bodily injury to persons of damages to property caused by or resulting from the concurrent n0J'igence of" Consultant and the City, its officers, officials, employees, agents and volunteers; the Consultant's liability hereunder shah be orkly to the extent of the CGnsultarWs negligence. IT IS FURTHER SPECIFIC(LLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED I)EREIN CONSTMTES THE CONSULTANT`S WAIVER OF IMMUNITY UNDER INDU„STBML U . TITLE 51 RCW, SOLELY FOkTHE PURPOSES OF THIS INDEMNIFICAT;OIy. -'HE PARTIES FURTHER ACKNOWLEDGE THAT YF#E'1' HAVE MUTUALLY NEGOTIATED THIS WAIVIER. The provisions of this section shall survive the expiration or termination of this Agreement. `. MI. tiil9t PJUSCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts desctlbed in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF 0WAARMA710N. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the Clty upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed t0 be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be,governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided however, nothing in this paragraph shall be construed to limit the City's right to Indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Mom' ion. No waiver, alteration, or modification of any of the provlslons of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior vwb# statements of any officer or other representative of the City, and such statements shall rust bfe effective or be-construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and' municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS,the parties bellow execute Uft Agreement, which shall become effective on the last date entered below. CONS" U ANT: CITY my: By: aw'lii2 By: Csr9naturey \ (signature) Print Nam e C f�Q kid Print amere Cooke Its j�✓ 1 n[i (Yn Its r DATE: I -L l a I 1 DATE:LL -7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ben McMakin Ben Wolters, Economic Development Director VanNess Feldman City of Kent 1050 Thomas Jefferson St., N.W. 220 Fourth Avenue South Washington, D.C. 20007-3877 Kent, WA 98032 (202) 298-1800 (telephone) (253) 856-5703 (telephone),- (202) 338-2716 (facsimile) (253) 856-6700(facsimile) APP VED AS F Kent Law Depa ment CONSULTANT SERVICES AGREEMENT- 4 (Over$10,000) .l DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. l� Dated this E day of I b� � , 204-L By: c (At - For: Title: �CA Date: 12 t 1 Z6- l a— EEO COMPLIANCE DOCUMENTS - 1 CTNCOFKEW ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who_ willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 f 9 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 a 1Fhb bit A Work Program Van Ness Feldman(Firm)agrees to provide federal rcpresamatton to the City of Kent(City), beginning on January 1,2013 to December 31`,2013. Van Ness Feldman will provide the City with comprehensive federal representation and will work with the Mayor,City Council and City departments to develop and implement both a short term and long range federal relations strategy in support of City projects,policies,and programs that are influenced or supported by federal policies and funding. Toward this end,Van Ness Feldman will implement the following work plan on behalf of the City of Rent: • Work with the City's Economic Development Director,city departments,Mayor,and city council on developing and implementing a strategy to secure federal funding and policy support for the fallowing key federal relations priorities in 2013 and beyond: 1. Congressional and Executive Branch support to replace,repair,certify and secure FEMA accreditationofthe Green River levee system in Kent. Continue Kent effort to adopt a reasonable interim flood zone and flood insurance program until the levee system is replaced,repaired and recertified. Support Kent initiatives,both current and future anticipated initiatives,to certify and accredit the levee system by the federal government. 2. Funding from the Federal Surface Transportation Reauthorization bill and through the yearly discretionary appropAatiors itU6 fax key gtade separations and other significant transportation priorities foX Kectt If 3. Authorization for project finding through the Water Resources Deve`lopinent Act Reauthorization(WRDA)and other potential new Federal Finding, sources for the Kent Valley Levee Project. 4. Support City efforts to continue federal funding and rggulatcrcy policy support for the Green/Duwamish Rivers Ecosystem Restoration projects and program. 3. Continued federal support for local law enforcement and crime prevention. 6. Restoring Human Service and Community Development block grant funding in support of growing human service needs in the Kent community. 7. Identify federal policies,regulatory programs and grants that can support the City ofKent's strategic goals. 8. Other federal opportunities and issues identified as a priority for the City of Kent. • Coordinate and advocate for the City of Kent's appropriations requests to the Washington Congressional delegation on behalf of levee repair,transportation,habitat restoration, and other municipal priorities identified by the City. • Manage relationships with key staff in the Washington congressional delegation. • Coordinate with the City of Kent visits to Washington,D.C.by City officials working on Kent's priority projects and other municipal interests. • Design and implement an outreach plan to bring Members of Congress and congressional staff to the City of Kent for further discussion and education on the needs and opportunities for federal support of the Kent communities' priorities. • Monitor legislative initiatives of interest to the City of Kent. • Assist City Departments with tracking,identifying,and securing grant opportunities in support of City priorities and initiatives,including human services,open space, law enforcement,environmental and energy conservation, and others. • Provide updates,strategy development and coordination via monthly conference calls with the City of Kent staff on the progress of the work,next steps,and assignment of tasks between the lobbyist and City staff in support of the ongoing work program. These monthly calls will be supplemented by meetings and e-mail reports as needed. Ben McMakin for VanNess Feldman and Ben Wolters for the City of Kent will develop the agenda for these monthly calls in consultation with the leads of the City departments involved with the federal issues to be discussed and who will participate in those calls and meetings. Funding for Public Works' grade separation and levee replacement projects will be leading issues for the monthly calls. Ben McMakin will have primary responsibility for this representation. If necessary,he may request assistance from other professionals in the firm to provide the City with the most effective,efficient,and timely representation. The City of Kent will pay the Firm a monthly retainer of$4,666.66. The retainer includes all associated costs,such as travel, printing, phone, etc, including all costs for one in person visit to Kent requiring air travel by up to two members of the Van Ness Feldman team. Additional air travel requested and required by Kent will be supplemental to the retainer and charged,without markup,as incurred.Van Ness Feldman understands that cities often work with significant budget constraints for this type of work and will work with the City on a work schedule that fits within the City's budget parameters and still accomplishes the work needed. Van Ness Feldman will include in its billing statements all charges and disbursements for expenses incurred specifically for its representation of the City of Kent. A detailed statement of amounts due for professional services and expenses will be provided to the City of Kent on a monthly basis. The contract will not exceed a total amount of$56,000.The City agrees to provide monthly payment within 45 days of receipt. i 1 1 Ile City of Kent consents to being"listed as a Firm cheat on rum promotional materials. This consent includes to pernu'tting the firm to generally describe the matters on which we have or are representing you to the extent that those matters are public knowledge. The City of Kent has the right to terminate this engagement by written notice at any time. It is further agreed that after the conclusion of this contract,Van Ness Feldman will offer to return the files to the City of Kent. If Van Ness Feldman does not receive instructions as to the disposition of these files within 60 days after said offer,it is agreed that Van Ness Feldman need not retain such files for more than three(3)years,after which it may destroy all such materials that do not have intrinsic value. The City of Kent farther agrees that Van Ness Feldman may retain a copy of materials in such Miles,at its own expense. EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. i a Cw1 ICI II I -Z- REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WN 5 N I N G T 0, Routing information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator �l Q � Phone (Originator) Date Sent Date ReCluired Return Signed Document to ( CONTRACT TERMINATION DATE: VENDOR NAME: }��; � DATE OF COUNCIL APPROVAL: I Brief Explanation of Document 4 City of Kef-11 Qttice of the 'M'1aYor All Contracts Must Be Routed Through the Law Departmie,4CSIV EE j/ f Thu Area to be C ompleled Pti the Lava'Depa�tme } C Received _ ( E Approval of Law Dept.: t ,ty 0 1-;,�rtt lr e of th ��Iayor Law Dept Comments: ENT L.A`6i DEPT Date Foi warded to Mayor f � Shaded Areas to Be Completed by A mistration Staff , 1� r Received: ti , c Illr � � nF Recommendations & Comments: Disposition: ry Date Returned: age,-)Vc `3105