HomeMy WebLinkAboutEC14-012 - Original - VanNess Feldman - Federal Lobbyist - 12/30/2013 v k1f afi t
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KENON �4 � Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: Van Ness Feldman Vendor Number: JD Edwards Number
Contract Number.This is assigned by Deputy City Clerk
Description: 2014 Consultant Service Agreement
Detail:
Project Name: Annual Federal Lobbyist Agreement
Contract Effective Date: 1 1 2014 Termination Date: 12/31/2014
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Ben Wolters Department: ECD
Abstract:
S:Public\RecordsMann gem ent\Forms\ContractCover\ADCL7832 07/02
He E N T
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"), 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
the Consultant Work Program attached and incorporated as Exhibit A.
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, Consultant
shall complete the work described in Section I by December 31, 2014.
III. 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.
B. 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
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
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
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered Its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1,2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
VIZ. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's 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 any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
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, agents 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. 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.
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 City 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.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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 to 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
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. Modification. No waiver, alteration, or modification of any of the provisions 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 verbal statements of any officer or
other representative of the City, and such statements shall not be 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
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
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 below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By; .
�2 (signature) J ,-' (signature)
Print Name: �aev� Print n of Suzette Cooke
Its'ncipirAQtrjac.j �1RGo JP/{ its Mayor
(trrl d
DATE: 2.3 j-Zor3 DATE: e
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
i
CONSULTANT: CITY OF KENT:
Ben McMakin Ben Wolters, Economic & Community
Van Ness Feldman Development Director
1050 Thomas Jefferson St., N.W. City of Kent
Washington D.C. 20007-3877 220 Fourth Avenue South
(202) 298-1800 (telephone) Kent, WA 98032
(202) 338-2716 (facsimile)
(253) 856-5703 (telephone)
(253) 856-6454 (facsimile)
APPRO ED AS TP FO¢tIM:
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4
Kent Law Department
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
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,,JII ag[ree,�to fulfillthe five requirements referenced above.
By:
For: I& #P—S-s Fe- IGMah
Tiitle: Pkf✓IG i�)JP ., ha,:�9n� J)lk. [.7GY��Y� .
Date: �✓ ��
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTP2ATIVE 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
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANBCE 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.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Exhibit A
Work Prouam
Van Ness Feldman(Firm) agrees to provide federal representation to the City of Kent(City),
beginning on January 1,2014 to December 31", 2014.
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 Kent:
• 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 following key federal relations priorities in 2014 and beyond:
1. Congressional and Executive Branch support to replace, repair, certify and
secure FEMA accreditation of the 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 appropriations bills for key grade separations
and other significant transportation priorities for Kent.
3. Authorization for project funding through the Water Resources Development
Act Reauthorization (WRDA) and other potential new Federal Funding
sources for the Kent Valley Levee Project.
4. Support City efforts to continue federal funding and regulator;,policy support
for the Green/Duwamish Rivers Ecosystem Restoration projects and program.
5. Continued federal support for local law enforcement and crime prevention.
6. Restoring Hunan 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 of Kent's strategic goals.
S. 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 wi11 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.
The City of Kent consents to being listed as a Firm client on firm promotional materials.
This consent includes to permitting 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 tenxrinatc 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 Lo 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 further agrees that Van Ness Feldman may
retain a copy of materials in such files,at its own expense.
EXHIBIT B
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
d ,
KENT
Agenda Item: Consent Calendar - 7N
I
TO: City Council
DATE: December 10, 2013
SUBJECT: 2014 Federal Lobbyist Consultant Services Agreement - Authorize ,
4k
MOTION: Authorize the Mayor to sign the 2014 Consultant Services
Agreement with VanNess Feldman, Attorneys at Law, representing the City
of (tent as its federal lobbyist, is an amount not to exceed $56,000.00, ;{
subject to final terms and conditions acceptable to the City Attorney. >'
SUMMARY: Under this agreement, VanNess Feldman will provide the City of Kent y
with federal representation before Congress, with a particular emphasis on the
Washington State Congressional Delegation. This contract with VanNess Feldman,
Attorneys at Law, will not exceed $56,000.
N .
EXHIBITS: Consultant Services Agreement ;
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RECOMMENDED BY: Operations Committee
YEA: Thomas - Perry - Higgins NAY:
BUDGET IMPACTS: Yes, as provided for in the annual 2014 budget.
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REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
W A H IN GTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator /UjPhone (Originator):
Date Sent Date Required �2 f
Return Signed Document to- r ONTRACT TERMINATION DATE: Z f
VENDOR NAME: DATE OF COUNCIL APPROVAL: l�
Brief Explanation of Document:
' aft CvbC-e- � 167&l o .
1 Z► 101 13
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received: tl j'lj
RECEIVED
Approval of Law Dept
UIC�
3 0 2013
Law Dept. Comments: DEC
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KENT LAW DEPT.
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Admi i
Received-
DEC 30 3 RECEIVED
Recommendations & Comments:
CffYOFKM
CITY CLERK
Disposition: C- �k°`�Ce of the Mayor
Date Returned•
lage5870 • 3/05