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HomeMy WebLinkAboutEC15-250 - Original - VanNess Feldman - Federal Lobbyist - 07/21/2015 k Records M �h , �£ e ethf ` KENT ._ Document yrjt.�fi � WA9H�N GTGN � S�L y.'�tErt:'W 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 Clerk's Office. Vendor Name: Van Ness Feldman Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Federal Lobbying - Levee, Transportation, Rail Policy, Human Services, Block Grants Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 7/21/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): 30 Days Number of days required notice for termination or renewal or amendment Contract Manager: Julie Pulliam Department: Economic & Community Development Contract Amount: $56,000 Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 ICE O 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"), and Van Ness Feldman, 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"). �T. DESCRIP-TL@N-OF(NARK. --- -- Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: To provide Federal Legislative Representaton to the City of Kent with emphasis on the Washington State Congressional delegation as further described in the Consulatant Work Program attached and incorportated 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, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $56,00.00, 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 SERVfCES 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. I CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) I . i VII. 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 INDEM IFICATION 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 (Aver$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. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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 ICENT;1 By: - ;`c� 1f't'`F Bic _ eC ,..� (signature) v ;-! `' (signature) Print Name: ' rt h ✓t Print Name.-Suzette Cooke Its � `l QtGA ;k Its — Mayor DATE: a I 15 DATE: :ZZ 5 f NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ben McMakin Ben Wolters, Economic & Communtiy Van Ness Feldman Development Director 1050 Thomas Jefferson St., N.W. City of Kent Washington D.C. 20007-3877 220 Fourth Avenue South Kent, WA 98032 (202) 298-1800 (telephone) (202) 338-2716 (facsimile) (253) 856-5703 (telephone) (253) 856-6454 (facsimile) APPRO EO AS/TO FO hR: r i b'a Kent Law Department [In this field,you may enter the electronic filepath where the contrad has been saved] 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, I agree to fulfill the five requirements referenced above. By: For: Title: r UFO Date: i EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADIMINISTRATIVE 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. I EEO COMPLIANCE DOCUMENTS - 2 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Work Program Van Ness Feldman(Firm) agrees to provide federal representation to the City of Kent(City), beginning on January 1, 2015 to December 31 st, 2015. V_anNess_Eeldman will_provide the City with comprehensive federal representationand 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'rFuummie-DeveiapmentDirector,, city-departmen s, ayor, and City Council to develop and implement a strategy to secure federal support for the following key federal relations priorities in 2014 and beyond: 1• Congressional and Executive Branch support for FEMA accreditation of the Green River levee system in Kent. Assist 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 to certify and accredit the levee system by the federal government. Monitor the Administration's Federal Flood Risk Management Standard initiative, 2. Funding from the Federal Surface Transportation Reauthorization(Map-21) bill and through the yearly appropriations bills for key grade separations and other significant transportation priorities for Kent. Monitor competitive grant funding opportunities for grade separations. 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 regulatory policy support for the GreenlDuwamish Rivers Ecosystem.Restoration projects and program. 5. Monitor crude by rail policy and regulatory developments of interest to the City of Kent including crude rail volumes, safety initiatives,noise abatement, and funding opportunities. 6• Federal support for local law enforcement and crime prevention, 7. human Service and Community Development block grant funding in support of growing human service needs in the Kent community. I 8. Identify federal policies, regulatory programs and grants that can support the City of Kent's strategic goals, 9. 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. *—C-oordinatc-witb- -City of Kent-visits-to V ashbsgtuiT,--D;C by City-o-fficials worlc7ng 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. i 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 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 f lec tothe-City-o£Kent--If Van.Ness-Feldman-does-not receive instrastiens as t�-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, j EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. I f Corporations: Registration Detail Page 1 of 1 VAN NESS FELDMAN,LLP U81 Number 601205853 li Category LLP ail Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation DC WA Filing Date 11/18/2009 'Expiration Date 11/30/2015 Inactive Date Duration Perpetual '.. Registered Agent Information Agent Name CORPORATION SERVICE COMPANY Address 300 DESCHUTES WAY SW STE 304 City TUMWATER State WA ZIP D8501 Special Address Information Address City State Zip it I htti)://www.sos.wa.Rov/corps/search detail.aspx?ubi-601205853 7/21/2015 REQUEST FOR MAYOR'S SIGNATURE ®IT Please Fill in All Applicable Boxes KE.A Originator: Phone (Originator): Date Sent: ,/ / Date of Council Approval: iWd Return L/ Date of Approval from Finance: �99 Signed Document to: (Only required on contracts $10,000 &over or on any Grantry. cz 1711�1 Agreements) AA`r Date Re uired: Date of A proval from Risk Mana er: Vendor Name: Budgeted: YES NO ❑ Budget Fund: roc - llq, `T 20 Brief Explanation of Document: �� �-'^ � ���i���}1� tit_ ���-�� ) ✓c�jn-���. f�I�9� Cad /o" / aitn �� >> A > All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) y,.f;, Ls (d Received: xk "' Law Department Approved as to Form: aj, e� x.k. '� r. Law Dept. Comments: n.,� r 10 Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Z."L Date Returned: N,CNI ,,n -MInl I—In gMn k 6 A eel lw PAIWI 6lptt dou I i