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HomeMy WebLinkAboutEC17-214 - Original - VanNess Feldman - Federal Lobbyist - 05/11/2017 Records M ,, ,// od 0 All M rr rr T �� i�,/1�ay m n �..,., CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission, to the City Clerk's Office. All portions are to be completed.. If you have questions, please contact the City Clerk's Office at 253-855-5725. Vendor dame: Van Ness Feldman, LLP Vendor Number: JD Edwards Number Contract Dumber: S I� - )" This is assigned by City Clerk's Office Project Name: Federal Lobbying Description: ❑ Interlocal Agreement ❑ Change order ❑ Amendment 0 Contract ❑ Other: Contract Effective Date: 5/4/17 Termination Date: 12/"31/2017 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Julie Pulliam Department: ECD Contract Amount: .56000.00 Approval Authority: ❑ Director ® Mayor ❑ City Council Meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): RECEIVF • KENT ,�p)� CONSULTANT SERVICES AGREEMEN�IAY 04 � between the City of Kent and ECIONOMIC AND COMMUNITY DEVELOPMENT Van Ness Feldman, LLP THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Van Ness Feldman, LLP organized under the laws of the District of Columbia, 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 of the City of Kent with an emphasis on the Washington State Congressional delegation, as further described in the Consultant's 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 began under this contract on January 1, 2017, and will continue through December 31, 2017. All acts consistent with the terms and conditions of this Agreement are ratified and affirmed. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty-Six Thousand and 00/100 Dollars ($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 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. C. Although this contract is being signed after the first day of work from the consultant, the City will pay the January, February, March, and April 2017 invoices under this contract. CONSULTANT SERVICES AGREEMENT- 1 (Over$20,000) 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. 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 sults, 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 duty to defend, indemnify, and hold the City CONSULTANT SERVICES AGREEMENT- 2 (Over$20,000) harmless, and Consultant's liability accruing from that obligation 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 CONSULTANTS 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. CONSULTANT SERVICES AGREEMENT- 3 (Over$20,000) 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. CONSULTANT SERVICES AGREEMENT- 4 (Over$20,000) IN WITNESS, the parties below execute this Agreement, whiich shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed' to have applied. Fy: LTANT: CITY OF KENT: By: (signature) (signature) Print Name: Ben McMakin riot a e: Suzette Cooke Its: Principal Tts' Mayor Date: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT, CITY OF KENT: Ben McMakin Ben Wolters, Econ, De'v, Director Van Ness Feldman, LL.P City of Kent 1050 Thomas Jefferson Street N. W. 220 Fourth Avenue South Washington D.C., 20007-3877 Kent, WA 98032 (202) 298-1800 (telephone) (202) 338-2716 (facsimile) (253) 856-5703 (telephone) (253) 856-6454 (facsimile) ApPRC1 D ,T Q FORM:: ,11 -z 7- K nt La 4epartment CONSULTANT SERVICES AGREEMENT- S (Over$20,000) 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: Van Nee t5 -Ftw men, L L P Title: G%�c"�t Date: L 7.Li EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT 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 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 Van NHS v+ti�n 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 j / t J l'�" (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: Van Ne 3 �r�lc rnavl� L.L.P Title: Pyr it C�Wk Date: L4 ! z.ti j l�- EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Work Program Van Ness Feldman, LLP (hereinafter the "Consultant") agrees to provide federal representation to the City of Kent (hereinafter the "City"), beginning on January 1, 2017 to December 31". 2017. Consultant will provide 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, Consultant will implement the following work plan on behalf of City: • Work with the City's Economic Development Director, city departments, Mayor, and City Council to develop and implement a strategy to secure federal support for the following key federal relations priorities in 2017 and beyond: 1. Congressional and Executive Branch support for Federal Emergency Management Agency ("FEMA") accreditation of the Green River levee system in Kent. Assist City effort to adopt a reasonable interim flood zone and flood insurance program until the levee system is replaced, repaired and recertified. Support City initiatives to certify and accredit the levee system by the federal government. Monitor the Administration's Federal Flood Risk Management Standard initiative. 2. Ongoing efforts to identify funding opportunities from the recently adopted five year highway legislation, the annual appropriations process, and infrastructure investment initiatives proposed by the administration. The Fixing America's Surface Transportation or FAST Act will likely generate additional competitive grant opportunities for railroad/roadway safety improvements, grade separations,rail,transit and other transportation projects. 3. Authorization for project funding through the 2016 Water Resources Reform Development Act Reauthorization ("WRRDA") and other potential new Federal Funding sources for the Kent Valley Levee Projects. 4. Support City efforts to continue federal funding and regulatory policy support for the Green/DuNvamish Rivers' Ecosystem Restoration projects and program. 5. Monitor crude by rail policy and regulatory developments of interest to City 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. 8. Identify federal policies, regulatory programs. and grants that can support City's strategic goals. 9. Other federal opportunities and issues identified as a priority for City. • Coordinate and advocate for City's appropriations requests to the Washington Congressional delegation on behalf of levee repair,transportation, habitat restoration, and other municipal priorities identified by City. • Manage relationships with key staff in the Washington congressional delegation. • Coordinate with 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 City for further discussion and education on the needs and opportunities for federal support of City communities' priorities. • Monitor legislative initiatives of interest to City. • 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, railroad safety and railroad Quiet Zones. • Provide updates, strategy development, and coordination via periodic conference calls with City 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 conference calls will be supplemented by meetings and e-mail reports as needed. Ben McMakin for Consultant and Ben Wolters for City will develop the agenda for these conference calls in consultation with the leads of City departments involved with the federal issues to be discussed and who will participate in those calls and meetings. Funding for Public Works' railroad Quiet Zone, safety improvements, grade separation, and levee replacement projects will be leading issues for the conference calls. Ben McMakin will have primary responsibility for this representation. If necessary, he may request assistance from other professionals in Consultant to provide City with the most effective, efficient, and timely representation. City will pay Consultant a monthly retainer of Four Thousand Six Hundred Sixty-Six and 66/100 Dollars($4,666.66). The retainer includes all associated costs, such as travel,printing, phone, etc, to include all costs for one in-person visit to City requiring air travel by up to two members of the Consultant's team. Additional air travel requested and required by City will be supplemental to the retainer and charged.without markup. as incurred. Consultant understands that cities often work with significant budget constraints for this type of work and will work with City on a work schedule that fits within City's budget parameters and still accomplishes the work needed. Consultant will include in its billing statements all charges and disbursements for expenses incurred specifically for its representation of City. A detailed statement of amounts due for professional services and expenses will be provided to City on a monthly basis. The contract will not exceed a total amount of Fifty-Six Thousand and 00/100 Dollars($56,000). City agrees to provide monthly payment within 45 days of receipt. City consents to being listed as a Consultant client on Consultant promotional materials. This consent includes permitting Consultant to generally describe the matters on which we have or are representing you to the extent that those matters are public knowledge. City has the right to terminate this engagement by written notice at any time. It is further agreed that after the conclusion of this contract, Consultant will offer to return the files to City. If Consultant does not receive instructions as to the disposition of these files within 60 days after said offer, it is agreed that Consultant 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. City further agrees that Consultant may retain a copy of materials in such files.at its own expense. EXHIBIT B INSURANCE-REQUIREMENTS No Insurance is required for this Contract. REQUEST" FOR MAYORIS SIGNATURE CK EN T" Please Full .in All Applicable Boxes Cori inator:, Tana Kasen Phone (Orig nator) 2 - 55- 456 Date 'senit: 5/ /17 Date of Council Approval,:royal: N/A, Return signed hate of approval f orn Finance; Document to: Julie Pulliam (Only required can contracts$10,000'&over or on any Grant Agreements) Late lie `uil�ed,, 0 /10/17 date of A rdv',al from !Risk" Manager: er: Vendor Name; Van lees Feldman:, 'LLP Budgeted: YES ,E NO 'D Budget Fund. This is a new contract between the City and Van Ness FeWm, ari, LLP. "fan Ness Feldman, LL.P prov des lobbying on behalf of the City in Washingtoo IBC. 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