RESOLUTION NO. 16-39
A RESOLUTION OF KITSAP TRANSIT BOARD OF COMMISSIONERS AUTHORIZING
STAFF TO RENEW THE LEGISLATIVE LIAISON AND CONSULTANT SERVICES
CONTRACT WITH DOTY & ASSOCIATES, INC FOR THREE (3) YEARS TO SUPPORT
KITSAP TRANSIT'S INTERESTS IN BOTH GENERAL TRANSIT ISSUES AS WELL AS
THE PASSENGER-ONLY FERRY AREAS RELATIVE TO STATE LEGISLATIVE ACTIVITY
WHEREAS, Kitsap Transit (KT) initially retained the services of Jensen Walgren Doty
Governmental Consulting (JWD) via Resolutions 10-41 and 10-47, running from August 2010 to
July 2013; and
WHEREAS, the contract was extended another three (3) years via Resolution 13-42 to
maintain continuity of service in light of the new gubernatorial administration in Olympia; and
WHEREAS, J. Dylan Doty, the primary consultant for Kl has performed the contracted
services of governmental liaison, supporting KT's efforts in the area of public transportation
interests, including the area of passenger-only ferry service, to the complete satisfaction of KT; and
WHEREAS, Doty & Associates (D&A) is a successor entity to JWD, as other partners
scaled back their day-to-day duties and all clients moved under the heading of D&A for ease
and consistency; and
WHEREAS, three items in particular on which Mr. Doty spent considerable time and that
are still active is the lease with the Department of Natural Resources (DNR) for our current and
planned passenger-only ferry docks, funding for the proposed cross-sound passenger-only ferry
plan, which will be put on the ballot in November for a sales tax increase, and his involvement
on our behalf in the West Sound Alliance; and
WHEREAS, KT staff has negotiated with Mr. Doty to update the current Contractual
Arrangements, including the Scope of Services and fee schedule; and
WHEREAS, KT staff supports the increase in the contractual amount to five thousand one
hundred dollars ($5)00) per month, plus expenses, for an annual contract amount of sixty-one
thousand two hundred dollars ($61)00); and
WHEREAS, KT staff recommend approving this agreement attached and incorporated
herein as Exhibit A, and request sole source purchase from Doty & Associates, Inc., via the
information presented in the memo to the file, attached and incorporated herein as Exhibit B,
Resolution 16-39
1
NOW, THEREFORE, BE IT RESOLVED the Board of Commissioners hereby authorizes staff
to renew the legislative liaison and consulting services of Doty & Associates, Inc. for three (3)
years, from August 1, 2016 through July 31, 2019.
ADOPTED by the Board of Commissioners of Kitsap Transit at a regular meeting held on
the 5th day of July, 2016.
ATTEST:
J~
Clerk of t he Board
Resolution 16-39
2
Exhibit A
Consultant Services
For
Kitsap County Public Transportation
Benefit Area Authority
(Kitsap Transit)
August
2016
ARRANGEMENTS
Doty & Associates, Inc., (Consultant) shall, in carrying out Task 1 of Scope of Services, included
herein, make appropriate contacts to provide information about the various proposals and to
advocate KT's position on such proposals with members of the Washington State Legislature,
legislative staff, Executive Branch personnel concerned with this proposal (including the
Washington State Department of Transportation, Washington State Office of Financial
Management (Public Policy Division) and Governor's Office), and other local governments, and civic
and professional interest groups which may have an interest in this legislation.
EQUAl EMPlOYMENT OPPORTUNITY
Firms must comply with Kitsap Transit's requirements for Affirmative Action and Equal
Employment Opportunity.
TERM OF CONTRACT
Contract will be effective August 1, 2016, and shall terminate July 31, 2019.
CONSULTANT RELATIONSHIP
A.
B.
C.
The Consultant is and shall be at all times during the term of this Agreement an
independent contractor and not an employee of Kitsap Transit and shall not be entitled to
any ofthe usual benefits incidental to employment with Kitsap Transit.
Any and all employees of the Consultant, while engaged in the performance of any work or
service required by the Consultant under this Agreement, shall be considered employees
of the Consultant only and not of Kitsap Transit, and any and ali claims that may or might
arise under the Workers' Compensation Act on behalf of said employees, while so engaged
and any and all claims made by a third party as a consequence of any negligent act or
omission on the part of the Consultant's employees, while so engaged on any of the
services provided to be rendered herein, shall be the sole obligation and responsibility of
the Consultant.
The Consultant shall not engage on a full-, part-time or other basis, during the period of the
Agreement, any professional or technical personnel who are or who have been at any time
during the period of this Agreement in the employ of Kitsap Transit, except regularly
retired employees, without written consent of Kitsap Transit.
COMPENSATION
A.
Payment shall be made within thirty (30} days of receipt of a correct invoice from the
Contractor. Incorrect invoices are subject to rejection or correction by Kitsap Transit and no
pre-payments will be made. All invoices shall be accompanied by a current progress report
as a narrative statement and documentation of expenses.
7c.3 Resolution No. 16-39, Legislative Liaison Contract Renewal Exhibit
Page 2 of6
B.
C.
Compensation shall be at the rate of $5,100 per month.
Additionally, Consultant will be reimbursed for necessary travel, pro-rated monthly parking
and extraordinary office expenses (teleconferences, lengthy copying or reproduction
costs). Travel will not include mileage within Thurston County.
EXTENSION AND TERMINATION
A.
B.
C.
This Agreement may be terminated by either party on thirty {30) days' written notice to
the other, except that if the Consultant fails to perform or observe any of the provisions,
terms, or conditions herein, Kitsap Transit may terminate this Agreement immediately so
long as written notice is thereafter communicated to the Contractor at his last known
address. Kitsap Transit will pay for all services rendered up to the time of notification of
termination of this Agreement, less prior interim payments, if any. Upon payment of such
sums, Kitsap Transit shall be discharged from all liability to the Consultant hereunder and
this Agreement shall be considered terminated unless extended in writing by mutual
agreement between the parties hereto.
Upon termination of contract under Paragraph "A." above, all documents, records, and file
materials shall be turned over to Kitsap Transit by the Contractor.
All services to be rendered under this contract shall be subject to direction and approval of
Kitsap Transit.
ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by either party hereto, nor will the
Consultant delegate, nor hire additional persons to perform services and duties under this
Agreement, without the written consent of Kitsap Transit.
WAGE AND HOURS LAW COMPLIANCE
Consultant shall comply with all applicable provisions of the Fair Labor Standards Act and all other
legislation affecting its employees and the rules and regulations issued thereunder insofar as
applicable to its employees and shall at all times save Kitsap Transit free, clear and harmless from
all actions, claims and expenses arising out of said Act and rules and regulations that are or may be
promulgated in connection herewith.
SOCIAL SECURITY AND OTHER TAXES
Consultant assumes full responsibility for the payment of all payroll taxes, use, sales, income or
other form of taxes, fees, licenses, excises, or payments required by any city, county, federal or
state legislation which is now or may during the term of the Agreement be enacted as to all
persons employed by the Consultant and as to all duties, activities and requirements by the
Consultant in performance of the work and under this contract and shall assume exclusive liability
therefor, and meet all requirements thereunder pursuant to any rules or regulations.
7c.3 Resolution No. 16-39, Legislative Liaison Contract Renewal Exhibit
Page3 of6
ATTORNEYS' FEES
If Kitsap Transit brings any action or suit relating to the enforcement of this Agreement or
asking for any relief against Consultant, declaratory or otherwise, arising out of this Agreement
or if Consultant brings any action or suit against Kitsap Transit, declaratory or otherwise/ arising
out of this Agreement, then the prevailing party in any of these events shall be paid reasonable
attorneys' fees and costs and expenses expended or incurred in connection with any such suit
or action.
CHANGES
No change, alteration, modification, or addition to this Agreement will be effective unless it is
authorized by the Kitsap Transit Board of Commissioners, in writing and properly signed by both
parties hereto.
GOVERNING lAW AND VENUE
This Agreement and the rights and obligations of the parties hereunder shall be governed by
the laws of the State of Washington. Kitsap County shall be the venue for any legal action.
7c.3 Resolution No. 16-39, Legislative Liaison Contract Renewal Exhibit
Page4 of6
OF SERVICES
A.
Develop strategy in conjunction with Kitsap County Public Transportation Benefit Area dba
Kitsap
Transit
(KT)
regarding,
among
other
items:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Identify legislation that would impact KT specifically
Lobby defensively on legislation that is introduced that would negatively impact
KT
Provide weekly or bi-weekly updates, as appropriate, on activities during
legislative session
Transportation funding alternatives, including both state and federal funding
opportunities, as well as local options
Commuter-oriented bus services and related matters
Capital improvements for KT facilities, including park-and-ride lots and transit
centers
High-capacity transit (HCT) services, specifically Passenger-Only Ferry (POF) and
Bus Rapid Transit (BRT}, and the facilities needed to support them
Customary local transit services, included Routed and paratransit service and
facilities
Relationships with state agencies and other critical organizations, including but
not limited to Washington State Department of Transportation (WSDOT),
Washington State Ferries (WSF), the Department of Natural Resources (DNR),
the Washington State Transit Association (WSTA), and the Puget Sound Regional
Council (PSRC}
B.
Consultant will work with Governor's office to seek gubernatorial support for and approval
of any legislation approved.
C.
Consultant will work with KT to prepare written information and other communication
materials (PowerPoint presentations, etc.) as required by KT executive staff. Production
costs of such materials will be the responsibility of KT. Media communication will be
coordinated between KT and Consultant, but will be primarily the responsibility of KT.
D.
Consultant shall report regularly as required to John Clauson, Executive Director of Kitsap
Transit.
E.
Consultant shall be responsible for completion and filing of all lobbyist reports as required
by the Washington State Public Disclosure Commission. KT shall complete and file all
required employer reports.
7c.3 Resolution No. 16-39, Legislative Liaison Contract Renewal Exhibit
Page 5 of6
DOTY
& ASSOCIATES, INC.
By: _ _ _ _ _ _ _ _ _ _ _ _ __
By: _ _ _ _ _ _ _ _ _ _ _ _ __
J. Dylan Doty
Its:
President
Address: P 0 Box 70847
Seattle WA 98127
Date:
August 1, 2016
John W. Clauson
Its:
Executive Director
Address: 60 Washington Avenue, Suite 200
Bremerton WA 98337
Date:
7c.3 Resolution No. 16-39, Legislative Liaison Contract Renewal Exhibit
Page 6 of6
August 1, 2016