HomeMy WebLinkAboutContract 35196 (2)STATE OF TEXAS §
COUNTY OF TARRANT §
CONTRACT
CIiY �ECFiET,�RI�
��NTf�ACT N(� .
This agreement is made and entered into by and between the City of Fort
Worth ("City"), acting herein by and through its duly authorized Assistant City
Manager, Joe Paniagua, and Contractor, the person whose personal services
are to be retained hereunder. For and in consideration of the covenants and
promises contained herein, the parties hereto agree as follows:
i1
For and in consideration of the payment of the amount of money set out in
Section Five (5), Contractor agrees to represent the City concerning legislative
and administrative matters before members of the Texas Legislature and officials
of state administrative agencies and boards, both during the official sessions of
the Texas Legislature and at other times during the term of this contract, upon
request of City. More specifically, Contractor agrees to perform the personal
services described in Exhibit "A", which is attached hereto and made a part of
this contract for all purposes.
2.
This contract shall begin January 1, 2007, and terminate December 31,
2007, unless terminated sooner as provided herein.
3
Contractor agrees to cooperate with the City's Director of Governmental
Relations and the City Manager, who shall relate to Contractor requests from the
City. Contractor will respond to requests made by the Mayor, the Chair of the
Government and Neighborhood Relations Committee, the City Manager, and the
City's Director of Governmental Relations. Contractor will coordinate all
responses or actions taken on the City's behalf through the Director of
Governmental Relations.
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Governmental Relations.
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Contractor shall perform all work and services.hereunder as an
independent contractor and not as an officer, agent, servant or employee of the
City. Contractor shall have exclusive conet ol�Oe� and shall be so ely re pons ble
the details of the services performed her
for the acts or omissions of his officers, a nnt a ea�nersh p or o nt ente pr'ise ts.
Nothing herein shall be construed as cre g p
between the City and Contractor, his officers agents, employees, and
subconsultants, and the doctrine of respondeat superior shall have no
application as between the City and Contractor.
5.
In full payment and consideration for all services furnished to the
City and subject to the termination provis500 er month forcelachSmo n h�ntwlhich
agreement, Contractor shall be paid 7 N
this contract is in effect. It is undersnvo�e from Cont actortor h s�c mpany (Hillco
paya b l e b y C i t y u p o n r e c e i p t o f a n i
Partners, LLC).
In addition to this amount, Contractor shall be reimbursed for the
reasonable cost of travel, meals and lodging which Contractor incurs when the
City Manager or his designee requests that Contractor travel in the performance
of services reasonably related to this contract, and Contractor shall submit
invoices for such expenses, supported by adequate records and statements for
an amount not to exceed 3 000 for the term of this contract.
[:�
The City may terminate this Agreement- at any time for breachrov din a
Agreement by providing a 10-day written notice or without cause by p g
30-day written notice to Contractor. The Contractor may also terminaae products
agreement upon 30-day written nots�all be omle the property lof the City, and
prepared by Contractor hereunder
Contractor shall be reimbursed for relate a ment bligat ons of he�City underl this
date of termination, after which time all p y
contract shall end. Upon termination of this Agreement for any reason,
Contractor shall provide the City Wn�er this A reelmentplCi y agreeslto reimburse
completed documents prepared u 9
Contractor for the cost of such copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
Code.
Gontractor shall comply with Section 305.028 of the Texas Government
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Contractor shall furnish the City periodic reports on his work at such time
as the City may request. All of the reports, information and data prepared or
assembled for City under this contract shall be kept confidential and shall no��b al
made available to any individual or organization without the prior written app
of the City, except as such disclosure may be required by law.
:
Contractor shall inform the City of any other municipalities or counties or
transit agencies it represents and note any other clients that might represent a
potential conflict of interest. If the City, at its sole discretion, believes that a
conflict exists, such conflict shall be discussed by Contractor and the City and
resolved to the satisfaction of the City.
�
If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agr Texast This Agreement shall beacolnst ued in
courts located in Tarrant County,
accordance with the laws of the State of Texas.
10.
In the event no funds or insufficient funds are appropriated and budgeted
or are otherwise unavailable by any means whatsoever in any fiscal period for
payments due under this contract, then the City will immediately notify Contractor
of such occurrence and this contract shall be terminated on the last day of the
fiscal period for which appropriations were received without penalty or expense
to the City of any kind whatsoever, hall have beep� plp opnat d and budgeted
herein agreed upon for which funds s
or are otherwise available.
11.
All written notices called for or required by this Agreement shall be
addressed to the following, or such other party or address as either party
designates in writing, by certified mail, postage prepaid, or by hand delivery:
City:
City of Fort Worth
Attn: City Manager
1000 Throckmorton
Fort Worth, TX 76102
with copies to:
The City Attorney and
Governmental Relations
Director at the same address
Contractor:
Hillco Partners, LLC
Attn: Snapper Carr
823 Congress Ave. Suite 900
Austin, TX 78701
12.
Contractor agrees that the City shall, until the expiration of three (3) years
after final payment under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records involving
transactions relating to this Agreement. Contractor agrees that the City shall
have access during normal working hours to all necessary Contractor facilities
and shall be provided adequate and appropriate workspace in order to conduct
audits in compliance with the provisions of this section. The City shall give
Contractor reasonable advance notice of intended audits.
Contractor further agrees to include in all its subcontracts hereunder a
provision to the effect that the subconsultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have
access to and the right to examine any directly pertinent books, documents,
papers and records of such subconsultant, involving transactions to the
subcontract, and further, that City shall have access during normal working hours
to all subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of this
article. City shall give subconsultant reasonable advance notice of intended
audits.
WITNESS our hands this � day of , 200'r
ATTEST:
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City Secret
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CITY OF FORT WORTH
APPROV AS O FORM AND LEGALITY
Assistant ity Attorney
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Snapper Car , h�illco Partners, LLC
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EXHIBIT "A"
Scope of Services
1. Contractor will provide advice and counsel regarding those state
agencies and commissions which interface with the City and will promote
working relationships and goodwill between the City and key staff and board
members of those state agencies and commissions, when requested by the City.
2. Contractor will generally cooperate with City Manager to promote
the passage of proposed legislative initiatives included in the City Council
adopted legislative agenda/packet, in cooperation with City representatives.
Contractor will assist, when requested, in acquiring sponsors for bills in the
packet.
3. Contractor will inform the City (generally by contacting City
Manager) of any legislative initiatives felt to be possibly detrimental to the
interests of the City, as he becomes aware of any such initiative.
4. Contractor will promote working relationships and goodwill between
the City and members of the Legislature, the Executive Branch, and the staffs
thereof, with particular emphasis on House and Senate leadership, key
committee chairs and members, the Tarrant County delegation and members of
agencies, commissions and boards.
5. Contractor will assist in introducing City Manager to members of
the Legislature and staff members, in particular the leadership and members of
the Tarrant County delegation and members of agencies, commissions and
boards.
6. Contractor will provide advice and counsel to City Manager
regarding legislative strategy and provide such background information as
proponents, opponents, attitude of key legislators, and positions of related
entities.
7. When requested by City Manager, Contractor will, communicate
with written memorandum or telephonically, summarize contacts made with
legislators and key staff on behalf of the City. As the need arises, he will discuss
with City Manager coverage of key committee hearings/meetings, and Contractor
will attend hearings/meetings as necessary and possible.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/19/2006
DATE: Tuesday, December 19, 2006
LOG NAME: 02HILLCO
Page 1 of 2
REFERENCE NO.: C-21905
SUBJECT:
Authorize Personal Services Contract with HiIICo Partners for Consulting Services Related to State
Legislative Issues and Concerns
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with HiIICo
Partners, LLC for consulting services relative to state legislative issues for an initial term of twelve months
from January 1, 2007 to December 31, 2007 at an annual cost of $84,000 with a one year option to renew
under the same terms and conditions.
DISCUSSION:
During the 2007 session of the Texas Legislature, the City is expecting that legislation important to the City
will arise and be considered. More so than any other session, local laws and local issues related to city
governance are expected to be addressed by the Legislature that could have lasting impacts on how cities
are developed and funded. It is the recommendation of the staff that the City hire additional legislative
expertise to help with the City's 2007 State Legislative Program. Included in that program are initiatives
that are vitally critical to the City's future such as the regional transportation initiative and funding, air
quality, regional water supplies, and other important issues. To help communicate the City's issues with the
members of the Legislature, the Lieutenant Governor, and Governor, the recommendation is to contract
with Hillco Partners, LLC, a major Legislative consultant in Austin.
The proposed consultant contract requires that Hillco Partners, LLC provide advice and counsel on
legislative issues including assisting the City in the passage of legislative initiatives that are proposed and
identified as part of the City's legislative program. Hillco Partners, LLC will also assist in defeating
legislation that is detrimental to the City of Fort Worth as determined by City Council policy. Principals from
the firm of HiIICo Partners, LLC who will be primarily responsible for carrying out the duties of the firm under
this contract are Brandon Aghamalian, Snapper Carr and Vilma Luna. �th the execution of this contract
with HiIICo Partners, the City of Fort Worth will complete the assembly of its team to represent its interests
in the 2007 session of the Texas Legislature.
The proposed contract will begin on January 1, 2007 and end on December 31, 2007 subject to continued
appropriation with a one year option to renew.
FISCAL INFORMATION/CERTIFICATION:
No funds were budgeted for this purpose; however, there are sufficient funds within the existing funding
allocation to absorb this cost.
TO Fund/AccountlCenters FROM Fund/Account/Centers
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 4/16/2007
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
GG01 531200 0905500
Joe Paniagua (6191)
Reid Rector (1296)
Evonia Daniels (7504)
Page 2 of 2
$63,000.00
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 4/16/2007