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HomeMy WebLinkAboutContract 36278 (2) STATE OF TEXAS § COUNTY OF TARRANT § CONTRACT 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 HiIICo Partners, LLC ("HiIICo"), 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: 1. For and in consideration of the payment of the amount of money set out in Section Five (5), HiIICo 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, HiIICo 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, 2008, and terminate December 31, 2008, unless terminated sooner as provided herein. 3. HiIICo agrees to cooperate with the City's Director of Governmental Relations and the City Manager, who shall relate to HiIICo requests from the City. HiIICo will respond to requests made by the Mayor, the Chair of the Legislative and Intergovernmental Affairs Committee, the City Manager, and the City's Director of Governmental Relations. HiIICo will coordinate all responses or actions taken on the City's behalf through the Director of Governmental Relations. OFFINAI NNE CIS �� � ', 4. HillCo shall perform all work and services hereunder as an independent HillCo and not as an officer, agent, servant or employee of the City. HillCo shall have exclusive control of, and exclusive right to control, the details of the services performed hereunder and shall be solely responsible for the acts or omissions of its officers, agents, employees, and subconsultants. Nothing herein shall be construed as creating a partnership or joint enterprise between the City and HillCo, its officer's agents, employees, and subconsultants, and the doctrine of respondent superior shall have no application as between the City and HillCo. 5. In full payment and consideration for all services furnished to the City and subject to the termination provisions set out in Section Six (6) of this agreement, HillCo shall be paid $7,500 per month during the term of this contract. It is understood that said payments are due and payable by City upon receipt of an invoice from HillCo. In addition to this amount, HillCo shall be reimbursed for the reasonable cost of travel, meals and lodging which HillCo incurs when the City Manager or its designee requests that HillCo travel in the performance of services reasonably related to this contract, and HillCo 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. 6. The City may terminate this Agreement at any time for breach of this Agreement by providing a 10-day written notice or without cause by providing a 30-day written notice to HillCo. Upon termination, all products prepared by HillCo hereunder shall become the property of the City, and HillCo shall be reimbursed for related expenses incurred up to the effective date of termination, after which time all payment obligations of the City under this contract shall end. Upon termination of this Agreement for any reason, HillCo shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. City agrees to reimburse HillCo for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. HillCo shall comply with Section 305.028 of the Texas Government Code. 7. HillCo shall furnish the City periodic reports on its 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 not be made available to any individual or organization without the prior written approval of the City, except as such disclosure may be required by law. 8. HillCo 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 HillCo and the City and resolved to the satisfaction of the City. 9. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas. This Agreement shall be construed in 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 HillCo 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, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted 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: HiIICo: City of Fort Worth HillCo Partners, LLC Attn: City Manager Attn: Snapper Carr 1000 Throckmorton 823 Congress Ave. Suite 900 Fort Worth, TX 76102 Austin, TX 78701 with copies to: with copies to: The City Attorney and HillCo Partners, LLC Governmental Relations 823 Congress Ave. Suite 900 Director at the same address Austin, TX 78701 12. HillCo 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. HillCo agrees that the City shall have access during normal working hours to all necessary HillCo 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 HillCo reasonable advance notice of intended audits. HillCo 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 &hday of bje 200 -7 ATTEST: CITY OF FORT WORTH f*"*VNajBy: City Secretary Assis ant ity 4anager APPROVE S TO FO AND LEGALITY: Assist Ant City t orney Snapper ,rr, Hill to Partners, LLC M+C(;ZC01 C 2 2 2%(a Date: Date: / I lo, EXHIBIT "A" Scope of Services 1. HillCo 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. HillCo will generally cooperate with City Manager to promote the passage of proposed legislative initiatives included in the City Council adopted legislative agendalpacket, in cooperation with City representatives. HillCo will assist, when requested, in acquiring sponsors for bills in the packet. 3. HillCo 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. HillCo 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. HillCo 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. HillCo 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, HillCo 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 HillCo will attend hearings/meetings as necessary and possible. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/9/2007 DATE: Thursday, August 09, 2007 LOG NAME: 02HILLCO REFERENCE NO.: **C-22286 SUBJECT: Authorize Adjustment of Contract with HillCo Partners, LLC, for Consulting Services Related to State Legislative Issues and Concerns (M&C C-21905) RECOMMENDATION: It is recommended that the City Council approve the correction of M&C C-21905 authorizing the City Manager to execute a contract with HillCo 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 $90,000 (instead of $84,000) plus up to $3,000 per contract term for reimbursables with a one year option to renew under the same terms and conditions. DISCUSSION: On December 19, 2006, (M&C C-21905) Council authorized a contract with HillCo 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. Subsequently, staff recommended execution of City Secretary Contract No. 35196 which provides for payments of$7,500 per month plus reimbursables up to $3,000 per year. Therefore, it is requested that M&C C-21905 is corrected to authorize an annual contract cost of$90,000 plus up to $3,000 per year for reimbursables. The 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 HillCo Partners, LLC, who will be primarily responsible for carrying out the duties of the firm under the contract are Brandon Aghamalian, Snapper Carr and Vilma Luna. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds in the amount of $69,750 are available in the current operating budget. The remaining balance must be approved in FY 2007-2008. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 531200 0905500 $69,750.00 Submitted for City Manager's Office by: Joe Paniagua (6191) Originating Department Head: Reid Rector (1296) Additional Information Contact: Evonia Daniels (7504) Logname: 02HILLCO Page 1 of 1