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HomeMy WebLinkAboutContract 39630STATE 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, and The Franklin Partnership, I.L.C. ("Franklin"), ("Consultant"), the person or entity whose personal services are to be retained hereunder, individually referred to as a "party," collectively referred to as the "parties." For and in consideration of the covenants and promises contained herein, the parties hereto agree as follows: 1. General Provisions & Scope of Services For and in consideration of the payment of the amount of money set out in Section Five (5) below, Consultant agrees to represent the City concerning legislative and administrative matters before members of the United States Congress, officials of federal administrative agencies, and the White House Administration during the term of this contract. More specifically, Consultant agrees to perform the personal services described in Exhibit "A", which is attached hereto and made a part of this contract for all purposes. In addition to the above services, Consultant will as a matter of course, make travel arrangements for City officials and/or individuals designated by the City as acting on behalf of the City's interests when visiting Washington, D.C. Consultant further agrees that Pete Rose shall act as the principal performing this search and will be the City's point of contact for Consultant. Consultant shall not replace the principal without the prior written approval of City. 2. Term of Contract This contract shall begin December 1, 2009, and terminate November 30, 2010, unless terminated sooner as provided herein. 3. Point of Contact Consultant agrees to cooperate with the City's Director of Governmental Relations and the City Manager, who shall relate to Consultant requests from the City. Consultant 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. Consultant will coordinate all responses or actions taken --on the City's behalf through the Director of Governmental Relations, OFFICIAL RECORD The Franklin Partnership L.L.C. CITY SECRETARY 2009-2010 Legislative Contract Revised 11 1109 FT. WORTH TX Page 1 of 7 9 4. Independent Contractor Status Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Consultant 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 his officers, agents, employees, and subconsultants. Nothing herein shall be construed as creating a partnership or joint enterprise between the City and Consultant, his officers agents, employees, and subconsultants, and the doctrine of respondeat superior shall have no application as between the City and Consultant. 5. Payment, Expenses & Travel In full payment and consideration for all services furnished and expenses incurred hereunder, Consultant shall be paid an amount not to exceed $15,600.00 per month. It is understood that said payments are due and payable by City upon receipt of an invoice from Consultant. Unless otherwise agreed to by the parties, payment for services and expenses under this contract shall not exceed the total amount of $187,200.00 6. Termination The City may terminate this Agreement at any time for breach of this Agreement by providing a ten (10) day written notice or without cause by providing a thirty (30) day written notice to Consultant. Upon termination, all products prepared by Consultant hereunder whether completed or partially completed, shall become the property of the City, and shall be returned to the City immediately at no additional cost to the City. Upon termination, all payment obligations of the City under this contract shall end. 7. Work Product Consultant 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. Conflict of Interest &Other Clients Consultant 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 Consultant and the City and resolved to the satisfaction of the City. Consultant shall comply with Section 305.028 of the Texas Government Code. The Franklin Partnership L.L.C. 2009-2010 Legislative Contract Revised I I 11 09 Page 2 of 7 9. Governing Law & Venue This Agreement shall be construed in accordance with the laws of the State of Texas. 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. 10. Availability of Funds 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 Consultant 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. Notices 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 Consultant: The Franklin Partnership, L.L.C. Attn: Pete Rose 500 New Jersey Ave., NW, Ste 400 Washington, DC 20001 with copies to: Pete Rose at the same address 12. Access to Records; Audit Consultant 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. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant 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 Consultant reasonable advance notice of intended audits. The Franklin Partnership L.L.C. 2009-2010 Legislative Contract Revised 11 1 109 Page 3 of 7 Consultant further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultants agree 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. Consultant further agrees to photocopy any audit related documents as may be requested by the City. The City agrees to reimburse Consultant for the costs of the copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 13. Entirety of Agreement This Agreement shall be the entire, full and complete agreement between the Parties concerning the subject matter hereof and shall supersede all prior agreements. There are no valid or binding representations, inducements, promises or agreements, oral or other wise, between the Parties that are not embodied herein. No amendment, change, or variance of or from this Agreement shall be binding on either Party unless agreed to in writing signed by both of the Parties. 14. Headings not Controlling The headings appearing at the beginning of each paragraph of this Agreement are for convenience only and do not define, limit or construe the contents of any such paragraph. Whether expressly indicated or not, the singular usage includes the plural, and the neuter usage includes the masculine or the feminine or both the masculine and the feminine. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original and such counterparts together shall constitute the same agreement. 15. Waiver The City and the Consultant may waive an obligation of or restriction upon the other under this Agreement only in writing. No failure, refusal, neglect, delay, forbearance or omission of the City or the Consultant to exercise any right or remedy under this Agreement or to insist upon full compliance by the other with his, her or its obligation hereunder shall constitute a waiver of any provisions(s) of the Agreement. 16. Severability Each provision of this Agreement or part thereof shall be severable. If, for any reason, any provision or part thereof in this Agreement is finally determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation, such The Franklin Partnership L.L.C. 2009-2010 Legislative Contract Revised 11 1 109 Page 4 of 7 determination shall not impair the operation or affect the remaining provisions of this Agreement, and such remaining provisions will continue to be given full force and effect and bind each Party. Each invalid provision or part thereof shall be deemed not to be a part of this Agreement. 17. Assignment The Consultant may not assign or subcontract any of its rights or obligations without the prior consent of the City, which consent may be withheld in the City's sole and absolute discretion. 18. Force Majeure It is expressly understood and agreed by the Parties that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation shall be extended for a period of time equal to the period such party was delayed. Executed on this day of200g. CONSULTANT: THE F ANKL�1�1 PARTNER7I�IP L.L.C. Y: Date: CITY OF FORT WORTH Assistant City Manager �. - / Attest:: Approved to Form and Legality: Marty Hen ix o�"��a Maleshia B. Farmer City Secretary pvp� 0000 Assistant City Attorney 00 pL-Yro °o','�Contract Authorization: �0 o a x� M&C: OX*00e moo° -K,dd Date Approved: The Franklin Partnership L1St(kh9F`���4� 2009-2010 Legislative Contract �ft�1i►M�7 ] 09 Page 5 of 7 RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" Scope of Services 1. Consultant shall assist in the development of and shall ultimately provide in writing a list of the City's legislative priorities, including the annual development of a comprehensive set of City position papers. In addition, Consultant shall provide the City's Director of Governmental Relations with weekly oral reports and provide City Council monthly written reports which detail the activities undertaken by Consultant in Washington, D.C. Consultant will also provide any additional written reports as requested by the City's Director of Governmental Relations or the City Manager. The emphasis of the monthly reports should be on activities undertaken by Consultant regarding those issues considered the priorities for the City as identified by the adopted federal legislative program or by City Council resolution. Consultant will also report in person in Fort Worth when deemed necessary by the City Manager. 2. Consultant will act as a liaison on behalf of the City of Fort Worth with the Congress of the United States, specifically with key Congressional committees handling legislation of interest to the City. 3. Consultant will provide advice, counsel, liaison, and intervention with those federal agencies that interface with the City and will promote working relationships and goodwill between the City and key staff of those federal agencies, when requested by the City. 4. Consultant will act as a liaison to the White House on behalf of the City where appropriate. 5. Consultant will cooperate with the City Manager and the City's Director of Governmental Relations to develop and produce the City's legislative initiatives and agendas. 6. Consultant will provide advice and counsel and develop strategy in conjunction with the City Manager and the City's Director of Governmental Relations and provide background information such as proponents, opponents, attitudes of key members of Congress, and positions of related entities. 7. Consultant will inform the City of any legislative or administrative initiatives identified as being possibly detrimental to the interest of the City as he becomes aware of any such initiative. 8. Consultant will provide assistance to City officials in interpreting federal regulations and filing comments where appropriate and when directed by the City Manager or the City's Director of Governmental Relations, 9. Consultant will draft speeches, memorandums, position papers, talking points and/or letters on behalf of the City when appropriate. 10. Consultant will arrange for presentation of Congressional testimony of relevant issues where appropriate and prepare testimony for such presentations. The Franklin Partnership L.L.C. 2009-2010 Legislative Contract Revised 1 I I 1 09 Page 6 of 7 11. Consultant will conduct research and prepare reports on selected federal topics as requested by the City Manager or the City's Director of Governmental Relations and provide these for use by the City. 12. Consultant will attend Cl" represent the interests of the City in periodic meetings of city organizations such as the National League of Cities and Others. Consultant will provide assistance to members of the City Council that serve on boards or committees associated with these organizations. 13. Consultant will assist in providing notices and information on federal grant opportunities including opportunities not advertised through the public notice process, will assist in obtaining grant applications for the City, and will assist in facilitating favorable consideration of City grant applications with the various federal agencies. Consultant will coordinate Congressional letters of support from the Texas Congressional Delegation for City grant requests. 14. Consultant will respond to requests made by the Mayor and the Chairman of the Legislative and Intergovernmental Affairs Committee, and will coordinate all responses or actions taken through the City Manager and the City's Director of Governmental Relations. 15. Consultant agrees to generally be available to the Mayor, City Council and City Manager for additional assignments in Washington, D.C. as may be necessary. 16. Consultant will maintain periodic contact with the City Manager or his designee in a manner consistent with Section 1 of this Exhibit summarizing activities undertaken in Washington, D.C. on behalf of the City. The Franklin Partnership L.L.C. 2009-2010 Legislative Contract Revised I I I 1 09 Page 7 of 7 Page 1 of 2 City of Fort Worth, Texas •: • • �] i"�i"i U Cl I Cclt I O 1'1 COUNCIL ACTION: Approved on 12/8/2009 DATE: Tuesday, December 08, 2009 REFERENCE NO.: C-23954 LOG NAME: 02FRANKLIN2009 SUBJECT: Authorize the Execution of a Professional Services Contract in an Amount Not to Exceed $187,200.00 with the Franklin Partnership, L.L.C., for Consultation and Representation on Federal Issues [i�_ •uu ►�_ �► It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $187,200.00 with the Washington, D.C., firm, The Franklin Partnership, L.L.C., for professional services involving consultation and representation before the Congress of the United States, United States Federal agencies and the White House Administration. The term of the contract will be from December 1, 2009, to November 30, 2010. DISCUSSION: Since 2004, the City of Fort Worth has maintained a service contract with The Franklin Partnership, L.L.C., that provides the City with legislative consulting services in Washington, D.C. This service is vital in order to maximize the City's success in obtaining federal funding and favorable legislation regarding economic development, housing, transportation, homeland security, air quality, health and human services and public safety. The consulting firm employs research and intelligence gathering efforts, utilizes an understanding of the intricacies of the policy making process, the formulation of persuasive arguments and builds relationships with key decision makers in order to achieve the City's desired outcomes. The proposed contract calls for the City to compensate The Franklin Partnership, L.L.C., at a rate of $15,600.00 per month which represents an agreed reduction of 20 percent from the monthly retainer under the previous contract with expired November 20, 2009. The term of the contract is from December 1, 2009, to November 30, 2010. The proposed contract calls for the City to compensate The Franklin Partnership, L.L.C., at a rate of $15,600.00 per month, which represents an agreed reduction of 20 percent from the monthly retainer under the previous contract which expired on November 30, 2009. The firm of The Franklin Partnership, L.L.C., employs research and intelligence gathering efforts, that utilizes an understanding of the intricacies of the policy making process, the formulation of persuasive arguments and builds relationships with key decision makers in order to achieve the City's desired outcomes. Franklin Partnership, L.L.C., works with the Mayor, City Council, City Manager's office and City staff in developing and carrying out the City of Fort Worth's federal program; and in that respect, assists city staff in addressing many federal legislative initiatives that are critical to the City's future. Specifically, the Franklin Partnership has been instrumental regarding the following successful appropriations efforts: . FY10 Omnibus Appropriations o $2,000,000.00 -Interstate Highway 35 Congestion Relief ■ Status: Senate Transportation/HUD bill passed Committee in July) o $425,000.00 -Early Childhood Matters . Status: House Labor/HHS bill passed House in July) . FY09 Omnibus Appropriations http://apps.cfwnet.org/ecouncil/printmc.asp?id=12714&print=true&DocType=Print 12/16/2009 Page 2 of 2 o $1,805,000.00 -Interstate Highway 35W Congestion Relief o $285,000.00 -Early Childhood Matters Initiative . FY08 Omnibus Appropriations o $1,000,000.00 -Pre-Disaster Mitigation o $350,000.00 -Interstate Highway 35W Congestion Relief o $285,000.00 -Early Childhood Matters In addition to recent appropriations efforts, The Franklin Partnership, L.L.C., was also instrumental in securing an additional $7,387,000.00 in appropriations for Fiscal Years 2004, 2005 and 2006. The term of this contract shall be for a period of one year beginning December 1, 2009, and expiring November 30, 2010. FISCAL INFORMATION /CERTIFICATION: The Financial Management Systems Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bar: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. m&cfundlog.pdf (CFW Internal) FROM Fund/Account/Centers GG01 531200 0029000 Karen Montgomery (6222) Reid Rector (1296) Evonia Daniels (7504) $187,200.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=12714&print=true&DocType=Print 12/16/2009