HomeMy WebLinkAboutContract 46067 CITY SECRETAW r�
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
AGREEMENT
This Agreement ("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 Focused Advocacy LLC ("Consultant"), acting herein by and through its
duly authorized Member. The City and Consultant are individually referred to as a
"party," and 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 in the form of communications to be used during the official
session of the Texas Legislature and at other times during the term of this Agreement.
More specifically, Consultant agrees to perform the personal services described in
Exhibit "A," which is attached hereto and made a part of this Agreement for all purposes.
2.
Term of Agreement
This Agreement shall begin October 1, 2014 and terminate September 30, 2015
("Initial Term"), unless terminated sooner as provided herein. The City shall have the
option to renew and extend this Agreement up to four additional one-year periods. The
terms and conditions of this Agreement are subject to re-negotiation upon mutual
consent of both parties at the time of each such renewal.
3.
Point of Contact
Consultant agrees to cooperate with the City's Governmental Relations staff and
the City Manager, who shall relate to Consultant requests from the City. For purposes of
this Agreement, the term City Manager shall include the City Manager and his or her
designee. Consultant will respond to requests made by the Mayor, the Chair of the
C-) Legislative and Intergovernmental Affairs Committee, the City Manager, and the City's
M Governmental Relations staff. Consultant will coordinate all responses or actions taken
M on the City's behalf through the Governmental Relations staff or appropriate City staff.
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Independent Contractor Status
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® Consultant shall perform all work and services hereund an inde t
contractor and not as an officer, agent, servant or employee of th s al
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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, its 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 provided hereunder, the City
shall pay Consultant an amount not to exceed $7,250.00 per month. It is understood
that said payments are due and payable by City upon receipt of an invoice from
Consultant. In addition, the City shall reimburse Consultant an amount not to exceed
$1,000.00 per year for approved expenses. Unless otherwise agreed to by the parties,
payment under this Agreement shall not exceed the total amount of$88,000.00 per year
for services and expenses.
6.
Termination
Either party may terminate this Agreement for breach upon ten (10) days written
notice if the other party fails to cure such breach to the satisfaction of the non-breaching
party within the 10 day time period. Either party may terminate this Agreement without
cause by providing a thirty (30) day written notice to the other party. Upon termination,
all reports and other work product prepared by Consultant hereunder whether fully 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 Agreement 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 Agreement 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, counties, or transit
agencies it represents and any other of its clients that might represent a potential conflict
of interest. If the City, in 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.
9.
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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 or the Federal District courts of the Northern District of 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 Agreement including any renewal periods, then the City will immediately notify
Consultant of such occurrence and this Agreement 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: Consultant:
City of Fort Worth Focused Advocacy
Attn: City Manager 823 Congress Ave , Suite 1200
1000 Throckmorton Austin, Texas 78701
Fort Worth, TX 76102
with copies to:
The City Attorney and
Governmental Affairs Division
at the same address
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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.
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.
13.
Liability
CONSULTANT SHALL INDEMNIFY, DEFEND AND HOLD THE CITY
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION,
LAWSUITS, DAMAGES, LOSSES, JUDGMENTS AND LIABILITIES, ARISING FROM
CONSULTANT'S OWN NEGLIGENCE, WRONGFUL ACTS, ERRORS, OMISSIONS,
OR INTENTIONAL MISCONDUCT AS A RESULT OF CONSUTTANT'S
PERFORMANCE PURSUANT TO THIS AGREEMENT. CONSULTANT SHALL NOT BE
LIABLE FOR ANY DAMAGES OR LOSSES ARISING SOLELY FROM THE CITY'S
NEGLIGENCE, WRONGFUL ACTS, ERRORS, OMISSIONS OR INTENTIONAL
MISCONDUCT. IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF
BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE
APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF
THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS
OF TEXAS.
14.
Review of Counsel
The parties acknowledge that each party and its counsel have had the
opportunity to review and revise this Agreement and that the normal rules of construction
to the effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement or exhibits hereto.
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15.
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.
16.
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.
17,
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
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.
18.
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.
19.
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.
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20.
Execution — Signature Authority; Counterparts
The person signing this Agreement hereby warrants that he or she has the legal
authority to execute this Agreement on behalf of his or her respective party and that such
binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement. 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.
21.
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 otherwise, 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.
Executed on this r�day of blc jh,"IZ �— , 2014.
CONSULTANT: CITY OF FORT WORTH:
By: By:
— q7 Brandon AAamalian C rl W. Daniels
Member Assistant City Manager
Date: T°3Gr� 1 Date: /D. 23. 1'4"
F 0 At st:
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A.
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is o" Mary Kayser, City Secretary
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i. ° Approved as# orm and Legality:
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Denis McElr y, Asst. l Attorney
Contract Authorization:
M&C: C-27023
Date Approved: October 14, 2014
Focused Advocacy OFFMAL RNGO D
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EXHIBIT "A"
SCOPE OF SERVICES
1. Consultant 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. During the legislative session (2015), Consultant will work with City staff to
ensure attendance at relevant interim committee meetings or hearings and legislative
committee meetings or hearings and ensure that appropriate written reports are
prepared.
3. Consultant will inform the City (generally by contacting the City Manager) of
any legislative initiatives felt to be possibly detrimental to the interests of the City, the
City's Comprehensive Plan or the City's State Legislative Agenda, as Consultant
becomes aware of any such initiative.
4. Consultant will assist the City Manager and other designated City staff in the
development and coordination of the City's legislative program.
5. Consultant 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. Consultant will assist, when
requested, in acquiring sponsors for bills in the packet.
6. Consultant will assist the City Manager and other designated City staff in
defeating any legislation, amendments to legislation, appropriation or other action by the
Texas Legislature that will erode, weaken, decrease or take away the City's authority to
govern the municipal affairs of the City or that is detrimental to the interests of the City of
Fort Worth.
7. Consultant will assist the City Manager and other designated City staff in the
review and analysis of pending and proposed legislation as well rule proposals by state
regulatory agencies, and provide the City with notification on issues of interest or
concern on a proactive basis.
8. Consultant will assist the City Manager and other designated City staff in the
development and evaluation of strategies for the support, defeat or amendment of
pending legislation, policy, rules and funding opportunities.
9. Consultant will assist the City Manager and other designated City staff in the
presentation of regular oral and written reports to the City Council and other
stakeholders, as well as provision of requested reports on legislative action.
10. Consultant will assist the City Manager and other designated City staff
periodically with logistical support for City Council members, City Management, City staff
and the staffs thereof while said are in Austin attending conferences or public hearings
and or meetings.
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11. Consultant will promote working relationships and goodwill between the City
and members of the Legislature, the Executive Branch, state agency leadership, state
Commission leadership, state board leadership and the staffs thereof, with particular
emphasis on House and Senate leadership, key committee chairs and members, the
Tarrant County delegation and members of state agencies, state commissions and state
boards.
12. Consultant will assist in introducing City Manager or his/her designee to
members of the Legislature and staff members, in particular the leadership and
members of the Tarrant County legislative delegation and members of state agencies,
state commissions and state boards.
13. Consultant will provide advice and counsel to City Manager or his/her
designee, City Council or other City staff regarding legislative strategy and provide such
background information as proponents, opponents, attitude of key legislators, and
positions of related entities.
14. When requested by City Manager or his/her designee, Consultant will,
communicate with written memorandum or telephonically, summarize contacts made
with state legislators, state agency leadership, state board leadership and key staff on
behalf of the City. As the need arises, he/she will discuss with City Manager or his/her
designee coverage of key legislative committee hearings/meetings, state agency
hearings/meetings, state board hearings/meetings and proposer will attend
hearings/meetings upon request, as necessary and possible.
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL FoRTWORTH
COUNCIL ACTION: Approved on 10/14/2014
REFERENCE ** 02FOCUSED
DATE: 10/14/2014 NO.: C-27023 LOG NAME: ADVOCACY2015
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Professional Services Agreement with Focused Advocacy, LLC,
in the Amount of$88,000.00 for Consultation and Representation on State Issues Before
the Texas State Legislature, State Agencies, State Boards and Commissions and the
Office of the Governor(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement with Focused
Advocacy, LLC, in the amount of$88,000.00 for professional services involving consultation and
representation of the City of Fort Worth before the Texas State Legislature, state agencies, state
boards and commissions, and the Office of the Governor.
DISCUSSION:
The City of Fort Worth (City) retains outside legislative consulting services in order to maintain
resident expertise regarding the City's relationship with the State Legislature. The role of an outside
consultant is to assist the City in promoting and protecting its legislative interests in Austin.
Focused Advocacy's lobby team has many years of combined experience at the local, state, and
federal government levels and maintains a local government practice group focused solely on
representing the needs of public sector clients including municipalities, counties and other political
subdivisions.
Mr. Brandon Aghamalian served as the Chief of Staff for several members of the Legislature and
served as Director of Governmental Affairs for the City of Fort Worth. Mr. Aghamalian later founded
and managed a local government advocacy practice group, representing dozens of municipalities
before the state. Since joining Focused Advocacy, Mr. Aghamalian's main emphasis has been
representing local governments before the Texas Legislature.
Mr. Snapper Carr has four years' experience as Chief Committee Clerk for the Texas House standing
committees and eight years' experience in legislative matters at the Texas Municipal League (TML),
representing municipal interests before state and federal legislative, administrative and judicial
bodies. Mr. Carr also served as general counsel and legislative consultant for HillCo Partners from
2006 through 2009 where he assisted in the drafting and passage of more than 100 statutory
changes, including historic legislation regarding water regulations and supply. Mr. Carr is recognized
among legislators and industry representatives on municipal matters, telecommunications and utilities
issues.
Mr. Curtis L. Seidlits, Jr. guides the overall vision and strategy of Focused Advocacy and provides
communications and governmental affairs support to each client. Mr. Seidlits served for ten years in
the Texas House of Representatives where he was a member of a variety of committees including
Judiciary, Ways and Means, Elections, and Redistricting and was Chair of the House State Affairs
Committee, which oversaw diverse issues including tort reform, ethics, utility regulation, and public
information and purchasing laws.
During past legislative sessions, Focused Advocacy provided advice and counsel regarding state
http://apps.cfwnet.org/council_packet/mc review.asp?ID=20331&councildate=10/14/2014 10/22/2014
M&C Review Page 2 of 2
agencies and commissions that interface with the City and promoted working relationships and
goodwill between the City, key staff, and board members of various state agencies and commissions,
when requested by the City. The firm promoted working relationships and goodwill between the City
and members of the Legislature, the Executive Branch, and the staffs of House and Senate
leadership, key committee chairs and members, and the Tarrant County delegation.
Focused Advocacy was a major asset on recent legislation involving the Major Events Fund, working
with state agencies and major stakeholders to craft compromise legislation that will allow Fort Worth
to continue to benefit. In addition, Focused Advocacy was a major force in defending against
legislation that would have eroded municipal authority and decreased state funding.
The proposed Agreement requires Focused Advocacy to provide advice and counsel regarding state
agencies and commissions as well as provide assistance in promoting passage of legislative
initiatives for the City during legislative sessions and the interim session. The Agreement requires
the City to compensate Focused Advocacy, LLC, a rate in the amount of$7,250.00 per month. In
addition, the City will reimburse Focused Advocacy, LLC, for approved expenses incurred in
connection with the performance of its duties and responsibilities under its contract with the City. The
approved reimbursable expenses shall not exceed the amount of$1,000.00 for the term of the
Agreement.
Term; Renewal Options -The term of the Agreement will be from October 1, 2014 to September 30,
2015. This Agreement may be renewed for up to four additional one-year terms at the City's option.
This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term. The terms are
subject to re-negotiation upon mutual consent of both parties at the time of such renewal.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, funds will be available in the current operating budget, as appropriated, of the
General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0029000 $88.000.00
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: TJ Patterson (6168)
Additional Information Contact: Evonia Daniels (7504)
ATTACHMENTS
http://apps.cfwnet.org/councilpacket/mc_review.asp?ID=20331&councildate=10/14/2014 10/22/2014