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HomeMy WebLinkAboutContract 33087 CITY SECRETARY LIE7 CONTRACT Np, 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 Walter Fisher ("Fisher"), 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), Fisher agrees to represent the City concerning legislative and administrative matters before members of the Texas Legislature and officials of state administrative agencies, both during the official and special called sessions of the Texas Legislature and at all other times during the term of this contract, upon request of the City. More specifically, Fisher shall 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 December 1, 2005, and terminate August 31, 2007, unless terminated sooner as provided herein in Section Six (6). 3. Fisher shall cooperate with and report to the City's Director of Governmental Relations and the City Manager, who shall, in turn, relate to Fisher the City's legislative requests and goals. Fisher shall 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. Fisher shall coordinate all responses or actions taken on the City's behalf through the City's Director of Governmental Relations, or the City Managers designee. I f �� " �1e� 4. Fisher shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Fisher 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 sub-consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between the City and Fisher, his officers agents, employees, and sub-consultants, and the doctrine of respondeat superior shall have no application as between the City and Fisher. 5. In full payment and consideration for all services furnished before the execution of this contract from October 1, 2005 through November 30, 2005, Fisher shall be paid $10,000.00. In full payment and consideration for all services furnished after December 1, 2005, and subject to the termination provisions set out in Section Six (6) of this agreement, Fisher shall be paid $5,000.00 per month. It is understood that said payments are due and payable by City upon receipt of an invoice from Fisher or his company (Walter Fisher and Associates). In addition to this amount, Fisher shall be reimbursed for the reasonable cost of travel, meals and lodging which Fisher incurs when the Mayor, the Chair of the Government and Neighborhood Relations Committee, the City Manager, or the City's Director of Governmental Relations requests that Fisher travel in the performance of services reasonably related to this contract. Fisher shall submit invoices for such expenses, supported by adequate records and statements, for an amount not to exceed $10,000 for the term of this contract, unless otherwise authorized by the City. 6. The City may terminate this Agreement at any time for breach of this Agreement by providing a 10-day written notice or terminate without cause by providing a 30-day written notice to Fisher. Upon termination, Fisher shall provide reproducible copies of completed or partially completed reports, summaries or other documents prepared under this contract, which shall become the property of the City. Fisher shall be reimbursed for expenses incurred up to the date of the notice of intent to terminate, plus such costs that are reasonably incurred for termination services. 7. Fisher shall furnish the City periodic reports on his work at such time as the City's Director of Governmental Relations, or the City Managers designee, may request. All of the reports, information and data prepared or assembled for the 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. Within 10 calendar days from the date of execution of this contract, Fisher shall provide City a list of other municipalities, counties, and transit agencies that he represents. Upon request, Fisher shall provide the City's Director of Governmental Relations, or the City Managers designee, a list of all other clients he represents. If Fisher enters into a contract with any other client that might be in conflict with this contract, he shall, within 2 calendar days after the execution of the contract, notify City of such potential conflict in writing. If the City, in its sole discretion, believes that a conflict exists, such conflict shall be discussed by Fisher and the City and resolved to the satisfaction of the City. If the conflict cannot be resolved to City's satisfaction, City may terminate this contract for cause. Fisher shall comply with Section 305.028 of the Texas Government Code. 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 Fisher 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 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: Fort Worth City Attorney, and Governmental Relations Department (Director) (at same address as above) Fisher: Walter Fisher Walter Fisher and Associates 1122 Colorado, Suite 210 Austin, TX 78701 12. Fisher 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. Fisher agrees that the City shall have access during normal working hours to all necessary Fisher 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 Fisher reasonable advance notice of intended audits. Fisher further agrees to include in all its subcontracts hereunder a provision to the effect that the sub-consultant 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 sub- fisher, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant 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 sub-consultant reasonable advance notice of intended audits. -,1 cls' 4 .A WITNESS our hands this day o , 200 ATTEST: CITY OF FOR WORTH By: City SecretC Assista t C'ty M r APPROVED AS TO FORM AND LEGALITY: qv ,riz,d/ 1/11/. " (� Assistant City ttor y Walter Fisher Date: Date: I Qu rl contract Authors zatiox —JAA Date J _i EXHIBIT "A" Scope of Services 1. Representation. Fisher shall represent the City before and act as a liaison between the City and the Texas State Legislature, the Executive Branch, and the various Texas state administrative agencies which promulgate administrative rules and regulations that impact the City. 2. Development of City Agenda. Beginning in February of even-numbered years before each regular legislative session, Fisher shall assist the City's Director of Governmental Relations in the development of the City's legislative priorities and agenda, including the development of a comprehensive set of position papers. 3. Counsel and Advice. Fisher shall provide advice and counsel to the City Manager and the City's Director of Governmental Relations regarding legislative strategy. Fisher shall provide honest and truthful information regarding the proponents and opponents of a given issue, the positions of key legislators, and the positions of related entities. 4. Lobbying. Fisher shall work in direct conjunction and cooperation with the City Manager and the City's Director of Governmental Relations to promote the passage of proposed legislative initiatives included in the City's adopted legislative agenda/packet. Promoting the City's legislative initiatives includes, but is not limited to, the following activities: assisting the City's Director of Governmental Relations in obtaining meetings with elected officials and professional staff, obtaining legislative authors/sponsors, conducting negotiations, asking elected members of the Legislature to support or oppose a particular measure, disseminating and distributing written or verbal information about a particular measure or bill, drafting legislative language including legislative amendments, and briefing staff and elected officials about issues of interest to the City. Upon request, Fisher shall attempt to arrange for the opportunity for the City to testify on issues of concern. Upon request, Fisher shall also draft speeches, memorandums, position papers, talking points and/or letters on behalf of the City. Upon request, Fisher shall also conduct research and prepare reports on selected issues and provide these for use by the City. Upon request, Fisher shall also provide assistance to City officials in interpreting state laws and state administrative rules and, when directed by the City's Director of Governmental Relations, or the City Managers designee, shall file comments with state administrative agencies. 5. Relationship Development. Fisher shall promote positive working relationships and goodwill between the City and members of the Texas State Legislature, the Executive Branch, and the professional staffs thereof, with particular emphasis on the leadership of the Texas House of Representatives and the Texas Senate, key committee chairs, elected members of the Tarrant County legislative delegation, and key professional staff at the state agencies which impact the City. Fisher shall assist in introducing the Mayor, members of the City Council, the City Manager, and the City's Director of Governmental Relations to members of the Texas State Legislature, the Executive Branch, and the professional staffs thereof, with particular emphasis on the leadership of the Texas House of Representatives and the Texas Senate, key committee chairs, elected members of the Tarrant County legislative delegation, and key professional staff at the state agencies which impact the City. 6. Information Sharing. As he becomes aware, Fisher shall immediately inform the City (by contacting the City Manager or the City's Director of Governmental Relations) of any legislative initiative, issue, proposal, bill, or any other general information he believes to impact the interests of the City. 7. Written Reports. When requested by the City Manager or the City's Director of Governmental Relations, Fisher shall report and summarize all contacts and conversations made on behalf of the City with legislators and professional staff. 8. Attendance at Public Meetings. When requested by the City Manager or the City's Director of Governmental Relations, Fisher shall attend public committee hearings/meetings and provide a written or verbal report of the action taken and the issues discussed at the hearing. 9. Attendance at Trade Organizations. Fisher shall attend and represent the interests of the City in periodic meetings of city organizations such as the Texas Municipal League and others professional advocacy associations. Fisher shall provide assistance to members of the City Council that serve on boards or committees associated with these organizations. 10. Travel Arrangements. Upon request, Fisher shall assist the City's Director of Governmental Relations, or the City Manager's designee, in arranging travel accommodations for City officials and/or individuals designated by the City who are traveling to Austin, Texas on official City business. Fy; ... Illili 1: Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/20/2005 DATE: Tuesday, December 20, 2005 LOG NAME: 02FISHER REFERENCE NO.: C-21217 SUBJECT: Authorize Award of a Personal Services Contract to Walter Fisher for Consultation and Representation on State Issues RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Walter Fisher for personal services involving consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, State agencies, and the Office of the Governor. The term of the contract will be from October 1, 2005, to August 31, 2007. DISCUSSION: The City of Fort Worth 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. The contract with Mr. Fisher for these services expired on September 30, 2005. Walter Fisher is the former Parliamentarian of the Texas State Senate and the former Assistant Parliamentarian for the Texas House of Representatives. He also served as the Director of Legislative Services for the Texas Municipal League for several years. Given Mr. Fisher's unique background and qualifications, he has proved to be a very valuable member of the City's legislative team. He is well versed in the legislative process and understands City issues and challenges. Mr. Fisher will assist the City in accomplishing its state legislative initiatives as well as assisting with the interim activities of the Legislature when that body is not in session. In particular, given his background, Mr. Fisher was especially effective in working with the elected officials and the professional staff of the Texas Senate. In addition, Mr. Fisher is particularly suited to advise the City in procedural matters and the attitudes and beliefs of key Senate leadership. The proposed contract requires Mr. Fisher 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. The term of the contract is from October 1, 2005 to August 31, 2007. The proposed contract, like the one that expired on September 30, 2005, requires the City to compensate Mr. Fisher at a rate of$5,000 per month. In addition, the City will reimburse Mr. Fisher for expenses incurred when he is requested to travel to Fort Worth by City Council or staff. The reimbursement expenses shall not exceed $10,000 for the term of the contract. The details of the agreement between the City and Mr. Fisher, including the scope of services, are reflected in the contract to be signed by the respective parties. The proposed contract includes a funding out clause. Funds in the amount of $60,000 plus $5,000 for expenses are being requested under this M&C for the first 12 months of the contract. Funds for the second year of the contract will be requested in the next proposed budget. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/27/2006 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are not available in the current operating budget of the General Fund. However, funds for this expenditure will be included in the subsequent rollover/designation MBC. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 531200 0905500 $65,000.00 Submitted for City Manager's Office b Joe Paniagua (6140) Originating Department Head: Brandon Aghamalian (6168) Additional Information Contact: Brandon Aghamalian (6168) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/27/2006