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HomeMy WebLinkAboutContract 26808 CITY SECRETARY �/ p CONTRACT NO. Z STATE OF TEXAS § COUNTY OF TARRANT § PROFESSIONAL SERVICES 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 City Manager,Gary Jackson,and Terrence L.Bracy ("Bracy"), acting herein as an agent and a principal in the firm of Bracy Williams & Co., 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 Paragraph 4, Bracy agrees to represent the City on legislative and administrative matters before members of the United States Congress and officials of federal administrative agencies, and the Administration during the term of this contract,upon request of City. More specifically,Bracy 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 be in effect from April 30, 2001 through September 30, 2001 unless terminated sooner as provided herein. In addition,the contract terms shall include three one-month extensions, beginning October 1, 2001. The extensions can continue on a month-by-month basis through December 31, 2001. The contract terms for the extensions are subject to the approval and discretion of the City Manager. 3. Bracy agrees to consult regularly with the City Manager and to cooperate with the designated representative of City, both of whom may from time to time relay requests for representation from City officials to Bracy. Bracy will respond to requests made by the Mayor and City Council Governmental Relations Committee Chair, coordinating all responses or actions taken through the City Manager or his designee. In performing the services hereunder, Bracy shall do so as an independent contractor and not as an officer, agent, servant or employee of the City of Fort Worth. Bracy shall have exclusive control of, and exclusive right to control, the details of the services performed hereunder and shall be solely responsible for his acts or omissions. Nothing herein shall be construed as creating a partnership or joint enterprise between the City of and the doctrine of respondeat superior shall have no application hereunde Cl �QCB a� G� nQ�1/Lp1 CNNN"�� G' 1 U 4. In frill payment and consideration for all services furnished hereunder, and subject to the termination provisions set out in paragraph 5 of this agreement, Bracy shall be paid a retainer of $14,117 per month through the term of this contract. It is understood that said payments are due and payable on the first of each month subject to receipt of an invoice from Bracy by the City. In addition to this amount, Bracy shall be reimbursed for the reasonable expenses not to exceed $2,000.00 per month subject to the approval of the City. Bracy shall submit an invoice and a copy of all related receipts to the City for reimbursement. The reimbursement of expenses are exclusive of travel to and from Fort Worth. Bracy shall be reimbursed for the reasonable cost of travel,meals,and lodging which Bracy incurs when the City Manager or his designee requests that Bracy travel to Fort Worth in the performance of services related to this contract. Bracy shall submit invoices and copies of all related receipts to the City for reimbursement. 5. This contract may be terminated for cause by either party,following thirty(30)days written notice of such termination. In such event,all products prepared by Bracy hereunder shall become the property of the City,and Bracy shall be reimbursed for related expenses incurred up to the effective date of the termination,after which time all payment obligations of the City under this contract shall end. 6. Bracy 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 not be made available to any individual or organization without the prior written approval of the City. 7. Bracy shall inform the City of any other municipalities he 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 Bracy and the City and resolved to the satisfaction of the City. CFRIA HCQRRD CNN RY U O WC-47H U t�lNu 8. Should any action, whether real or asserted, at law or in equity, arise out of or in connection with this contract, venue for said action shall lie in Tarrant County, Texas. WITNESS our hands this day of , 2001. ATTEST: City of Fort Worth By: �-► ACM City ecretary -d-0/ City Manager r Contract Authorization Date APPROVED AS TO FORM AND LEGALITY: �--,City orney Date: 4lg 0 BRACY WILLIAMS AND COMPANY By: Terrence L. Bracy Agent, Principal and Chief Executive Officer of Bracy Williams and Company E� vo!' U9 EXHIBIT"A" Scope of Services 1. Bracy will provide advice, counsel, liaison and intervention with those federal agencies which 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. 2. Bracy 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. Bracy will act as a liaison to the White House on behalf of the City where appropriate. 4. Bracy will cooperate with the City Manager or his designee to promote the passage of proposed legislation initiated at the request of the City Council, and work through the legislative process with members of Congress to secure passage. 5. Bracy will provide advice and counsel to the City Manager or his designee regarding legislative strategy and provide such background information as proponents, opponents, attitude of key members of Congress, and positions of related entities. 6. Bracy will inform the City by contacting the City Manager or his designee of any legislative or administrative initiatives felt to be possibly detrimental to the interests of the City, as Bracy becomes aware of any such initiative. 7. Bracy will provide assistance to City officials in interpreting federal regulations and filing comments where appropriate. 8. Bracy will arrange for presentation of Congressional testimony of relevant issues where appropriate and prepare testimony for such presentations. 9. Bracy will attend and represent the interests of the City in periodic meetings of city and urban organizations in Washington, D.C. uFF�CO A,L a)E00E,D 10. Bracy will assist in providing notices and information on grant opportunities including federal grant opportunities not advertised through the public notice process that will benefit the City, will assist in obtaining grant applications for the City, and will assist in tracking and obtaining grant applications for the City, and will assist in tracking and facilitating consideration of City grant applications with the various federal agencies when requested by the City Manager or his designee. 11. Bracy will coordinate Congressional letters of support for City grant request from federal agencies from the Texas Congressional Delegation. 12. Bracy will provide assistance to members of the City Council that serve on boards or committees associated with national city organizations. This assistance will include research and development of position papers on issues being considered by those boards or committees as well accompanying members of the City Council to meetings in Washington, D.C. as needed. 13. Bracy will conduct research and prepare reports on selected federal topics as requested by the City Manager and provide these for use by the City. 14. Bracy will respond to requests made by the Mayor and City Council Governmental Relations Committee Chair, coordinating all responses or actions taken through the City Manager or his designee. 15. Bracy agrees to generally be available to the Mayor, City Council and City Manager for additional assignments in Washington as may be necessary. 16. Bracy will maintain periodic contact with the City Manager or his designee either through telecommunications and/or in written memorandum summarizing activities undertaken in Washington, D.C. on behalf of the City. 17. Bracy will report in person in Fort Worth on pending federal issues and on its Washington activities on behalf of the City to the City Council or the City Council Governmental Relations Committee when deemed necessary by the City Manager. 18. Bracy will provide a monthly written report to the City Council and to the City Manager detailing the activities undertaken in Washington on behalf of the City. The emphasis of the report should be on activities undertaken by the firm on those issues considered to be priorities for the City as identified by a City Council adopted federal legislative program or by City Council resolution. (0,FF�cc li Ur Vidtiy� =j TEE City of Fort Worth, Texas "Ayer And Council 4zommu"icntio" DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 C-18559 13EXTEND 1 of 2 SUBJECT EXTENSION OF FEDERAL CONSULTANT CONTRACT WITH BRACY WILLIAMS & COMPANY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to extend the current contract with Bracy Williams & Company, which expires on April 30, 2001, to September 30, 2001. The contract terms shall include three one-month extensions, beginning October 1, 2001, that can be extended on a month-by-month basis for no longer than December 31, 2001, at the same contract terms, subject to the approval and discretion of the City Manager. DISCUSSION: The City of Fort Worth has maintained a consultant contract with Bracy Williams & Company that provides the City with representation on federal issues in Washington D.C. The City's consultant contract with Bracy Williams & Company requires that the firm provide advice and counsel regarding federal agencies, as well as provide assistance in promoting passage of City Council legislative priorities before Congress and the Administration. The firm provides assistance on grant efforts undertaken by the City of Fort Worth, and interacts with members of Congress, the Administration, Federal Agencies, the National League of Cities, and the U.S. Conference of Mayors, when directed. The terms of the contract extension call for the City to compensate Bracy Williams & Company a monthly retainer fee of $14,117, with monthly reimbursable expenses not exceeding $2,000. On reimbursable expenses, Bracy Williams & Company is required to submit copies of receipts for reimbursement subject to the approval of the City. The current contract expires on April 30, 2001. It is City staffs recommendation that the current contract with Bracy Williams & Company be extended through September 30, 2001, and include three one-month extensions to be executed at the discretion of the City Manager. The contract extension is necessary in order to allow staff and the City Council, during the interim, to review other Washington D.C. firms, including the incumbent firm. The one-month extensions are necessary to ensure continuity and to provide for a transition period in the event staffs recommendation after September 30, 2001 is to change the current Washington D. C. firm, and Congress remains in session after September 30, 2001 considering budget and other legislative issues that could impact the City. It is anticipated that by September 30, 2001, City staff, working with the Mayor and City Council, will complete a review of the qualifications of other Washington D. C. firms, including the firm of Bracy Williams & Company, to determine a recommendation on a Washington D. C. consultant for the next year beginning as early as October 1, 2001, but no later than January 1, 2002. City of Fort Worth, Texas "elgor And Council communlicatio" DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 C-18559 13EXTEND 2 of 2 SUBJECT EXTENSION OF FEDERAL CONSULTANT CONTRACT WITH BRACY WILLIAMS & COMPANY FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 Originating Department Head: Joe Paniagua 6168 (from) APPROVED 4/17/01 GG01 531200 0905500 $80,585.00 Additional Information Contact: Joe Paniagua 6168