HomeMy WebLinkAboutContract 36277 (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 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 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
contract. More specifically, Fisher 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 September 1, 2007, and terminate August 31,
2008, unless terminated sooner as provided herein. In addition, the City shall
have the option to renew and extend this contract for the period beginning
September 1, 2008, and terminating on August 31, 2009, under the same terms
and conditions as provided herein. The City shall provide Fisher written notice of
the exercise of such option not less than thirty (30) days prior to the expiration of
the initial one-year term.
3.
Fisher agrees to cooperate with the City's Director of Governmental
Relations and the City Manager, who shall relate to Fisher requests from the
City. Fisher 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. Fisher will coordinate all responses or
actions taken on the City's behalf through the Director of Governmental
Relations. -- �
iflv1,"
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 subconsultants. Nothing
herein shall be construed as creating a partnership or joint enterprise between
the City and Fisher, his officers agents, employees, and subconsultants, 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 hereunder
Fisher shall be paid $5,000 per month. It is understood that said payments are
due and payable by City upon receipt of an invoice from Fisher.
In addition to this amount, Fisher shall be reimbursed for the reasonable
cost of travel, meals and lodging which Fisher incurs when the City Manager or
his designee requests that Fisher travel in the performance of services
reasonably related to this contract, and Fisher shall submit invoices for such
expenses, supported by adequate records and statements for an amount not to
exceed $5,000 for the term of this contract.
6.
The City may terminate this Agreement at any time for breach of this
Agreement by providing a ten (10) day written notice or without cause by
providing a thirty (30) day written notice to Fisher. Upon termination, all products
prepared by Fisher hereunder shall become the property of the City, and Fisher
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, Fisher
shall provide the City with copies of all completed or partially completed
documents prepared under this Agreement. City agrees to reimburse Fisher for
the cost of such copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
Fisher shall comply with Section 305.028 of the Texas Government Code.
7.
Fisher 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, except as such disclosure may be required by law.
8.
Fisher 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 Fisher 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 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, or such other party or address as either party
designates in writing, by certified mail, postage prepaid, or by hand delivery:
City: Fisher:
City of Fort Worth Walter Fisher
Attn: City Manager Walter Fisher and Associates
1000 Throckmorton
Fort Worth, TX 76102 Austin, TX 78701
with copies to: with copies to:
The City Attorney and Walter Fisher
Governmental Relations ,-Ste #214)- `liI
Director at the same address 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 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 1st day of September, 2007.
FISHER CITY OF FORT ORTH
By:
alter Fisher Assi nt City Manager
Attest: Apqroved ttorm egality:
City Secretary Assi tant City Abbrney
WC
offilch-."I MUD
OR �Ilcgffiply
FT. 001 L.
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 rules and regulations that impact the City.
2. Development of City Agenda. Beginning in February of even-numbered
years before each regular 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 delegations, 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 Direct or 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 delegations, 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
contracts 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 of City officials and/or individuals
designated by the City who are traveling to Austin, Texas on official City
business.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/28/2007
DATE: Tuesday, August 28, 2007
LOG NAME: 02FISHER REFERENCE NO.: **C-22338
SUBJECT:
Authorize Execution of a Personal Services Contract with Walter Fisher for Consultation and
Representation on State Issues Before the Texas State Legislature, State Agencies and the Office
of the Governor
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 September 1, 2007 to August 31, 2008, with a one year option to renew under the same terms and
conditions.
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 August 31, 2007.
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, Mr. Fisher is especially effective in working with the elected
officials and the professional staff of the Texas Senate, and he 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 September 1, 2007 to August 31, 2008 with a one
year option to renew. The proposed contract, like the existing contract, 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 reimbursable expenses shall not exceed $ 5,000 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.
Logname: 02FISHER Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds required for these expenditures are included in the City Manager's
FY 2007-2008 Proposed Budget of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0905500 $65,000.00
Submitted for City Manager's Office by: Joe Paniagua (6191)
Originating Department Head: Reid Rector (1296)
Additional Information Contact: Evonia Daniels (7504)
Logname: 02FISHER Page 2 of 2