HomeMy WebLinkAboutContract 36278 (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 HiIICo Partners, LLC ("HiIICo"), 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), HiIICo agrees to represent the City concerning legislative and
administrative matters before members of the Texas Legislature and officials of
state administrative agencies and boards, both during the official sessions of the
Texas Legislature and at other times during the term of this contract, upon
request of City. More specifically, HiIICo 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 January 1, 2008, and terminate December 31,
2008, unless terminated sooner as provided herein.
3.
HiIICo agrees to cooperate with the City's Director of Governmental
Relations and the City Manager, who shall relate to HiIICo requests from the City.
HiIICo 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. HiIICo will coordinate all responses or
actions taken on the City's behalf through the Director of Governmental
Relations.
OFFINAI NNE
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4.
HillCo shall perform all work and services hereunder as an independent
HillCo and not as an officer, agent, servant or employee of the City. HillCo 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 its officers, agents, employees, and subconsultants. Nothing herein
shall be construed as creating a partnership or joint enterprise between the City
and HillCo, its officer's agents, employees, and subconsultants, and the doctrine
of respondent superior shall have no application as between the City and HillCo.
5.
In full payment and consideration for all services furnished to the City and
subject to the termination provisions set out in Section Six (6) of this agreement,
HillCo shall be paid $7,500 per month during the term of this contract. It is
understood that said payments are due and payable by City upon receipt of an
invoice from HillCo.
In addition to this amount, HillCo shall be reimbursed for the reasonable
cost of travel, meals and lodging which HillCo incurs when the City Manager or
its designee requests that HillCo travel in the performance of services
reasonably related to this contract, and HillCo shall submit invoices for such
expenses, supported by adequate records and statements for an amount not to
exceed $ 3,000 for the term of this contract.
6.
The City may terminate this Agreement at any time for breach of this
Agreement by providing a 10-day written notice or without cause by providing a
30-day written notice to HillCo. Upon termination, all products prepared by
HillCo hereunder shall become the property of the City, and HillCo 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, HillCo shall provide the City
with copies of all completed or partially completed documents prepared under
this Agreement. City agrees to reimburse HillCo for the cost of such copies at
the rate published in the Texas Administrative Code in effect as of the time
copying is performed.
HillCo shall comply with Section 305.028 of the Texas Government Code.
7.
HillCo 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.
HillCo 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 HillCo 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 HillCo 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: HiIICo:
City of Fort Worth HillCo Partners, LLC
Attn: City Manager Attn: Snapper Carr
1000 Throckmorton 823 Congress Ave. Suite 900
Fort Worth, TX 76102 Austin, TX 78701
with copies to: with copies to:
The City Attorney and HillCo Partners, LLC
Governmental Relations 823 Congress Ave. Suite 900
Director at the same address Austin, TX 78701
12.
HillCo 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. HillCo agrees that the City shall have
access during normal working hours to all necessary HillCo 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 HillCo
reasonable advance notice of intended audits.
HillCo 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 &hday of bje 200
-7
ATTEST: CITY OF FORT WORTH
f*"*VNajBy:
City Secretary Assis ant ity 4anager
APPROVE S TO FO AND LEGALITY:
Assist Ant City t orney Snapper ,rr, Hill to Partners, LLC
M+C(;ZC01
C 2 2 2%(a
Date: Date: / I lo,
EXHIBIT "A"
Scope of Services
1. HillCo 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. HillCo will generally cooperate with City Manager to promote the
passage of proposed legislative initiatives included in the City Council adopted
legislative agendalpacket, in cooperation with City representatives. HillCo will
assist, when requested, in acquiring sponsors for bills in the packet.
3. HillCo will inform the City (generally by contacting City Manager) of
any legislative initiatives felt to be possibly detrimental to the interests of the City,
as he becomes aware of any such initiative.
4. HillCo will promote working relationships and goodwill between the
City and members of the Legislature, the Executive Branch, and the staffs
thereof, with particular emphasis on House and Senate leadership, key
committee chairs and members, the Tarrant County delegation and members of
agencies, commissions and boards.
5. HillCo will assist in introducing City Manager to members of the
Legislature and staff members, in particular the leadership and members of the
Tarrant County delegation and members of agencies, commissions and boards.
6. HillCo will provide advice and counsel to City Manager regarding
legislative strategy and provide such background information as proponents,
opponents, attitude of key legislators, and positions of related entities.
7. When requested by City Manager, HillCo will, communicate with
written memorandum or telephonically, summarize contacts made with
legislators and key staff on behalf of the City. As the need arises, he will discuss
with City Manager coverage of key committee hearings/meetings, and HillCo will
attend hearings/meetings as necessary and possible.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2007
DATE: Thursday, August 09, 2007
LOG NAME: 02HILLCO REFERENCE NO.: **C-22286
SUBJECT:
Authorize Adjustment of Contract with HillCo Partners, LLC, for Consulting Services Related to
State Legislative Issues and Concerns (M&C C-21905)
RECOMMENDATION:
It is recommended that the City Council approve the correction of M&C C-21905 authorizing the City
Manager to execute a contract with HillCo Partners, LLC, for consulting services relative to state legislative
issues for an initial term of twelve months from January 1, 2007 to December 31, 2007, at an annual cost of
$90,000 (instead of $84,000) plus up to $3,000 per contract term for reimbursables with a one year option
to renew under the same terms and conditions.
DISCUSSION:
On December 19, 2006, (M&C C-21905) Council authorized a contract with HillCo Partners, LLC, for
consulting services relative to state legislative issues for an initial term of twelve months from January 1,
2007 to December 31, 2007, at an annual cost of $84,000 with a one-year option to renew under the same
terms and conditions. Subsequently, staff recommended execution of City Secretary Contract No. 35196
which provides for payments of$7,500 per month plus reimbursables up to $3,000 per year. Therefore, it is
requested that M&C C-21905 is corrected to authorize an annual contract cost of$90,000 plus up to $3,000
per year for reimbursables.
The contract requires that HillCo Partners, LLC, provide advice and counsel on legislative issues including
assisting the City in the passage of legislative initiatives that are proposed and identified as part of the City's
legislative program. HillCo Partners, LLC, will also assist in defeating legislation that is detrimental to the
City of Fort Worth as determined by City Council policy. Principals from the firm of HillCo Partners, LLC,
who will be primarily responsible for carrying out the duties of the firm under the contract are Brandon
Aghamalian, Snapper Carr and Vilma Luna.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds in the amount of $69,750 are available in the current operating
budget. The remaining balance must be approved in FY 2007-2008.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0905500 $69,750.00
Submitted for City Manager's Office by: Joe Paniagua (6191)
Originating Department Head: Reid Rector (1296)
Additional Information Contact: Evonia Daniels (7504)
Logname: 02HILLCO Page 1 of 1