HomeMy WebLinkAboutContract 39630STATE 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, and
The Franklin Partnership, I.L.C. ("Franklin"), ("Consultant"), the person or entity whose
personal services are to be retained hereunder, individually referred to as a "party,"
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 before members of the United States Congress, officials of
federal administrative agencies, and the White House Administration during the term of
this contract. More specifically, Consultant agrees to perform the personal services
described in Exhibit "A", which is attached hereto and made a part of this contract for all
purposes.
In addition to the above services, Consultant will as a matter of course, make
travel arrangements for City officials and/or individuals designated by the City as acting
on behalf of the City's interests when visiting Washington, D.C.
Consultant further agrees that Pete Rose shall act as the principal performing
this search and will be the City's point of contact for Consultant. Consultant shall not
replace the principal without the prior written approval of City.
2.
Term of Contract
This contract shall begin December 1, 2009, and terminate November 30, 2010,
unless terminated sooner as provided herein.
3.
Point of Contact
Consultant agrees to cooperate with the City's Director of Governmental
Relations and the City Manager, who shall relate to Consultant requests from the City.
Consultant 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. Consultant will coordinate all responses or actions taken --on
the City's behalf through the Director of Governmental Relations, OFFICIAL RECORD
The Franklin Partnership L.L.C. CITY SECRETARY
2009-2010 Legislative Contract Revised 11 1109 FT. WORTH TX
Page 1 of 7 9
4.
Independent Contractor Status
Consultant shall perform all work and services hereunder as an independent
contractor and not as an officer, agent, servant or employee of the City. Consultant 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 Consultant, his 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 furnished and expenses
incurred hereunder, Consultant shall be paid an amount not to exceed $15,600.00 per
month. It is understood that said payments are due and payable by City upon receipt of
an invoice from Consultant.
Unless otherwise agreed to by the parties, payment for services and expenses
under this contract shall not exceed the total amount of $187,200.00
6.
Termination
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 Consultant. Upon termination, all products prepared by Consultant
hereunder whether completed 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 contract 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 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.
Conflict of Interest &Other Clients
Consultant 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 Consultant and the City and resolved to the satisfaction of the
City.
Consultant shall comply with Section 305.028 of the Texas Government Code.
The Franklin Partnership L.L.C.
2009-2010 Legislative Contract Revised I I 11 09
Page 2 of 7
9.
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.
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 contract, then the City will immediately notify Consultant 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.
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:
City of Fort Worth
Attn: City Manager
1000 Throckmorton
Fort Worth, TX 76102
with copies to:
The City Attorney and
Governmental Relations
Director at the same address
Consultant:
The Franklin Partnership, L.L.C.
Attn: Pete Rose
500 New Jersey Ave., NW, Ste 400
Washington, DC 20001
with copies to:
Pete Rose at the same address
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.
The Franklin Partnership L.L.C.
2009-2010 Legislative Contract Revised 11 1 109
Page 3 of 7
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.
Consultant further agrees to photocopy any audit related documents as may be
requested by the City. The City agrees to reimburse Consultant for the costs of the
copies at the rate published in the Texas Administrative Code in effect as of the time
copying is performed.
13.
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 other wise, 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.
14.
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. 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.
15.
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.
16.
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
The Franklin Partnership L.L.C.
2009-2010 Legislative Contract Revised 11 1 109
Page 4 of 7
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.
17.
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.
18.
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.
Executed on this day of200g.
CONSULTANT:
THE F ANKL�1�1 PARTNER7I�IP L.L.C.
Y:
Date:
CITY OF FORT WORTH
Assistant City Manager
�. - /
Attest:: Approved to Form and Legality:
Marty Hen ix o�"��a Maleshia B. Farmer
City Secretary pvp� 0000 Assistant City Attorney
00
pL-Yro °o','�Contract Authorization:
�0 o a x� M&C:
OX*00e moo° -K,dd Date Approved:
The Franklin Partnership L1St(kh9F`���4�
2009-2010 Legislative Contract �ft�1i►M�7 ] 09
Page 5 of 7
RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A"
Scope of Services
1. Consultant shall assist in the development of and shall ultimately provide in
writing a list of the City's legislative priorities, including the annual development
of a comprehensive set of City position papers. In addition, Consultant shall
provide the City's Director of Governmental Relations with weekly oral reports
and provide City Council monthly written reports which detail the activities
undertaken by Consultant in Washington, D.C. Consultant will also provide any
additional written reports as requested by the City's Director of Governmental
Relations or the City Manager. The emphasis of the monthly reports should be
on activities undertaken by Consultant regarding those issues considered the
priorities for the City as identified by the adopted federal legislative program or by
City Council resolution. Consultant will also report in person in Fort Worth when
deemed necessary by the City Manager.
2. Consultant 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. Consultant will provide advice, counsel, liaison, and intervention with those
federal agencies that 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.
4. Consultant will act as a liaison to the White House on behalf of the City where
appropriate.
5. Consultant will cooperate with the City Manager and the City's Director of
Governmental Relations to develop and produce the City's legislative initiatives
and agendas.
6. Consultant will provide advice and counsel and develop strategy in conjunction
with the City Manager and the City's Director of Governmental Relations and
provide background information such as proponents, opponents, attitudes of key
members of Congress, and positions of related entities.
7. Consultant will inform the City of any legislative or administrative initiatives
identified as being possibly detrimental to the interest of the City as he becomes
aware of any such initiative.
8. Consultant will provide assistance to City officials in interpreting federal
regulations and filing comments where appropriate and when directed by the City
Manager or the City's Director of Governmental Relations,
9. Consultant will draft speeches, memorandums, position papers, talking points
and/or letters on behalf of the City when appropriate.
10. Consultant will arrange for presentation of Congressional testimony of relevant
issues where appropriate and prepare testimony for such presentations.
The Franklin Partnership L.L.C.
2009-2010 Legislative Contract Revised 1 I I 1 09
Page 6 of 7
11. Consultant will conduct research and prepare reports on selected federal topics
as requested by the City Manager or the City's Director of Governmental
Relations and provide these for use by the City.
12. Consultant will attend Cl" represent the interests of the City in periodic meetings
of city organizations such as the National League of Cities and Others.
Consultant will provide assistance to members of the City Council that serve on
boards or committees associated with these organizations.
13. Consultant will assist in providing notices and information on federal grant
opportunities including opportunities not advertised through the public notice
process, will assist in obtaining grant applications for the City, and will assist in
facilitating favorable consideration of City grant applications with the various
federal agencies. Consultant will coordinate Congressional letters of support
from the Texas Congressional Delegation for City grant requests.
14. Consultant will respond to requests made by the Mayor and the Chairman of the
Legislative and Intergovernmental Affairs Committee, and will coordinate all
responses or actions taken through the City Manager and the City's Director of
Governmental Relations.
15. Consultant agrees to generally be available to the Mayor, City Council and City
Manager for additional assignments in Washington, D.C. as may be necessary.
16. Consultant will maintain periodic contact with the City Manager or his designee in
a manner consistent with Section 1 of this Exhibit summarizing activities
undertaken in Washington, D.C. on behalf of the City.
The Franklin Partnership L.L.C.
2009-2010 Legislative Contract Revised I I I 1 09
Page 7 of 7
Page 1 of 2
City of Fort Worth, Texas
•: • •
�] i"�i"i
U Cl I Cclt I O 1'1
COUNCIL ACTION: Approved on 12/8/2009
DATE: Tuesday, December 08, 2009 REFERENCE NO.: C-23954
LOG NAME: 02FRANKLIN2009
SUBJECT:
Authorize the Execution of a Professional Services Contract in an Amount Not to Exceed $187,200.00 with
the Franklin Partnership, L.L.C., for Consultation and Representation on Federal Issues
[i�_ •uu ►�_ �►
It is recommended that the City Council authorize the City Manager to execute a contract in the amount of
$187,200.00 with the Washington, D.C., firm, The Franklin Partnership, L.L.C., for professional services
involving consultation and representation before the Congress of the United States, United States Federal
agencies and the White House Administration. The term of the contract will be from December 1, 2009, to
November 30, 2010.
DISCUSSION:
Since 2004, the City of Fort Worth has maintained a service contract with The Franklin Partnership, L.L.C.,
that provides the City with legislative consulting services in Washington, D.C. This service is vital in order
to maximize the City's success in obtaining federal funding and favorable legislation regarding economic
development, housing, transportation, homeland security, air quality, health and human services and
public safety. The consulting firm employs research and intelligence gathering efforts, utilizes an
understanding of the intricacies of the policy making process, the formulation of persuasive arguments
and builds relationships with key decision makers in order to achieve the City's desired outcomes.
The proposed contract calls for the City to compensate The Franklin Partnership, L.L.C., at a rate of
$15,600.00 per month which represents an agreed reduction of 20 percent from the monthly retainer
under the previous contract with expired November 20, 2009. The term of the contract is from December
1, 2009, to November 30, 2010. The proposed contract calls for the City to compensate The Franklin
Partnership, L.L.C., at a rate of $15,600.00 per month, which represents an agreed reduction of 20
percent from the monthly retainer under the previous contract which expired on November 30, 2009.
The firm of The Franklin Partnership, L.L.C., employs research and intelligence gathering efforts, that
utilizes an understanding of the intricacies of the policy making process, the formulation of persuasive
arguments and builds relationships with key decision makers in order to achieve the City's desired
outcomes.
Franklin Partnership, L.L.C., works with the Mayor, City Council, City Manager's office and City staff in
developing and carrying out the City of Fort Worth's federal program; and in that respect, assists city staff
in addressing many federal legislative initiatives that are critical to the City's future. Specifically, the
Franklin Partnership has been instrumental regarding the following successful appropriations efforts:
. FY10 Omnibus Appropriations
o $2,000,000.00 -Interstate Highway 35 Congestion Relief
■ Status: Senate Transportation/HUD bill passed Committee in July)
o $425,000.00 -Early Childhood Matters
. Status: House Labor/HHS bill passed House in July)
. FY09 Omnibus Appropriations
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12714&print=true&DocType=Print 12/16/2009
Page 2 of 2
o $1,805,000.00 -Interstate Highway 35W Congestion Relief
o $285,000.00 -Early Childhood Matters Initiative
. FY08 Omnibus Appropriations
o $1,000,000.00 -Pre-Disaster Mitigation
o $350,000.00 -Interstate Highway 35W Congestion Relief
o $285,000.00 -Early Childhood Matters
In addition to recent appropriations efforts, The Franklin Partnership, L.L.C., was also instrumental in
securing an additional $7,387,000.00 in appropriations for Fiscal Years 2004, 2005 and 2006.
The term of this contract shall be for a period of one year beginning December 1, 2009, and expiring
November 30, 2010.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Systems Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bar:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. m&cfundlog.pdf (CFW Internal)
FROM Fund/Account/Centers
GG01 531200 0029000
Karen Montgomery (6222)
Reid Rector (1296)
Evonia Daniels (7504)
$187,200.00
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12714&print=true&DocType=Print 12/16/2009