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HomeMy WebLinkAboutContract 40997STATE OF TFXAS COUNTY OF TARRANT 4 9 AGREEMENT C.»TlACT. This Agreement ("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 HiIICo Partners, LLC ("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 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 Agreement. More specifically, Consultant agrees to perform the personal services described in Exhibit "A," which is attached hereto and made a part of this Agreement for all purposes. 2. Term of Agreement This Agreement shall begin October 1, 2010 and terminate September 30, 2011 ("Initial Term"), unless terminated sooner as provided herein. The City shall have the option to renew and extend this Agreement for one year, with the period beginning October 1, 2011, and terminating on September 30, 2012 ("Renewal Term"). The terms and conditions of this Agreement are subject to re -negotiation upon mutual consent of both parties at the time of such renewal. 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. For purposes of this Agreement, the term City Manager shall include the City Manager and his or her designee. 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 or appropriate City staff.. } lillCo Partners, LLC 2010-201 1 Legislative Agreement Page 1 of 8 i0-22-iU AAO :16 IN • • OFFICIAL RECORD CITY SECRETARY FtWORTH, TX 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, its officers agents, employees, and subconsultants, and the doctrine of respondent superior shall have no application as between the City and Consultant. 5. Payment, Expenses & Travel In full payment and consideration for all services provided hereunder, the City shall pay Consultant art amount not to exceed $5 000.00 per month. It is understood that said payments are due and payable by City upon receipt of an invoice from Consultant. For the Initial Term, and the Renewal Term the City shall reimburse Consultant an amount not to exceed $1,000.00 for approved expenses. Unless otherwise agreed to by the parties, payment under this Agreement shall not exceed the total amount of $61,000.00 for services and expenses. 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 the City may terminate this Agreement 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 Agreement 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 Agreement 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 HiIICo Partners, LLC 2010-2011 Legislative Agreement Page 2 of 8 8. Conflict of Interest & Other Clients Consultant shall inform the City of any other municipalities or counties or transit agencies it represents and any other of its clients that might represent a potential conflict of interest If the City, in 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. 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 or the Federal District courts of the Northern District of 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 Agreement including any renewal periods, then the City will immediately notify Consultant of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropnations 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 HillCo Partners, LLC 2010-2011 Legislative Agreement Page 3 of 8 Consultant: HiIICo Partners, LLC 823 Congress Ave. Suite 900 Austin, Texas 78701 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. 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. 13. Liability CONSULTANT SHALL INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, LAWSUITS, DAMAGES, LOSSES, JUDGMENTS AND LIABILITIES, ARISING FROM CONSULTANT'S OWN NEGLIGENCE, WRONGFUL ACTS ERRORS, OMISSIONS, OR INTENTIONAL MISCONDUCT AS A RESULT OF CONSUTLANT'S P ERFORMANCE PURSUANT TO THIS AGREEMENT CONSULTANT SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING SOLELY FROM THE CITY'S N EGLIGENCE, WRONGFUL ACTS, ERRORS, OMISSIONS OR INTENTIONAL MISCONDUCT. 14. Entirety of Agreement This Agreement shall be the entire, full and complete agreement between the P arties concerning the subject matter hereof and shall supersede all prior agreements. There are no valid or binding representations, inducements, promises or agreements, oral or otherwise, 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. 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. HilICo Partners, LLC 2010-2011 Legislative Agreement Page 4of8 15. 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 16. 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. 17. 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 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. 18. 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. Hi11Co Partners, LLC 2010-2011 Legislative Agreement Page 5 of 8 19. 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; o r any other circumstances which are reasonably beyond the control of the party o bligated 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 n ot, 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 [Remainder Intentionally Left Blank] day of Ottoaw1 > , 2010. HILLCO PARTNERS, LLC: By: craM\L. ,eti1/4(21, Name: -Rawl;S+��z rWuMctP ci,�Ka-Q �b- Date: t. (7 - ' � C� Attes I/n�JJJ2»L 1charty Hendrix City Secretary ,c).•<>4 if OR pf 0000 tjPLS4iY atuLtu.tiNstactr HMCo Partners, LLC 2010-201 1 Legislative Agreement Page 6of8 CITY OF FORT WORTH: By Aar) Karen L. Montgomery Assistant City Manager Date: /0/0-0 f /D Approved a By: Maleshia B. Farmer Assistant City Attorney m and Legality: Contract Authorization: M&C: �:d t/60/ Date Approved: /a -3 - aIO OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" SCOPE OF SERVICES 1. Consultant 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. During the legislative session (2011), Consultant will work with City staff to ensure attendance at relevant interim committee meetings or hearings and legislative committee meetings or hearings and ensure that appropriate written reports are prepared. 3. Consultant will inform the City (generally by contacting the 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. Consultant will assist the City Manager and other designated city staff in the development and coordination of the city's legislative program. 5. Consultant will generally cooperate with City Manager to promote the passage of proposed legislative initiatives included in the City Council adopted legislative agenda/packet, in cooperation with City representatives. Consultant will assist, when requested, in acquiring sponsors for bills in the packet. 6. Consultant will assist the City Manager and other designated city staff in defeating any legislation amendments to legislation, appropriation or other action by the Texas Legislature that will erode, weaken, decrease or take away the City's authority to govern the municipal affairs of the City or that is detrimental to the interests of the City of Fort Worth. 7. Consultant will assist the City Manager and other designated city staff in the review and analysis of pending and proposed legislation as well rule proposals by state regulatory agencies, and provide the City with notification on issues of interest or concern on a proactive basis 8. Consultant will assist the City Manager and other designated city staff in the development and evaluation of strategies for the support, defeat or amendment of pending legislation, policy, rules and funding opportunities. 9. Consultant will assist the City Manager and other designated city staff in the presentation of regular oral and written reports to the City Council and other stakeholders, as well as provision of requested reports on legislative action. HiIICo Partners, LLC 2010-2011 Legislative Agreement Page 7 of 8 10. Consultant will assist the City Manager and other designated city staff periodically with logistical support for City Council members, City Management, City staff and the staffs thereof while said are in Austin attending conferences or public hearings and or meetings. 11. Consultant will inform the City (generally by contacting City Manager or his/her designee) of any legislative initiatives felt to be possibly detrimental to the interests of the City, the City's Comprehensive Plan or the City's State Legislative Agenda as he/she becomes aware of any such initiative. 12. Consultant will promote working relationships and goodwill between the City and members of the Legislature, the Executive Branch, state agency leadership, state Commission leadership, state board leadership and the staffs thereof, with particular emphasis on House and Senate leadership key committee chairs and members, the Tarrant County delegation and members of state agencies state commissions and state boards. 13. Consultant will assist in introducing City Manager or his/her designee to members of the Legislature and staff members, in particular the leadership and members of the Tarrant County legislative delegation and members of state agencies state commissions and state boards. 14. Consultant will provide advice and counsel to City Manager or his/her designee, City Council or other city staff regarding legislative strategy and provide such background information as proponents, opponents, attitude of key legislators, and positions of related entities. 15. When requested by City Manager or his/her designee, Consultant will, communicate with written memorandum or telephonically, summarize contacts made with state legislators, state agency leadership, state board leadership and key staff on behalf of the City. As the need arises, he/she will discuss with City Manager or his/her designee coverage of key legislative committee hearings/meetings state agency hearings/meetings, state board hearings/meetings and proposer will attend hearings/meetings upon request, as necessary and possible. 1!Co Partners, LLC 2010-2011 Legislative Agreement Page 8 of 8 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/5/2010 DATE: Tuesday, October 05, 2010 REFERENCE NO.: **C-24504 LOG NAME: 02HILLCO2010 SUBJECT: Authorize the Execution of a Professional Services Agreement with HillCo Partners, LLC, in an Amount Not to Exceed $61 000.00 for Consulting Services Related to State Legislative Issues and Concerns RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement in the amount of $61,000.00 with HillCo Partners, LLC, for professional services involving consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, State agencies, State boards and State commissions, and the Office of the Governor. The term of the contract will be from October 1, 2010 to September 30, 2011 with an option to renew for one—year under the same terms and conditions. DISCUSSION: The City anticipates that legislation important to the City will be considered during the 2011 Texas Legislative Session. More so than any other session, local laws and local issues related to city governance are expected to be addressed by the Legislature that could have a lasting impact on how cities are developed_ and funded. It is the recommendation of the staff that the City hire additional legislative expertise to help with the City's 2011 State Legislative Program. Included in that program are initiatives that are critical to the City's future such as working to defend the City's interests regarding the anticipated state budget shortfall, unfunded mandates, condemnation, eminent domain, the Sunset process, and others. In addition, there are other important issues that are vital to the future of theCity, (e.g., the regional transportation initiative and funding, air quality and regional water supplies) that will be under consideration. To help communicate the City's position regarding -these issues to the members of the Legislature, Speaker of the House, Lieutenant Governor and Governor, staff recommends entering mto a contract with HillCo Partners, LLC, a major legislative consulting firm in Austin:_ The proposed agreement requires that Hillco Partners, LLC, provide advice and counsel on legislative issues including assisting the City rn 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 The term of the proposed contract will be from_October 1, 2010 and continue until September 30, 2011. The City shall have the option to renew for an additional one --year term under the same terms unless otherwise mutually agreed by the parties, The contract requires the City to compensate Hillco Partners LLC at a rate of $5,000.00 per month In addition, the City will reimburse HillCo Partners, LLC for approved expenses incurred m connection with the performance of its duties and responsibilities under its contact with the City. The approved reimbursable expenses shall not exceed $1,000.00 for the term of the contract. FISCAL INFORMATION: The Financial Management Services Director certifies that upon approval of the above recommendation, funds will be 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 bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. fundineverifcation.ndf FROM Fund/Account/Centers GG01 531200 0029000 $61.000.00 Karen Montgomery (6222) Reid Rector (1296) Evonia Daniels (7504)