HomeMy WebLinkAboutContract 41017 (2)STATE OF TEXAS
COUNTY OF TARRANT
AGREEMENT
( SECRETARY
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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 The Franklin Partnership, L.L.0 , ("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
the 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.
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
these services 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 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. It is expressly understood and agreed that
execution of this Agreement shall terminate the existing Agreement between the parties,
City Secretary Agreement No. 39630, executed on or. bout December 15, 2009. The
relationship between the City and Consultant shall be governed by this Agreement.
The Franklin Partnership, L.L.C.
2010-2011 Legislative Agreement
Page 1 of 8
CITY SECRETARY
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The Franklin Partnership, L.L.C.
2010-2011 Legislative Agreement
Page 2 of 8
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.
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 respondeat 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 an amount not to exceed $14,040.00 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 $2,500.00 for approved expenses. Unless
otherwise agreed to by the parties, payment under this Agreement shall not exceed the
total amount of $170,980.00 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 SEGritiARY
FT. WR ,TX
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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.
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 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 Franklin Partnership, L.L.C.
2010-2011 Legislative Agreement
Page 3 of 8
Consultant:
The Franklin Partnership, L.L.0
Attn: Peter Rose
500 New Jersey Ave., NW, Ste. 400
Washington, DC 20001
U i 4 AL RECORD
CITY S CRETARY
FT. WORTH, TX
The City Attorney and
Governmental Relations
Director 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.
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
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
PERFORMANCE PURSUANT TO THIS AGREEMENT. CONSULTANT SHALL NOT BE
LIABLE FOR ANY DAMAGES OR LOSSES ARISING SOLELY FROM THE CITY'S
NEGLIGENCE, WRONGFUL ACTS, ERRORS, OMISSIONS OR INTENTIONAL
MISCONDUCT.
14.
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.
The Franklin Partnership, L.L.C.
2010-2011 Legislative Agreement
Page 4 of 8
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.
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.
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;
The Franklin Partnership, L.L.C.
2010-2011 Legislative Agreement
Page 5 of 8
tifFICIAL RECORD
CM: SECRETARY
i' 3 r1 ORTH, TX
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 timc equal to the period such party was delayed.
Executed on this �1; day of
FRANKLIN PARTNERSHIP, LLC:
By:
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Pete Roe
Date:
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Attest:
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Marty Hendr`
City Secretary
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2010.
CITY OF FORT WORTH
By a.00't
Karen L. Montgomery
Assistant City Manager
Date: /67?-47/0
Approved as to ,orm and ,Legality:
B
Maleshia 8. Farmer
Assistant City Attorney
Contract Authorization:
M&C: 4k LK0 3
Date Approved: COI SO
The Franklin Partnership, L.L.C.
2010-2011 Legislative Agreement
Page 6of8
The Franklin Partnership, L.L.C.
2010-2011 Legislative Agreement
Page 7 of 8
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 or appropriate City staff
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 appropriate City staff, 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.
6. Consultant will cooperate with the City Manager and the City's Director of
Governmental Relations or appropriate City staff 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 or
appropriate City staff 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 or appropriate City
staff.
9. Consultant will draft speeches, memorandums, position papers, talking points
and/or letters on behalf of the City when appropriate
CITY SECRETARY �
FT. WORTH, TX
10. Consultant will arrange for presentation of Congressional testimony of relevant
issues where appropriate and prepare testimony for such presentations.
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 or appropriate City staff and provide these for use by the City.
12 Consultant will attend and 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 or appropriate City staff.
15 Consultant agrees to generally be available to the Mayor, City Council and City
Manager for additional assignments in Washington, D.0 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.
OFFICIAL RECORD
Y SECRETARY
L Ft WORTH, TX
The Franklin Partnership, L.L.C.
2010-2011 Legislative Agreement
Page 8 of 8
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/5/2010
DATE: Tuesday, October 05, 2010
LOG NAME: 02FRANKLIN2010
SUBJECT:
Authorize the Execution of a Professional Services Agreement in an Amount Not to Exceed $170,980.00
with The Franklin Partnership, L.L.C., for Consultation and Representation on Federal Legislative Issues
REFERENCE NO.: **C-24503
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract in the amount of
$170,980.00 with the Washington, D.0 firm, The Franklin Partnership, L.L.0 , 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 October 1, 2010 to
September 30 2011, with a one-year option to renew under the same terms and conditions.
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 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. The 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.
The proposed contract requires The Franklin Partnership, L.L.C., to provide advice and counsel regarding
federal agencies and commissions as well as provide assistance in promoting passage of federal
legislative initiatives for the City. The term of the contract is from October 1, 2010 to September 30, 2011.
The city shall have the option to renew the contract for one additional year under the same terms and
conditions unless otherwise mutually agreed by the parties. The proposed contract calls for the City to
compensate The Franklin Partnership, L.L.C. at a rate of $14,040.00 per month which represents an
agreed reduction of 10 percent from the monthly retainer under the current contract. In addition, the City
will reimburse The Franklin Partnership, L.L.C. for all reasonable and necessary expenses incurred in the
execution of this contract. The Franklin Partnership, L.L.C., will submit copies of receipts for
reimbursement subject to the approval of the City. The approved reimbursable expenses shall not exceed
$2,500.00 for the term of the contract.
The Franklin Partnership, L.L.C., has a current contract with the City to provide federal consulting services
that expires on November 30, 2010. By execution of the new contract authorized by this M&C, the current
contract shall be terminated and all rights and obligations of the City and The Franklin Partnership, L.L.C.,
shall be governed by the new contract
FISCAL INFORMATION / CERTIFICATION:
http://apps.cfwnet.org/ecounciUprintluc.asp?id=14165&print=true&DocType=Print 10/26/2010
Page 2 of 2
The Financial Management Services Director certifies that upon approval of the above recommendation
and adoption of the proposed Fiscal Year 2011 budget, funds will be available in the Fiscal Year 2011
Budget as appropriated of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0029000 $170,980.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. fundingverifcation.pdf (CFW Internal)
Karen Montgomery (6222)
Reid Rector (1296)
Evonia Daniels (7504)
http ://apps.cfwnet org/ecouncil/printmc.asp?id=14165&print--true&DocType=Print 10/26/2010