HomeMy WebLinkAboutContract 39362 v=C°RETAR'V
',ONTFo�,CT NO 3J 13
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, and
Walter Fisher & Associates, ("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 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.
2.
Term of Contract
This contract shall begin September 1, 2009, and terminate August 31, 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.
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, is o 1c
Walter Fisher `
2009-2010 Legislative Contract
Page 1 of 6
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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 $3,350 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 under this contract shall not
exceed the total amount of$40,200.00
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 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.
Walter Fisher
2009-2010 Legislative Contract
Page 2 of 6
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: Consultant:
City of Fort Worth Walter Fisher
Attn: City Manager Walter Fisher and Associates
1000 Throckmorton 1122 Colorado, Suite 210
Fort Worth, TX 76102 Austin, Texas 78701
with copies to:
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
Walter Fisher
2009-2010 Legislative Contract
Page 3 of 6
intended audits.
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
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
Walter Fisher
2009-2010 Legislative Contract
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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 of 2009.
CONSULTANT: CITY OF FORT WORTH
By:
Walter Fisher Karen L. Montgomery
Assistant City Manager
Date: �0 • r3 ° l"1 Date: /O4a.o /0 1
Attest: Approved s to Form and Legality:
Marty Hendri Maleshia 6. Farmer
City Secretary Assistant City Attorney
Contract Authorization:
M&C: 0--a3i-11 J
Date Approved: io -6-oy
OFFICIAL RECORD"',
Walter Fisher CITY
2009-2010 Legislative Contract i�,
Page 5 of FT. WOIRTH, 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 interim (2010), Consultant will work with City staff to
ensure attendance at relevant interim 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 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. Consultant will assist in introducing the 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. Consultant will provide advice and counsel to the 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, Consultant 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 the City Manager
coverage of key committee hearings/meetings, and Consultant will attend
hearings/meetings as necessary and possible.
Walter Fisher
2009-2010 Legislative Contract
Page 6 of 6
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/6/2009
DATE: Tuesday, October 06, 2009 REFERENCE NO.: **C-23820
LOG NAME: 02FISHER2009
SUBJECT:
Authorize the Retroactive Execution of a Professional Services Contract in an Amount Not to Exceed
$40,200.00 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 in the amount of
$40,200.00 with Walter Fisher for professional 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 retroactive to September 1, 2009, and continue until August 31,
2010.
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 Walter Fisher(Mr.
Fisher)for these services expired on August 31, 2009.
Mr. 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 and the interim session. The term of the contract will be retroactive to
September 1, 2009, and continue until August 31, 2010. The contract requires the City to compensate Mr.
Fisher at a rate of$3,350.00 per month which represents an agreed reduction of 33 percent from the
monthly retainer under the previous contract which expired August 31,2009.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0029000 $40,200.00
http://apps.cfwnet.org/ecouncil/printrnc.asp?id=12346&print=true&DocType=Print 10/19/2009
Page 2 of 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Reid Rector (1296)
Additional Information Contact: Evonia Daniels (7504)
ATTACHMENTS
1. m&cfundlog2.pdf (CFW Intemal)
http://apps.cfwnet.org/ecouncil/printTnc.asp?id=12346&print=true&DocType=Print 10/19/2009