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HomeMy WebLinkAboutContract 30988 CITY SECRETARY CONTRACT NO. 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 the firm of Williams, Mullen, Clark, & Dobbins, P.C. ("Williams"), whose professional 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 paragraph 5, Williams 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, Williams 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 July 1, 2004, and terminate November 30, 2005, unless terminated sooner as provided herein. In addition, City shall have the option to renew and extend this contract for the period beginning December 1, 2005, and terminating on Nov 30, 2006, under the same terms and conditions as provided herein. City shall give Williams written notice by certified mail of the exercise of such option not less than thirty (30) days prior to the expiration of the initial term hereof. 3. Williams agrees to cooperate with the City's Director of Governmental Relations and the City Manager, who shall relate to Williams requests from the City. Williams will respond to requests made by the Mayor, the Chair of the Government and Neighborhood Relations Committee, the City Manager, and the City's Director of Governmental Relations. Williams will coordinate all responses or actions taken on the City's behalf through the Director of Governmental Relations. 4. Williams shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Williams shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and Williams, its officers, agents, employees and subconsultants, and the doctrine of respondent superior has no application as between the City and Williams. 5. In full payment and consideration for all services furnished hereunder, and subject to the termination provisions set out in paragraph 6 of this agreement, Williams shall be paid a retainer of $14,000.00 per month throughout the term of this contract. It is understood that said payments are due and payable on the first of each month subject to receipt of an invoice from Williams by the City. In addition to this amount, Williams shall be reimbursed for the reasonable expenses not to exceed $1000.00 per month subject to the approval of the City. Williams shall submit an invoice and a copy of all related receipts to the City for reimbursement. The reimbursement of travel expenses are limited to travel to and from Fort Worth. Williams shall be reimbursed for the reasonable cost of travel, meals, and lodging which Williams incurs when the City Manager or his designee requests that Williams travel to Fort Worth in the performance of services related to this contract. Williams shall submit invoices for such expenses, supported by a copy of all related receipts to the City for reimbursement. Williams also agrees to attend, at its own expense, the annual conferences of the National League of Cities (NLC) including both the Congress of Cities and the Congressional City Conference and the annual meeting of the U. S. Conference of Mayors. 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 Williams. Upon termination, all products prepared by Williams hereunder shall become the property of the City, and Williams 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, Williams shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. City agrees to reimburse Williams for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 7. Williams 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, Williams shall provide the City's Director of Governmental Relations with weekly verbal reports and provide Council monthly written reports which detail the activities undertaken by Williams in Washington, D.C. Williams 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 Williams regarding those issues considered the priorities for the City as identified by the adopted federal legislative program or by City Council Resolution. Williams will also report in person in Fort Worth when deemed necessary by the City Manager. 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. -- 47 _ l U, 8. In addition to the above services and those articulated in Exhibit "A" of this agreement, Williams will as a matter of course, make travel arrangements for City officials and/or individuals designated by City as acting on behalf of City interests when visiting Washington, D.C. 9. Williams 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 Williams and the City and resolved to the satisfaction of the City. 10. 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. 11. 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 Williams 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. 12. 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: Owner: City of Fort Worth Williams, Mullen, Clark, & Dobbins, P.C. Attn: City Manager Attn: Pete Rose, Vice President 1000 Throckmorton 1666 K Street, NW, Suite 1200 Fort Worth, TX 76102 Washington, DC 20006 with copies to: with copies to: The City Attorney and Pete Rose, Vice President Intergovernmental Relations 1666 K Street, NW, Suite 1200 Director at the same address Washington, DC 20006 13. Williams 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 of the Architect involving transactions relating to this Agreement. Williams agrees that the City shall have access during normal working hours to all necessary Williams 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 Williams reasonable advance notice of intended audits. Williams 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. Williams further agrees to photocopy any audit related documents as may be requested by the City. The City agrees to reimburse Williams for the costs of the copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 14. Williams agrees that Pete Rose shall act as the principal performing this search and will be the City's point of contact for Williams. Williams shall not replace the principal without the prior written approval of City. WITNESS our hands this day of Ly2opinL6,2004. ATTEST: CITY OF F RT TH By: rAX City Secretary Assi an it a ager APPROVED AS TO FORM AND LEGALITY: Loagk'L b)IJA4 Assistant Ci Attor�ney Williams, lark, & Dobbins, P.C. Date: 7e?,Vvl.TT Contract Authnri-7-+;^^ Date i EXHIBIT"A" Scope of Services 1. Williams 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. 2. Williams 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. 3. Williams will act as a liaison to the White House on behalf of the City where appropriate. 4. Williams 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. 5. Williams will provide advice and counsel and develop strategy in conjunction with 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. 6. . Williams 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. 7. Williams will provide assistance to City officials in interpreting federal regulations and filing comments where appropriate and when directed by the City Manager of the City's Director of Governmental Relations. 8. Williams will draft speeches, memorandums, position papers, talking points and/or letters on behalf of City when appropriate. 9. Williams will arrange for presentation of Congressional testimony of relevant issues where appropriate and prepare testimony for such presentations. 10. Williams 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. 11. Williams will attend and represent the interests of the City in periodic meetings of city organizations such as the National League of Cities and Others. Williams will provide assistance to members of the City Council that serve on boards or committees associated with these organizations. EXHIBIT "A" Scope of Services (Page Two) 12. Williams 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. Williams will coordinate Congressional letters of support from the Texas Congressional Delegation for City grant requests. 13. Williams will respond to requests made by the Mayor and the Chair of the Government and Neighborhood Relations Committee, and will coordinate all responses or actions taken through the City Manager and the City's Director of Governmental Relations. 14. Williams agrees to generally be available to the Mayor, City Council and City Manager for additional assignments in Washington, D.C. as may be necessary. 15. Williams will maintain periodic contact with the City Manager or his designee in a manner consistent with Section 7 of this agreement summarizing activities undertaken in Washington, D.C. on behalf of the City. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/29/2004 DATE: Tuesday, June 29, 2004 LOG NAME: 02WILLIAMSMULLE REFERENCE NO.: C-20129 SUBJECT: Federal Lobbyist Consultant Contract with Willams Mullen Strategies RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to enter into a contract agreement with the Washington, D.C. firm of Williams Mullen Strategies for personal services involving consultation and representation before the Congress of the United States, U. S. federal agencies and the White House Administration. The term of the contract will be from July 1, 2004, to November 30, 2005, with a one-year option to renew at the same terms and conditions. DISCUSSION: Since 1994, the City of Fort Worth has maintained a service contract 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. After a request for proposals ("RFP") process and several onsite interviews, Williams Mullen Strategies was recommended by an interview committee comprised of Mayor Moncrief, Council Member Haskin, Council Member McCloud and the City's Director of Governmental Relations, Brandon Aghamalian. The City's proposed contract with Williams Mullen Strategies requires the firm to provide advice and counsel regarding the passage of City Council legislative priorities before Congress, federal agencies and the White House Administration. The terms of the contract call for the City to compensate the firm of Williams Mullen Strategies a monthly retainer fee of $14,000.00 dollars, with monthly reimbursable expenses not to exceed $1,000.00. Williams Mullen Strategies will submit copies of receipts for reimbursement subject to the approval of the City. In addition, the City will reimburse Williams Mullen Strategies for travel requested by the City to and from Fort Worth. The details of the agreement between the City and Williams Mullen Strategies, including the scope of services, are reflected in the attached proposed contract. Logname: 02WILTJAMSMi JLLF. PnaP 1 of 7 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Accounti'Centers FROM Fund/AccounVCenters GG01 531200 0905500 $0.00 Submitted for City Manager's Office b Joe Paniagua (6140) Originating Department Head: Brandon Aghamalian (6168) Additional Information Contact: Gin Skau (7504) Lnunnme• MWILLIAMWI TLI F Paue ? of 2