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HomeMy WebLinkAboutContract 60415-A1R1CSC No. _______________ First Amendment to and First Amendment of Fort Worth City Secretary Contract No. 60415 Page 1 of 5 McGuireWoods Consulting, LLC FIRST AMENDMENT TO AND FIRST RENEWAL OF PROFESSIONAL STATE LEGISLATIVE SERVICES AGREEMENT FORT WORTH CITY SECRETARY CONTRACT NO. 60415 This First Amendment to and First Renewal of the PROFESSIONAL STATE LEGISLATIVE SERVICES AGREEMENT, Fort Worth City Secretary Contract No. 60415, is entered into by and between the CITY OF FORT WORTH (“City”), a Texas home rule municipal corporation, and MCGUIREWOODS CONSULTING, LLC (“Vendor”), a Texas limited liability company, each individually referred to as a “party” and collectively referred to as the “parties.” WHEREAS City and Vendor entered into an agreement for certain legislative and administrative services, said agreement being identified as Fort Worth City Secretary Contract No. 60415 and having an effective date of N ovember 3, 2023 (the “Agreement”); and WHEREAS the term of the Agreement expired on September 30, 2024; and WHEREAS, since the expiration of the Agreement, the parties have continued to operate as though the Agreement were in full force and effect; and WHEREAS City and Vendor desire to amend the Agreement to revise the Agreement’s Scope of Services; and WHEREAS City and Vendor desire to amend the Agreement to increase the Agreement’s not-to-exceed amount of compensation to $158,000.00 per year; and WHEREAS City and Vendor also desire to renew the Agreement through September 30, 2025. NOW THEREFORE, City and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms: 1.Compensation. Section 3. Compensation of the Agreement is amended to be and read as follows: City will pay Vendor in accordance with the provisions of this Agreement. Total compensation under this Agreement will not exceed Thirteen Thousand Dollars and 00/00 ($13,000.00) per month. Vendor’s travel and expenses shall be included in this monthly amount. However, the City will reimburse Vendor for any expenses related to travel for City officials or staff to Austin, Texas on official City business in an amount not to exceed Two Thousand Dollars and 00/100 ($2,000.00). Total compensation under this Agreement shall not exceed One Hundred Fifty-Eight Thousand Dollars and 00/100 ($158,000.00). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. First Amendment to and First Amendment of Fort Worth City Secretary Contract No. 60415 Page 2 of 2 McGuireWoods Consulting, LLC 2. Amendment of Scope of Services. The Scope of Services attached to this Amendment and Renewal as Exhibit A-1 supersedes and replaces the Scope of Services attached to the Agreement as Exhibit A. In the event of any conflict between the Scope of Services attached to this Amendment and Renewal as Exhibit A-1 and the Scope of Services attached to the Agreement as Exhibit A, the Scope of Services attached to this Amendment and Renewal as Exhibit A-1 shall control. 3. Renewal. The City and Vendor hereby agree to extend the Agreement for an additional one (1) year term which will expire on September 30, 2025. 4. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [signature page follows] First Amendment to and First Amendment of Fort Worth City Secretary Contract No. 60415 Page 2 of 2 McGuireWoods Consulting, LLC ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: Valerie Washington Title: Assistant City Manager Date: _____________ APPROVAL RECOMMENDED: By: ______________________________ Name: Melinda Ramos Title: Deputy City Attorney ATTEST: By: ______________________________ Name: Jannette S. Goodall Title: City Secretary CONTRACTCOMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ______________________________ Name: T.J. Patterson, Jr., Esq. Title: Director of Legislative Affairs City Attorney’s Office APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Matthew A. Murray Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C 24-1011 / November 19, 2024 Form 1295 No.: 2024-1225354 VENDOR: MCGUIREWOODS CONSULTING, LLC By: Name: Kwame Walker Title: Vice President, State Government Relations Date: ___________________ First Amendment to and First Amendment of Fort Worth City Secretary Contract No. 60415 Page 2 of 2 McGuireWoods Consulting, LLC EXHIBIT A-1 1. The Vendor 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. In addition, the vendor will provide and an open line of communication/relationship building with key staff and board members of state agencies and commissions when requested by the city. 2. During the legislative session, the Vendor will work with City staff to ensure attendance at relevant interim committee meetings or hearings and legislative committee meetings or hearings and ensure that written reports are shared with the city regarding items on the council approved state agenda. The reports shall be submitted to the Government Relations Manager and the Deputy City Attorney for Government Relations. The Vendor will provide regular in person and/or virtual meetings/webinars to the City council and City Management. 3. Vendor will inform the City 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 Vendor becomes aware of any such initiative. In addition, the Vendor will analyze bills, legislative amendments, appropriations requests, administrative rules, proposed administrative rules and riders to determine the impact on the local Fort Worth community and notify staff of potential negative impact. 4. Vendor will assist the City Manager and other designated City staff in the review, development and coordination of the City’s legislative program. 5. Vendor will generally cooperate with City Manager to promote the passage of proposed legislative initiatives included in the City’s legislative agenda/packet, in cooperation with City representatives. Vendor will assist, when requested, in acquiring sponsors for bills, committee amendments, floor amendments, or riders in the City’s legislative agenda when requested by the City. 6. Vendor 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. Vendor 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 advance notification on issues of interest or concern initiatives that are included in City of Fort Worth’s legislative agenda. 8. Vendor 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, appropriations request and funding opportunities. In addition, upon request, the Vendor shall review city staff’s bill analysis and provide input and direction on improving the analysis. First Amendment to and First Amendment of Fort Worth City Secretary Contract No. 60415 Page 2 of 2 McGuireWoods Consulting, LLC 9. Vendor 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 city committees and stakeholders, as well as provision of requested reports on legislative action. 10. Vendor will assist the City Manager and other designated City staff periodically with logistical support for City Council members, City Management and City staff while said individuals are in Austin attending city related conferences or public hearings and/or meetings. 11. Vendor will promote open communications, working relationships and goodwill between the City Council, City Management and City Staff with members of the Legislature, the Executive Branch, state agency leadership, state Commission leadership, state board leadership and the staffs, with particular emphasis on House and Senate leadership, committee chairs and members including the Tarrant County delegation. 12. Vendor will assist in introducing City Council Members and City Management to members of the Legislature and staff members, in particular House leadership, Senate leadership and members of the Tarrant County legislative delegation and members of state agencies, state commissions and state boards. 13. Vendor will provide advice and counsel to the City Council, City Management or City staff regarding legislative strategy and provide such background information as proponents, opponents, attitude of key legislators, and positions of related entities. 14. When requested by City Management or City Staff, the Vendor will summarize by written memorandum or telephonically, contacts made with state legislators, state agency leadership, state board leadership and key staff on behalf of the City. In addition, as the need arises, the Vendor will discuss with the City Council, City Management and City Staff coverage of key legislative committee hearings/meetings, state agency hearings/meetings, state board hearings/meetings. 15. The Vendor will provide guidance and strategy to prevent detrimental impact bills, legislative amendments, appropriations request, administrative rules, proposed administrative rules and riders to local community partners. 16. The Vendor will provide guidance and strategy when bills, legislative amendments, appropriations request, administrative rules, proposed administrative rules and riders provide increased opportunities to support legislation for community partners. 17. The Vendor will provide guidance and strategy when bills, legislative amendments, appropriations request, administrative rules, proposed administrative rules and riders provide increased opportunities to support state funding request for community partners. 11/19/24, 7:32 PM CITY COUNCIL AGENDA Create New From This M8�C DATE: 11/19/2024 REFERENCE **M&C 24- NO.: 1011 F� RT �'�0 R71 � -��- LOG NAME: 12MCGUIREWOODS2024 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Amendment to City Secretary Contract Number 60415, a Professional Legislative Services Agreement with McGuireWoods Consulting LLC, to Increase the Annual Contract Amount to $158,000.00 for Consultation and Representation of the City of Fort Worth on State of Texas Legislative Issues RECOMMENDATION: It is recommended that the City Council authorize an amendment to City Secretary Contract Number 60415, a Professional Legislative Services Agreement with McGuireWoods Consulting LLC, to increase the annual contract amount to $158,000.00 for consultation and representation of the City of Fort Worth on State of Texas legislative issues. DISCUSSION: The City of Fort Worth (City) retains outside legislative consulting services in the development of a comprehensive and coherent strategic plan for promoting positive outcomes on key legislative, policy, and funding issues during the official session of the Texas Legislature. In November of 2023, the City entered into a Professional Legislative Services Agreement (the Agreement) with McGuireWoods Consulting LLC (McGuireWoods) (City Secretary Contract No. 60415) to represent the the City concerning legislative and administrative matters in the form of communications to be used during the official session of the Texas Legislature. For the upcoming official session of the Texas Legislature, the City Attorney's Office now wishes to increase the Agreement's annual amount of compensation from $74,000.00 to $158,000.00. The expanded scope of services and amount of compensation will allow McGuireWoods to assist City staff during the session by actively representing the City during hearings, engaging Senate and House members in preparation for the hearings, drafting relevant testimony, and scheduling witness testimony, coordinating meetings with House and Senate leadership including the Lt. Governor's Office and the Speaker of the House Office. In addition, McGuireWoods will provide written reports and presentations to the City Council, the City Manager's Office and relevant City departments. McGuireWoods will also be responsible for providing regular in-person and virtual meetings/webinars with the City Council and City management during the interim sessions, the regular sessions, and any special sessions of the Texas Legislature. McGuire Woods will participate in the review, development, and coordination of the City of Fort Worth's state legislative agenda. Moreover, McGuireWoods will review City staff bill analysis and provide input and direction on methods of improving the analysis of City staff. The term of the Agreement is from November 3, 2023 to September 30, 2024. The Agreement may be renewed for up to two additional one-year terms at the City's option. Staff intends to renew the Agreement upon approval of this amendment. This Agreement was approved for a waiver per the Chapter 252 exemption for Professional Services by the City Attorney's Office. Therefore, the business equity goal requirement is not applicable. Funding is budgeted in Other Contratual Services accounting within the General Fund for the City Attorney Department, as appropriated. FISCAL INFORMATION/CERTIFICATION: M&C Review apps.cfwnet.org/council_packet/mc_review.asp?ID=32717&councildate=11 /19/2024 1 /2 11/19/24, 7:32 PM M&C Review The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as previously appropriated in the General Fund. Prior to an expenditure being incurred, the City Attorney department has the responsibility to validate the availability of funds. TO �Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS ALL ACMs (6122) Leann Guzman (8973) Leann Guzman (8973) 12MCGUIREWOODS2024 FID.xlsx (CFW Internal) 12MCGUIREWOODS2024 funds availability,pdf (CFW Internal) Approved Chapter 252 Exemption Form - McGuire Woods.pdf (CFW Internal) Approved Waiver - McGuireWoods-Approved NS.pdf (CFW Internal) MWC 2024 Form 1295.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=32717&councildate=11 /19/2024 2/2