HomeMy WebLinkAbout065585 - General - Contract - McGuireWoods Consulting, LLCOFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No. 65585
FORTWORTH.
PROFESSIONAL LEGISLATIVE SERVICES AGREEMENT
This PROFESSIONAL LEGISLATIVE SERVICES AGREEMENT ("Agreement") is made
and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation, acting by and through its duly authorized Assistant City Manager, and MCGUIREWOODS
CONSULTING, LLC ("Vendor"), a Texas limited liability company, acting by and through its duly
authorized representative, each individually referred to as a "party" and collectively referred to as the
"parties."
1. Scope of Services. Vendor 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 all other times during the Term of this Agreement ("Services"), as set forth in more detail
in Exhibit "A," attached hereto and incorporated herein for all purposes. Vendor agrees to cooperate with
the City's staff and the City Manager, who shall relate to Vendor requests from the City. For purposes of
this Agreement, the term City Manager shall include the City Manager and his or her designee. Vendor will
respond to requests made by the Mayor, the Chair of the Legislative and Intergovernmental Affairs
Committee, the City Manager, the Deputy City Attorney over Governmental Services and the City's staff.
Vendor will coordinate all responses or actions taken on the City's behalf through the Deputy City Attorney
governmental relations staff or appropriate City staff.
2. Term. This Agreement begins on October 1, 2026 ("Effective Date") and expires on
September 30, 2027 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same
terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term").
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement.
Total compensation under this Agreement will not exceed Twelve Thousand Dollars and 00/00
($12,000.00) per month. Vendor's travel and expenses shall be included in this monthly amount. Total
consideration under this Agreement shall not exceed One Hundred Forty -Four Thousand Dollars and
00/100 ($144,000.00). 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.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
Professional Legislative Services Agreement Page 1 of 12
McGuireWoods Consulting, LLC
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine-readable format or other format
deemed acceptable to City. Notwithstanding any provision herein to the contrary, Vendor is
permitted to retain a copy of the City Information or data (i) to the extent and as long as required
by law, regulation, administrative, court order, or record retention requirements or (ii)in compliance
with its professional liability insurance policies. Any City Information or data stored as electronic
data on magnetic media due to automatic archiving and backup procedures shall be retained
according to Vendor's normal record retention policies and shall continue to be subject to it's
confidentiality and security obligations governing City Information or data under the terms of this
Agreement. Nothing herein prohibits the Vendor from retaining copies of its work product that
may rely on or incorporate, in whole or part, Confidential Information or data; provided, Vendor
will not use the portion of the work product constituting City Information or data for any purpose
other than in the provision of services to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
Professional Legislative Services Agreement Page 2 of 12
McGuireWoods Consulting, LLC
6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
8. No Attorney -Client Relationship Established. Vendor is a wholly owned subsidiary of
the law firm McGuireWoods LLP. Occasionally lawyers at the McGuireWoods law firm provide non -legal
services to Vendor clients, but the Vendor does not provide legal services or advice, nor does this
Agreement include the provision of legal services by the McGuireWoods law firm or give rise to an
attorney -client relationship between the McGuireWoods law firm and the City. No communications with
anyone at the McGuireWoods law firm will be protected by the attorney -client privilege unless the City
hires the law firm to provide legal services. This Agreement does not affect the attorney -client relationship,
or the privileged nature of any communications, between the City and the McGuireWoods law firm
pursuant to a separate engagement for legal services, whether established before or after the date of this
Agreement. If the City desires legal services, the City may enter into a separate engagement with the
McGuireWoods law firm; it is not necessary for the City to engage with the McGuireWoods law firm in
order to obtain the Vendor's services, or vice versa.
9. Conflicts of Interest The City acknowledges that it is engaging Vendor and is not
represented by the McGuireWoods law firm under this Agreement, and the City consents to the
McGuireWoods law firm's representation of other persons and entities on legal matters, including litigation,
that may adversely affect the City's interests, directly or indirectly, but are unrelated to the specific
representation the City has asked Vendor to undertake on its behalf.
10. Liability and Indemnification.
10.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
Professional Legislative Services Agreement Page 3 of 12
McGuireWoods Consulting, LLC
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
10.2 GENERAL INDEMNIFICATION -VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
10.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non -infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Professional Legislative Services Agreement Page 4 of 12
McGuireWoods Consulting, LLC
11. Assignment and Subcontracting.
11.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
11.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
12. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
13. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
14. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, Texas 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
McGuireWoods Consulting, LLC
816 Congress Ave, Suite 940
Austin, Texas 78701-2442
Professional Legislative Services Agreement Page 5 of 12
McGuireWoods Consulting, LLC
15. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
16. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
17. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
18. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
19. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
20. Force Majeure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Parry whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Parry's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 12 of this Agreement.
21. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
22. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibit A.
Professional Legislative Services Agreement Page 6 of 12
McGuireWoods Consulting, LLC
23. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
26. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
27. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
28. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
29. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
Professional Legislative Services Agreement Page 7 of 12
McGuireWoods Consulting, LLC
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
31. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms "boycott energy company" and "company"
have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent
that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City
is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that
is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that
Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
33. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
Professional Legislative Services Agreement Page 8 of 12
McGuireWoods Consulting, LLC
34. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
Professional Legislative Services Agreement Page 9 of 12
McGuireWoods Consulting, LLC
City Secretary Contract No.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY:
City of Fort Worth
AU W&—
By;
Dianna Giordano (Jul 28, 2026 11:58:40 CDT)
Name:
Dianna M. Giordano
Title:
Assistant City Manager
07/28/2026
Date:
Approval
Recommended:
By:
Name:
Theresa James
Title:
Deputy City Attorney
Attest:
o444dnnn
Aypo� F°Rr '
o,
c
. o
�Vo 0=0
daQ� nEXA?bpp
By:
Name:
Jannette S. Goodall
Title:
City Secretary
McGuireWoods Consulting, LLC
Kwame, walKor
By: Kwame Walker (Jul 23, 2026 18:17:57 PDT)
Name: Kwame Walker
Title: Vice President, State Government Relations
Date: 07/23/2026
Professional State Legislative Services Agreement
McGuireWoods Consulting, LLC
Contract Compliance 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: Governmental Affairs Liaison
Approved as to Form and Legality:
By: V
Name: Gavin Midgley
Title: Assistant City Attorney
Contract Authorization:
M&C: 26-0544
1295 No.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 10 of 12
1W4O1I1.I1my.,%
SCOPE OF SERVICES
1. 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, 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, 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 Governmental Affairs Liaison and the Deputy City Attorney for Government
Relations. 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, 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, Vendor shall review city staff s bill analysis
and provide input and direction on improving the analysis.
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.
Professional Legislative Services Agreement Page 11 of 12
McGuireWoods Consulting, LLC
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
legislative and executive branches of government and respective staff members, in particular House
leadership, Senate leadership and members of the Tarrant County legislative delegation and members of
the governor's office, 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, 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, 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. 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. 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. 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.
Professional Legislative Services Agreement Page 12 of 12
McGuireWoods Consulting, LLC
FORT WORTH,,
MAYOR AND CO NCIL CO NICATION
7.5.11 13P RFP 26-0164 LOBBYING - STATE JF LEGAL
DATE: 06/23/26
SUBJECT
M&C FILE
NUMBER:
DEPARTMENT:
M&C 26-0544
LAW
(ALL) Authorize Execution of Agreement with McGuireWoods Consulting LLC for State
Lobbying Services for the City Attorney Department in an Annual Amount Up to $144,000.00
for the Initial One -Year Term and Authorize Four One -Year Renewal Options for the Same
Annual Amount
RECO NDATION
1)
it is recommended that the City Council authorize execution of agreement with
McGuireWoods Consulting LLC for state lobbying services in an annual amount up to
$144,000.00 for the initial one-year term and authorize four one-year renewal options for the
same annual amount.
DISCUSSION
The purpose of this Mayor and Council Communication is to authorize an agreement for state
lobbying services. The agreement will provide state government relations and lobbying
services to represent the City's interests before the Texas Legislature, the Executive Branch,
and state agencies and commission. These services are intended to ensure that the City's
interests are effectively represented in state policy discussions and legislative processes,
while enabling the City to remain informed of state policy developments that may impact
municipal governance, operations, or financial resources.
Although these functions historically have qualified as professional services exempt from
public bidding requirements, a 2025 change in state law now subjects these services to
public procurement. The Purchasing Division issued Request for Proposals (RFP) No. 26-0164,
which consisted of detailed specifications describing the vendor's responsibilities to provide
the services.
The RFP was advertised in the Fort Worth Star -Telegram on April 1, 2026, April 8, 2026, April 15,
2026, and April 22, 2026. The City received one (1) response.
1of3
FORT WORTH.
An evaluation team consisting of representatives from the City Attorney's Office, FW Lab, City
Manager's Office, and Development Services Departments evaluated and scored the
submittal using the Best Value criteria.
The individual scores were averaged for each of the criteria and the final scores are listed in
the table below:
Total
Bidder:
a
b
c
d
e
f
Score
McGuireWoods Consulting LLC
16.8
17.6
18
16.8
13.5
5
87.7
Best Value Criteria:
a) Lobbyist Qualifications, Experience, and Past Performance
b) Demonstrated Relationships with State Legislators and Officials
c) Understanding of City Legislative Priorities and Activities
d) Communication, Reporting, and Responsiveness to City Officials
e) Quality of Strategy and Legislative Analysis
f) Pricing
After evaluation, the panel concluded that McGuireWoods Consulting LLC presented the best
value for the City. Therefore, the panel recommends that City Council authorize an
agreement with the aforementioned vendor. Staff certifies that the recommended vendor's
proposal met specifications.
FUNDING: The annual amount allowed under the agreement will be up to $144,000.00.
Funding will be budgeted in Consultant & Other Prof Service account within the General Fund
for Fiscal Year 2027.
AGREEMENT TERMS: The agreement shall begin October 1, 2026 and expire one year from that
date.
RENEWAL TERMS: The agreement may be renewed for up to four (4) additional, one-year
terms. This action does not require specific City Council approval provided the City Council
has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
SMALL BUSINESS PROGRAM: A Small Business goal is not assigned to this solicitation/contract
because a waiver has been approved by the department's Assistant City Manager, in
accordance with the City's Small Business Ordinance.
2 of 3
FORT WORTH,,
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made
by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code
and does not require specific City Council approval as long as sufficient funds have been
appropriated.
This project will serve ALL COUNCIL DISTRICTS.
This contract requires a Form 1295.
FISCAL INFORMATION/CERTIFICATION
The Director of Finance certifies that upon approval of the above recommendation and
adoption of the Fiscal Year 2027 Budget by the City Council, funds will be available in the
Fiscal Year 2027 operating budget, as appropriated, in the General Fund. Prior to an
expenditure being incurred, the Law Department has the responsibility to validate the
availability of funds.
SUBMITTED FOR CITY MANAGER'S OFFICE BY: Giordano, Dianna, # 7783
ORIGINATING BUSINESS UNIT HEAD: Reginald Zeno, # 8517
ADDITIONAL INFORMATION CONTACT: Jesus Fernandez, # 6467
ATTACHMENTS
1. Small Business Waiver - State [7.5.11.1 - 4 pages]
2. SA Ms - Mc Guire Woods Consulting LLC [7.5.11.2 - 1 page]
3. SOS - Mc Guire Woods Consulting LLC [7.5.11.3 -1 page]
4. CONFIDENTIAL REDACTED - Form 1295 City of Ft. Worth 2026 [7.5.11.4 - 1 page]
5. CONFIDENTIAL REDACTED - 23P RFP 26 0164 Lobbying State JF LEGAL fid table (4) [7.5.11.5
- 5 pages]
3of3
CERTIFICATE OF INTERESTED PARTIES
FORM 12gJ
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2026-1468205
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
McGuireWoods Consulting
Austin, TX United States
Date Filed:
05/27/2026
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
The City of Fort Worth
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
26-0164
State Government Affairs Consulting
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
��� t!cJ�,isc My name is ,and my date of birch is
My address is / t !� ' WK5, rt ,i/. � j —T - �/` � (� j j U's
((state)
(city) (zip code) (country)
I declare under of perjury that the foregoing is true and correct.
penalty
/� �/
Executed in 1 /�,% V County, State of r x�s on the 27 day of MI-1 , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms orovided by Texas Ethics Commission vtnnw.ethirs.state.fx.us Varcinn VA 1 n rlhQAridfR
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: McGuireWoods Consulting, LLC
Subject of the Agreement: State Legislative Consulting Services
M&C Approved by the Council? * Yes 0 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 0
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
The 1295 form on PDF page 16 is considered confidential.
Effective Date: October 1, 2026
If different from the approval date.
Expiration Date: September 30, 2027
If applicable.
Is a 1295 Form required? * Yes 0 No ❑
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Permanent Contracts
Advanced Funding Agreements
Architect Service
Community Facilities
Completion Agreement
Construction Agreement
Credit Agreement/ Impact Fees
Crossing Agreement
Design Procurement
Development Agreement
Drainage Improvements
Economic Development
Engineering Services
Escrow Agreement
Interlocal Agreements
Lake Worth Sale
Maintenance Agreement/Storm Water
Parks/Improvement
Parks/Other Amenities
Parks/Play Equipment
Project Development
Property/Purchase (Property owned by the City)
Property/Sales (Property owned by the City)
Property/Transfers (Property owned by the City)
Public Art
Sanitary Sewer Main Replacements
Sanitary Sewer Rehabilitations
Settlements (Employees Only)
Streets/Maintenance
Streets/Redevelopment
Streets/Repairs
Streets/Traffic Signals
Structural Demolition (City owned properties)
Utility Relocation
Water Reclamation Facility
Water/Emergency Repair
Water/Interceptor
Water/Main Repairs
Water/Main Replacement
Water/Sanitary Sewer Rehabilitation
Water/Sewer Service
Water/Storage Tank