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HomeMy WebLinkAboutContract 33023 SNOISECRETARY CREYCITY 330 STATE OF TEXAS § 3 COUNTY OF TARRANT § CONTRACT This agreement is made and entered into by and between the City of Fort Worth ("the City"), acting herein by and through its duly authorized Assistant City Manager, Joe Paniagua, and the firm of The Franklin Partnership, L.L.C. ("Franklin"), 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 Section Five (5), Franklin 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, Franklin 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 December 1, 2005, and terminate November 30, 2006, unless terminated sooner as provided herein. 3. Franklin agrees to cooperate with the City's Director of Governmental Relations and the City Manager, who shall relate to Franklin requests from the City. Franklin 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. Franklin will coordinate all responses or actions taken on the City's behalf through the Director of Governmental Relations. 4. Franklin shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. Franklin 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 Franklin, its officers, agents, employees, and subconsultants, and the doctrine of respondent superior has no application as between the City and Franklin. 5. In full payment and consideration for all services furnished hereunder, and subject to the termination provisions set out in Section Six (6) of this agreement, Franklin 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 Franklin by the City. In addition to this amount, Franklin shall be reimbursed for the reasonable expenses not to exceed $2,500.00 per month, subject to the approval of the City. Franklin 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. Franklin shall be reimbursed for the reasonable cost of travel, meals, and lodging which Franklin incurs when the City Manager or his designee requests that Franklin travel to Fort Worth in the performance of services related to this contract. Franklin shall submit invoices for such expenses, supported by a copy of all related receipts, to the City for reimbursement. Franklin 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 to Franklin a 10-day written notice, or without cause by providing a 30-day written notice. Upon termination, all products prepared by Franklin hereunder shall become the property of the City, and Franklin 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, Franklin shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. The City agrees to reimburse Franklin 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. Franklin 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, Franklin 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 Franklin in Washington, D.C. Franklin 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 Franklin regarding those issues considered the priorities for the City as identified by the adopted federal legislative program or by City Council resolution. Franklin 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 the 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. In addition to the above services and those articulated in Exhibit "A" of this agreement, Franklin will as a matter of course make travel arrangements for City officials and/or individuals designated by the City as acting on behalf of the City's interests when visiting Washington, D.C. 9. Franklin 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 Franklin 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 Franklin 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: Franklin: City of Fort Worth The Franklin Partnership, L.L.C. Attn: City Manager Attn: Pete Rose 1000 Throckmorton 818 Connecticut Avenue N.W. Fort Worth, TX 76102 Suite 1100 Washington, DC 20006 with copies to: with copies to: The City Attorney and Pete Rose at the same address Governmental Relations Director at the same address 13. Franklin 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 Franklin involving transactions relating to this Agreement. Franklin agrees that the City shall have access during normal working hours to all necessary Franklin 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 Franklin reasonable advance notice of intended audits. Franklin 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 the 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. The City shall give subconsultant reasonable advance notice of intended audits. Franklin further agrees to photocopy any audit related documents as may be requested by the City. The City agrees to reimburse Franklin 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. Franklin agrees that Pete Rose shall act as the principal performing this search and will be the City's point of contact for Franklin. Franklin shall not replace the principal without the prior written approval of City. WITNESS our hands this day of -'D2CekrbCC , 200,6.. ATTEST: CITY OF FOV WORTH JJ ,U By: City lecretary Assist t it 'Ntoer APPROVED AS TO FORM AND LEGALITY: Assistant City Atto hey_ The Fra klin artnershi L.L.0 Date: Zo contract authorization By: r Date Contract Author ation 4j r Date EXHIBIT "A" Scope of Services 1. Franklin 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. Franklin 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. Franklin will act as a liaison to the White House on behalf of the City where appropriate. 4. Franklin 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. Franklin will provide advice and counsel and develop strategy in conjunction with the 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. Franklin 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. Franklin 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. Franklin will draft speeches, memorandums, position papers, talking points and/or letters on behalf of the City when appropriate. 9. Franklin will arrange for presentation of Congressional testimony of relevant issues where appropriate and prepare testimony for such presentations. 10. Franklin 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. Franklin will attend and represent the interests of the City in periodic meetings of city organizations such as the National League of Cities and Others. Franklin 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. Franklin 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. Franklin will coordinate Congressional letters of support from the Texas Congressional Delegation for City grant requests. 13. Franklin 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. Franklin 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. Franklin will maintain periodic contact with the City Manager or his designee in a manner consistent with Section Seven (7) of this agreement summarizing activities undertaken in Washington, D.C. on behalf of the City. � dIl�;�s=:� 3iZvL1kNJ WWWgCFWN41ttort FORT WORM Print M&C COUNCIL ACTION: Approved on 12/20/2005 DATE: 12/20/2005 REFERENCE NO.: C-21218 LOG NAME: 02FRANKLIN CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Award of a Personal Services Contract to The Franklin Partnership, L.L.C., for Consultation and Representation on Federal Issues RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Washington, D.C. firm of The Franklin Partnership, L.L.C., 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 December 1, 2005, to November 30, 2006. 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. On June 29, 2004, (M&C C-20129) the City Council authorized the City Manager to enter into a contract agreement with the Washington D.C. firm of Williams Mullen Strategies, with Pete Rose as the principal representative, for personal services involving consultation and presentation before the Congress of the United States, U.S. Federal agencies, and the White House Administration. Pursuant to this action by the Council, staff entered into a contract for a term beginning July 1, 2004, and terminating November 30, 2005. This contract also contained an option to renew for an additional period beginning December 1, 2005, and terminating November 30, 2006, under the same terms and conditions. The principal representative, Pete Rose, and his staff terminated their relationship with Williams Mullen Strategies corporate entity, Williams, Mullen, Clark & Dobbins, PC, on May 15, 2005. Given Pete Rose's change of employment, City staff terminated its contract with Williams Mullen Strategies effective May 15, 2005, with both parties fulfilling all contractual obligations. Pete Rose and his staff joined the lobbying firm of The National Group and work for it's subsidiary, The Franklin Partnership, L.L.C. On May 17, 2005, (M&C C- 20743) the City Council authorized the City Manager to enter into a contract with The Franklin Partnership, L.L.C. with a term beginning May 15, 2005, and terminating November 30, 2005. The proposed contract requires The Franklin Partnership, L.L.C. to provide advice and counsel regarding Federal agencies and commissions as well as provide assistance in promoting passage of Federal legislative initiatives for the City. The term of the contract is from December 1, 2005 to November 30, 2006. The proposed contract, similar to the one that expired on November 30, 2005, requires the City to compensate rhe Franklin Partnership, L.L.C. at a rate of$14,000 per month. In addition the City will reimburse The Franklin Partnership, L.L.C. for expenses not to exceed $2,500 per Logname: 03HRS01 Page 1 of 2 month. The Franklin Partnership, L.L.C., will submit copies of receipts for reimbursement subject to the approval of the City. In addition, the City will reimburse The Franklin Partnership L.L.C., for any travel to and from Fort Worth that is requested by the City. The proposed contract includes a funding out clause. Funds in the amount of$140,000 plus $25,000 for expenses are being requested for the first 10 months of the contract. Funds for the second year of the contract will be requested in the next proposed budget. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 0001 531200 0905500 $165,000.00 Submitted for City Manager's Office by- Joe Paniagua (6140) Originating Department Head: Brandon Aghamalian (6168) Additional Information Contact: Brandon Aghamalian (6168) ATTACHMENTS Logname: 03HRS01 Page 2 of 2