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HomeMy WebLinkAboutFOCUSED ADVOCACY - 2014-2015 - SignedFOCUSEDCC-...)ADVOC;,Z' COF,1MACT FUR GOVERHM, EMTAL AI` D :�EGULAT(DRY A FAi'RS CGH, SUi,`ll DIG SERVICES (Georgetown Utility Systems) This contract is made the day of April 2014, between cGe¢�rgetmvrm Utility Systems ("GUS"), having its principal place of business at 300 Industrial Avenue Georgetown, Texas 78626 (hereinafter "Client") and Focused Advocacy, ILLC having its principal place of business at 823 Congress Avenue, Suite 1200, Austin, Texas 78701 (hereinafter "Consultant") for the provision of state governmental and public affairs consulting services. 1. Selrvicces. Consultant will provide the professional services described below, as may be requested and directed by the client. 1. Assist in the development of a comprehensive strategic governmental and regulatory affairs plan for GUS. As part of the governmental affairs plan Consultant will work with Client in an attempt to reach specific goals and objectives related to GUS's internal business plan that can be impacted by legislative and regulatory actions. 2. Represent GUS's interests before the legislative, regulatory, and executive branches of Texas state government in furtherance of the passage or defeat of legislation, proposals, or rules as directed by GUS. 3. Assist in the development and implementation of strategies and initiatives to support GUS's business and legislative agendas, including: a. Protecting GUS's territorial service rights and privileges; b. Supporting efforts and seeking all necessary approvals for transfer of a special utility district to GUS; c. Pursuing new opportunities and rights for GUS; d. Promoting public power interests; and e. Assisting in the development of strategies for GUS to remain competitive as a municipally owner utility. 823 CONGR ss Amu, STE.1200 o AUSTIN, TEus 78701 a INFO@FocusEDADVOCACY.COM 0 C U S 10 ADVOCAC7 4. Use best efforts to provide information to and educate key decision makers, legislative leaders, and agency executives (and their staffs) with regards to Client's areas of interest, services, and governmental affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf iMthout prior authorization to do so. 5. Advise and assist GUS in gaining support for its public policy initiatives and objectives from key governmental and non -governmental stakeholders. 6. Assist GUS with the preparation and drafting of legislative and regulatory advocacy/educational materials. 7. Monitor and track all legislative and regulatory actions, decisions, or proposals that could have an effect on the business operations or legislative agenda of GUS. 8. Provide analysis of legislative and regulatory actions, decisions, or proposals that could have an affect on the business operations of GUS. 9. Advise GUS on matters relating to political, grass roots and communications strategy. 10. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance client profile with targeted individuals and entities including the arrangement of periodic visits and/or functions with key legislators, executives, and staff. 11. Monitor, by attendance at meetings and otherwise, public hearings and/or rulemakings that would impact GUS's objectives and interests. 12. As part of a customized communications plan Consultant will provide GUS both written and verbal status reports on all matters affecting their stated interests. 823 CONGRESS AVENUE, STE.1.200 o AUSTIN, TExAS 787®1. o INFO@FOCUSEDADVOCACY.COM 2 FOCUSED C ADVOCAC'J'7 13. Attend meetings and conference calls with GUS officials and staff, as requested. 14. Consultant will provide general advice and counsel on all matters related to the governmental and public affairs needs of GUS. 2. Client Su n nort and Communications. Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting, to assure timely and effective communications. Curtis Seifflts and Snapper Cara° will serve as the primary contacts on behalf of the Consultant. Consultant will perform services in a professional manner consistent with the highest recognized standard of care applicable to consultants performing services similar in scope and nature to the services. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client In the event that legal opinions or financial analysis are needed at any time with respect to Client's interests, consultant will notify client and the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. iExpansion and Sco"- of Wor . Should representation expand significantly beyond the contemplated scope outlined in the Agreement, both parties will mutually agree to discuss the role of the expanded services and agree, if necessary, to discuss the payment additional compensation during this unlikely event. 5. Tema. This Agreement is effective for the period from April 1, 2014 through July 31, 2015 (]14 months). 6. ComDensation. In consideration for the performance of services, Client shall pay fees as follows: a. $7,000 (Seven thousand) per month for the duration of the Agreement. The fee shall be paid by the client upon receipt of an invoice on or about the 1st day of each month. b. All notices and invoice shall be made in writing and may be given by 823 CONGREss AvEwE, sTE.1200 ° AUSTIM, TEXAS 78701 o I?00@FOCUSEDADVOCACY.COM 3 F 0 C U S I D� personal delivery, by regular mail, or electronic mail. The following individuals shall serve as primary points of contact for receipt of notices: Mr. Snapper Carr Partner & General Counsel Focused Advocacy, LLC Snapper@10cusedadvoacy.com Mr. Jim Briggs General manager Georgetown Utility Systems iim.i�riggsC�aeor,geiotidr.orb c. Payment shall be made to Focused Advocacy, 823 Congress Avenue, Suite 1200, Austin, Texas 78701. 7. Independent Contractor Relationship, It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee, full or part-time of Client. 8. E Menses. Consultant agrees to cover routine business expenses out of the compensation provided to them under this contract. However, Client agrees to pay for Consultant's travel expenses if the Client requests their presence or the requirements of this agreement require the Consultant to attend a meeting outside of Austin, Texas. Prior approval by the client shall be necessary before the Consultant incurs any out of town expense. Allowable travel expenses are those incurred from airfare, hotel, shuttle, taxi, car service, rental car and/or meals associated with out-of-town trips taken on Client's behalf or at Client's request. Client agrees to pay invoices within thirty (30) days of receipt. Consultant will itemize travel expenses on invoices and provide supporting materials as needed. 9. State La . Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. Additionally, several local governments in Texas have adopted ordinances dealing with lobbying disclosure and registration. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable federal, state, and local laws reporting requirements. Client agrees to full comply with all necessary federal, state, 823 CONGREss Amin, STE. 1200 ° Amm, TE us 78701 ° tNFO@FOCUSEDADVOCACY.COM 4 FOCUSED CC�, ADVOCA'ili�i7 and local laws associated with the scope of services provided under this Agreement. 10.Texa,s 1Lolbbv Lavyy and prep orta ng Requirement. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branches of government. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobbying activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. Based upon Consultant's experience representing other clients, the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." However, it is agreed that the Consultant will continually monitor the amount of time spent on lobby activities as defined by Texas Ethics Laws and Rules to ensure compliance with this reporting requirement. 11.Co nzIl¢lenntnali��. If a party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12.Connaficts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and Consultant is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme care to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. 13.Terminadonn. Either party may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the other party. The Client may terminate this agreement for cause upon thirty (30) days written notice. 14. !Enntire Agreement and i-Wod ifi cationns. This Agreement contains the entire agreement and understandings of the parties with respect to the subject 823 CONGAffis AvEm, Sn, 1200 o Ausm, TsxAs 78701 u iriFo@Focus£DADvocACY.com 5 FOCUSEDCADVOCACY matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination attempted waiver of any provision hereof (including this section) shall be valid unless in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. seorge �ifflity Systems )Focused Advocacy, LLC By: By;_ Mr. jim-B"riggs;,Gbnbral Manager Mr. Snapper L. Carr, Partner Date: 3'�i �' Date: 823 CONGRESs AmuE, STE.1200 m AUSTIN, TERAs 78701 o INFO@FOCUSEDADVOCACY.COM 6