HomeMy WebLinkAboutFOCUSED ADVOCACY - 2018-2019 - SignedA
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CONTRACT FOR GOVERNMENTAL AND REGULATORY AFFAIRS CONSULTING
SERVICES
(City of Georgetown & Georgetown Utility Systems)
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This contract is made the 2 d day of February, 2018 between City of Georgetown
and Georgetown Utility Systems ("Client"), having its principal place of business at
300 Industrial Avenue Georgetown, Texas 78626 (hereinafter "Client") and Focused
Advocacy, LLC 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. Services. 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 CLIENT. As part of the governmental
affairs plan Consultant will work with Client in an attempt to reach
specific goals and objectives related to CLIENT's internal business plan
and long-term planning goals that can be impacted by legislative and
regulatory actions. (See Attached Council Strategy Narratives.)
2. Represent CLIENT's interests before the legislative, regulatory, and
executive branches of Texas state government in furtherance of the
passage or defeat of legislation (including proposals proactively
proposed by CLIENT), proposals, or rules as directed by CLIENT.
3. Assist in the development and implementation of strategies and
initiatives to support CLIENT's business and legislative agendas,
including:
a. Protecting local decision -making on revenue and service levels;
b. Supporting efforts and advocating for local control over
municipally owned utilities (both water, electric, and
wastewater);
c. generally promoting public power interests;
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d. working on increased mobility initiatives; and
e. increasing influence and partnership with State Government to
better serve Georgetown citizens.
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 without prior authorization to do so.
S. Advise and assist CLIENT in gaining support for its public policy
initiatives and objectives from key governmental and non -governmental
stakeholders.
6. Assist CLIENT 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 CLIENT.
8. Provide analysis of legislative and regulatory actions, decisions, or
proposals that could have an affect on the business operations of
CLIENT.
9. Advise CLIENT on matters relating to public and governmental affairs
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.
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11. Monitor, by attendance at meetings and otherwise, public hearings
and/or rulemakings that would impact CLIENT's objectives and
interests.
12. As part of a customized communications plan Consultant will provide
CLIENT both written and verbal status reports on all matters affecting
their stated interests.
13. Attend meetings and conference calls with CLIENT 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 CLIENT.
2. -CIignt S"port_and_Commgnications. 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 Seidlits
and Snapper Carr 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. Expansion and Scone of Q&. 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
S. Term. This Agreement is effective for the period from January 1, 2018
through December 31, 2019 (24 months). The parties to this agreement
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may mutually agree in writing to extend the terms of this Agreement by an
additional one-year period.
6. Compensation. In consideration for the performance of services, Client
shall pay fees as follows:
a. $7,500 (Seven thousand five hundred) 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
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 Mr. Jim Briggs
Partner & General Counsel General Manager
Focused Advocacy, LLC Georgetown Utility Systems
Snapper@focusedadvoacy.com ji bbriggs@,georaetown.org
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. Expenses. Consultant agrees to cover routine business, educational, and
entertainment 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
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itemize travel expenses on invoices and provide supporting materials as
needed.
9. .S_tae 1aw. 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,
and local laws associated with the scope of services provided under this
Agreement.
101exas Lobo l&w an renor_tangA1Wulmmeni. 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.Confidentiaft. 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.
12.0 nflicts of In rest. By signing this Agreement, Client is consenting to the
representation of multiple clients by the Consultant and Consultant is
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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.Termination. 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. Enbrr, reemenJ_and Modiifica lops. This Agreement contains the entire
agreement and understandings of the parties with respect to the subject
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.
Georgetown Utility Systems
By
M . ire'-gigs,l Manager
Focused Advocacy, LLC
By:
Mr. Snapper L. Carr, Partner
Date:—$ —1$ Date: O{
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