HomeMy WebLinkAboutFOCUSED ADVOCACY - 2019-2020 - SignedFOCUSED
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Agreement for
Legislative & Regulatory Consulting Services
City of GEORGETOWN & Focused Advocacy
This Agreement for Legislative & Regulatory Consulting Services is entered into and made
effective on the date on which this Agreement first becomes fully executed by all Parties
hereto (the "Effective Date") by and between Focused Advocacy, LLC. (hereinafter "the
Consultant") located at 816 Congress Avenue, Suite 370, Austin, Texas 78701 and the City of
GEORGETOWN (hereinafter "the City") located at BOB MARTIN LUTHER KING, JR. ST.
GEORGETOWN, TX 78626. The Parties agree that the Consultant will for the following
compensation and under the following terms and conditions provide the City with the
following scope of services:
1. Scope of Services:
Specifically, Consultant will:
1. Represent the City's general interests before the Texas legislature as directed by the
City Manager;
2. Assist in the development of the City's legislative agenda;
3. Assist with the passage of legislative initiatives as adopted by the City Council;
4. Provide general guidance and consultation to the city regarding the City's legislative
and regulatory goals;
Develop strategies and generally work to gain support to advance the City's legislative
and regulatory goals;
6. Work to defeat legislation the City deems detrimental;
7. Provide the City with timely updates regarding the status of pending legislation and
rule makings;
8. Provide the City with an electronic tracking system which monitors the progress of
legislation that could affect the City;
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9. Advise and inform the City of upcoming legislative committee hearings (both during
the legislative session and during the interim);
10. Assist with the preparation and drafting of legislation and amendments;
11. Assist with the preparation and drafting of letters, speeches and other advocacy
materials;
12. Assist with the preparation of City officials who testify before legislative bodies; and
13. Attend and monitor on the City's behalf legislative hearings, agency hearings,
stakeholder meetings, TML meetings, and interim legislative committee hearings;
14. As directed, represent the City's interests before the regulatory bodies of Texas and
various state agencies of the Texas executive branch by informing the City of key state
agency hearings and developments at the Texas Comptroller of Public Accounts,
Department of Transportation, Public Utility Commission , General Land Office,
Railroad Commission, Water Development Board, Commission on Environmental
Quality, and the Department of Housing and Community Affairs; and
15. As directed, engage with state agency staff and personnel to protect or advance the
city's interests during administrative rule -making proceedings.
2. Term:
The term of this Agreement shall be from the Effective Date through December 31, 2021..
Any services provided by the Consultant during the period between January 1, 2020 and the
Effective Date will be paid at the rate set forth herein.
3. Renewal.*
At the mutual agreement of both parties, this Agreement may be renewed for one additional
24-month period.
4. Retainer Compensation & Billing;
In consideration for the performance of the services outlined in this Agreement during the
period covered by this Agreement, the City agrees to pay Consultant $8,333.33 per -month.
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Monthly invoices will be sent on or around the 1St day of each month and all payments shall
be processed in accordance with the Texas Prompt Payment Act, Texas Government Code
Chapter 2251.
Payment shall be either electronically deposited directly to the bank account provided by the
Consultant or otherwise mailed to Focused Advocacy at 816 Congress Avenue, Suite 370,
Austin, Texas 78701.
In addition to the monthly retainer, the City shall also reimburse Consultant three hundred
and fifty dollars ($350) per month for the meals and related out of pocket expenses incurred
by the Consultant associated with the client -related business meetings hosted by the
Consultant in furtherance of the duties and services required by this Agreement. This is a
fixed amount reimbursement that will be billed monthly and will not be accompanied by
receipt.
The City agrees to pay the Consultant this reimburse of expenses at the same time it pays the
monthly retainer.
In addition, the City will reimburse Consultant for any reasonable and customary expenses
related to travel requested of the Consultant by the City (i.e. - airfare, mileage, rental cars,
taxis, hotels, travel -related meals).
6. Termination:
This Agreement may be terminated without cause provided the City provides the Consultant
ninety days (90) written notice. Effective from the date written notice is delivered to the
Consultant, the City is responsible for and Consultant shall be fully compensated by the City
for the retainer due during the 90-day period for termination without cause.
The City may also terminate the Agreement with thirty days (30) written notice if
termination is caused by a conflict of interest as governed by Chapter 305, Government Code
regarding legislation that cannot be resolved between the City and another client of the
Consultant regarding a specific piece of legislation. Effective from the date written notice is
delivered to the Consultant, the City is responsible for and Consultant shall be fully
compensated by the City for the retainer due during the 30-day period for termination due
to a conflict.
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7. Points of Contact:
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Unless directed otherwise, the City Manager shall act as the point of contact for the City and
Brandon Aghamalian and Snapper Carr shall act as the point of contact for the Consultant.
The Consultant will take its direction and work orders from the City Manager.
8. Comm iance with Texas Ethics Laws:
The Consultant agrees to comply with all applicable state lobby registration and reporting
laws and with all applicable state authorities including the Texas Ethics Commission.
9. Conflicts of Interest:
Should any other client of the Consultant take a position on a piece of legislation that is in
opposition to the position of the City or should Consultant believe that its representation of
the City is materially affected by the position taken by another client, Consultant will comply
with all applicable state laws regarding conflicts of interest and will notify in writing the City
within two (2) business days from the date Consultant became aware of the conflict.
Consultant must obtain written permission from the City to continue its representation.
If the conflict is between the City and any private -sector client of the Consultant, then
Consultant shall resolve the conflict in favor of the City.
10. Consultant Relationsh :
It is understood by the parties that Consultant is an independent Consultant 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.
11. Confidentiality:
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 Agreement and as required by law. It is understood by
Consultant that the materials produced and provided under this Agreement are the property
of the City and shall be returned to them upon request.
12. Expansion of Scope of 5ervimi;
This Agreement is expressly limited to the scope of services detailed herein.
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Any additional services requested by the City will necessitate an amendment to this
Agreement with new terms and compensation.
13, Boycott Israel:
Texas Government Code Chapter 2270 prohibits a city from entering into a contract with a
company for goods and services unless the contract contains a written verification from the
company that: (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term
of the contract. By entering into this Agreement, Consultant verifies that it does not Boycott
Israel, and agrees that during the term of this Agreement Consultant will not Boycott Israel
as that term is defined in the Texas Government Code Section 808.001, as amended.
14, Entire Aereement and Modificatiorm
This Agreement contains the entire agreement and understandings of the parties with
respect to the subject matter hereof and supersedes all prior or contemporaneous
agreement or understandings, whether oral or written, negotiations and discussion This
Agreement may not be modified, rescinded or terminated orally, and no modification,
rescission, termination or attempted waiver of any provision hereof (including this section)
shall be valid unless in writing and signed by both parties.
This Agreement is accepted on as evidenced by the execution hereof
by the signatures of the undersigned.
Signature - City of GEORGETOWN
'% �' P &'�-5
Printed name & title
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Signature - Focused Advocacy
Brandon Aghamaliaii, Pre
sident
Printed name & title
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"cAam 1\ I CJb February 7 2020
Date iDate