HomeMy WebLinkAboutC2012-241 - 7/31/2012 - ApprovedCONTRACT FOR PUBLIC AFFAIRS CONSULTING SERVICES
(City of Corpus Christi, Texas)
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This contract is made the day of July, 2012, between City of Corpus Christi, Texas,
having its principal place of business at 1201 Leopard, Corpus Christi, TX 7840 1 (hereinafter
"Client ") and Focused Advocacy having its principal place of business at 823 Congress
Avenue, Suite 1200, Austin, Texas 78701 (hereinafter "Consultant ") for the provision of
public affairs consulting services related to the Client.
1. Sgrvices. Consultant will provide the services described below.
a. At the direction of Client, represent the Client in dealings with elected and
appointed officials, legislative staff, regulators, and interested stakeholders on
matters of public policy identified by the Client with a particular emphasis on matters
that impact municipal services and budgets.
b. Provide analysis and tracking of government actions and decisions that could have
an effect on the governmental affairs strategy of the Client.
c. Advise Client on legislative actions contemplated and taken with respect to
identified issues and goals. Assist in the development of a comprehensive strategy to
accomplish Client's government affairs goals and objectives.
d. Assist the Client in the passage of legislative initiatives that are proposed and
identified by the Client as part of their overall legislative agenda.
e. 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 and staff.
f Use best efforts to provide information to and educate decision makers with regard
to Client's interests and government 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.
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g. Monitor, by attendance at meetings and otherwise, state legislative and regulatory
bodies considering legislation and /or rulemaking that would impact Client's
government affairs objectives and interests.
h. Monitor and track legislation that impacts Client's interest during the regular
session and any called special sessions of the Texas Legislature during the term of the
Agreement. Client or Consultant will identify such legislation as having a potential
material impact on Client's interests.
i. ConsuItant will assist in preparing city officials who testify before the Texas
Legislature. As part of this preparation the Consultant will assist in formulating
written and verbal testimony for city officials who provide testimony to legislative
and administrative bodies.
2. Client Support and Communication. 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. Snapper Carr and Brandon AghamaIian will serve
as the primary contact on behalf of the Consultant.
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, the decision to seek additional
professional advice and services, and from whom, shall rest exclusively with Client.
4. Expansion of Scope of Work 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 of additional compensation during this unlikely event. It is also understood
that the Consultant works independently of any additional consultants the Client
may have under contract.
S. Term This Agreement is effective on August 1, 2012 through July 31, 2013 (12
month period). Either party may terminate the contract by giving thirty (30) days
written notice to the other party.
6. Compensation In consideration for the performance of services, Client shall pay
fees as follows:
a. $6,000 (six thousand dollars) per month for the duration of the contract. The
fee will be billed on or about the first of each month.
823 CONGRESS AVENUE, STE.1200 + AUSTIN, TEXAS 78701 • INFO @FOCUSEDADVOCACY.COM
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b. Payment shall be made to Focused Advocacy, LLC, 823 Congress Avenue, Suite
1200, Austin, Texas 78701 (Attention: Snapper L. Carr).
7. Independent Contractor Relationshi . 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. Client agrees to pay Consultant's reasonable expenses incurred for pre -
approved travel made at Client's request for work connected to this agreement.
"Reasonable expenses" shall include airfare, hotels, taxis, shuttles, rental cars, meals.
Consultant agrees to comply with all applicable expense reimbursement policies of
the Client. Consultant shall provide documentation of all reimbursable expenses.
Client shall pay these invoices within thirty (30) days of receipt.
9. State Law. 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. 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 laws.
10. Lobby Activities and Reporting 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 branch. Texas Ethics Commission Rules
provide that a registrant receiving compensation or reimbursement for purposes
other than lobby activities may reasonably determine the amount of compensation
attributable to lobby activities and report only that amount. The rules define "lobby
activity" as "Direct communication with one or more members of Texas legislative
or executive branch to influence legislation or administrative action and activities in
preparing for such direct communication." The Consultant will allocate on a
reasonable basis, as allowed by the rules, the amount of the retainer paid to the
Consultant that is being paid for "lobby activities ". Based upon Consultant's
experience representing other clients, the Consultant believes SO (fifty) percent will
be a reasonable estimate of the monthly retainer attributable to "lobby activities." It
is understood and agreed that the Consultant's activities will be monitored from
time to time so that any change in the amount of time spent on lobby activities as
823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO @FOCUSEDADVOCACY.COM
defined by the rules of the Texas Ethics Commission will be detected and updated, if
necessary.
11. Confi entiali . 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. Conflicts of Interest By signing this Agreement, Client is consenting to the
representation of multiple clients by the Consultant and 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 cares to avoid conflicts, unintended or otherwise,
which arise, if ever, in the future. It is understood that Consultant intends to focus
their legislative representation on local government issues and will undertake all
necessary steps to avoid and prevent conflicts of interests with private sector
interests. Consultant agrees to fully comply with the Texas Ethics laws concerning
conflicts of interests.
13. Termination. Either party may terminate this agreement, without cause, upon
thirty (30) days written notice to the other. The Client may also terminate this
contract with fifteen (15) days notice if termination is caused due to an irresolvable
conflict of interest.
14. Entire Agreement and Modifications 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 or 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.
City of Corpus Christi, Texas Focused Advocacy, LLC
823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TExAs 78701 • INFO @FoCUSEDADVOCACY.COM
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By:
Mr. Snapper L. Carr
General Counsel
Date: Auk 'D, QC)1 a
ATTEST:
City Secretary
APPROVED AS TO FORM:
City orney
Date: Z' ;f �— e
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823 CONGRESS AVEN UE, STE. 1200 0 AUSTIN, TEXAS 78701 • INFO @FoCUSEDADVOCACY.COM
City Manager