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HomeMy WebLinkAboutResolution - 2016-R0450 - Service Agreement - Hance Scarborough LLP - Lobbying Consulting Services - 12_15_2016Resolution No. 2016-RO450 Item No. 6.19 December 15, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Service Agreement for Lobbying Consulting Services, by and between the City of Lubbock and Hance Scarborough, LLP, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 15 2016 DANIEL M. PO E, MAYOR ATTEST: A� , L-,, - - X Reb cca Garza, City Secreta APPROVED AS TO CONTENT: W. J ett Atkinson, City Manager APPROVED AS TQIORM: , First Assistant City Attorney RES.Service Agrmnt.Hance Scarborough, LLP 12.8.16 Resolution No. 2016-RO450 CITY OF LUBBOCK, TX Lobbying Consulting Services Service Agreement CONTRACT 13074-A This Service Agreement (this "Agreement") is entered into as of the 15th day of December 2016, ("Effective Date") by and between Hance Scarborough, LLP (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 17-13074-MA, Lobbying Consulting Services; and WHEREAS, the proposal submitted by the Contractor has been selected as a proposal which meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide lobbying services as described in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A —General Requirements 3. Exhibit B — Proposal 4. Exhibit C — Rates and Expenses Scope of Work Contractor shall provide the services that are specified in Exhibit A. Contractor shall comply with all the applicable requirements set forth herein, and in the Exhibits hereto. Article 1 Services 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibits A and B. City agrees to pay the amounts stated in Exhibit C, to Contractor for performing services. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. Nona ppropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: DANIEL M. POP , Mayor ATTEST: �;)'o Re tcca Garza, City Secretar APPROVED AS TO CONTENT: W. Jarr tt Atkinson, City Manager CONTRACTOR: Ting Partner rough, LLP GENERAL REQUIREMENTS SCOPE OF WORK EXHIBIT A a) The successful contractor will have municipal experience in providing lobbying services to assist the City of Lubbock in developing an agenda and securing funding. This agenda will include areas of general municipal government, including but not limited to: telecommunications, sanitation waste disposal, parks and recreational services, economic development, streets and transportation, sanitary sewer, stormwater, infrastructure, health, animal control, police and fire services, homeland security, grants, legislative issues that restrict the powers of local government such as eminent domain and annexation, and other issues affecting municipalities as more fully described in this RFP. b) The successful contractor must agree to be available at all times upon reasonable request to meet with City Council, City staff and others as specified in order to perform the responsibilities assigned; and to attend meetings, represent the interest of the City, and act as liaison between the City and all branches, departments, and agencies of the State government. It is expected that the successful contractor will review and understand the agendas of the House and Senate leaders at the State level in order to assist the City to strategically seek funds. c) The successful contractor will work collaboratively with the City of Lubbock City Council, City Manager and designated staff to develop the City's State program and represent the City's interests in Austin, Texas, or Washington, D.C., as needed. The successful contractor will handle a range of activities including, but not limited to: 1. Work closely with the City Council, City Manager, and key staff to develop and advocate a detailed strategic plan, to be referred to as the City of Lubbock State Legislative Program, for acquiring appropriations and funding for the City of Lubbock. 2. A minimum of two (2) meetings will be required in the City of Lubbock to assist in the development of the City's State Legislative Program. Status updates will be presented to the City Council on a semi-annual basis and as -needed or required throughout the term of the Contract. 3. Identify State grant opportunities; draft funding/grant applications in collaboration with the City, which addresses specific funding needs of the City; monitor and facilitate the progress of funding/grant applications through appropriate state agencies on behalf of the City, when requested. 4. Assist the City in the preparation of appropriations requests and required sub- committee forms. 5. Identify and aggressively act to obtain funding for the City of Lubbock projects. 6. Review on a continuing basis all existing and proposed State policies, programs, and legislation. Identify those issues that may affect the City or its citizens, and regularly inform the City on these matters. Provide legal and legislative expertise and consulting services. 7. Review the legislative policy statements adopted by the Texas Municipal League, National League of Cities and other local governments and lobbying groups for the purpose of identifying issues which may either positively or negatively affect the City. 8. Identify other state legislation of interest to the City, monitor action on these initiatives, and advocate the City's interest when appropriate. 9. Monitor State legislative committee meetings, agency hearings and meetings prior to and during the regular and special legislative session(s) at which specific issues with the City's adopted Legislative Program are considered, as well as other issues that may arise that affect the City. 10. Work with the City Council, City Manager and designated staff to develop special or general legislation in keeping with, or supportive of, the City adopted Legislative Program. 11. Develop and evaluate strategy for the support, opposition, or amendment of pending legislation. 12. Testify and lobby before State legislative and appropriations committees as necessary on behalf of the City, during the annual legislative session, extended, or special session(s) and at legislative committee meetings. Assist City Mayor, Council Members and Staff when testifying. 13. Appear and testify before agency hearings, rule making proceedings and other administrative agency or legislative meetings, as required, to promote, oppose, and seek passage of legislation affecting the City or its citizens, and specific legislation contained in the City's Legislative Program. 14. Coordinate appointments or meetings between the City Council, other designated individuals, and legislative/congressional leaders. 15. Assist the City in drafting any needed letters to legislative and congressional leaders regarding issues of interest and concern to the City of Lubbock. 16. Provide written monthly updates and quarterly status reports on the Contractor's achievements as they relate to the goals and objectives set forth in the City's Legislative Program. 17. Other required reports may include, but not necessarily be limited to, personal briefings and information bulletins pertinent to any legislation, rules, or regulations and other State policies or programs that affect the City and its citizens either directly or indirectly. 18. While the Legislature is in Session, a written summary report shall be submitted at the end of each week detailing legislative action taken during the week, status of legislative issues, anticipated action for the upcoming week, and suggestion action that City staff or elected officials may implement. 19. A written report that summarizes the status of the City's Legislative Program shall be provided within one (1) week of the closing of the session and a more detailed final written report on specific legislation and new requirements affecting the City shall be provided within a reasonable time period, not to exceed thirty (30) days from the close of session. 20. When the Legislature is not in Session, the successful contractor shall provide periodic reports (at least monthly) on issues of interest or concern to the City. Such information may include, but not necessarily limited to: action taken at interim committee meetings, rule making hearings, status of studies underway, and advance notice of legislation being proposed. OTHER TERMS AND CONDITIONS a) INDEMNIFICATION IT IS FURTHER AGREED THAT THE CONTRACTOR (SEPARATELY AND COLLECTIVELY THE "INDEMNITEE") SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT. SUCH INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, OR LIABILITY ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY, ANY OTHER PARTY INDEMNIFIED HEREUNDER, THE CONTRACTOR, OR ANY THIRD PARTY. b) Release The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. c) Non Arbitration The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. d) Reports Contractor agrees to be solely responsible for preparation and filing of all applicable activity reports. Contractor represents that he/she has registered with the Texas Ethics Commission as a lobbyist, that the registration fee is current and all required reports are current, complete, and accurate. Contractor warrants that at all times during the term of this Agreement he/she shall remain in full compliance with all applicable laws, reporting requirements, and payment of all regulatory fees required for the performance of the intended purposes of this Agreement. Client acknowledges that all Contractor's reports on file at the Texas Ethics Commission are available for public inspection. e) Conflict of Interest, Loyalty & Legal Compliance Contractor agrees that the signing of this Agreement constitutes a warranty and covenant of complete loyalty and confidence to City and its best interest. Contractor further understands that the ultimate benefits of this arrangement should be to City, and Contractor will work diligently and to his utmost ability to insure that City is represented most adequately and without conflict of interest. Contractor is responsible to assure that City be represented without any actual conflict of interest, or the appearance of conflict of interest, and shall perform that representation within the laws of the State of Texas and the United States of America. Contractor agrees to comply with conflicts of interest provisions required by law, and by the rules and regulations of the Texas Ethics Commission. The warranty, covenant and obligations of this paragraph survive expiration or termination of this contract for a period of 90 days from date the Agreement ends. f) Contract Term The contract shall be for a term of one (1) year, said date of term beginning upon formal approval. The contract may be renewed for an additional one (1) year term under the same terms and conditions upon written agreement from both parties. TAB A QUALIFICATIONS AND EXPERIENCE 1. Introduction EXHIBIT B Hance Scarborough, LLP is a 17-person firm with offices at 400 W. 15th Street, Suite 950, in Austin, Texas 78701. Our phone number is 512.479.8888. Facsimile: 512.482.6891 Small, boutique lobby -only firms often rely on political relationships that are presently in power, or have only recently developed through relationships with specific members or legislative staff. This Firm's team of professionals has successfully represented clients for close to 20 years as a group, and 40 years or more as individuals. The Law Firm of Hance Scarborough, LLP, was founded by the Honorable Kent. R. Hance in 1994. Mr. Hance, who developed our team of seasoned lawyers and professional lobbyists, served as the Chancellor of the Texas Tech University System for 8 years and rejoined his law firm in 2014. The Firm's lobby professionals have worked with administrations and state and federal public officials led by Republicans, Democrats, and Independents. The Firm offers tested experience. It has provided a variety of clients with successful advice during both good and bad economic times. Texas has grown and the needs of its communities and citizens have changed dramatically, including the impact of federal mandates that have altered our state and local governments' very ability to self -govern. The Firm's legal professionals, who represent local governments, individuals, and business entities before state and federal regulatory agencies, provide a valuable resource and "real work knowledge" for our lobby professionals. The Firm's professionals understand that every issue for our clients is important. We are extremely proud of our professional reputation for being ethical, effective, and respected by public officials and decision makers at the local, state and federal levels. We are prepared to aide City officials and staff in: • Policy and strategy development • Legislative research and analysis • Bill drafting • Bill tracking of issues that could affect the City of Lubbock • Drafting letters for the Mayor and Council members to public officials • Monitoring of key legislative committees and agency hearings • Presenting testimony before Texas House and Senate Committees • Monitoring and testifying as needed before agency hearings • Monitoring municipal issues through the Texas Municipal League and National League of Cities. Project Manager Robert Floyd has a great rapport with TML lobbyists; there may be some instances that the City of Lubbock and TML are not aligned, but the Firm has had a very positive communications relationship with TML • Assisting the Mayor, Council Members, and staff in testimony preparation • Direct advocacy before the legislative and executive branches • Coalition building and message development • Contacting members of the Texas Congressional Delegation as needed • Providing legislative status updates as required by the Mayor, Council Members, and staff • Assisting with grant applications at state and federal level 2. Firm Team and Project Manager Kent Hance is an attorney and governmental relations expert with a legendary career in Texas and on Capitol Hill, first as a Democrat, then as a Republican. Hance maintains an active presence in both the state and federal political arenas. His reputation and ability to represent clients at all levels of government is highly sought after, in large part because of his ability to reach policy makers at the highest levels of federal and state government. Hance presently serves on U.S. House Speaker Paul Ryan's Finance Committee, as well as the Finance Committees for Texas Lt. Governor Dan Patrick and Texas House Speaker Joe Straus. Hance also chairs Lt. Governor Patrick's Economic Forecast Advisory Committee. His close work with former Governor Rick Perry and Governor Greg Abbott has spanned two decades. In the past, Mr. Hance served as Chairman of Speaker John Boehner's Finance Committee for the Southwest, on the Finance Committees for U.S. Senator/Majority Whip John Cornyn and former U.S. Senator Kay Bailey Hutchison. He was also involved in the Presidential Campaigns for former President George H. W. Bush and President George W. Bush. He served as Chancellor of Texas Tech University from 2006 through 2014. Hance is currently a partner with the Austin law firm Hance Scarborough, LLP. His primary focus is state and federal administrative, regulatory, and legislative law. Robert A. Floyd will serve as chief lobbyist for the Firm and will be the project manager for the City. He will also serve as the Firm's liaison with the Texas Municipal League and other municipal organizations. Mr. Floyd will directly lobby with members of the Texas House and Senate as well as with the legislative leadership, including the office of Governor, Lieutenant Governor, and Speaker of the Texas House of Representatives. He will report directly to the Mayor, City Manager, and other staff designated by the City Manager. He will also coordinate testimony before legislative committees for the Mayor, Council, and staff who may be asked to testify on City and related legislation. Mr. Floyd has been a professional lobbyist and trade association executive for 43 years, and will be beginning his 44th year of work before the Texas Legislature. He was President of the Texas Motor Transportation Association for over 20 years and later the Texas Society of Association Executives. He has lobbied before the Texas Legislature, administrative agencies and the U.S. Congress since 1973. He is known for his ability to work across party lines. He is the author of The Courage to Lead: An Essential Guide for Volunteer Leaders, Board Trustees, and Public Servants. Mr. Floyd received his B.A. degree in government from Southwest Texas State University (1968) and an M.A. degree in political science from the University of Arizona (1972). He is a Vietnam Veteran. Jay Stewart, managing partner of Hance Scarborough, LLP, has been directly involved with the City of Lubbock's representation in previous years, providing advice and counsel to the City on issues before the Texas Commission on Environmental Quality, Public Utility Commission of Texas, Office of State Comptroller, Railroad Commission of Texas, Texas Department of Transportation, the Texas Bond Review Board and other administrative agencies. He also has extensive experience before U.S. Environmental Protection Agency and Texas Department of Housing and Community Affairs. Mr. Stewart will be comprehensively involved with both legislative and regulatory issues impacting the city. He graduated from Texas Tech School of Law. Cheri Huddleston, has been a lobbyist with Hance Scarborough, LLP for the last 10 years. She served for nearly 12 years as a senior staff member for a Texas State Senator. Ms. Huddleston directly lobbies with members of the Texas House and Senate and with the legislative leadership, including the Office of the Governor, Lt. Governor and Speaker of the Texas House of Representatives. Through her tenure, she gained knowledge of the Senate and House Rules, the legislative process, researching topics, and has developed continuing relationships with staff and office holders, helping draft legislation, and analyzing bills. Ms. Huddleston has extensive experience representing clients regarding issues as diverse as healthcare, pharmacy, insurance, workers' compensation, public financing, economic development, and transportation. Ms. Huddleston meets frequently with policy makers and top administrators of state regulatory agencies. She is a graduate of the University of Texas and is the daughter of two practicing pharmacists. Mike Woodward, is a Senior Partner of Hance Scarborough, LLP. He has practiced administrative law since 1985 and has administrative and regulatory law experience. Mr. Woodward graduated from Texas Tech University and the Texas Tech School of Law. He has represented clients before the Texas Commission on Environmental Quality, Department of Housing and Community Affairs, Office of the Attorney General of Texas and other state agencies. He has testified before the Texas Legislature and numerous state agency public hearings. He also represents clients on federal regulatory matters. Amanda Biediger, legislative assistant, will have the responsibility of day-to-day bill tracking and legislative research, including monitoring City related bills in committees and legislative calendars. She will also monitor the media, including the Internet and major daily newspapers for articles that pertain to the City and other municipalities. She will assist in making appointments for City officials with legislators, staff, and other public officials. Ms. Biediger has a degree in Political Science and a minor in Business Administration from Texas State University. Lilian Morales, is responsible for preparing all lobby reports and ethics compliance requirements by the Texas Ethics Commission. She also is the administrator for the firm's political action committee, HS Law PAC. She is a graduate of Stanford University. 3. 36-Month Consulting Services From January 2005 to 2011—the Firm represented only one municipality before the Texas Legislature —the City of Lubbock. This allowed the Firm to avoid conflicts and focus on the City's agenda. We have attached as Addendum Item 1, the four end of session reports to the Mayor, City Manager, and Council. During the past several years, the Firm has performed consulting services for the following entities that would be somewhat related in both size and scope: • The Lufkin -Angelina County (Texas) Economic Development Partnership • The Big Spring (Texas) Economic Development Corporation • The City of Gainesville, Texas • The City of Littlefield, Texas These services will be described under Item 5. 4. Not Applicable 5. Obtaining Funding The Firm has procured funds for: The Lufkin -Angelina County Development Partnership ✓ 2008--$450,000 for city water infrastructure project --City of Lufkin ✓ 2008--$300,000 for convention center project --City of Lufkin ✓ 2009--$98,000 for convention center project --City of Lufkin ✓ 2010--$200,000 for junior college medical careers training program --Angelina College ✓ 2010--$400,000 for city water infrastructure project --City of Lufkin ✓ 2010--$500,000 for county park renovations project --Angelina College The City of Gainesville, Texas ✓ $500,000 for city wastewater treatment project —City of Gainesville The Big Spring, Texas, Economic Development Corporation The Firm was previously retained by the Big Spring Economic Development Corporation. ✓ To oppose the privatization, possible closing or relocation of the Big Spring State Hospital in order to preserve the operating integrity and funding of the West Texas Centers for MHMR during the 79`h Legislative Session. This project was successful. ✓ To represent the City of Big Spring and Howard County before the U. S. Congress and Veterans Administration against their attempt to close or relocate the West Texas VA Medical Center under the federally proposed Capital Asset Realignment of Enhanced Services (CARES) project. The Firm was successful in helping to protect this $174 million asset to the city of Big Spring and Howard County. 6. Expertise and Strengths Beneficial to the City of Lubbock While Home Rule Cities under Texas Law enjoy considerable independence from the State Government and have considerable rule making authority over the lives of the citizens, they are still incredibly vulnerable to the actions of the Texas Legislature as illustrated under a) 3 SCOPE OF WORK, II. General Requirements. State mandates, as well as federal, can have a drastic impact on the City's budget, tax structure and economic development. Of particular significance in 2017, some legislators who want to prevent local control over various issues, including ride -sharing company regulations, will threaten municipalities and local governments. The Firm's regulatory, legal, political experience and expertise are well positioned to address all of the City's needs and issues, as stated in the credentials of the team that will be working for the City. Our administrative law specialists have developed extensive practices before all of the major regulatory agencies and have fostered long lasting relationships with the staff of these agencies. The Firm has exceptional access to department heads and the staff of state agencies. The Firm has established relationships with the leadership of the Texas Legislative and Executive Branches, including all statewide elected offices. We have both credibility and access to the decision makers in Austin and are known for our ability to work effectively in both Chambers and across both sides of the aisle. We maintain a constant presence at the Capitol and work with legislators and staff during the interim between sessions. Addendum Number One Final Session Reports to Mayor and City Council for 2005-2011 Addendum Number Two Legislative Interim Issues that could impact the City 7. Unique Characteristics of the Firm The Firm represented the City of Lubbock for nearly eight years and had a successful track record advocating for the City over four legislative sessions in Austin. The Firm has built solid relationships with the members and staff of the Lubbock and West Texas Delegations. The Firm has solid "West Texas Roots" in that our founder, Kent Hance, represented Lubbock and parts of West Texas in the Texas Legislature and United States Congress. Every member of our administrative law team graduated from Texas Tech University. The Firm's project manager is a West Texan. We believe that our Firm has the individual and team talent, breadth of experience, longstanding strength and energy; and, finally, the depth of commitment to the City to effectively represent the citizens and taxpayers of Lubbock before the Texas Legislature and state administrative agencies. TAB C Methodology, including technical approach and understanding of the scope of the project. 1-3. As the Firm has done in previous legislative sessions, we are prepared to work with the Council and staff to prepare a Session Strategy. First, we will identify the major issues in the 85th Session that could have a direct impact on the City, such as water, utility regulation, ride -sharing regulations, telecommunications, transportation, eminent domain, sales tax holidays, and other issues what would affect the powers of local government. Second, we need to identify local issues that may require legislation or state appropriations and then prioritize these issues. Every legislative agenda has a "wish list," but emphasis must be on the key concerns that will be most beneficial to the City and its citizens. Third, after identifying and establishing our legislative priorities, we should meet with the Lubbock legislative delegation, including Senator Perry, Representative Frullo and Representative Burrows to review and get 'buy -in' for the City's agenda. As in previous years, the Firm has always briefed the legislative staff in Austin prior to the session. Tentative Timeline in Advance of the 85th Legislative Session The Firm will comply with all requests by the Mayor and City Manger for meetings in the City, prior to the session, during the legislative session and the interim. We would suggest the following actions in order to prepare for the 85th Legislature, which convenes on January 10, 2017. • City Manager requests input from department heads on subjects in their area that should be monitored during the session or that may require the introduction of legislation. • As soon as the Mayor and City Manger have vetted department requests, Firm representatives will meet with the Mayor, City Manager, and designated staff in Lubbock to discuss issues most critical to the City. • The Firm will submit a session strategy plan to implement legislative objectives. • Firm representatives will return to Lubbock to meet with the Mayor and City Manager to confirm strategic plan. • City Council approves strategic plan and legislative priorities. Hold meeting with Lubbock Legislative Delegation to communicate goals and objectives, and get feedback from Senator Perry and Representative Frullo and Representative Burrows. Firm representative meets with legislative staff in Austin to (1) review issues (2) draft legislation (3) prefile potential legislation. November 14, 2016 is the first day of prefiling bills for the 85th Legislature. The Firm begins tracking bills immediately upon prefiling. We retain Telicon Legislative Services to track legislation and report every action involving bills of interest. Each session literally thousands of bills are introduced, and the Firm closely monitors and will track all legislation related to the City of Lubbock, municipalities, local governments and all major categories, including those issues listed under Item 3 b) under the SCOPE OF WORK: telecommunications, sanitation waste disposal, parks and recreational services, economic development, streets and transportation, sanitary sewer, storm water, infrastructure, health, animal control, police and fire services, homeland security, grants and legislative issues that restrict the powers of local government such as eminent domain and annexation. During the legislative session, the Firm has one legislative assistant dedicated to full time bill tracking and bill monitoring. Other members of the Firm team also scrutinize any bill that has the potential to be amended to affect the City's interests. The Firm receives the Legislative Issues Brief from the Texas Municipal League, and regularly collaborates and shares information with TML representatives. 85th Legislative Session The Texas Legislature convenes on January 10, 2017 for 140-calendar days. The last day of the Regular Session (Sine Die) is May 29, 2017. June 18, 2017, is the last day the Governor can sign or veto bills. One of the most critical dates of any legislation is the deadline date for filing bills, which is March 10, 2017. It is crucial, however, that any of the City's bills that we are trying to enact be introduced as early as possible, to prevent them from being caught up in proverbial logjam at the end of the session. In the Texas Senate, traditionally, the Lt. Governor appoints standing committees by the second week of the session. In the House, however, the Speaker does not usually announce committee appointments until February. As soon as committees are appointed, the Firm will meet with the staff of the Lubbock Delegation to ensure that the City's bills are referred immediately and to the correct committee of jurisdiction. We will then begin contacting the Chairmen and committee staff to set the City's bills for public hearing at the earliest possible date —again to ensure that the City's agenda does not get bogged down at the end of the session. We will also contact the Texas Legislative Council, which has the responsibility to draft all bills and resolutions for both the House and the Senate to provide information and background on the City's legislation and to answer any questions. Over the course of the next few weeks, we will continue to monitor the appropriate committees and staff, track bills of importance, and communicate frequently with the Lubbock delegation and other key decision makers. The Firm will file weekly progress reports with City officials as well as communicate by phone as necessary. A maior decision/action point occurs when one of the City's bills has been set on the committee agenda for public hearing. Previously, we will have worked with legislative staff and the appropriate City staff to develop talking points, background and potential testimony on the legislation. We then discuss strategy with staff and the bill sponsor to determine if written testimony is sufficient or if oral testimony by a City representative is needed. Depending upon the technical nature of the bill, the sponsor, for example Senator Perry, may feel that additional testimony from City staff is not required. However, if the bill sponsor feels it is important, the Firm will contact and work with the appropriate City staff to draft testimony, arrange scheduling, and appearance before the committee. As the Firm's team leader, Robert Floyd, has testified before numerous committees over the past 20 sessions of the Texas Legislature. He will consult with our bill sponsor, staff, and the City's staff to determine if his testimony will suffice or if a City staff person is more appropriate. NOTE: The Firm works very closely with representatives of the Texas Municipal League. As in the past, we may ask TML to "sign up" in favor of the City's bill at the public hearing. TML has always worked very cooperatively with the Firm's representatives on City initiatives. Another maior decision/action point occurs after the public hearing —when a vote is taken by the members of the committee to report the bill to the full House or Senate, for consideration. Prior to the committee hearing, Firm representatives will have met with all committee members to educate them about legislation intent of the bill —to answer questions, provide information, and very importantly, to request their support in favor of the bill. Firm representatives will continue to communicate with the staff of the Standing Committee to ensure that they file a timely committee report, so that the City's bill can be scheduled for discussion and placed on the legislative "calendar" (agenda) for passage of the bill by the full House or Senate as quickly as possible. While the processes of "how a bill becomes a law" are fundamentally the same in House and the Senate, there are various nuances and procedural differences that require special attention to ensure that the City's initiatives are moving toward final legislative approval and eventually to be signed into law by the Governor. 0 The Firm has the prime responsibility for representing the City of Lubbock in all City matters and issues that are considered during the 85th Legislature. It is our duty to keep a watchful eye on these issues - from the day the first bill is prefiled until the last day the Governor can sign or veto bills. It is the Firm's additional responsibility to notify City officials and staff when their services may be required to provide background documents, assistance with bill drafting, testimony, or any other information that may be needed to advance the City's agenda. The Firm is directly accountable to the Mayor, City Council, City Manager, and the citizens and taxpayers of the City of Lubbock. RATES AND EXPENSES Monthly fee: EXHIBIT C Seven thousand five hundred and no/100 dollars ($7,500) per month for the months of January, 2017 through June, 2017, payable on or before the first business day of every month. Two thousand five hundred and no/100 dollars ($2,500) per month for the months of July, 2017 through December, 2017, payable on or before the first business day of every month.