HomeMy WebLinkAbout07-16-18 City Commission Packet Materials - C7. Contract with Crowley Fleck for 2019 Lobbying
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrea Surratt, City Manager SUBJECT: Lobbying Services for the City of Bozeman
MEETING DATE: July 16, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with Crowley Fleck for legislative lobbyist services representing the City of Bozeman for the
2019 Legislative Session.
BACKGROUND: The City of Bozeman solicited several updated proposals for Legislative Lobbying Services, seeking consultants qualified to provide professional services to represent the City of Bozeman’s interests during the upcoming 2019 Montana State Legislative Session. The Consultant will work with the City Manager and City Commission to set a legislative agenda with the focus to be upon infrastructure investments, local option sales tax alternatives, and close
monitoring of any TIF legislation. With these as the key issues, a full legislative agenda will be developed. The City received two proposals: one from Aimee Grmoljez of Crowley Fleck and the other from Drew Geiger of Communications and Management Services. After reviewing each of the
submissions, the decision was made based upon recent similarly successful work with Aimee Grmoljez to enter into a contract for the services of her firm Crowley Fleck. Aimee Grmoljez is a Partner and leads the Helena Government Affairs and Litigation Departments and has experience as a trial attorney and director of government affairs for clients
in areas of taxation, natural resources, healthcare, banking, tourism and non-profit. Since joining Crowley Fleck in 2009, Aimee’s principal areas of practice are government affairs and insurance defense litigation. She chairs the government affairs practice group at Crowley Fleck. UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The contract amount will be approximately $40,000. The FY 2019 Budget included funds for lobbying services in the contracted services line item.
Attachment:
PSA for Lobbying Services
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ATTORNEY-CLIENT FEE CONTRACTThis Attomey-Client Fee Contract, hereinafter "Contract," is entered into by and between City ofBozeman,hereinafter referred to collectively as "Client," and Crowley Fleck PLLP, hereinafter "Attorney."1. Conditions. Attorney will have no obligation to provide legal services until Client returns a signedcopy of this Contract.2. Scope and Duties. Client hires Attorney to provide legal services in connection with GovernmentalAffairs representation of the Client. Aimee Grmoljez will be the primary attorney for purposes of providing servicesunder the Contract. Attorney shall provide legal services reasonably required to represent Client, and shall takereasonable steps to keep Client informed of progress and to respond to Client inquiries. Client shall be truthful withAttorney, cooperate with Attorney, keep Attorney informed of developments, abide by this Contract, pay Attorney'sbills on time and keep Attorney advised of Client's address and telephone numbers.3. Legal Fees. Client agrees to pay Attorney a retainer of $40,000.00 for representation during theperiod of September 1, 2018 to May 1, 2019. Client agrees to pay $2,000.00 prior to the end of each month forSeptember through December of 2018. Client agrees to pay $8,000.00 prior to the end of each month for Januarythrough April of 2019. If the $40,000.00 retainer is substantially out of line with the governmental affair needs of theClient, adjustments to this Contract can be made upon mutual agreement of Client and Attorney.4. Discharge and Withdrawal. Client may discharge Attorney at any time. Attorney may withdraweither with Client's consent or for good cause under our rules of professional conduct. Good cause includes, withoutlimitation, Client's breach of this Contract, Client's refusal to cooperate with Attorney or to follow Attorney's advice ona material matter or any other fact or circumstance that would render Attorney's continuing representation unlawful orunethical.5. Client Acknowledgment. The Client acknowledges that this engagement involves the limited scope oflobbying. Client also agrees that the terms of Attorney's engagement letter of the same date as this Contract areincorporated by reference and made a part of this Contract.CROWLEY FLECK PLLP900 North Last Chance Gulch, Suite 200P.O. Box 797Helena, MT 59624-0797(406)449-4165ByAimee M. GrmoljezDate: ^ ^f I &City of BozemanBy:_Andrea SurrattDate:132
SCOPE OF WORKThe preliminary scope of work involved for this project is outlined below. Additional tasks and workelements may be added during contract negotiations. It is also possible that tasks or elements could bedeleted through negotiation. In its proposal, the consultant may recommend addition/deletion of tasksor modification of tasks in describing its particular understanding and approach for the project.Proposals must also clearly identify any elements of the proposed scope of work that would not beprovided by the prime consultant.The lobbying work must include the following elements:TasU. - Represent and AdvocateThe consultant will utilize the best available information and materials provided by the City of Bozemanto represent and advocate for the interests of the City. The primary point of contact will be CityManager, Andrea Surratt.Task 2 - Provide a Pre-Session AnalysisThe consultant will work with the City of Bozeman designated representative(s) to develop a pre-sessionpolitical analysis and prioritized legislative agenda.Task 3 - Identifv Legislative Priorities and Confirm the City of Bozeman's Policy PositionsThe consultant will work with the City Manager and elected officials to identify 2017 legislativepriorities. The consultant will participate in up to two (2) pre-session meetings prior to Montana's 66thlegislative session between September 1, 2018 and January 2, 2019.Task 4 - Track LegislationThe consultant will review and monitor legislation and so advise the City of Bozeman. The consultant willidentify, track, and monitor legislative activities and provide regular weekly reports to the City ofBozeman and extemporaneous intelligence as needed. There will be 2-3 priority areas that receiveadditional focus from the City and the consultant.Task 5 - Monitor Lefiislative Committee Meetings^rid HearingsThe consultant will monitor legislative committee meetings and hearings of interest to the City ofBozeman and provide immediate updates to the City of Bozeman's designated representative(s).Task 6 - Draft Public Testimony, Support Letters, Talking Points, and White PapersThe consultant will utilize best available information provided by the City of Bozeman to draft publictestimony and other written materials for presentation by the consultant or others on behalf of the CityofBozeman.Task 7 - Advise and CounselThe consultant will utilize best available information to advise and counsel the City of Bozeman withrespect to committee actions, regulatory changes, the political environment, and industry trends inMontana.133
Task 8 - Understand and Communicate the City of Bozeman's PositionsThe consultant will coordinate with the City of Bozeman to understand the City's position with respectto legislative and regulatory issues and communicate the position to legislators, legislative committees,state agencies, regulators, and other parties.Task 9 - Develop and Enhance RelationshipsThe consultant will enhance relationships between the City of Bozeman and the State of Montana, stateagencies/ and other municipalities through the consultant's personal and professional networks. Theconsultant will monitor key staff changes and report such changes to the City of Bozeman.Task 10 - Schedule Meetings and Appo i nt m e ntsWithin 48 hours of receiving a scheduling request from the City of Bozeman, the consultant will make agood faith effort to schedule meetings and appointments with appropriate parties to discuss issues ofinterest to the City.Task 11 - Assist in Acclimating the City of Bozeman to JVIontcma's^Legjslatiye EnvironmentThe consultant will introduce the City of Bozeman representatives to key elected officials and familiarizethe City with Montana's political environment and the state legislative process. The consultant willprovide helpful background information and briefing materials upon request. The consultant will bereadily available to accompany City of Bozeman representatives to and around the Montana StateCapitol, introduce City representatives to Committee Members prior to legislative hearings/ and ifnecessary, the consultant will also be available to escort City representatives to state agency meetingsand other destinations.Task 12 - Summarize Legislation oLLnterestto the City of Bozeman and Offer Strategic CounselThe consultant will prepare summaries of legislation affecting the City of Bozeman's interests and helpthe City develop strategic approaches for accomplishing legislative priorities.Task 13 - Provide Legislative AnalysesThe consultant will provide the City of Bozeman with a mid-session report and a post-session analysis ofthe 66th Session of the Montana State Legislature.Task 14 - Perform Ad Hoc DutiesThe consultant will be available to provide ad hoc duties as requested by the City of Bozeman within thescope of this contract.Contract Total for above services: approximately $40,000.00134
NON-DISCRIMINATION AFFIRMATION FORM
_________________________ [name of entity submitting] hereby affirms it will not discriminate
on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because
of actual or perceived sexual orientation, gender identity or disability in the performance of
work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the
eventual contract, if awarded, will contain a provision prohibiting discrimination as described
above and that this prohibition shall apply to the hiring and treatment of the
_________________________ [name of entity submitting] employees and to all subcontracts it
enters into in performance of the agreement with the city of Bozeman.
Signature: ______________________________
Person authorized to sign on behalf of the vendor
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