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Home My WebLink About08-05-19 City Commission Packet Materials - C10. Contract with Crowley Fleck for Lobbying Services for the City of Bozeman Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrea Surratt, City Manager SUBJECT: Lobbying Services for the City of Bozeman MEETING DATE: August 5, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with Crowley Fleck to provide legal services in connection with Governmental Affairs representation of the City. BACKGROUND: Legal services will be focused upon monitoring the activities in various interim committees that would affect the Legislative Priorities of the City of Bozeman, specifically in the areas of taxation and infrastructure. Aimee Grmoljez of Crowley Fleck 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 $15,000. The FY20 Budget included funds for legal services in the contracted services line item. Attachments: Attorney/Client Contract Scope of Work 122 ATTORNEY-CLIENT FEE CONTRACTThis Attorney-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 $ 15,000.00 for representation during theperiod of July 1, 2019 to June 30, 2020. Client agrees to pay $1,250.00 prior to the end of each month for July, 2019through June of 2020. If the $15,000.00 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)449-4165^i/^.^u .Aimee M. Grmol^Date:^f^; l^CityofBozemanBy:_Andrea SurrattDate:123 SCOPE OF WORK The preliminary scope of work involved for this project is outlined below. Additional tasks and work elements may be added during contract negotiations. It is also possible that tasks or elements could be deleted through negotiation. In its proposal, the consultant may recommend addition/deletion of tasks or 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 be provided by the prime consultant. The lobbying work must include the following elements: Task 1 – Represent and Advocate The consultant will utilize the best available information and materials provided by the City of Bozeman to represent and advocate for the interests of the City. The primary point of contact will be City Manager, Andrea Surratt. Task 2 – Provide an Interim Legislative Session Analysis The consultant will work with the City of Bozeman designated representative(s) to develop an Interim Legislative session political analysis and prioritized legislative agenda. Task 3 – Monitor Legislative Interim Committee Meetings and Hearings The consultant will monitor legislative interim committee meetings and hearings of interest to the City of Bozeman and provide immediate updates to the City of Bozeman’s designated representative(s). Task 4 – Draft Public Testimony, Support Letters, Talking Points, and White Papers The consultant will utilize best available information provided by the City of Bozeman to draft public testimony and other written materials for presentation by the consultant or others on behalf of the City of Bozeman. Task 5 – Advise and Counsel The consultant will utilize best available information to advise and counsel the City of Bozeman with respect to committee actions, regulatory changes, the political environment, and industry trends in Montana. Task 6 – Understand and Communicate the City of Bozeman’s Positions The consultant will coordinate with the City of Bozeman to understand the City’s position with respect to legislative and regulatory issues and communicate the position to legislators, legislative committees, state agencies, regulators, and other parties. Task 7 – Develop and Enhance Relationships The consultant will enhance relationships between the City of Bozeman and the State of Montana, state agencies, and other municipalities through the consultant’s personal and professional networks. The consultant will monitor key staff changes and report such changes to the City of Bozeman. 124 Task 8 – Schedule Meetings and Appointments Within 48 hours of receiving a scheduling request from the City of Bozeman, the consultant will make a good faith effort to schedule meetings and appointments with appropriate parties to discuss issues of interest to the City. Task 9 - Assist in Acclimating the City of Bozeman to Montana’s Legislative Environment The consultant will introduce the City of Bozeman representatives to key elected officials and familiarize the City with Montana’s political environment and the state legislative process. The consultant will provide helpful background information and briefing materials upon request. The consultant will be readily available to accompany City of Bozeman representatives to and around the Montana State Capitol, introduce City representatives to Committee Members prior to legislative hearings, and if necessary, the consultant will also be available to escort City representatives to state agency meetings and other destinations. Task 10 - Summarize Legislation of Interest to the City of Bozeman and Offer Strategic Counsel The consultant will prepare summaries of legislation affecting the City of Bozeman’s interests and help the City develop strategic approaches for accomplishing Interim legislative priorities. Task 11 - Perform Ad Hoc Duties The consultant will be available to provide ad hoc duties as requested by the City of Bozeman within the scope of this contract. Contract Total for above services: approximately $15,000.00 125