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HomeMy WebLinkAboutRES 23-038RESOLUTION NO. 23-038 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, be and he is hereby authorized to enter into an agreement with HillCo Partners, of Austin, Texas, in the amount of $7,500.00 per month during the regular session with any necessary special sessions, and $3,500.00 per month during non -legislative months as well as reasonable expenses. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - r12 City of Beaumont � �t•,rsi�ar;,,� s�.�;�E�s Prepared by: HHICo Partners 823 Congress Ave, Suite 900 Austin, Texas 78701 (S12) 48089E2 Paae 11 INTRODUCTION This HiIICo Partners' ("HiIICo") proposal has been developed to provide government and regulatory consulting as well as advocacy services to the City of Beaumont ("City"). ABOUT H I LLCO PARTNERS HiIICo Partners is a full -service public and government affairs consulting firm, providing services in the lobbying, public policy, communications, and regulatory arenas. We focus on positively impacting our clients' agenda by identifying their specific governmental, community and business objectives and implementing fully integrated strategies to attain those goals. Today, HiIICo Partners is recognized as the premier public and government affairs consulting firm in the state. Collectively, HillCo's 15 registered lobbyists possess comprehensive policy expertise, intricate knowledge of governmental and regulatory processes, and unrivaled working relationships with state policymakers and regulators. Every member of our professional team has played a pivotal role in developing public policy and shaping legislative and regulatory agendas involving critical issues. For the last 15 years, HiIICo has been ranked by Capitol Inside as the top lobby firm in Texas. HillCo's individual team members have been ranked as Capitol Inside "Top Hired Gun" lobbyists and "Texas Lobby Rising Stars" and have been widely recognized as leaders in their individual disciplines. While most of the work we do directly impacting our clients takes place during the legislative session and the ongoing regulatory environment, HiIICo has also a practice of actively engaging with candidates and political campaigns. We regularly meet with candidates for open seats and in competitive races to discuss their priorities and client's interests. This puts our team strides ahead of others in relationship building. Gaining insight into candidates also allows us to advise our clients about who may be joining the ranks of elected officials which is crucial to pre -session planning. HiIICo also maintains a political action committee, HiIICo PAC, through which we make strategic contributions to many new and incumbent candidates. Alongside our team of professionals, HiIICo also maintains a state-of-the-art client Communications and Research team. In addition to publishing periodic session and interim updates in the form of client advisory newsletters, the team also tracks key legislation and agency rulemaking, produces summaries of hearings and meetings of interest, and produces analysis during campaign cycles including candidate backgrounds and financials. Content is published on the HiIICo website, accessible to all HiIICo clients. Paize 12 YOUR TEAM IN TEXAS Below is a listing of the professionals proposed to be responsible for and dedicated to this engagement. If this assigned lobby team requires additional resources to accomplish any City of Beaumont priority, HillCo will activate all necessary resources within the full 15-person lobby team to achieve those initiatives. Neal T. "Buddy' Jones is senior partner and co-founder of HiIICo Partners. He has occupied the top spot in the Texas Lobby Power Rankings since they were first published in 2003. In addition, members of the Texas Legislature, the media and lobbyists have consistently rated Jones the most effective government affairs consultant in Texas. Texas Monthly magazine named him one of the "25 Most Powerful People in Texas." The Dallas Morning News called him "The Man to See" and "among Austin's most influential lobbyists." Capitol Inside declared that no member of the Austin lobby "has wielded more sway" than Jones and that he is "one of the most successful lobbyists in the history of this state." One prominent author dubbed Jones a "very powerful lobbyist in Austin who has friends on both sides of the aisle. The son of a Texas Baptist minister, Jones used his political knowledge and skills to win the office of County Attorney of Hill County in 1976. He advanced his public service career in 1979, when he was promoted to District Attorney of the 66th Judicial District of Texas. Two years later, in 1981, Jones won a seat in the Texas House of Representatives. He went on to serve as Executive Assistant and Chief of Staff to Texas House Speaker Gib Lewis from 1983 to 1985, when he established his own legislative advocacy practice. In 1998, Jones teamed with Bill Miller to form HillCo Partners. Among Jones' many political achievements, Capitol Inside pointed out his colossal success in orchestrating the effort of keeping Baylor University in the Big 12 Conference as it threatened to unravel. "He spearheaded a furious networking crusade among legislators and lobbyists." Jones is a graduate of Baylor University and the Baylor Law School. He is active in community life having served terms as Chairman of Dell Children's Hospital Foundation Board and Chairman of the Board of Regents at Baylor University, among other organizational duties. Eddie Solis is a HillCo Partners principal and focuses on the firm's Local Government and Public Pension Practice. Solis joined HillCo Partners in 2010 after serving as Director of Government Relations for the Texas Municipal Retirement System (TMRS) since January 2007. He has 20 years of public -sector experience, including 16 years with the Texas Comptroller's office under the Bullock, Sharp and Strayhorn administrations. He served as Special Assistant to Comptroller John Sharp and as Special Assistant for Legislative and Border Affairs under Comptroller Strayhorn. He was also Special Assistant for Border Affairs and General Government under Lieutenant Governor Bill Ratliff during the 77th legislative session. In addition to his legislative work, Solis has focused on stakeholder outreach, particularly in the local government area. At the Texas Comptroller's office, he traveled extensively throughout the state meeting with local and state elected officials and business organizations to inform them on local government issues and provide needed assistance. During his time in state government, he also gathered critical experience and knowledge on the workings and processes of state agencies. As Director of Government Relations for TMRS, Solis coordinated the system's outreach to local governments and stakeholders and facilitated passage of transformational legislation. He was the principal liaison to the TMRS Advisory Committee, which represents the system's diverse constituencies. Paae 13 At HillCo, Solis works in the areas of public pension and local government, as well as on issues for various other clients of the firm. Solis was also a part of the HillCo team that worked on the Lubbock Power and Light integration to ERCOT project. Todd Webster is a trained as an attorney and served as a key executive at Texas Education Agency and at one time Acting Commissioner. Todd also has extensive experience in municipal government having served as Mayor of Kyle - a fast growth suburban city. Todd Webster recently joined HillCo Partners and represents the interests of the firm's clients at the Texas Legislature and with various state agencies. Webster started a private consulting practice in 2012, providing governmental affairs and other consulting services to a variety of clients. He has years of experience in education policy, having worked with clients at the national level and in other states, providing strategic guidance on national and state education policy matters as well as assisting organizations with developing and implementing education reform agendas. Between 2009 and 2012 he was the Chief of Staff/Chief Deputy Commissioner of the Texas Education Agency, tasked with overseeing the state's public schools including student assessment. Webster was Acting Commissioner of Education between the terms of Commissioners Robert Scott and Michael Williams. For five years, beginning in April 2002, Webster served as former Governor Rick Perry's advisor for public education. He also served as a policy advisor to former Texas Education Commissioners Mike Moses and Jim Nelson; and as a legislative aide for criminal justice and public safety to former Lieutenant Governor Bob Bullock. Webster served two terms on the Kyle City Council beginning in 2003, and then was elected Mayor June 2014— December 2017. As Mayor and councilmember, Todd worked on the passage and implementation for projects related to, Infrastructure with road bond for five roads, the expansion of wastewater treatment expansion Worked to secure 50-year water supply for the city, created a storm water utility. Created impact modeling systems for water, wastewater, drainage and traffic to predict infrastructure demand from development, and established vested property tax reimbursement districts targeting manufacturing disaster recovery efforts, and park system restoration initiative. A licensed attorney, Webster holds a Bachelor of Arts degree from The Ohio State University and a Juris Doctorate from St. Mary's University School of Law. Paae 14 SERVICES PROVIDED Consistent with the goals and objectives of City, the responsibility of HiIICo under this agreement shall be as follows: a) Introduce and seek passage to add the City of Beaumont into the Texas Qualified Hotel Project statute and administrative process with relevant agencies, in particular the Texas Comptroller's office; b) Work with legal counsel for City in the drafting of appropriate legislation to accomplish City goals; c) Coordinate with City to develop short and long term goals and achievement strategies for governmental and regulatory affairs, desired legislative outcomes, and public relations; d) Engage with the Office of the Governor, Speaker and Lieutenant Governor to educate the staff on City's operations and economic development opportunities; e) Assist City in professionally networking and fostering positive working relationships with any members of the Texas House, Texas Senate, and all statewide officials that are deemed important to their governmental relations strategies; educate decision makers with regard to City's interests and governmental affairs objectives; f) Monitor the interim and session activities of the Texas Legislature, including the 8811 Legislative Session and any called special sessions that occur during the term of this agreement. Carefully track any legislation that relates to City; provide regular bill summaries and legislative status reports; g) Advise City of upcoming meetings, hearings, briefings and other formal or informal sessions of importance in a timely manner whenever possible to allow each City to participate in advocacy efforts; and h) Observe and attend committee hearings, agency and stakeholder meetings on matters identified as important to City's goals for governmental/regulatory affairs and desired legislative outcomes; provide each City's leadership with summaries of these interactions, along with all periodic interim and session notifications and updates generated by HillCo's communications team. At City's instruction and request, HillCo will provide periodic reports on the progress of all initiatives undertaken within the services described in this section. In addition, HillCo will actively participate in all internal meetings and discussions held at the City of Beaumont that pertain to regulatory and governmental affairs. Finally, HiIICo will add the City of Beaumont to the communications list for rapid updates on Texas political developments. Paae 15 TERMS, FEES AND REIMBURSEMENTS The term of this agreement commences on January 1, 2023, and shall conclude on December 31, 2023. For these activities and responsibilities, HiIICo shall be compensated in the following amounts: A. The fee for this agreement is $7,500 during the months the legislature is convened for the 881h Regular session to include the 20-day veto period and to include special sessions should the called issues established by'the Governor be relevant to City. The fee will be $3,500 during a non -legislative month for the duration of this agreement. Said fee may will be paid in monthly installments with the first payment due and payable on January 1, 2023, and a like sum payable to HillCo on the first day of each month thereafter until the last month of this agreement, December 2023, unless extended by agreement of both City and HillCo. B. City agrees to pay the HillCo reasonable expenses incurred in connection with services provided regarding the issues, including a base sum billed to all clients. City shall be billed for costs for telephone, legislative entertainment and education, postage, reproduction and administrative assistance, out-of-town travel and other activities related to maximizing City opportunities. The maximum amount of such expenses shall not exceed $500.00 per month. Prior express authorization is required from City for expenses exceeding such amounts. HillCo agrees to provide, if requested by City, invoices and other documents which reflect the amounts billed as expenses. C. At anytime during the term, City may terminate this agreement upon 60 days written notice. HillCo will provide City with an invoice on the first of each month that will include instructions on how to remit payment. LOBBY ACTIVITY, CONFLICT OF INTEREST The ethics laws and rules adopted by the Texas Ethics Commission require HillCo to report compensation or reimbursement paid to HillCo for the purpose of directly communicating with members of the legislative or executive branches. 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." Paae 16 With respect to possible conflicts of interest, HillCo wishes to provide to City the identities of all clients currently engaging its services in connection with lobbying activities; a list of those clients will be sent separately. City consents to HiIICo representing the interests of such multiple clients, as long as HillCo does not represent any with an interest in the issues that directly conflicts with City's interests, unless otherwise consented to. If any such conflicts should develop, HillCo agrees to bring that fact immediately to the attention of City pursuant to state law. All written or oral sworn testimony at Legislative or Administrative hearings shall be performed or otherwise provided by the City itself or one of its designated representatives. CONFIDENTIALITY If City provides information or materials indicated to be confidential, HillCo will maintain the confidentiality of such matters and not disclose any such information without express permission from City. LEGAL SERVICES It is understood and agreed that HillCo is being retained hereunder to provide government consulting services and not to provide legal advice or services to City. In the event that legal opinions or financial analysis are needed at any time with respect to City's interests, the decision to seek additional professional advice and services, and from whom, shall rest exclusively with the City. FURTHER SCOPE OF WORK It is understood and agreed that should a need arise in addition to the services provided above City and HillCo will execute an addendum. INDEPENDENT CONTRACTOR HillCo Partners is an independent contractor and is not authorized to commit or obligate City in any manner whatsoever. This agreement does not constitute an employer -employee relationship between HillCo and City, and therefore, HillCo is not entitled to participate in or receive any employee benefits of City, such as, but not limited to, insurance, pension, disability or medical. GOVERNING LAW This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law principles thereof. Under Texas and federal law, various requirements are imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or Pajae 17 contracts. In this regard, HillCo will promptly inform City when any such filings are necessary and seek registration with respect to the services to be performed on the City's behalf. WARRANTY AND INDEMNITY HillCo warrants and represents that it has -the full right, power and authority to enter into this agreement and to perform legislative and executive branch governmental consulting and public relations services in the State of Texas. HillCo will file all notices as required by law. HillCo will indemnify and hold City harmless from and against any and all claims, damages, liabilities, costs, and expenses, including legal expenses and reasonable attorney's fees, arising out of any breach of the foregoing provisions, warranties and representations. By: EXECUTED as of the date first set forth above HillCo Partners By: Neil T. "Buddy" Jones, Partner City of Beaumont Date: Date: Dan Bowman