HomeMy WebLinkAboutContract 43825 (2)STAT
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COMITY OF TARRANT
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AGREEMENT
This Agreement ("Agreement") is made and entered into by and between the City
of Fort Worth ("City"), acting herein by and through its duly authorized Assistant City
Manager, and PAS Communications, through its owner, Patrick A. Svacina ("PAS
Communications" or "Consultant"), the person or entity whose personal services are to
be retained hereunder, individually referred to as a "party," collectively referred to as the
"parties."
For and in consideration of the covenants and promises contained herein, the
parties hereto agree as follows:
1.
General Provisions & Scope of Services
For and in consideration of the payment of the amount of money set out in
Section Five (5) below, Consultant agrees to represent the City concerning legislative
and administrative matters in the form of communications to be used during the official
session of the Texas Legislature and at other times during the term of this Agreement,
and to provide advice, counsel and guidance, and act in an advisory capacity to the
City's Communications Office and staff. More specifically, Consultant agrees to perform
the personal services described in Exhibit "A," which is attached hereto and made a part
of this Agreement for all purposes.
2.
Term of Agreement
This Agreement shall begin October 1, 2012 and terminate September 30, 2013
("Initial Term"), unless terminated sooner as provided herein. The City shall have the
option to renew and extend this Agreement for one year, with the period beginning
October 1, 2013, and terminating on September 30, 2014 ("Renewal Term"). The terms
and conditions of this Agreement are subject to re -negotiation upon mutual consent of
both parties at the time of such renewal.
3.
Point of Contact
Consultant agrees to cooperate with the City's Director of Governmental
Relations and the City Manager, who shall relate to Consultant requests from the City.
For purposes of this Agreement, the term City Manager shall include the City Manager
and his or her designee. Consultant will respond to requests made by the Mayor, the
Chair of the Legislative and Intergovernmental Affairs Committee, the City Manager, and
the City's Director of Gover :mental_ _Relati-ons.--Consultant will coordinate all responses
PAS Communications
2012-2013 Legislative Agreement
Page 1 of 8
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
o r actions taken on the City's behalf through the Director of Governmental Relations or
appropriate City staff
4.
Independent Contractor Status
Consultant acknowledges that all work and services performed hereunder shall
be as an independent contractor and not as an officer, agent, servant or employee of the
City. Consultant shall have exclusive control of, and exclusive right to control, the details
of the services performed hereunder and shall be solely responsible for the acts or
o missions of his officers agents, employees, and subconsultants Nothing herein shall
be construed as creating a partnership or joint enterprise between the City and
Consultant its officers agents employees, and subconsultants, and the doctrine of
respondeat superior shall have no application as between the City and Consultant. It is
further understood that the City shall in no way be considered an Employer Co -
e mployer or a Joint employer of Consultant or any officers, agents, servants, employees
o r subcontractors of Consultant. Neither Consultant, nor any officers, agents servants,
employees or subcontractors of Consultant shall be entitled to any employment benefits
from the City by nature of this Agreement. Consultant shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers,
agents, servants, employees or subcontractors.
5.
Payment
In full payment and consideration for all services provided hereunder, the City
shall pay Consultant an amount not to exceed $4 968.00 per month. It is understood
that said payments are due and payable by City upon receipt of an invoice from
Consultant. Consultant shall not receive payment for any travel or other expenses under
this Agreement. Unless otherwise agreed to by the parties payment under this
Agreement shall not exceed the total amount of $59,616.00 for services provided.
6
Termination
The City may terminate this Agreement at any time for breach of this Agreement
by providing a ten (10) day written notice or the City may terminate this Agreement
without cause by providing a thirty (30) day written notice to Consultant Upon
termination, all products prepared by Consultant hereunder whether completed or
partially completed, shall become the property of the City, and shall be returned to the
City immediately at no additional cost to the City. Upon termination, all payment
obligations of the City under this Agreement shall end.
7
Work Product
Consultant shall furnish the City periodic reports on its work at such time as the
City may request All of the reports, information and data prepared or assembled for
City under this Agreement shall be kept confidential and shall not be made available to
any individual or organization without the prior written approval of the City, except as
PAS Communications
2012-2013 Legislative Agreement
Page 2 of 8
such disclosure may be required by law.
8.
Conflict of Interest & Other Clients
Consultant shall inform the City of any other municipalities or counties or transit
agencies it represents and any other of its clients that might represent a potential conflict
of interest If the City, in its sole discretion believes that a conflict exists, such conflict
shall be discussed by Consultant and the City and resolved to the satisfaction of the
City.
Consultant shall comply with Section 305.028 of the Texas Government Code.
9.
Governing Law & Venue
This Agreement shall be construed in accordance with the laws of the State of
Texas. If any action whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts, located in
Tarrant County Texas or the Federal District courts of the Northern District of Texas.
10.
Availability of Funds
In the event no funds or insufficient funds are appropriated and budgeted or are
otherwise unavailable by any means whatsoever in any fiscal period for payments due
under this Agreement including any renewal periods, then the City will immediately notify
Consultant of such occurrence and this Agreement shall be terminated on the last day of
the fiscal period for which appropriations were received without penalty or expense to
the City of any kind whatsoever except to the portions of annual payments herein
agreed upon for which funds shall have been appropriated and budgeted or are
otherwise available.
11.
Notices
All written notices called for or required by this Agreement shall be addressed to
the following, or such other party or address as either party designates in writing, by
certified mail, postage prepaid, or by hand delivery:
City:
City of Fort Worth
Attn: City Manager
1000 Throckmorton
Fort Worth, TX 76102
with copies to:
The City Attorney and
Governmental Relations
Director at the same address
PAS Communications
2012-2013 Legislative Agreement
Page 3 of 8
Consultant:
PAS Communications
Attn: Patrick A. Svacina
925 Gaye Lane
Arlington, Texas 76012
12.
Access to Records; Audit
Consultant agrees that the City shall, until the expiration of three (3) years after
final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records involving transactions relating
to this Agreement. Consultant agrees that the City shall have access during normal
working hours to all necessary Consultant facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. The City shall give Consultant reasonable advance notice of intended
audits.
Consultant further agrees to include in all its subcontracts hereunder a provision
to the effect that the subconsultants agree that the City shall, until the expiration of three
(3) years after final payment under the subcontract, have access to and the right to
examine any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that City shall have
access during normal working hours to all subconsultant facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of this article. City shall give subconsultant reasonable advance notice of
intended audits.
13.
Liability
CONSULTANT SHALL INDEMNIFY, DEFEND AND HOLD THE CITY
HARMLESS FROM ANY AND ALL CLAIMS CAUSES OF ACTION, LAWSUITS,
DAMAGES, LOSSES, JUDGMENTS AND LIABILITIES, ARISING FROM
CONSULTANT S OWN NEGLIGENCE, WRONGFUL ACTS ERRORS, OMISSIONS
OR INTENTIONAL MISCONDUCT AS A RESULT OF CONSUTLANT'S
PERFORMANCE PURSUANT TO THIS AGREEMENT CONSULTANT SHALL NOT BE
LIABLE FOR ANY DAMAGES OR LOSSES ARISING SOLELY FROM THE CITY'S
NEGLIGENCE, WRONGFUL ACTS, ERRORS OMISSIONS OR INTENTIONAL
MISCONDUCT.
14.
Entirety of Agreement
This Agreement shall be the entire, full and complete agreement between the
Parties concerning the subject matter hereof and shall supersede all prior agreements.
There are no valid or binding representations, inducements, promises or agreements,
oral or otherwise, between the Parties that are not embodied herein. No amendment,
change, or variance of or from this Agreement shall be binding on either Party unless
agreed to in writing signed by both of the Parties This Agreement may be executed in
counterparts, each of which so executed shall be deemed an original and such
counterparts together shall constitute the same agreement.
PAS Communications
2012-2013 Legislative Agreement
Page 4 of 8
15.
Headings not Controlling
The headings appearing at the beginning of each paragraph of this Agreement
are for convenience only and do not define, limit or construe the contents of any such
paragraph. Whether expressly indicated or not, the singular usage includes the plural,
and the neuter usage includes the masculine or the feminine or both the masculine and
the feminine
16.
Waiver
The City and the Consultant may waive an obligation of or restriction upon the
other under this Agreement only in writing. No failure, refusal, neglect delay,
forbearance or omission of the City or the Consultant to exercise any right or remedy
under this Agreement or to insist upon full compliance by the other with his her or its
obligation hereunder shall constitute a waiver of any provisions(s) of the Agreement.
17.
Severability
Each provision of this Agreement or part thereof shall be severable If, for any
reason, any provision or part thereof in this Agreement is finally determined to be invalid
and contrary to, or in conflict with, any existing or future law or regulation, such
determination shall not impair the operation or affect the remaining provisions of this
Agreement, and such remaining provisions will continue to be given full force and effect
and bind each Party. Each invalid provision or part thereof shall be deemed not to be a
part of this Agreement.
18.
Assignment
The Consultant may not assign or subcontract any of its rights or obligations
without the prior consent of the City, which consent may be withheld in the City s sole
and absolute discretion.
19.
Force Majeure
It is expressly understood and agreed by the Parties that if the performance of
any obligations hereunder is delayed by reason of war; civil commotion; acts of God
inclement weather; governmental restrictions, regulations, or interferences; fires; strikes;
lockouts, national disasters; riots, material or labor restrictions; transportation problems;
PAS Communications
2012-2013 Legislative Agreement
Page 5 of 8
or any other circumstances which are reasonably beyond the control of the party
obligated or permitted under the terms of this Agreement to do or perform the same,
regardless of whether any such circumstance is similar to any of those enumerated or
not, the party so obligated or permitted shall be excused from doing or performing the
same during such period of delay, so that the time period applicable to such obligation
shall be extended for a period of time equal to the period such party was delayed.
Executed on this
PAS COMMUNICATI
Patrick A. Svadrina
Date:
Attest:
Mary Kayser
City Secr
PAS Communications
2012-2013 Legislative Agreement
Page 6 of 8
[Remainder Intentionally Left Blank]
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`=��-�ccV1 b%Approved as to Form and Legality:
OF, 8 rei Vi ,
0A4u°0 kit o Maleshia . Farmer
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Assistant City Attorney
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Littimito,ra Contract Authorization:
2012.
CITY OF FORT WORTH:
ByVfrbese,#,C
C arles W. Daniels
Assistant City Manager
Date: 0i3O* /2
M&C: :1Scl 3 Li
Date Approved: ill 1.01f 1?
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A"
SCOPE OF SERVICES
1. During the state legislative session (2013), Consultant will work with City staff to
ensure that appropriate written reports and testimony are prepared for relative
committee meetings or hearings and legislative committee meetings or hearings.
2. Consultant will inform the City (generally by contacting the City Manager) of any
legislative initiatives felt to be possibly detrimental to the interests of the City, as
he becomes aware of any such initiative
3. Consultant will generally cooperate with City Manager to promote the passage of
proposed state and federal legislative initiatives included in the City Council
adopted legislative agenda/packet, in cooperation with City representatives
Consultant will assist, when requested, in acquiring sponsors for bills.
4. Consultant will assist the City Manager and other designated city staff in
defeating any legislation amendments to legislation, appropriation or other action
by the State or Federal Legislature that will erode, weaken, decrease or take
away the City s authority to govern the municipal affairs of the City or that is
detrimental to the interests of the City of Fort Worth.
5. Consultant will assist the City Manager and other designated city staff in the
review and analysis of pending and proposed legislation as well rule proposals
by state regulatory agencies, and provide the City with notification on issues of
interest or concern on a proactive basis.
6. Consultant will assist the City Manager and other designated city staff in the
presentation of regular oral and written reports to the City Council and other
stakeholders, as well as provision of requested reports on legislative action.
7. Consultant will assist the City Manager and other designated city staff
periodically with logistical support for City Council members, City Management,
City staff and the staffs thereof while said are in Austin or Washington, DC
attending conferences or public hearings and or meetings
8. Consultant will promote working relationships and goodwill between the City and
members of the state and federal Legislatures, the Executive Branch, state and
federal agency leadership, state Commission leadership, state board leadership
and the staffs thereof
9. Consultant will provide advice and counsel to City Manager or his/her designee,
City Council or other city staff regarding communication strategy as relates to
legislative issues.
10. When requested by City Manager or his/her designee, Consultant will provide
coverage of key legislative committee hearings/meetings, state or federal agency
PAS Communications
2012-2013 Legislative Agreement
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hearings/meetings, state board hearings/meetings and local meetings, and
proposer will attend hearings/meetings upon request, as necessary and possible.
11. Consultant will provide advice, counsel and guidance, and act in an advisory
capacity to the City's Communications Office and staff, until such time as the City
notifies Consultant that this service is no longer required under this Agreement.
12. Consultant will develop a strategic communication plan for the City of Fort Worth
and will develop appropriate job descriptions for the hiring of a Chief
Communication Officer for the City.
13. Consultant will assist the City with the hiring process for a Chief Communications
Officer and or any other personnel necessary for the implementation of the
strategic communication plan, including but not limited to, review of applications
and resumes participating with interviews, and making recommendations on
hiring that fall within the strategic plan, and assist with the transition process as
needed.
PAS Communications
2012-2013 Legislative Agreement
Page 8 of 8
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/23/2012
DATE' Tuesday, October 23, 2012
L OG NAME: 02PAS2013
S UBJECT:
Authorize Execution of a Professional Services Agreement with Patrick A. Svacina d/b/a PAS
Communications, in the Amount of $59,616.00, for Consultation and Representation on State and Federal
Legislative Issues and to Advise the City of Fort Worth's Communications Office and Staff on Developing a
S trategic Communications Plan (ALL COUNCIL DISTRICTS)
REFERENCE NO.: **C-25934
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with Patrick A. Svacina d/b/a
PAS Communications, in the amount of $59,616.00, for professional consulting services for consultation
and representation on legislative matters and to advise the City of Fort Worth's Communications Office
and Staff on developing a strategic communications plan. The term of the contract will be from October 1,
2012 to September 30, 2013, with an option to renew for one-year, subject to re -negotiation upon mutual
consent of both parties at the time of such renewal.
DISCUSSION:
Patrick A. Svacina (Consultant) will represent the City of Fort Worth (City) concerning legislative and
administrative matters in the form of communications. The Consultant will work with Staff to ensure that
appropriate written reports and testimony are prepared for legislative committee meetings or hearings. In
addition, the Consultant will provide advice, counsel and guidance, and act in an advisory capacity to the
City's Communications Office and Staff until such time as the City notifies the Consultant that this service
is no longer required.
As an advisor to the Communications staff, Consultant will develop a strategic communication plan for the
City and will develop appropriate job descriptions and assist with the hiring of a Chief Communications
Officer and any other personnel necessary for the implementation of the strategic communication plan.
Such duties shall include but not be limited to, review of applications and resumes, participating with
interviews and making recommendations on hiring that fall within the strategic plan, and assisting with the
transition process as needed.
The term of the proposed contract is from October 1, 2012, to September 30, 2013. The City shall have an
option to renew the Agreement for an additional one year term, subject to re -negotiation upon mutual
consent of both parties at the time of such renewal. The proposed contract requires the City to
compensate the Consultant at a rate in the amount of $4,968.00 per month and the City will not pay for
travel or other expenses under the Agreement.
M/WBE - A waiver for the goal for M/WBE subcontracting requirements was requested by the Purchasing
Department and approved by the M/WBE Office because the purchase of goods and services is from
sources where subcontracting or supplier opportunities are negligible.
FICf`AI IAIFf1RMATIf h1 / r_FRTIFH`ATIf1AI•
Logname: 02PAS2013
Pana 1 ,- n
The Financial Management Services Director certifies that funds are available in the current operating
budget of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0029000 $59.616.00
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. State Waiver.pdf (CFW Internal)
Charles Daniels (6199)
Shirley Little (6110)
Evonia Daniels (7504)
Logname. 02PAS2013
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