HomeMy WebLinkAboutContract 51347 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
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
Solutions for Local Control, LLC, a Texas limited liability company ("Consultant"), acting herein
by and through its duly authorized President. The City and Consultant are individually referred
to as a "party" and 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. 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, 2018 and terminate September 30, 2019 ("Initial
Term"), unless terminated sooner as provided herein. The City shall have the option to renew
and extend this Agreement for up to two additional periods of one year each (each a "Renewal
Term"). The provisions and conditions of this Agreement are subject to re-negotiation upon
mutual consent of both parties at the time of each such renewal. General references herein to
the "term" of the Agreement shall be construed to mean the Initial Term and/or Renewal Term
as appropriate given the context.
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 Governmental
2 3 4 5 elations. Consultant will coordinate all responses or actions taken on the City's behalf through
the Director of Governmental Relations or appropriate City staff.
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4.
Independent Contractor Status
Consultant shall perform all work and services hereunder 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 omissions 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.
5.
Compensation
In full payment and consideration for all services provided hereunder, the City shall pay
Consultant an amount not to exceed $3,500.00 per month. It is understood that said payments
are due and payable by City upon receipt of an invoice from Consultant. Unless otherwise
agreed to by the parties, payment under this Agreement shall not exceed the total amount of
$42,000.00 for services.
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 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.
Solutions for Local Control
2018-2019 Legislative Agreement
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9.
Compliance with State Anti-Boycott Law
Consultant acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, the City is prohibited from entering into a contract with a company for goods
or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this Agreement, Consultant certifies
that Consultant's signature provides written verification to the City that Consultant: (1)
does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement.
10.
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.
11.
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.
12.
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: Consultant:
City of Fort Worth Solutions for Local Control
Attn: City Manager 909 N. Waterview Dr.
Fort Worth, TX 76102 Richardson, TX 75080
with copies to:
The City Attorney and
Governmental Relations
Director at the same address
Solutions for Local Control
2018-2019 Legislative Agreement
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13.
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.
14.
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.
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.
Solutions for Local Control
2018-2019 Legislative Agreement
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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; 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.
20.
Signature Authority
The person signing this Agreement hereby warrants that he has the legal authority to
execute this Agreement on behalf of the respective party and that such binding authority has
been granted by proper order, resolution, ordinance, or other authorization of the entity. Each
party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
21.
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.
Solutions for Local Control
2018-2019 Legislative Agreement
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Executed on this day of - 2018.
SOLUTIONS FOR LOCAL CONTROL: CITY OF FORT WORTH:
By: -
By:
F Hill Jesus "Jay" Chapa
Assistant City �Manager
Date: Date: 1 ! y��
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all pe ormance and reporting
require
By:
T Pa son ell
Government Affairs Liaison
Appro as to Form and Legality:
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JBSSICB S8f1gSV8ng, By.
De McElroy
''' O Sr. sistant City Attorney
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Mary K�ys
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OFFICIAL RECORD
CITY SECRETARY
Solutions for Local Control
FT.WORTH,TX
2018-2019 Legislative Agreement
Page 6 of 8
EXHIBIT "A"
SCOPE OF SERVICES
1. Consultant will provide advice and counsel regarding those state agencies and
commissions which interface with the City and will promote working relationships and goodwill
between the City and key staff and board members of those state agencies and commissions,
when requested by the City.
2. During and between legislative sessions, Consultant will work with City staff to ensure
attendance at relevant interim committee meetings or hearings and legislative committee
meetings or hearings and ensure that appropriate written reports are prepared.
3. 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, the City's
Comprehensive Plan or the City's State Legislative Agenda, as Consultant becomes aware of
any such initiative.
4. Consultant will assist the City Manager and other designated City staff in the
development and coordination of the City's legislative program.
5. Consultant will generally cooperate with City Manager to promote the passage of
proposed 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 appropriations, riders, legislation, amendments, initiatives or other action in the
packet.
6. Consultant will assist the City Manager and other designated City staff in defeating
any legislation, amendments to legislation, appropriation or other action by the Texas
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.
7. 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.
8. Consultant will assist the City Manager and other designated City staff in the
development and evaluation of strategies for the support, defeat or amendment of pending
legislation, policy, rules and funding opportunities.
9. 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.
10. 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 attending conferences or public hearings and or meetings.
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2018-2019 Legislative Agreement
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11. Consultant will promote working relationships and goodwill between the City and
members of the Legislature, the Executive Branch, state agency leadership, state Commission
leadership, state board leadership and the staffs thereof, with particular emphasis on House and
Senate leadership, key committee chairs and members, the Tarrant County delegation and
members of state agencies, state commissions and state boards.
12. Consultant will assist in introducing City Manager or his/her designee to members of
the Legislature and staff members, in particular the leadership and members of the Tarrant
County legislative delegation and members of state agencies, state commissions and state
boards.
13. Consultant will provide advice and counsel to City Manager or his/her designee, City
Council or other City staff regarding legislative strategy and provide such background
information as proponents, opponents, attitude of key legislators, and positions of related
entities.
14. When requested by City Manager or his/her designee, Consultant will, communicate
with written memorandum or telephonically, summarize contacts made with state legislators,
state agency leadership, state board leadership and key staff on behalf of the City. As the need
arises, he/she will discuss with City Manager or his/her designee coverage of key legislative
committee hearings/meetings, state agency hearings/meetings, state board hearings/meetings
and proposer will attend hearings/meetings upon request, as necessary and possible.
Solutions for Local Control
2018-2019 Legislative Agreement
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