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Home My WebLink AboutContract 34142STATE OF TEXAS COUNTY OF TARRANT § CONTRACT �`i�i`Y ��`°4��YA�Y"��( �_�� CON-f��f;c� i� RlC� . 1�I This agreement is made and entered into by and between the City of Fort Worth ("the City"), acting herein by and through its duly authorized Assistant City Manager, Joe Paniagua, and the firm of Miller and Van Eaton, P.L.L.C. ("Miller"), whose professional services are to be retained hereunder. For and in consideration of the covenants and promises contained herein, the parties hereto agree as follows: For and in consideration of the payment of the amount of money set out in paragraph 5, Miller agrees to represent the City concerning legislative and administrative matters before members of the United States Congress, officials of federal administrative agencies, and the White House Administration during the term of this contract. More specifically, Miller agrees to perForm the personal services described in Exhibit "A", which is attached hereto and made a part of this contract for all purposes. 2. This contract shall begin April 1, 2006, and terminate March 31, 2007, unless terminated sooner as provided herein. 3. Miller agrees to cooperate with the City's Director of Governmental Relations and the City Manager, who shall relate to Miller requests from the City. Miller 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 Relations. Miller will coordinate all responses or actions taken on the City's behalf through the Director of Governmental Relations. � Miller shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. Miller shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subconsultants, Nothing herein shall be construed as creating a partnership or joint venture between the City and Miller, its officers, agents, employees, and subconsultants, and the doctrine of respondent superior has no application as between the City and Miller. � In full payment and consideration for all services furnished under this contract, and subject to the termination provisions set out in paragraph 6 of this agreement, Miller shall be paid a retainer of $1,000.00 per month throughout the term of this contract. The monthly retainer shall be allocated each month to the first five hours of work performed by Miller. FQr�P�-,�i�� M�:Y � 9 � ��`• �. n rI[ +�L',1� �li5�� 1�� Y �% ��'��, i��. worked by Miller in a given month that exceeds the monthly five-hour total, Miller shall be paid an hourly rate of $225.00. Hourly rate payments for the term of the contract shall not exceed $8,000.00. Under no circumstances shall the total payments from the City to Miller for work under this contract exceed $20,000.00. It is understood that said payments are due and payable on the first of each month subject to receipt of an invoice from Miller by the City. C:� The City may terminate this Agreement at any time for breach of this Agreement by providing to Miller a 10-day written notice, or without cause by providing a 30-day written notice. Upon termination, all products prepared by Miller hereunder shall become the property of the City. Upon termination of this Agreement for any reason, Miller shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. The City agrees to reimburse Miller for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Miller shall be reimbursed for expenses incurred up to the date of the notice of intent to terminate, plus such costs that are reasonably incurred for termination service, after which time all payment obligations of the City under this contract shall end. 7. Miller shall provide the City's Director of Governmental Relations with semi-monthly verbal reports. Miller will also provide written reports as requested by the City's Director of Governmental Relations or the City Manager. The emphasis of the semi-monthly verbal reports should be on activities undertaken by Miller regarding those issues considered the priorities for the City as identified by the adopted federal legislative program or by City Council resolution. Miller will also report in person in Fort Worth when deemed necessary by the City Manager. All of the reports, information, and data prepared or assembled for the City under this contract 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. � At the request of the City, Miller shall inform the City of any other municipalities or counties or transit agencies it represents and note any other clients that might represent a potential conflict of interest. If the City, at its sole discretion, believes that a conflict exists, such conflict shall be discussed by Miller and the City and resolved to the satisfaction of the City. � 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. This Agreement shall be construed in accordance with the laws of the State of Texas. 10. 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 contract, then the City will immediately notify Miller of such occurrence and this contract 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. 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 Owner: Miller & Van Eaton, P.L.L.C. Attn: Nicholas Miller 1155 Connecticut Avenue, N.W. Suite 1000 Washington, DC 20036 13. Miller 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 of Miller involving transactions relating to this Agreement. Miller agrees that the City shall have access during normal working hours to all necessary Miller 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 Miller reasonable advance notice of intended audits. Miller further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant agrees 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 the 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. The City shall give subconsultant reasonable advance notice of intended audits. Miller further agrees to photocopy any audit related documents as may be requested by the City. The City agrees to reimburse Miller for the costs of the copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ��lw� �s��-: �!� ��?� �� ,�;, ��. � �% �#��, ��, WITNESS our hands this �day of 2006. ATTEST: CITY OF FORT 1lVORTH .. ," ,� �� /, By: / City Secretary Assist nt , i;ty,M � ger � - -_ ., APPROV�D AS TO FORM AND LEGALITY: %` . .- � , .,, ; �� % -- Assistant'City Attorney Miller & Van Eaton, P.L.L.C. Date: /� �c:� . , ��x� �"L�� tUI��; ; ..t.s � �, � a . By: Nicholas Miller Contract Authorization Date: . �'' l � .�C� � �i��1�!� �:��`;;��;.�' � ,. �9%' ��?��'��:�� ...�, ��t.��,�J��:��U ��. . �, EXHIBIT "A" Scope of Services 1. Miller will provide advice, counsel, liaison, and intervention with those federal agencies that interface with the City and will promote working relationships and goodwill between the City and key staff of those federal agencies, when requested by the City Manager or the City's Director of Governmental Relations. 2. Miller will cooperate with the City Manager and the City's Director of Governmental Relations to develop and produce the City's legislative initiatives and agendas. 3. Miller will provide advice and counsel and develop strategy in conjunction with the City Manager and the City's Director of Governmental Relations and provide background information such as proponents, opponents, attitudes of key members of Congress, and positions of related entities. 4. Miller will inform the City of any legislative or administrative initiatives identified as being possibly detrimental to the interest of the City as he becomes aware of any such initiative. 5. Miller will provide assistance to City officials in interpreting federal regulations and filing comments where appropriate and when directed by the City Manager of the City's Director of Governmental Relations. 6. Miller will draft speeches, memorandums, position papers, talking points and/or letters on behalf of the City when requested by the City Manager or City's Director of Governmental Relations. 7. Miller will arrange for presentation of Congressional testimony of relevant issues where appropriate and prepare testimony for such presentations at the request of the City Manager or the City's Director of Governmental Relations. 8. Miller will conduct research and prepare reports on selected federal topics as requested by the City Manager or the City's Director of Governmental Relations and provide these for use by the City. 9. Miller will attend hearings, negotiations, conferences, and/or trade meetings on behalf of the City only when requested by the City's Director of Governmental Relations. R f+ <i � .� �: h r��\`��1 a;�C"1';j 1U' �97 6, ��L':°'r?'``�rU �� :��;; ^.;;; �i,��, ��, -,�