HomeMy WebLinkAboutContract 37240 CITY SECRETARYCONTRACT NO .
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STATE OF TEXAS §
COUNTY OF TARRANT §
CONTRACT
This 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, .doe Paniagua, and Lawrence Collins ("Collins"), the person whose
personal services are to be retained hereunder. For and in consideration of the
covenants and promises contained herein, the parties hereto agree as follows:
1.
For and in consideration of the payment of the amount of money set out in
Section Five (5), Collins 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
contract. More specifically, Collins 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 September 1, 2007, and terminate August 31,
2008, unless terminated sooner as provided herein. In addition, the City shall
have the option to renew and extend this contract for the period beginning
September 1 , 2005, and terminating on August 31 , 2009, under the same terms
and conditions as provided herein. The City shall provide Collins written notice of
the exercise of such option not less than thirty (30) days prior to the expiration of
the initial one-year term
3.
Collins agrees to cooperate with the City's Director of Governmental
Relations and the City Manager, who shall relate to Collins requests from the
City. Collins 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. Collins will coordinate all responses
or actions taken on the City's behalf through the Director of Governmental
Relations.
4.
Collins shall perform all work and services hereunder as an independent
contractor and not as an officer, agent, servant or employee of the City. Collins
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 Collins, his officers agents, employees, and subconsultants, and the
doctrine of respondeat superior shall have no application as between the City
and Collins.
5,
In full payment and consideration for all services furnished hereunder,
Collins shall be paid $7,500 per month. It is understood that said payments are
due and payable by City upon receipt of an invoice from Collins.
In addition to this amount, Collins shall be reimbursed for the reasonable
cost of travel, meals and lodging which Collins incurs when the City Manager or
his designee requests that Collins travel in the performance of services
reasonably related to this contract, and Collins shall submit invoices for such
expenses, supported by adequate records and statements for an amount not to
exceed $5,000 for the term of this contract.
6.
The City may terminate this Agreement at any time for breach of this
Agreement by providing a ten (10) day written notice or without cause by
providing a thirty (30) day written notice to Collins. Upon termination, all products
prepared by Collins hereunder shall become the property of the City, and Collins
shall be reimbursed for related expenses incurred up to the effective date of
termination, after which time all payment obligations of the City under this
contract shall end. Upon termination of this Agreement for any reason, Collins
shall provide the City with copies of all completed or partially completed
documents prepared under this Agreement. City agrees to reimburse Collins for
the cost of such copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
Collins shall comply with Section 305.028 of the Texas Government Code.
7.
Collins shall furnish the City periodic reports on his work at such time as
the City may request. All of the reports, information and data prepared or
assembled for 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.
8.
Collins 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 Collins and the City and
resolved to the satisfaction of the City.
9.
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 Collins 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.
'!1.
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: Collins:
City of Fort Worth Lawrence Collins
Attn: City Manager 112 A Laurel Lane
1000 Throckmorton Austin, TX 78705
Fort Worth, TX 76102
with copies to: with copies to:
The City Attorney and Lawrence Collins
Governmental Relations 112 A Laurel Lane
Director at the same address Austin, TX 78705
12.
Collins 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. Collins agrees that the City shall have
access during normal working hours to all necessary Collins 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 Collins
reasonable advance notice of intended audits.
Collins further agrees to include in all its subcontracts hereunder a
provision to the effect that the subconsultants 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 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.
WITNESS our hands this Z3r- day of U_14\� 86 :
C LLINS: CITY OF FORT RTH
By:
Law nce Collins Assi ant jty anager
Attest: Approved as t Form
��and Legality:
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City Secreta4 Assistant COAttorney
Date: Date:,
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EXHIBIT "A"
Scope of Services
1. Collins 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. Collins will generally cooperate with the City Manager to promote
the passage of proposed legislative initiatives included in the City Council
adopted legislative agenda/packet, in cooperation with City representatives.
Collins will assist, when requested, in acquiring sponsors for bills in the packet.
3. Collins 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.
4. Collins will promote working relationships and goodwill between the
City and members of the Legislature, the Executive Branch, and the staffs
thereof, with particular emphasis on House and Senate leadership, key
committee chairs and members, the Tarrant County delegation and members of
agencies, commissions and boards.
5. Collins will assist in introducing the City Manager to members of the
Legislature and staff members, in particular the leadership and members of the
Tarrant County delegation and members of agencies, commissions and boards,
6. Collins will provide advice and counsel to the City Manager
regarding legislative strategy and provide such background information as
proponents, opponents, attitude of key legislators, and positions of related
entities.
7. When requested by City Manager, Collins will, communicate with
written memorandum or telephonically, summarize contacts made with legislators
and key staff on behalf of the City. As the need arises, he will discuss with the
City Manager coverage of key committee hearings/meetings, and Collins will
attend hearings/meetings as necessary and possible.
•, � JrJ'u II�G1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/28/2007
DATE: Tuesday, August 28, 2007
LOG NAME: 02LCOLLINS REFERENCE NO.: **C-22339
SUBJECT:
Authorize Execution of a Personal Services Contract with Lawrence Collins for Consultation and
Representation on State Issues Before the Texas State Legislature, State Agencies and the Office
of the Governor
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Lawrence
Collins for personal services involving consultation with the City of Fort Worth and representation of the City
before the Texas State Legislature, State agencies and the Office of the Governor. The term of the contract
will be from September 1, 2007 to August 31, 2008, with a one year option to renew under the same terms
and conditions.
DISCUSSION:
The City of Fort Worth retains outside legislative consulting services in order to maintain resident expertise
regarding the City's relationship with the State Legislature. The role of an outside consultant is to assist the
City in promoting and protecting its legislative interests in Austin. The current contract with Mr. Collins for
these services is set to expire August 31, 2007.
Lawrence Collins is the former Director of the Texas Senate Committee on Finance, the 15-member
committee that has jurisdiction over all spending and revenue matters for the State of Texas with a budget
that exceeded $100 billion. He is the former Director of the House Committee on Appropriations with
responsibility for all administrative and budget matters. His experience with this committee included budget
analysis in all major substantive areas of the government including health and human services, general
government, regulatory matters, criminal justice, public safety and the judiciary.
During the 79th Regular Session of the Texas Legislature, Mr. Collins executed a lobbying and advocacy
strategy that ultimately secured a $3.1 million appropriation to finance construction and renovation costs at
the Fort Worth Business Assistance Center and the University of North Texas Health Science Center in Fort
Worth. Those funds have been and are currently being utilized to fund the renovation of the third building at
the Business Assistance Center and construction of a new facility at the UNT Health Science
Center. During the recently adjourned 80th Regular Session of the Texas Legislature, Mr. Collins was
successful in securing a second $3.1 million appropriation that will allow the Business Assistance Center
and the LINT Health Science Center to continue these projects. In addition, Mr. Collins worked with the
City's legislative staff to secure a $1.5 million appropriation that will permit the Texas Commission on
Environmental Quality to initiate the clean up of the Walker Branch recycling site, an area in the eastern
sector of the City that has become an illegal dump. The current owner, 3120 Precinct Line, LLC is currently
in bankruptcy in Harris County, Texas and has no means by which to address the clean up of the site.
The proposed contract requires Mr. Collins to provide advice and counsel regarding state agencies and
commissions as well as provide assistance in promoting passage of legislative initiatives for the City during
legislative sessions. The term of the contract is from September 1, 2007 to August 31, 2008, with a one
Logname: 02LCOLLINS Page 1 of 2
year option to renew. The proposed contract requires the City to compensate Mr. Collins at a rate of $7,500
per month.
In addition, the City will reimburse Mr. Collins for expenses incurred when he is requested to travel to Fort
Worth by City Council or staff. The reimbursement expenses shall not exceed $5,000 for the terra of the
contract. The details of the agreement between the City and Mr. Collins, including the scope of services are
reflected in the contract to be signed by the respective parties.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that funds required for these expenditures are available in the City Manager's
FY 2007-2008 Proposed Budget of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0905500 $95.000.00
Submitted for City Manager's Office by Joe Paniagua (6140)
Originating Department Head: Reid Rector (1296)
Additional Information Contact: Evonia Daniels (7504)
Logname: 02LCOLLINS Page 2 of 2