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HomeMy WebLinkAboutContract 40996STATE OF TEXAS COUNTY OF TARRANT AGREEMENT CITY SECRETARY CONTRPCT NO. 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. 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, 2010 and terminate September 30, 2011 ("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, 2011, and terminating on September 30, 2012 ("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 Governmental Relations. Consultant will coordinate all responses or actions taken on the City's behalf through the Director of Governmental Relations or appropriate City staff. PAS Communications 2010-2011 Legislative Agreement Page 1of7 .l0- • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. 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 such disclosure may be required by law PAS Communications 2010-2011 Legislative Agreement Page 2 of 7 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 2010-2011 Legislative Agreement Page 3 of 7 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 CONSULTANTS OWN NEGLIGENCE, WRONGFUL ACTS, ERRORS, OMISSIONS, OR INTENTIONAL MISCONDUCT AS A RESULT OF CONSUTLANT'S P ERFORMANCE PURSUANT TO THIS AGREEMENT CONSULTANT SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING SOLELY FROM THE CITY'S N EGLIGENCE, WRONGFUL ACTS, ERRORS OMISSIONS OR INTENTIONAL MISCONDUCT. 14. Entirety of Agreement This Agreement shall be the entire, full and complete agreement between the P arties 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 2010-2011 Legislative Agreement Page 4of7 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. PAS Communications 2010-2011 Legislative Agreement Page 5 of 7 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; o r any other circumstances which are reasonably beyond the control of the party o bligated 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 n ot, 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. [Remainder Intentionally Left Blank] Executed on this day of 0,040dL, , , 2010. PAS COMMUNICATsNS: By Patrick A. ac sC arti Hendrix ity Secretary vacina (12 21H-0 PAS Communications 2010-2011 Legislative Agreement Page 6of7 00cobsci ,41fr ao ° )44.17 B CITY OF FORT WORTH: By ae-D1 Karen L. Montgomery Assistant City Manager Date: /O/o//O Approved as if 0210 orm a, d Legality: Maleshia 0.. Farmer Assistant City Attorney Contract Authorization: M&C' (1-2q5e61 Date Approved: 10 -:51-cao/ OFFI CIAL RECORD CITY SECRETARY !Ft WORTH, TX EXHIBIT "A" SCOPE OF SERVICES 1. Consultant will assist the City Manager and other designated city staff in the development and coordination of the city's legislative program. 2. 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 bills in the packet. 3. 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. 4. 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. 5. 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. 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. 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. 8. Consultant will provide advice, counsel, and communication for the City with regard to the City's involvement in and competition in the 2011 All America Cities program. PAS Communications 2010-2011 Legislative Agreement Page 7of7 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/5/2010 DATE: Tuesday, October 05, 2010 REFERENCE NO.: **C-24506 LOG NAME: 02PAS2010 SUBJECT. Authorize the Execution of Professional Services Agreement in an Amount Not to Exceed $59,616.00 with Patrick A. Svacina, d/b/a PAS Communications, for Consulting Services Related to State and Federal Legislative and Administrative Issues RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $59,616.00 with Patrick A Svacina, d/b/a PAS Communications, for consulting services and as a legislative liaison for state and federal legislative and administrative issues. The term of the contract will be from October 1, 2010 to September 30, 2011 with an option to renew for one—year under the same terms and conditions. DISCUSSION: On October 6, 2009, the City Council authorized the City Manager to execute a contract with Patrick A. Svacina, d/b/a PAS Communications (Svacina) for services as a legislative liaison for state and federal legislative and administrative issues. The current contract with Patrick A. Svacina is set to expire September 30, 2010. There is a continuing need to retain the services of Patrick A. Svacina because it is necessary that the City be properly informed on matters pertaining to the state and federal legislative and administrative issues that will be important as the City of Fort Worth begins preparations for the 2011 Legislative Session. This Agreement will ensure the City is informed on state issues in preparation for legislative hearings and in the formulation of public positions. It is advisable that the City obtain professional representation to assist in defining and crafting appropriate verbal and/or written messages relative to those issues. The term of the proposed contract with Patrick A. Svacina is from October 1, 2010, to September 30, 2011. The City shall have an option to renew the agreement for an additional one year term under the same terms unless otherwise mutually agreed by the parties. The proposed contract requires the City to compensate Patrick A. Svacina at a rate of $4,968.00 per month which represents an agreed reduction of 10 percent from the monthly retainer under the previous contract. FISCAL INFORMATION: The Financial Management Services Director certifies that upon approval of the above recommendation and adoption of the proposed Fiscal Year 2011 Budget, funds will be available in the Fiscal Year 2011 Budget as appropriated of the General Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. fundinaverifcation.odf GG01 531200 0029000 Karen Montgomery (6222) Reid Rector (1296) Evonia Daniels (7504)