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HomeMy WebLinkAboutContract 40995 (2)STATE OF TEXAS COUNTY OF TARRANT AGREEMENT MY SECRETARY CONTRACT NO. kii.. °)S-- 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 Lawrence Collins ("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 Lawrence Collins 2010-2011 Legislative Agreement 1 0- 2 2- 1 0 A 08: 1 6 I FT, WORTH, TX Page 1 of 8 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. OFFICIAL RECORD CITY SECRETARY 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, Expenses & Travel In full payment and consideration for all services provided hereunder, the City shall pay Consultant an amount not to exceed $4 522.50 per month. It is understood that said payments are due and payable by City upon receipt of an invoice from Consultant. For the Initial Term, and the Renewal Term the City shall reimburse Consultant an amount not to exceed $1,000.00 for approved expenses. Unless otherwise agreed to by the parties, payment under this Agreement shall not exceed the total amount of $55,270.00 for services and expenses. 6 Termination Either party may terminate this Agreement for breach upon ten (10) days written notice if the other party fails to cure such breach to the satisfaction of the non -breaching party within the 10 day time period Either party may terminate this Agreement without cause by providing a thirty (30) day written notice to the other party. 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 Lawrence Collins 2010-2011 Legislative Agreement Page 2 of 8 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 Lawrence Collins 2010-2011 Legislative Agreement Page 3 of 8 Consultant: Lawrence Collins 919 Congress, Suite 1100 Austin, Texas 78701 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 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. Lawrence Collins 2010-2011 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 u nder this Agreement or to insist upon full compliance by the other with his her or its o bligation 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; 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 Lawrence Collins 2010-2011 Legislative Agreement Page 5of8 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] 1' Executed on this day of �'�- , 2010. ti CONSU iTAN By: Lawrence Collins Date: Atte -i-rA•e kis Mart* Hendrix City Secretary as,,Ntirooati. 4390 p 1 407 (ii) 000a °000 • 10 % • J I Lawrence Collins 2010-2011 Legislative Agreement Page 6 of 8 CITY ®r FORT WORTH: By: dalic Karen L. Montgomery Assistant City Manager Date: /O/,)DI/O Approved as to Form and Legality: Etc Maleshia B. Farmer Assistant City Attorney Contract Authorization: M&C- C oS y-� Date Approved: /0 OFFICIAL tECURD CITY S}FCRFTARY Ft WORTH, TX 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 the legislative session (2011), 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, as he 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 bills 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. Lawrence Collins 2010-2011 Legislative Agreement Page 7of8 11. Consultant will inform the City (generally by contacting City Manager or his/her designee) 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 he/she becomes aware of any such initiative. 12. 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. 13. 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. 14. 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. 15. 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. Lawrence Collins 2010-2011 Legislative Agreement Page 8 of 8 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/5/2010 DATE: Tuesday, October 05, 2010 REFERENCE NO.: **C-24505 LOG NAME: 02LCOLLINS2010 SUBJECT Authorize the Execution of a Professional Services Contract in an Amount Not to Exceed $55,270.00 with Lawrence Collins for Consultation and Representation on State Issues Before the Texas State Legislature, State Agencies, State Boards and State Commissions, and the Office of the Governor RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $55,270.00 with Lawrence Collins for professional services involving consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, state agencies, state boards and state commissions, and the Office of the Governor. 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: 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, Texas. The current contract with Lawrence Collins (Mr. Collins) for these services expired on August 31, 2010 Mr. 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 one hundred ($100) billion. In addition, 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. Originally, 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. Due to the efforts of Mr Collins the City of Fort Worth was successful in securing an additional $3 1 million appropriation during the 80th Regular Session. Again, during the 81 st Regular Session of the Texas Legislature, Mr. Collins was successful in securing a third $3.1 million appropriation that will allow the Business Assistance Center and the UNT Health Science Center to continue these projects Thus, over the course of the last three legislative sessions, Mr. Collins has been instrumental in securing $9.3 million In addition, Mr. Collins worked with the City's legislative staff to secure $20 million in funding to assist the City of Fort Worth and other Texas cities in their community homelessness programs. 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 and the interim session. The term of the contract is from October 1, 2010 to September 30, 2011. The City shall have an option to renew for an additional one-year term under the same terms unless otherwise mutually agreed by the parties. The proposed contract requires the City to http://apps.cfwnet org/ecounciUprintmc.asp?id=14039&print=true&DocType=Print 10/14/2010 Page 2 of 2 compensate Mr. Collins at a rate of $4,522.50 per month which represents a 10 percent reduction from the monthly retainer under the previous contract which expired August 31, 2010. 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 approved reimbursable expenses shall not exceed $1,000.00 for the term of the contract. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds will be included in the City Manager's proposed 2010-2011 Budget in the General Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GG01 531200 0029000 $55,270.00 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS No attachments found. Karen Montgomery (6222) Reid Rector (1296) Evonia Daniels (7504) http://apps.cfwnet org/ecouncil/printmc.asp?id=14039&print=true&DocType=Print 10/14/2010