HomeMy WebLinkAboutContract 61523FORT WORTH ®
AGREEMENT
This Agreement ("Ag reement") is made and entered into by and between the City
of Fort Worth ("City") and Current Public Affairs and Media Relations, a Texas Limited
Liability Company doing business as Current PR ("Consultant "), the entity whose
services are to be retained hereunder , individually referred to as a "Party ," colle ctively
referred to as the "Parties ."
WHEREAS , the Charter of the City of Fort Worth designates the Mayor as the
official head of the city government ;
WHEREAS , the City of Fort Worth is now the 12 th largest c ity in the nation and ,
as such, the Mayor receives numerous media inq uiries , speaking reques ts, and event
invitations which require management, oversight, and organization ;
WHEREAS , the Office of the Mayor is experiencing temporary staffing shortages;
and
WHEREAS, the City desires to retain Consultant , a trusted advisor with
exper ience on official City matters , to manage , facilitate , and otherwise assist the Mayor
on matters related to her official duties as the head of city government.
NOW , THEREFORE, 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 as set out in Section Five (5) below ,
Consultant will assist with media relations , communications, speechwriting and policy
initiatives in the City of Fort Worth. Specifically, Consultant agrees to render 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 beg in June 10, 2024 , and terminate January 31 , 2025
("Initial Term "), unless terminated sooner as provided herein . Upon City Manager
approval, City will have the option to extend this Agreement under the same terms and
conditions for up to one year.
3 .
Point of Contact
In providing the services, Consultant aarees to coooerate with and report to the
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Mayo r and the Chief of Staff. Consultant will respond to requests made by the Mayor,
the Chief of Staff, and other Office of the Mayor staff in a timely manner.
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 her
officers , agents , and employees . City shall not be responsible for withholding taxes with
respect to the Contractor's compensation hereunder. The Contractor shall have no claim
against City for vacation pay , sick leave , retirement benefits , social security , worker 's
compensation , health or disability benefits , unemployment insurance benefits , or
employee benefits of any kind . 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 providing the services outlined in Exhibit A , Consultant will be available upon
request , though some weeks may require less hours worked and some weeks may
require more ("Base Services "). In full payment and consideration for the Base Services
provided hereunder, the City will pay Consultant a Personal Service Fee of $10,000.00
per month .
In the event that an extraordinary incident receiving national media attention
occurs within or in close proximity to the City (e .g., tornado , riot , natural disaster, etc.),
that is anticipated to materially increase Consultant's workload beyond a typical ful l-time
schedule (hereinafter referred to as "Extraordinary Media Incident"), Consultant may
make a written request to City for the Personal Service Fee to be increased in
connection with such Extraordinary Media Incident for the affected time period only. The
written request must include a summary of the additional work that needs to be
completed by Consultant due to the Extraordinary Media Incident, as well as a Personal
Service Fee increase estimate . If City agrees to the written request , City will have
discretion in determining what amount the Personal Service Fee will be for the affected
month(s), but in no event will the Personal Service Fee exceed $15 ,000 .00 in any
month . City also has discretion when determining when the Extraordinary Media Incident
began and ended .
Consultant must register as a Vendor with the City . Consultant will submit
invoices on a monthly basis for the preceding month. Invoices will need to be submitted
in accordance with City policy but will also need to be emailed to the Office of the Mayor.
Payments are due and payable by City within 30 days of receipt of an invoice from
Consultant.
Consultant's travel and expenses are not covered by the Personal Service Fee .
In the event Consultant is required to travel in connection w ith providing services to the
City , any travel expenses incurred will be reimbursed by the City or covered in advance
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in accordance with City policy. Travel expense reimbursements under this Agreement
will be in an amount not to exceed $10 ,000 .00.
Unless otherwise agreed to by the parties , payment under this Agreement shall
not exceed the total amount of $80,000.00 for the Personal Service Fee , travel
reimbursements and any supplementary expenses .
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
Upon request , Consultant shall furnish the City periodic reports on its work . 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.
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 C ity will immed iately notify
Consultant of such occurrence and this Agreement shall be terminated on the last day of
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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 t his 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 de livery :
City:
City of Fort Worth
Attn : Chief of Staff
100 Fort Worth Trail
(previously 100 Energy Way)
Fort Worth , TX 76102
With a copy to the City Attorney:
Consultant:
Current PR
Attn : Laken Rapier
P.O . Box 471626
Fort Worth , Te xas 76147
100 Fort Worth Trail (previously 100 Energy Way)
Fort Worth , TX 76102
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 prov is ions of
this section. The City shall give Consultant reasonable advance notice of intended
audits.
Consultant further agrees to photocopy any audit re lated documents as may be
requested by the City. The City agrees to reimburse Consultant for the costs of the
copies at the rate published in the Texas Administrative Code in effect as of the time
copying is performed.
13.
Liability
CONSUL TANT 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 , WRONGFU L ACTS , ERRORS, OMISSIONS OR INTENTIONAL
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MISCONDUCT.
14.
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.
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 .
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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 d isasters ; 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.
21.
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 ent itled to rely on these warranties and
representations in entering into this Agreement or any amendment hereto.
CURRENT PR
By Xe/£ ' La ken R piEIT
Principal
Attest:
'flnw_f
Jannette S. Goo W.: 0 0 ••• B
City Secretary ~b.. °"000000
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"Qt>_.,.1"EX ~'<>'-<>' -..11.~~~~
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the
person responsible for the monitori ng and
administration of this contract , including
ensuring all performance and reporting
requirements.
By : ~~h~
Whitney Rodrigez
Chief of Staff
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CITY OF FORT WORTH:
By:~~~
Mark McDaniel
Deputy City Manager
Date : Jun 6, 2024
Approved as to Form and Legality:
'7),, (tf,,,/1 ✓---/
By : Zf
Jessika J. Williams
Assistant City Attorney
Contract Authorization:
No M&C Required
I
OFFICIAL REC ORV-[
CITY SECRETA RY
FT. WORTH, TX
EXHIBIT "A"
Scope of Services
Consultant will assist with the following i n the Mayo r's Office :
Media Relations, Communications, and Speechwriting
1. Assist with the management of med ia i nquiries , including intake and timely
response , in Mayor's office and across city departments .
2 . Monitor and analyze relevant media coverage .
3. Assist in the development of media strategy and the coordination of media
engagements .
4 . Advise Mayor and other City leaders , i ncluding Councilmembers as needed , on
media issues impacting the City .
5. Assist with c reating content for various communications platforms in Mayor's
Office.
6. Compose speeches for high -p rofile engagements , including the 2024 State of the
City address .
Mayor's Policy Initiatives
1. Ensure alignment of communication efforts across all Mayor's initiatives and
keep stakeholders informed and engaged t hroughout each project.
2. Assist in managing Mayor's many leadership roles and ongoing commitments ,
including Big City Mayors , U.S . Conference of Mayors , and Mayor's Alliance to
End Childhood Hunger.
3. Assist with monitoring key Texas legislative and policy developments as those
relate to the City of Fort Worth and relevant Mayor's policy i nitiatives. Consultant
will not , however , engage in any lobbying or other activities that would require
registrat ion under Tex. Gov. Code Chapter 305.
*City will provide Consultant with a city-issued laptop , cell phone , and any other
necessary electronics as determined by the Mayor's Office . These items must be
used and returned when this Agreement terminates in accordance with City policy.
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