HomeMy WebLinkAboutContract 45371 I sc
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CONTRACT ,
STATE ATE TEXAS
COUNTY OF TARRA 1T
AGREEMENT
This Agreement ("Agreement") is made and entered i ntC by and between the City
of Fort Worth ��C its"'� , acting herein by and through its duly authorized Assistant City
Manalgerr, and Marguerite M. Reynolds ("Consultant"), the person or entity whose
personal services are to be retained hereunder, individually referred to s a "party,"
collectively referred to as the Itpartias.°'
For and in consideration of the covenants and promises contained herein, the
parties hereto agree as fillos.
1r
General Provisions & Sor e, 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 othertimes 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 March 1, 20,14 and terminate September 30, 2014
("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, 2014, and terminating on September 30, 2015 "Renewal Term"). The terms
and conditions of this Agreement are subject to re-negotiation upon mutual consent ent Cif
both parties at the time of such renewal*
3.
Point of Contact
M
Cn Consultant agrees to cooperate with the City Is Director of Governmental
Relations and the City Manager, who shall relate to Consultant requests from the City.
rri For purposes of this AgIreement, the term City Manager shall include the City Manager
and his or her designee. Consultant will respond to re iuests made by the Mayor, the
Chair of the Legislative and Intergovernmental Affairs Committee, the City Manager, and
the C,iit,y Is Director of Governmental Relations. consultant will coordinate all responses
A' or actions taken on the City's behalf through the Director, of Governmental relations or
appropriate City staff. OFFICIAL RECORD
ClTy SECIRIETARY
Marguerite M.Reynolds
FT*WORTHs 1M
2014 Legislative Agreement
Page 1 olf
4.
Independent,Contractor Status
Consuitant, 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 d:etai�ls of the services
performed hereunder and shall be solely responsible for the acts or omissions of its
officers, agent;, employees, and sub consultants. 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 12
,500-00' per month. It is, understood
that said payments are due, and payabile 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�17,500.00 for services provided.
6.
T e r mi":n a fi"o n
The City may terminate this Agreement at any time for breach of this Agreement
by providing a to (10) day written notice to the Consultant. Either party may terminate
this Agreement for any reason by providing a thirty (30) day written notice to the other
party. Upon termination, all products prepared by Consultant hereunder whether
completed or artial,ly 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 f'urnish 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.
8.
Conflict of Interest& Other:Cl,I*ents
Consultant shall inform the City of army 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.
Marguerite M.Reynolds
2014 Legislative Agreemcait
Page 2 of 8
Consultant, shall comply with Section 305.028 of the Texas Government Code.
9.
Govern'lng 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.
Ava'11abifity of Funds
In the event no funds, or insufficient funds are appropriated and budgeted or are
the ise 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.
1.
NoUces
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; Consultant:
City of Fort Worth Marguerite M. Reynolds
City Manager, 1700 Wind Star Way
1000 Throckmiorton Fort Worth, Texas 76 108
Fort Worth, T'X 7611 2
with copl"es, to:
The City Attorney and
Governmental Relations
Dlirector at the same address
12.
Access to Records-,V Audit
Consultant agrees that the City shall, until, the expi,ration 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 th,is 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 compiliance with the provisions of
Marguerite M.Reynolds
2014 Legislative Agreement
Page 3 of 8
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 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 d�irectly pertinent books, documents, papers and records of such
su,bconsul,tant, involving transactions to the subcontract, and further, that City shall have
access, during noirm:iall working hours to ill 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
CONS�ULTAIT'S OWN NEGLIGENCE, WRONGFUL ACTS, ERRORS, OMISSIONS,
OR INTENTIONAL MISCONDUCT AS A RESULT OF CONSUTLAN'T'S
PERFORMANCE PURSUANT TO THIS AGREEMENT. CONSULTANT SHALL NOT' BE
LIABLE FOR ANY DAMAGES OR LOSSES ARISING SOLELY FROM THE CITY'S
NEGLIGENCE, WRONGFUL ACTS, ERRORS, OMISSIONS OR INTENTIONAL
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 er-ribodied, 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 diefine, 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
I
the feminine.
Marguerite M.Reynolds
2014 Legislative Agreement
Page 4 of 8
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 ornission 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
under this Agreement without the prior written consent of'the City,, which consent may be
withheld in the City$1 s, sole and absolute discretion.
19.
Force Ma cure
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 weathers governmental restrictions, regulations, or interferences; fires- strifes,
lockouts, national disasters; riots; material or labor restrictions; transportation problems;
or any other c,ir,cumstances, 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
I
same during such period of delay,
so that the time period applicabile, to such, obligation
,
shall be extended for a period of time equal to the period such party was delayed.,
[Remainder Intentionally Left Bila�nk]
Marguerite M.Reynolds
2014 Legislative Agreement
Page 5 of 8
� 2014,
Executed on the fi � �� ��'
MARGUERITE M. REYNOLDS: CITY OF' FO�RT WORTH:
ON
By: Ulf" p By'. 27
r uen, e M. kdy�n
o
f
C ,arles W. Daniels
sis ant City Manager
Date- Date: 9 .
, tt� T Approved as t Form and Legality'.4F
r
ILL AL
k
y K ,y�2Males is Farmer
City Secret Assistant City Attorney
.w Contract Authorization:
M&C
000
r
Date Approved.
000
OFFICIAL RECORD,
CITY SECRETARY
No TX
Marguerite M.Reynolidis NORMAN=
20,14,Legislative Agreement
Page 6 of*8
EXHIBIT "Al
SCOPE SERVICES
1. Consultant will provide advice and counsel regarding those state agencies and
commissions which interfirace with the City a nd will promote working relationships, and
goodwill between the city and key staff and hoard members of those state agencies, and
commissions, when. requested by the City.
2. During the legislative session (20 14),, 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 inforrn the City (generally by contacting the City Manager) of
any legislative initiatives felt to he possibly detrimental to the interests of the City, as
he she lades aware of any such initiative.
4. Consultant will assist the City Manager and other designated city staff in tile
development and coordination of the city's legislative program..
5. Consultant will generally cooperate with City Manager to promote the passage
f proposed legislative initiatives included in the City Council adopted legislative
a enda/pacl et, in cooperation with City representatives.
6. Consultant will assist the City Manager and ether designated city staff in
defeating any legislation, amendments to legislation, appropriation or other action by the
Texas Legislature that will erode, weaken, decrease or tale away the City's authority o
govern the municipal affairs of the City or that is detrimental to the interests st. the City
of port 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 can 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 l"undin opportunities.
9. Consultant will assist the City Manager and ether 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 memtiers, City Management,, City
Mrurzte M,.Reynolds
20 14 Legislative Agreement.
Page
staff and the staffs thereof while said are in Austin attending conferences or public
hearings and or meetings.
1. Consultant will ini'onn the City generally by contacting C ty Manager or
his/her designee), of any legislative initiatives ;felt to he possibly detrimental to the
interests of the City, the City's Comprehensive : 'lan or the City's State Legislative
Agenda as he/she becomes aware of any such initiative.
2. 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 hoard leadership and key staff on
behalf of the City. As the need arses, s
�' � he will discuss with City Manager or his/her
designee coverage of ley legislative committee hearings/meetings, state agency
hearings/meetings, state hoard hearings/meetings anal proposer will attend
hearings/ineetings upon request, as necessary and possible.
Marguente M.Reynolds
2014 Legislative Agreement
Page8 o 8