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HomeMy WebLinkAbout1999-380ORDINANCENO 9&3062 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH BARBARA T MCCALL ASSOCIATES, INC TO PROVIDE CERTAIN INFORMATION AND SERVICES WITH REGARD TO LEGISLATION OF INTEREST TO THE CITY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton wishes to employ Barbara T McCall Associates, Inc to provide personal services with regard to legislation which is of interest to the City, and WHEREAS, the City of Denton will be participating with a number of other cities that have entered into similar Personal Services Agreements with Barbara T McCall Associates, Inc , and WHEREAS, due to the concurrent participation of other Texas cities and that Barbara T McCall has unique qualifications and experience that no other person can offer the City during this period of time as a Personal Services Contract, this Contract is exempt from competitive bidding in accordance with Tex Loc Gov't Code §252 002(a)(4), and WHEREAS, the City Council deems it in the public interest to authorize the City Manager to enter into a Personal Services Contract with Barbara T McCall Associates, Inc for the above -mentioned legislative services, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to enter into a Personal Services Agreement with Barbara T McCall Associates, Inc, substantially in the form of the attached Agreement, which is made a part of this ordinance for all purposes, to provide information about legislation and other related personal services to the City SECTION II. That the City Manager is hereby authorized to make the expenditures as outlined in the attached Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval -� n ' ' PASSED AND APPROVED this the �g day of A&4_ / , 1999 JAC LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY m F \shared\dept\LGL\Our Documents\Ordinances\99\mccall contract ordinance doc Page 2 PERSONAL SERVICES AGREEMENT Between the City of Denton, Texas State of Texas, County of Denton and BARBARA T McCALL ASSOCIATES, INC Washington, D C WHEREAS, the City of Denton, ("City"), in consultation with other major cities in Texas, has determined that there is a need for jointly sponsored Washington representation, and WHEREAS, this need is particularly pressing in relation to 1 information about legislative and executive action on issues of common interest, 2 transmitting City positions on these issues to the Congressional delegation and to the Administration, and 3 obtaining individual City service to pursue defined projects or individual legislative priorities, and WHEREAS, Barbara McCall, due to the concurrent participation of other Texas cities has unique qualifications and experience that no other person can offer the city during this period of time, and WHEREAS, Barbara T McCall is known to the Cities and is capable of and willing to undertake such representation in Washington as a personal services contract exempt from competitive bidding in accordance with Section 252 022 (a) of the Texas Local Government Code, NOW, THEREFORE, the City of Denton, in association with and recognizing the concurrent participation of the Cities of Austin, Dallas, Lubbock, and Plano (collectively, the "Cities"), enters into this personal services agreement with Barbara T McCall Associates, Inc ("Consultant") 1 I OBLIGATIONS OF THE CONSULTANT A The Consultant will operate a unit to act as a Washington office for the Cities and head this unit and as Washington Assistant to the Cities The Consultant will furnish requisite staff, office space, utilities, furnishings, and equipment, secretarial services, common -use office supplies and services, and general administrative support B The Consultant will consult with the "Committee" (see Section IIE) to determine issues of specific interest to the Cities and to determine policies and positions which the Cities as a group hold and wish to be pursued In cases in which the City positions differ from or conflict with the Cities' group position, the Consultant will consult with the City and the Committee to determine the proper course of action C Information 1 The Consultant will provide regular information on Washington issues and events of interest to the Cities This will be done by a) a regular "Washington Report," b) written reports, bulletins, and memoranda on developments regarding Texas -specific issues, and c) direct phone contact 2 The Consultant will present federal affairs briefings for the Cities at times and places specified by the Committee D Congressional Relations The Consultant will establish and maintain on a regular basis contact with the Texas Senators and the Cities' delegation in the House of Representatives E Administrative Relations The Consultant will advise and consult on behalf of the City with the White House and the following federal agencies or departments Commerce, SBA, Treasury, HUD, Labor, HHS, DOT, EPA, Interior, Justice, DOE, and such other agencies, departments and commissions as may be necessary to the performance of Washington service to the City 2 F Individual City Services 1 The Consultant will initiate and pursue research, reports, meetings, consultation and other activities on matters of interest to the City and will respond to requests for similar actions from the City She will inform the Administration and Congress of the needs of the City Such services and activities will be provided at a cost of $95 00 per hour 2 Should billable costs for the contract period appear to exceed the costs specified in Sections Il, B or C The consultant will notify the City, together with her estimates of the extra amounts expected to be required, the reasons therefore, and her recommendation to the City II OBLIGATIONS OF THE CITY A The City will contract with the Consultant for specified services for a period of one year, commencing October 1, 1999 and ending September 30, 2000 B Service Costs 1 The service cost of this Contract is composed of three elements a) A retainer of sixteen thousand dollars ($16,000 00) per the one year period b) Thirty-six assured -usage hours of service at ninety-five dollars ($95 00) per hour, totaling three thousand four hundred twenty dollars ($3,420 00) c) Optional use hours of service at the rate of ninety-five dollars ($95 00) per hour, not to exceed $9,500 00 C Reimbursable Costs --Not to Exceed five thousand dollars ($5,000 00) 1 Costs incident to travel outside Washington, D C for long-distance telephone calls and for expedited communication services shall be reimbursed to the Consultant upon submission of its invoice to the City It is understood that travel is to be pre -authorized by the City or the Committee In the case of travel authorized by the 3 Committee, the City agrees to pay its pro-rata share of the costs 2 Costs for the following items which exceed the allocation for such items in the basic contract cost shall, when authorized by the City and the Committee, be reimbursed to the Consultant upon presentation of an invoice a) Subscription and dues b) Printing and graphics c) Supplies d) Provision of local ground transportation in Washington e) Rental of meeting facilities and other meeting expenses 3 If an expenditure under this section is authorized by the Committee, the City agrees to pay its pro-rata share D Contract costs are payable as follows 1 The retainer and assured hourly costs of (nineteen thousand four hundred twenty dollars ($19,420) are payable, quarterly, in advance in these amounts October 1, 1999 $4,855 00 January 1, 2000 $4,855 00 April 1, 2000 $4,855 00 July 1, 2000 $4,855 00 2 The optional hourly costs above the first eighteen hours of service are payable upon billing by the Consultant, after the assured hours of service have been exceeded (Sec Il, B 2) E The Committee 1 The City will appoint a member to a Committee of the Cities associated in this effort The Committee will appoint its own chairperson and determine the times and places of its meetings 4 The functions of the Committee are a) to determine common positions on federal issues which the Consultant is to pursue on behalf of the Cities b) to discuss apparent conflicts or differences on issues or projects which may arise among the Cities and to resolve them in terms of a course of action for the Consultant c) to monitor the function and operation of the Washington office to determine if it is fulfilling the goals and objectives for which it was designed d) to authorize travel and other reimbursable expenses to be incurred for the common purposes of the Cities F General 1 The City will inform the Consultant of the person(s) authorized to request services and to serve as the chief contact 2 The City will supply the Consultant with a summary of the federal programs in which the City is participating and other information necessary to an understanding of the City's purposes in relation to the federal government III THE CITY AND THE CONSULTANT AGREE THAT CERTAIN EXCLUSIONS SHALL APPLY The Consultant will not A Directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office B Will not represent the interests of local constituents in pursuit of federal business C By virtue of this agreement, represent other local agencies in the City except those which are instrumentalities or agencies of the City D Perform any legal, engineering, accounting, or other similar 5 professional services E Expend more than two thousand five hundred dollars 02,500 00) provided by this contract in efforts to influence HUD directly, as specified in Sec 7 (d) and 13 (g) of the Department of Housing and Urban Development Act 42 USC 3535 (d) and 3537 b(g) and 24 CFR Sec 86 1 IV THE CITY AND THE CONSULTANT AGREE A Either party may terminate this agreement at any time by giving the other at least thirty days' written notice B This agreement shall take effect on October 1, 1999 V PROFESSIONAL COMPETENCY A The Consultant agrees that in the performance of these personal services, Consultant shall be responsible to the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work For the purpose of this Agreement, the key person who will be performing most of the work hereunder shall be Barbara T McCall However, nothing herein shall limit Consultant from using other qualified and competent members of her firm to perform the services required herein so long as they are working in a support role to Ms McCall B The City shall be able to make copies of any reports and documents prepared or obtained under the terms of this Agreement The City shall be able to use copies of these reports and documents without restriction on their use and without further compensation to Consultant VI ESTABLISHMENT AND MAINTENANCE OF RECORDS Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this Agreement Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement VII AUDITS AND INSPECTION At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's C records with respect to all matters covered by this Agreement The Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement VIII INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP A The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City Nothing herein shall be construed as creating a relationship of employer and employee between the parties The City and Consultant agree to cooperate in the defense of claims, actions, suits, or proceedings of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement In the event of any litigation or claim under this Agreement in which the City is joined as a party, Consultant shall provide suitable counsel to defend City and Consultant against such claim, provided the Consultant shall have the right to proceed with the competent counsel of its own choosing The Consultant agrees to defend, indemnify, and hold harmless the City and all of its officers, agents, servants, and employees against any all such claims to the extent of coverage by Consultant's commercial liability policy The Consultant agrees to pay all expenses, including, but not limited to attorney's fees, and satisfy all judgements which may be incurred or rendered against the Consultant's commercial liability insurance policy Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to the City resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved B Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of commercial liability insurance, with a rating of at least A- with Best Rated Carriers Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act and/or error or omission, in an amount not less than $500,000 combined single limit coverage occurrence In the event of change or cancellation of the policy by the insurer, the Consultant hereby covenants to forthwith advise the City thereof, and in such event, the consultant shall, prior to the effective date of change or cancellation, serve substitute policies furnishing the same coverage The Consultant shall provide a copy of such policy or 7 the declarations page of the policy or a certificate of insurance, whichever is reasonably satisfactory, to the City through its City Manager simultaneously with the execution of this Agreement IX COMPLIANCE WITH LAWS The consultant shall comply with all applicable laws X GOVERNING LAW This agreement shall be governed by the laws of the State of Texas, venue and jurisdiction of any suit or cause of action arising under this agreement shall lie exclusively in a court of competent jurisdiction sitting in Denton County, Texas 3 In witness hereof, the City of Denton, Texas, has caused this agreement to be executed by its duly authorized City Manager and Consultant -has executed this agreement through its duly authorized President, dated thisday of 1999 FOR THE CITY OF DENTON, TEX S 10;661jv Michael W ez City Manager Attest 4finnif Falters ity Secretary M--OL Barbara T McCall, President Barbara T McCall Associates, Inc 1401 K Street, NW Suite 700 Washington, DC 20005 202-842-5430 Federal Employer ID # 52-1906049 Approved to legal form By Her 141