1999-380 ORDINANCE NO ~d~-. ~ ~/~
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
prowde personal services w~th regard to legislation which ~s of interest to the City, and
WHEREAS, the C~ty of Denton will be partlmpatlng 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 c~t~es and that Barbara T
McCall has umque quahficatlons and expenence that no other person can offer the C~ty dunng
th~s period of time as a Personal Services Contract, this Contract ~s exempt from competitive
b~ddmg m accordance with Tex Loc Gov't Code §252 002(a)(4), and
WHEREAS, the City Council deems ~t ~n the public ~nterest 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 ~s hereby authorized to enter ~nto a Personal
Servmes Agreement w~th Barbara T McCall Associates, Inc, substantially in the form of the
attached Agreement, which ~s made a part of thru ordinance for all purposes, to provide
~nformatlon about legislation and other related personal services to the C~ty
SECTION II. That the City Manager ~s hereby authonzed to make the expenditures as
outlined in the attached Agreement
SECTION III That th~s orchnance shall become effective ~mmedlately upon ~ts passage
and approval
PASSED AND APPROVED thls the /~ dayof ~,~ _,1999
JAC~a~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
F \sharedklepfiLGL\Our Documents\Ord~nanccs\99\mccall contract ordinance doc
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PERSONAL SERVICES AGREEMENT
Between the C~ty of Denton, Texas
State of Texas, County of Denton
and
BARBARA T McCALL ASSOCIATES, INC
Washington, D C
WHEREAS, the C~ty of Denton, ("C~ty"), ~n consultation w~th other major c~t~es
~n Texas, has determined that there ~s a need for jointly sponsored Washington
representation, and
WHEREAS, th~s need ~s particularly pressing m relation to
1 ~nformat~on about legislative and executive action on msues of common
interest,
2 transmitting C~ty pos~t~ons on these ~ssues to the Congressional
delegation and to the Administration, and
3 obtaining ~nd~wdual C~ty serwce to pursue defined projects or ~ndw~dual
leg~slatwe priorities, and
WHEREAS, Barbara McCall, due to the concurrent participation of other Texas
c~t~es has umque quahflcat~ons and experience that no other person can offer the c~ty
dunng th~s penod of t~me, and
WHEREAS, Barbara T McCall ~s known to the C~t~es and ~s capable of and
wdl~ng to undertake such representation ~n Washington as a personal serwces contract
exempt from competitwe b~dd~ng m accordance w~th Section 252 022 (a) of the Texas
Local Government Code,
NOW, THEREFORE, the City of Denton, ~n association w~th and recogmz~ng the
concurrent participation of the C~t~es of Austin, Dallas, Lubbock, and Piano
(collectwely, the "C~t~es"), enters ~nto th~s personal serwces agreement w~th Barbara
T McCall Associates, Inc ("Consultant")
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OBLIGATIONS OF THE CONSULTANT
A The Consultant w~ll operate a unit to act as a Washington office for the
C~t~es and head th~s unit and as Washington Assistant to the C~t~es The
Consultant w~ll furmsh requisite staff, office space, ut~ht~es, furmsh~ngs,
and equipment, secretarml serwces, common-use office supphes and
services, and general administrative support
B The Consultant w~ll consult w~th the "Committee" (see Section liE) to
determine msues of specific interest to the C~t~es and to determine
pohcles and pos~t~ons which the C~tms as a group hold and w~sh to be
pursued In cases ~n which the C~ty pos~t~ons d~ffer from or conflict with
the C~t~es' group pos~t~on, the Consultant w~ll consult w~th the C~ty and
the Committee to determine the proper course of action
C Information
1 The Consultant w~ll prowde regular ~nformat~on on Washington
~ssues and events of ~nterest to the C~tles Thru w~ll be done by
a) a regular "Washington Report,"
b) written reports, bullet]ns, and memoranda on developments
regarding Texas-specific msues, and
c) d~rect phone contact
2 The Consultant w~ll present federal affairs briefings for
the C~t~es at times and places specified by the Committee
D Congressional Relations
The Consultant w~ll establish and maintain on a regular bas~s contact w~th
the Texas Senators and the C~t~es' delegation m the House of
Representatives
E Administrative Relations
The Consultant will adwse and consult on behalf of the C~t¥ w~th the
White House and the following federal agencies or departments
Commerce, SBA, Treasury, HUD, Labor, HHS, DOT, EPA, Inter~or,
Justice, DOE, and such other agencies, departments and commissions as
may be necessary to the performance of Washington serwce to the
C~ty
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F Ind~wdual C~ty Services
1 The Consultant w~ll ~mt~ate and pursue research, reports, meetings,
consultation and other act~wt~es on matters of interest to the C~ty
and w~ll respond to requests for s~mllar actions from the C~ty She
w~ll ~nform the Adm~mstrat~on and Congress of the needs of the
C~ty Such serwces and act~wtms will be prowded at a cost of
$95 00 per hour
2 Should billable costs for the contract per~od appear to exceed the
costs specified m Sections II, B or C The consultant w~ll not~fy the
City, together w~th her estimates of the extra amounts expected
to be required, the reasons therefore, and her recommendation to
the C~ty
II OBLIGATIONS OF THE CITY
A The C~ty w~ll contract w~th the Consultant for spec~hed serwces for a
permd of one year, commencing October 1, 1999 and ending September
30, 2000
B Serwce Costs
1 The serwce cost of th~s Contract ~s composed of three elements
a) A retainer of s~xteen thousand dollars ($16,000 00) per the
one year per~od
b) Th~rty-s~x assured-usage hours of service at ninety-five
dollars ($95 00) per hour, totahng three thousand four
hundred twenty dollars ($3,420 00)
c) Optional use hours of serwce at the rate of mnety-flve
dollars ($95 00)per hour, not to e][ceed $9,500 00
C Reimbursable Costs--Not to Exceed five thousand dollars ($5,O00 O0)
1 Costs inc~dent to travel outside Washington, D C for long-distance
telephone calls and for expedited commumcat~on services shall be
reimbursed to the Consultant upon submission of ~ts ~nvo~ce to the
City It ~s understood that travel ~s to be pre-authorized by the
C~ty or the Committee In the case of travel authorized by the
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Committee, the C~ty agrees to pay ~ts pro-rata share of the costs
2 Costs for the following ~tems which exceed the allocation for such
~tems ~n the basic contract cost shall, when authorized by the C~ty
and the Committee, be reimbursed to the Consultant upon
presentation of an ~nvo~ce
a) Subscription and dues
b) Pnnt~ng and graphics
c) Supphes
d) Provision of local ground transportation ~n Washington
e) Rental of meeting fac~ht~es and other meeting expenses
3 If an expenditure under th~s section ~s authorized by the
Committee, the C~ty agrees to pay ~ts pro-rata share
D Contract costs are payable as follows
1 The retainer and assured hourly costs of (n~neteen thousand four
hundred twenty dollars ($19,420) are payable, quarterly, ~n
advance ~n these amounts
October 1, 1999 94,855 00
January 1, 2000 $4,855 O0
Aprd 1, 2000 94,855 O0
July 1, 2000 $4,855 00
2 The optional hourly costs above the first e~ghteen hours of serwce
are payable upon bdhng by the Consultant, after the assured hours
of serwce have been exceeded (Sec II, B 2)
E The Committee
1 The C~ty wdl appoint a member to a Committee of the C~t~es
associated ~n th~s effort The Committee wdl appoint ~ts own
chairperson and determine the t~mes and places of ~ts meetings
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The functions of the Committee are
a) to determine common pos~t~ons on federal ~ssues which the
Consultant ~s to pursue on behalf of the C~t~es
b) to discuss apparent confhcts or d~fferences on ~ssues or
projects which may ar~se among the C~t~es and to resolve
them ~n terms of a course of action for the Consultant
c) to monitor the function and operation of the Washington
office to determine ~f ~t ~s fulfilling the goals and object,yes
for which ~t was designed
d) to authorize travel and other reimbursable expenses to be
incurred for the common purposes of the C~t~es
F General
1 The C~ty wdl ~nform the Consultant of the person(s) authorized to
request services and to serve as the chief contact
2 The C~ty wdl supply the Consultant with a summary of the federal
programs ~n which the C~ty ~s participating and other ~nformatlon
necessary to an understanding of the C~ty's purposes ~n relation to
the federal government
III THE CITY AND THE CONSULTANT AGREE THAT CERTAIN EXCLUSIONS
SHALL APPLY
The Consultant w~ll not
A D~rectly or indirectly participate ~n or ~ntervene ~n any poht~cal
campaign on behalf of or ~n opposition to any candidate for public
office
B Wdl not represent the ~nterests of local constituents ~n pursuit of
federal bus~ness
C By wrtue of this agreement, represent other local agencies ~n the
C~ty except those which are ~nstrumentaht~es or agencies of the
C~ty
D Perform any legal, engineering, accounting, or other s~mdar
professional serwces
E Expend more than two thousand bye hundred dollars ($2,500 00)
prowded by thru contract ~n efforts to ~nfluence HUD d~rectly, as
specified m 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 E~ther party may terminate th~s agreement at any t~me by g~wng the other
at least thirty days' written not~ce
B Th~s agreement shall take effect on October 1, 1999
V PROFESSIONAL COMPETENCY
A The Consultant agrees that ~n the performance of these personal serwces,
Consultant shall be responsible to the level of competency and shall use
the same degree of skdl and care presently maintained by other practmmg
professionals performing the same or s~mdar types of work For the
purpose of th~s Agreement, the key person who w~ll be performing most
of the work hereunder shall be Barbara T McCall However, nothing
here~n shall hm~t Consultant from using other quahhed and competent
members of her hrm to perform the serwces required here~n so long as
they are working ~n a support role to Ms McCall
B The C~ty shall be able to make cop~es of any reports and documents
prepared or obtained under the terms of th~s Agreement The C~ty shall
be able to use cop~es of these reports and documents w~thout restriction
on their use and w~thout further compensation to Consultant
VI ESTABLISHMENT AND MAINTENANCE OF RECORDS
Full and accurate records shall be maintained by the Consultant at ~ts place of
business w~th respect to all matters covered by th~s Agreement Such records
shall be maintained for a period of at least three years after receipt of hnal
payment under th~s Agreement
VII AUDITS AND INSPECTION
At any t~me during normal bus~ness hours and upon reasonable not~ce to the
Consultant, there shall be made avadable to the C~ty all of the Consultant's
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records w~th respect to all matters covered by th~s Agreement The Consultant
shall permit the C~ty to audit, examine, and make excerpts or transcripts from
such records, and to make audits of contracts, ~nvo~ces, materials, and other
data relating to all matters covered by th~s Agreement
VIII INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP
A The Consultant shall perform all serwces as an ~ndependent contractor
not under the d~rect superwslon and control of the City Nothing herein
shall be construed as creating a relationship of employer and employee
between the part~es The C~ty and Consultant agree to cooperate ~n the
defense of claims, actions, su~ts, or proceedings of any kind brought by
a third party which may result from or d~rectly or ~nd~rectly arise from
any neghgence and/or errors or omissions on the part of the Consultant
or from any breach of the Consultant's obhgatlons under this Agreement
In the event of any I~tlgat~on or claim under th~s Agreement ~n which the
C~ty ~s joined as a party, Consultant shall prowde suitable counsel to
defend C~ty and Consultant against such claim, prowded the Consultant
shall have the right to proceed w~th the competent counsel of its own
choosing The Consultant agrees to defend, mdemmfy, and hold
harmless the C~ty and all of ~ts officers, agents, servants, and employees
against any all such claims to the extent of coverage by Consultant's
commercial liability pohcy The Consultant agrees to pay all expenses,
~ncludlng, but not hmlted to attorney's fees, and satisfy all judgements
which may be ~ncurred or rendered against the Consultant's commercial
hab~hty ~nsurance pohcy Nothing here~n constitutes a waiver of any
rights or remedies the C~ty mav have to pursue under e~ther law or
equity, including, w~thout hm~tat~on, a cause of action for specific
performance or for damages, a loss to the C~ty resulting from
Consultant's negligent errors or omissions, or breach of contract, and all
such r~ghts and remedies are expressly reserved
B Consultant shall maintain and shall be caused to be m force at all t~mes
during the term of this Agreement, a legally b~nd~ng pohcy of commercial
hab~hty insurance, with a rating of at least A- w~th Best Rated Carriers
Such coverage shall cover any claim hereunder occasioned by the
Consultant's neghgent professional act and/or error or omms~on, ~n an
amount not less than $500,000 combined s~ngle hm~t coverage
occurrence In the event of change or cancellation of the policy by the
insurer, the Consultant hereby covenants to forthwith adwse the City
thereof, and m such event, the consultant shall, prior to the effective
date of change or cancellation, serve substitute pohc~es furmshlng the
same coverage The Consultant shall prowde a copy of such pohcy or
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the declarations page of the pohcy or a cert~hcate of ~nsurance,
whichever ~s reasonably satisfactory, to the City through ~ts C~ty Manager
simultaneously with the execution of th~s Agreement
IX COMPLIANCE WITH LAWS
The consultant shall comply w~th all apphcable laws
X GOVERNING LAW
Th~s agreement shall be governed by the laws of the State of Texas, venue and
jurmdlctlon of any suit or cause of action arising under th~s agreement shall he
exclusively ~n a court of competent jurisdiction s~tt~ng in Denton County, Texas
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In w~tness hereof, the City of Denton, Texas, has caused th~s agreement to be
executed by ~ts duly authorized C~ty Manager and Consultant has executed thru
agreement through ~ts duly authorized Premdent, dated th~s~L~day of 1999
FOR THE CITY OF DENTON, TEX~S
M"~chael W (ez ~/
C~ty Manager
Attest
/z~nr{,~r/~alte[s
~C~ty Secretary
Barbara T McCall, President
Barbara T McCall Assomates, Inc
1401 K Street, NW Suite 700
Washington, DC 20005
202-842-5430
Federal Employer ID # 52-1906049
Appr°ve~dBy ~"~/~A~/~ ,~/////,fl~/'/t° legal form~/~ ~
Uerbe~ L 'Pr~Jt~, (~ty Att~/ney
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