1998-348AN 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 Sennees Agreements with Barbara T McCall Associates, Inc,
and
WHEREAS, due to the concurrent participation of other Texas cities and that Barbara T
McCall has umque qualifications and experience that no other person can offer the City dunng
this period of time as a Personal Sennces 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 Servmes Contract with Barbara T McCall Associates, Inc for
the above.mentioned legislative serwces, 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 ttus ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~,~/~ dayof /~~/~, 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
B ~
APt~ROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
/
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PERSONAL SERVICES AGREEMENT
Between the City of Denton, Texas
State of Texas, County of Denton
and
BARBARA T McCALL ASSOCIATES, INC
Waeh,ngton, 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 ~n relation to
1 ~nformatlon about legislative and executive action on ~ssues of common
interest,
2 transmitting C~ty poslt~ons on these msues to the Congressional
delegation and to the Adm~mstrat~on, and
3 obta~mng mdiwdual C~ty serwce to pursue defined projects or ~nd~wdual
legislative priorities, and
WHEREAS, Barbara McCall, due to the concurrent part~mpat~on of other Texas
c~t~es has umque quahflcat~ons and experience that no other person can offer the mty
during this per~od of t~me, and
WHEREAS, Barbara T McCall ~s known to the C~t~es and ~s capable of and
w~ll~ng te undertake such representation ~n Washington as a personal serwces contract
exempt from compet~tive b~dd~ng ~n accordance w~th Section 252 022 (a) of the Texas
Local Government Code,
NOW, THEREFORE, the C~ty of Denton, ~n association w~th and recogmz~ng the
concurrent part~c~pation of the C~t~es of Austin, Dallas, Lubbock, and Piano
(collectively, the "C~t~es"), enters ~nto th~s personal serwces agreement w~th Barbara
T McCall Associates, Inc ("Consultant")
OBLIGATIONS OF THE CONSULTANT
A The Consultant w~ll operate a umt to act as a Washington office for the
Cities and head th~s umt 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, secretarial serwces, common-use office supphes and
services, and general adm~mstrat~ve support
B The Consultant will consult w~th the "Committee" (see Section liE) to
determine ~ssues of specific interest to the C~t~es and to determine
pohc~es and poslt~ons which the C~t~es 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 w~th
the C~t~es' group pos~t~on, the Consultant will consult w~th the City and
the Committee to determine the proper course of action
C Information
1 The Consultant will provide regular ~nformat~on on Washington
~ssues and events of interest to the C~t~es Th~s will 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 t~mes and places specified by the Committee
D Congressional Relations
The Consultant w~ll estabhsh and maintain on a regular bas~s contact w~th
the Texas Senators and the C~tles' delegation ~n the House of
Representatives
E Administrative Relations
The Consultant w~ll adwse and consult on behalf of the C~ty 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
2
F Ind~wdual C~ty Services
1 The Consultant w~ll ~nlt~ate and pursue research, reports, meetings,
consultation and other act~wtms on matters of ~nterest to the C~ty
and w~ll respond to requests for s~m~lar actions from the C~ty She
w~ll inform the Adm~mstrat~on and Congress of the needs of the City
Such services and act~wtms w~ll be prowded at a cost of $95 00 per
hour
2 Should b~llable costs for the contract period appear to exceed the
costs specified ~n Sections II, B or C, the Consultant w~ll not~fy the
C~ty, together with 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 specified serwces for a period
of one year, commencing October 1, 1998 and ending September 30,
1999
B Service 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 serwce at mnety-flve dollars
(995 00) per hour, totahng three thousand four hundred
twenty dollars (93,420 00)
c) Optional use hours of serwce at the rate of n~nety-flve dollars
(995 00) per hour, not to exceed one hundred hours/~r r~ine~
thousand five hundred dollars (99,500 00)
,/
C Reimbursable Costs--Not to Exceed F~ve Thousand Dollars (95,000
1 Costs ~nc~dent to travel outside Washington, D C for long d~stance
telephone calls and for expedited communication serwces shall
be reimbursed to the Consultant upon submission of ~ts ~nvo~ce
to the C~ty 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
items ~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) Printing and graphics
c) Supplies
d) Prows~on of local ground transportation ~n Washington
e) Rental of meeting facilities 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 (mneteen thousand four
hundred twenty dollars ($19,420) are payable, quarterly, in
advance ~n these amounts
October 1, 1998 $4,855 O0
January 1, 1999 $4,855 O0
April 1, 1999 $4,855 O0
July 1, 1999 $4,855 O0
2 The optional hourly costs above the first e~ghteen hours of serwce
are payable upon b~ll~ng by the Consultant, after the assured hours
of serwce have been exceeded (Sec II, B 2)
E The Committee
1 The C~ty w~ll appoint a member to a Committee of the C~t~es
associated ~n th~s effort The Committee will appoint ~ts own
chairperson and determine the t~mes and places of ~ts meetings
4
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 d~scuss 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 momtor the function and operation of the Washington
office to determine ~f ~t ~s fulfilling the goals and objectives
for which ~t was designed
d) to authorize travel and other reimbursable expenses to be
~ncurred for the common purposes of the C~t~es
F General
1 The City wdl ~nform the Consultant of the person(s) authonzed to
request serwces and to serve as the chief contact
2 The C~ty w~ll supply the Consultant w~th a summary of the federal
programs ~n which the C~ty ~s part~mpat~ng and other ~nformat~on
necessary to an understanding of the C~ty's purposes ~n relation to
the federal government
Ill THE CITY AND THE CONSULTANT AGREE THAT CERTAIN EXCLUSIONS
SHALL APPLY
The Consultant wdl not
A D~rectly or indirectly participate m or ~ntervene m any pol~t~cal
campaign on behalf of or ~n opposition to any candidate for pubhc
office
B Wdl not represent the ~nterests of local constituents ~n pursuit of
federal bus,ness
C By wrtue of th~s agreement, represent other local agencies ~n the
C~ty except those which are mstrumentaht~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 five hundred dollars ($2,500 00)
prowded by th~s contract ~n efforts to ~nfluence HUD d~rectly, as
spec~hed ~n 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 notme
B Th~s agreement shall take effect on October 1, 1998
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 skill and care presently maintained by other practmmg
professionals performing the same or s~m~lar 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 quahfled and competent
members of her firm to perform the servmes required here~n so long as
they are working ~n a support role to Ms McCall
B The C~ty shell 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 coptes of these reports and documents w~thout restriction
on their use and w~thout further compensation to Consultant
VI ESTABLISHMENT AND MAINTENANCE OF RECORDS
Fall 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 ma~ntmned 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 dunng normal bus~ness hours and upon reasonable not~ce to the
Consultant, there shall be made available 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 direct supervision and control of the C~ty Nothing here~n
shall be construed as creating a relationship of employer and employee
between the part~es The C~ty and Consultant agree to cooperate m the
defense of claims, actions, su~ts, or proceedings of any k~nd brought by
a third party which may result from or d~rectly or indirectly ar~se from
any negligence and/or errors or omissions on the part of the Consultant
or from any breach of the Consultant's obhgat~ons under th~s Agreement
In the event of any I~t~gat~on or claim under th~s Agreement in which the
C~ty ~s ironed as a party, Consultant shall prowde suitable counsel to
defend C~ty and Consultant against such claim, prowded the Consultant
shall have the r~ght to proceed w~th the competent counsel of ~ts own
choosing The Consultant agrees to defend, ~ndemmfy, 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
commermal I~ab~hty policy The Consultant agrees to pay all expenses,
~nclud~ng, but not I~m~ted to attorney's fees, and satisfy all judgements
which may be ~ncurred or rendered against the Consultant's commercial
hab~l~ty ~nsurance policy Nothing here~n constitutes a waiver of any
r~ghts or remedies the C~ty may have to pursue under e~ther law or
equtty, ~ncludmg, without I~m~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 nghts and remedies are expressly reserved
B Consultant shall maintain and shall be caused to be ~n force at all t~mes
during the term of th~s Agreement, a legally b~nd~ng policy of commermal
Imb~l~ty ~nsurance, w~th a rating of at least A- w~th Best Rated Carrmrs
Such coverage shall cover any claim hereunder occasioned by the
Consultant's neghgent professional act and/or error or omiss~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
~nsurer, the Consultant hereby covenants to forthwith advtse the C~ty
thereof, and ~n such event, the consultant shall, prior to the effective
date of change or cancellation, serve substitute pohmes furnmh~ng the
same coverage The Consultant shall prowde a copy of such policy or
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the declarations page of the policy or a certificate of ~nsurance,
whichever ~s reasonably satisfactory, to the C~ty through ~ts C~ty Manager
s~multaneously with the execution of th~s Agreement
IX COMPLIANCE WITH LAWS
The consultant shall comply w~th all applicable laws
X GOVERNING LAW
Th~s agreement shall be governed by the laws of the State of Texas, venue and
jurisdiction of any su~t or cause of action arising under th~s agreement shall he
exclusively ~n a court of competent jurisd~ct~on s~tt~ng ~n Denton County, Texas
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In w~tness hereof, the C~ty of Denton, Texas, has caused th~s agreement to be
executed by ~ts duly authonzed City Manager and Consultant has executed th~s
through ,ts duly author,zed Pres,dent, dated th,s ~)U~da~ 1~8
agreement
FOR~~TTHy CITY OF DENT , TEXAS
I~lko J;z //' ~/
C~ty ManagEr
Attest
J~hlf'~r-~alters
Cl~y Secretary
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
Herbert L Prout'y, C~ty A~orney
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