2010-298ORDINANCE NO. 2010-298
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE TWO PROFESSIONAL SERVICE AGREEMENTS TO ASSIST THE
CITY OF DENTON IN ADVANCING ITS STATE LEGISLATIVE PROGRAM, ASSIST
COUNCIL AND STAFF IN ADDRESSING PROPOSED LEGISLATION, AND MAKE THE
CITY AWARE OF ANY LEGISLATIVE OR ADMINISTRATIVE INITIATIVES BELIEVED TO
BE DETRIMENTAL TO THE INTERESTS OF THE CITY; AUTHORIZING THE
EXPENDITURE OF FUNDS THERFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4576-
LEGISLATIVE CONSULTING SERVICES AWARDED TO FOCUSED ADVOCACY, LLC IN
AN AMOUNT NOT TO EXCEED $132,500 AND SOLUTIONS FOR LOCAL CONTROL, LLC
IN AN AMOUNT NOT TO EXCEED $45,000 FOR A TOTAL AWARD NOT TO EXCEED
$177,500 ANNUALLY).
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager is hereby authorized to enter into two professional service
agreements with Focused Advocacy, LLC and Solutions for Local Control, LLC, to provide
legislative consulting services to the City of Denton, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION III. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION IV. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 16~6h- day of 2010.
MARK A. BU RRGU)rjHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r-
BY:
e 4576
4-0 L
Agreement for Legislative Representation
This Agreement, made this ,~~day of , 2010, by and between the City of
Denton, a municipal corporation, hereinaft referred to as the "City," its electric utility, Denton
Municipal Electric (DME), hereinafter referred to as "DME," and Focused Advocacy, 832
Congress, Ste. 200, Austin, Texas, hereinafter referred to as "Consultant".
WITNES SETH
WHEREAS, The City of Denton (City), and its electric utility, Denton Municipal Electric
(DME), wish to enter into an agreement with Focused Advocacy (Consultant) for legislative
representation at the Texas State Government level to assist the City in advancing its State
Legislative Program, assist council and staff in addressing proposed legislation, make the City
aware of any legislative or administrative initiatives believed to be detrimental to the interests of
the City, augment the City's existing relationship with key legislators and policy administrators,
and maintain a high level of effective advocacy with the legislative and executive branches of the
state government.; and
WHEREAS, Consultant has professional staff experienced and qualified to provide and
perform the services desired by City as set forth hereinabove;
NOW, THEREFORE, and in consideration of the terms, covenants and conditions herein
contained, the parties hereto do mutually agree as follows.
ARTICLE 1
The City will contract with the Consultant for the service specified herein for the period
commencing October 1, 2010 and ending September 30, 2012. This contract shall have a term of
two (2) years commencing on October 1, 2010, and may be extended for not more than one (1)
additional two (2) year term upon the prior written agreement of the parties.
The City will not be responsible for any additional expenses incurred by the Consultant, with the
exception of travel costs requested and authorized by the City. These reimbursable costs are not
to exceed three thousand five hundred dollars ($3,500) annually, for a contract total of seven
thousand dollars ($7,000). Reimbursable costs include the following.
Costs incident to travel outside Austin 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.
2. Costs for the following items which exceed the allocation for such items in the
Agreement cost shall, when authorized by the City, be reimbursed to the
Consultant upon presentation of an invoice:
a) Printing and graphics.
S:1Legal\Our Documents\Contracts\10\Focused Advocacy Agreement (Nov 2010).doc
b) Supplies.
c) Rental of meeting facilities, catered meals and other meeting
expenses.
ARTICLE 2
The City and the Consultant shall have the right to terminate this Agreement upon 30 days'
written notice.
ARTICLE 3
The City will pay the Consultant ten thousand seven hundred and fifty dollars ($10,750) per
month, for a total of one hundred and twenty-nine thousand dollars ($129,000) annually, for a
contract total of two hundred and fifty eight thousand dollars ($258,000), for the specified
services. Payments will be sent monthly.
ARTICLE 4
1) The Consultant will operate a unit to act as an Austin Office for the City and furnish requisite
staff, office space, utilities, furnishings, equipment, secretarial services, common use office
supplies and services, and general administrative support.
2) The Consultant will provide advice, counsel, and intervention to the City with regards to the
City's relationship and interaction with the Texas State Legislature, including key Legislative
committees, the Governor's Office, and the key state administrative agencies, which the City
interface with.
3) The Consultant will track, monitor, and report on every individual bill that impacts the City,
either directly or indirectly. The consultant will employ a variety of techniques to monitor
and track bills, including sophisticated computer software, electronic notification systems
and visits with legislators and their staff. The Consultant will make the City ware of every
piece of legislation, every amendment and every proposal that affects the City.
4) The Consultant will provide advance notice to the City of every public hearing related to any
bill that impacts the City.
5) The Consultant will analyze and summarize any legislation that affects the City, including,
but not limited to, any revenue impacting legislation, water legislation, land use legislation,
or transportation legislation that affects municipal entities; and will produce written
memoranda and reports for the City, as appropriate.
6) The Consultant will assist the City in supporting the authorization of innovative funding
concepts, Public-Private Partnerships and other funding alternatives which can be
implemented by reauthorizing TxDOT to execute Public-Private Partnership agreements with
a private sector contractor to complete 1-3 5E, as designed, in 5-7 years.
Page 2of8
S:\Legal\Our Documents\Contracts\10\Focused Advocacy Agreement (Nov 2010).doc
7) The Consultant will provide legislative analysis on a weekly basis in the format choice of the
City: written reports, conference calls with City staff, in private meetings or any other
method that is agreeable to the City and Consultant.
8) The Consultant will directly intervene in the legislative and regulatory process on matters
that affect the City. Activities may involve communicating with members of the Legislature
and their staffs, conducting complex negotiations, identifying opportunities for the City to
testify on important matters, and develop collateral materials to support the City's positions.
9) The Consultant will also do the following as needed: draft legislation and amendments;
identify and secure the most effective House and Senate bill sponsors; identify funding
opportunities; represent the City during planning and negotiating sessions; prepare testimony
for City representatives to deliver before legislative committees; arrange meeting between
City representatives and selected legislators, and prepare briefings for these meetings;
research relevant state laws and administrative rules; advocate before the Governor,
Lieutenant Governor and Speaker of the House; advocate before relevant committee chairs in
both the Senate and the House; maintain relationships with key staff in both chambers; and
maintain strong relationships with key state regulatory agencies.
10) The Consultant will prepare back-up strategies and alternative legislative vehicles as needed
to accomplish the City's legislative goals.
11) The Consultant will immediately notify the City in writing when a conflict of interest occurs
between one of the Consultants other clients and the legislative goals and interests of the
City.
12) No Conflicts of Interest Assurance: In order to ensure the ability to fully represent the City's
interests, the Consultant will resolve any conflict of interest, with a private sector entity or
client, in favor of the City.
13) During the interim period when the Texas Legislature is not in session, the Consultant will
monitor interim committee studies, attend appropriate committee hearings and communicate
regularly with key legislators and staff on issues of interest to the City.
14) During the interim period when the Texas Legislature is not in session, the Consultant will
monitor interim activities closely, report back to the City and assist as needed to preempt the
development of ideas that are detrimental to the City's legislative goals.
15) During the interim period when the Texas Legislature is not in session, the Consultant will
monitor all major state administrative and regulatory agencies and advise the City of any
proposed administrative rules that may affect the City or its legislative goals.
16) During the interim period when the Texas Legislature is not in session, the Consultant will
assist the City in developing its State Legislative Program prior to the start of the next regular
session of the Texas Legislature.
Page 3 of 8
S:1Legal\Our Documents\Contracts1101Focused Advocacy Agreement (Nov 2010).doc
17) The Consultant shall work under the policy direction of the Denton City Council, and be
administratively responsive to the City Manager, City Attorney and staff coordinating
legislative/intergovernmental relations. The Public Information/Intergovernmental Relations
Officer shall be the designated administrator of this Agreement. Curtis Seidlits, Snapper Carr
and Brandon Aghamalian are deemed essential personnel for the Consultant as part of this
contract. If one or all of these individuals are no longer able to service this contract, the City,
at its discretion, may immediately terminate the remaining term of the contract by providing
written notice as set forth in Article 2 herein.
ARTICLE 5
In addition to the services provided to the City, the Consultant will also provide the same scope
of services outlined in Article 4 of this agreement for DME. It is understood and agreed that
DME requires an additional level of services and constitutes an expanded scope of services
beyond the representation of the City of Denton's regular legislative representation. As part of
the Consultant's representation of DME, the Consultant agrees to provide, but not limited to, the
following specific services:
1) Any legislation related to implementation of a new wholesale market design based on
locational marginal pricing theory (often referred to as LMP or a "nodal" design), which
could significantly increase the price to consumers of electricity in the DFW area over those
same costs in other areas of the state.
2) Any legislation related to efforts to extend, re-enact, or otherwise impose any university
discount, or to expand its applicability to other entities.
3) Any legislation related to providing any mandatory discount to any electric ratepayer or class
of ratepayers.
4) Any legislation that imposes limits on a municipal electric utility's ability to utilize its
facilities to support new technologies, such as delivery of broadband services over electric
distribution lines, etc.
5) Any legislation related to imposition of limits on a municipal utility's ability to charge for
such things as attachments to its poles by other utilities.
6) Any legislation to weaken the ability of municipal utilities to maintain the confidentiality of
issues; such as the terms of individual wholesale power purchase contracts.
7) Any legislation that imposes further deregulation of municipal electric utilities or any
legislation that requires that Municipally Owned Utilities (MOU) to opt-in to deregulation.
8) Any exemptions relating to sales tax from any energy device.
9) Any legislative relating to the regulation and governing bodies of independent organizations
that govern power regions.
10) Any legislation affecting Electric Reliability Council of Texas (ERGOT) representation.
Page 4of8
S:1LegahOur Documents\Contracts110\Focused Advocacy Agreement (Nov 2010).doc
11) Any legislation that require retail water and/or utility services to adopt an emergency
preparedness plan for use during a local power outage.
12) Any legislation relating to establishing a carbon dioxide "cap and trade" program vis-a-vis
the Regional Greenhouse Gas Initiative.
13) Any legislation regarding low interest energy efficiency improvement loans.
14) Any legislation relating to the goal of installing additional capacity for generating renewable
energy.
15) Any legislation relating to the use of advanced metering technology.
16) Any legislation relating to air quality, including the capture and storage of carbon dioxide.
17) Any legislation relating to immunity of the state and state agencies and employees of the
state and state agencies from suit by certain public entities.
18) Full representation of DME's interests during the Sunset Commission Reviews of the Texas
Public Utility Commission (PUC) and Electric Reliability Council of Texas (ERCOT).
19) Full representation of DME's interests during all legislative hearings and meetings, including
but not limited to, the Senate Business and Commerce, and State Affairs Committee study
charges related to municipally owned utilities.
20) Assist in educating all legislative, regulatory and policy leaders on electric utility issues of
importance to DME.
21) Work with all stakeholder groups and interests on electric utility matters to ensure that
DME's interests and positions are advanced.
22) Preparation of issue papers and reports for legislators and staff.
23) Communicating with the General Manager of DME, or the Executive Manager of DME
regarding strategy and issues.
24) Meeting with the Denton City Council and/or the Denton Public Utilities Board in Denton,
Texas, as requested, to provide advice, recommendations, and guidance regarding DME's
legislative plans, strategies, and other related issues.
ARTICLE 6
1) 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 or joint venture between the parties.
2) The City and Consultant agree to cooperate in the defense claims, actions, suits, or
proceedings of any kind brought by a third party which may result from or directly or
Page 5 of 8
S:1LegahOur Documents\Contracts1101Focused Advocacy Agreement (Nov 2010).doc
indirectly arise 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,
Consultants shall provide competent legal counsel to defend City and Consultant against such
claim, provided that Consultant shall have the right to proceed with the competent legal
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, costs of court, reasonable expenses, and satisfy
all judgments, 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 limitations, 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.
3) The Consultant shall maintain and shall be caused to be in force at all times during the terms
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 herby 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 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. Consultant's
insurance policies, through policy endorsement, shall include wording which states that the
policy shall be primary and non-contributory with respect to any insurance carried by the
City. The certificate of insurance must reflect that the above wording is included in
evidenced policies.
ARTICLE 7
This Agreement constitutes the complete and final expression of the agreement of the parties.
No oral statement of any person shall modify or otherwise change or affect the terms, conditions
or specifications stated in this agreement. All change orders to the Agreement will be made in
writing by the City and approved by the City Council.
ARTICLE 8
The Consultant covenants and agrees that its officers, employees, and agents will have no
interest, including personal financial interest, and will acquire no interest, either directly or
indirectly, which will conflict in any manner with the performance of the services called for
under this agreement. No officer or employee of the City shall have a financial interest, direct or
indirect, in any contract with the City, or be financially interested, directly or indirectly, in the
Page 6of8
S:1Legal\Our Documents\ContractsMTocused Advocacy Agreement (Nov 2010).doc
sale to the City of any land, materials, supplies or services, except on behalf of the City or in
compliance with the provisions of the City of Denton's Personnel Policies and Procedures
Manual. Any violation of this provision shall render this Agreement voidable at the discretion of
the City.
ARTICLE 9
The Consultant shall comply with all applicable local, state and federal laws, rules and
regulations.
ARTICLE 10
All notices, communications and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States
mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing
To City:
John Cabrales
Public Information Officer
215 E. McKinney
Denton, TX 76201
To Consultant:
Snapper Carr
Focused Advocacy
823 Congress, Ste 1200
Austin, TX 78701
To DME:
Mike Grim
Executive Manager
Denton Municipal Electric
1659 Spencer Road
Denton, TX 76205
ARTICLE 11
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.
ARTICLE 12
Consultant shall not assign or transfer any interest in this Agreement (whether by assignment,
transfer, novation or otherwise) without the prior written consent of the City.
Page 7of8
S:1Legal\Our Documents\Contracts\10\Focused Advocacy Agreement (Nov 2010).doc
IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be
executed by its duly authorized City Manager and Consul tan has exe uted this Agreement
through its duly authorized President, dated this / 0 day of , 2010.
CITY OF DENTON, TEXAS
GE RG C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
A
9"O~
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: 0,', L
FOCUSED ADVOCACY, LLC
SNAPPER CARR, FOCUSED ADVOCACY
823 CONGRESS, STE 1200
AUSTIN, TX 78701
Page 8 of 8
sAlegahour documentslcontracts1101fred hill contract 2010-12 (nov 2010).doc
Agreement for Legislative Representation
11 /2 Al h,4 j
This Agreement, made this "day of , 2010, by and between the City of
Denton, hereinafter referred to as the "Cit , and Solutions for Local Control, LLC, hereinafter
referred to as "Consultant".
WITNESSETH
WHEREAS, The City of Denton (City), wishes to enter into an agreement with Solutions
for Local Control, LLC (Consultant) for legislative representation at the Texas State Government
level to assist the City in advancing its State Legislative Program, assist council and staff in
addressing proposed legislation, make the City aware of any legislative or administrative
initiatives believed to be detrimental to the interests of the City, augment the City's existing
relationship with key legislators and policy administrators, and maintain a high level of effective
advocacy with the legislative and executive branches of the state government.; and
WHEREAS, Consultant has professional experience and is qualified to provide and
perform the services desired by City as set forth hereinabove;
NOW, THEREFORE, and in consideration of the terms, covenants and conditions herein
contained, the parties hereto do mutually agree as follows.
ARTICLE 1
The City will contract with the Consultant for the service specified herein for the period
commencing October 1, 2010 and ending September 30, 2012. This contract shall have a term of
two (2) years commencing on October 1, 2010, and may be extended for not more than one (1)
additional two (2) year term upon the prior written agreement of the parties.
The City will not be responsible for any additional expenses incurred by the Consultant, with the
exception of travel costs requested and authorized by the City. These reimbursable costs are not
to exceed three thousand dollars ($3,000) annually, for a contract total of six thousand dollars
($6,000). Reimbursable costs include the following.
Costs incident to travel 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.
2. Costs for the following items which exceed the allocation for such items in the
Agreement cost shall, when authorized by the City, be reimbursed to the
Consultant upon presentation of an invoice:
a) Printing and graphics.
b) Supplies.
c) Rental of meeting facilities, catered meals and other meeting
expenses.
sAlegahour documentslcontracts1101fred hill contract 2010-12 (nov 2010).doc
ARTICLE 2
The City and the Consultant shall have the right to terminate this Agreement upon 30 days'
written notice.
ARTICLE 3
The City will pay the Consultant three thousand five hundred ($3,500) per month, for a total of
forty-two thousand dollars ($42,000) annually, for a contract total of eighty-four thousand dollars
($84,000), for the specified services. Payments will be sent monthly.
ARTICLE 4
The parties agree that the Consultant shall perform the following services:
1. The Consultant will assist the City in developing political and legislative strategies to
achieve its goals.
2. The Consultant will analyze and summarize any legislation that affects the City,
including, but not limited to, any revenue impacting legislation, water legislation,
land use legislation, or transportation legislation that affects municipal entities; and
will produce written memoranda and reports for the City, as appropriate.
3. The Consultant will assist the City in supporting the authorization of innovative
funding concepts, Public-Private Partnerships and other funding alternatives which
can be implemented by reauthorizing TxDOT to execute Public-Private Partnership
agreements with a private sector contractor to complete I-35E, as designed, in 5-7
years.
5. 4. The Consultant will assist in communicating the position of the City to the
legislative and executive branches of Texas government, interested parties and the
public. The Consultant will represent the City during meetings, hearings and
negotiating sessions involving the executive or legislative branches of Texas
government regarding issues of importance to the City.
6. The Consultant will assist the City in working with elected officials and members
and staff persons of the Texas House of Representatives and Texas Senate in
passing or amending legislation favorable to the City or in defeating legislation
deemed harmful to the goals of the City.
7. The Consultant will monitor and represent the City during interim legislative
studies or interim committee meetings.
8. The Consultant will provide routine status reports to the City regarding the items
outlined above.
Page 2
s:Uegallour documentAcontracts1101fred hill contract 2010-12 (nov 2010). doe
ARTICLE 5
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 or joint venture between the parties.
The City and Consultant agree to cooperate in the defense claims, actions, suits, or proceedings
of any kind brought by a third party which may result from or directly or indirectly arise 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, Consultants shall provide
competent legal counsel to defend City and Consultant against such claim, provided that
Consultant shall have the right to proceed with the competent legal 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, costs of court, reasonable expenses, and satisfy all judgments,
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 limitations, 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.
The Consultant shall maintain and shall be caused to be in force at all times during the terms 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 herby 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 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. Consultant's insurance policies, through policy endorsement, shall include wording
which states that the policy shall be primary and non-contributory with respect to any insurance
carried by the City. The certificate of insurance must reflect that the above wording is included
in evidenced policies.
ARTICLE 6
This Agreement constitutes the complete and final expression of the agreement of the parties.
No oral statement of any person shall modify or otherwise change or affect the terms, conditions
or specifications stated in this agreement. All change orders to the Agreement will be made in
writing by the City and approved by the City Council.
Page 3
sAlegallour documents\contracts\10\fred hill contract 2010-12 (nov 2010).doc
ARTICLE 7
The Consultant covenants and agrees that its officers, employees, and agents will have no
interest, including personal financial interest, and will acquire no interest, either directly or
indirectly, which will conflict in any manner with the performance of the services called for
under this agreement. No officer or employee of the City shall have a financial interest, direct or
indirect, in any contract with the City, or be financially interested, directly or indirectly, in the
sale to the City of any land, materials, supplies or services, except on behalf of the City or in
compliance with the provisions of the City of Denton's Personnel Policies and Procedures
Manual. Any violation of this provision shall render this Agreement voidable at the discretion of
the City.
ARTICLE 8
The Consultant shall comply with all applicable local, state and federal laws, rules and
regulations.
ARTICLE 9
All notices, communications and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States
mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing
To City:
John Cabrales
Public Information Officer
215 E. McKinney
Denton, TX 76201
To Consultant:
Fred Hill
Solutions for Local Control, LLC
909 N Waterview Dr.
Richardson, TX 75080
ARTICLE 10
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.
ARTICLE 11
Consultant shall not assign or transfer any interest in this Agreement (whether by assignment,
transfer, novation or otherwise) without the prior written consent of the City.
IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be
executed by its duly authorized City Manager and Consultant has exe ted this Agreement
through its duly authorized President, dated this A& day of i , 2010.
Page 4
s:\Iegal\our documents\contracts\10\fred hill contract 2010-12 (nov 2010).doc
CITY OF DENTON, TEXAS
GEORGE . CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
CONSULTANT --~d.44
By:
F06 HILL O EHALF OF
SOLUTIONS FOR
LOCAL CONTROL, LLC
Page 5