2001-321S \Our Documents\Ordinances\01 kMcCall Contract Ordinance doc
O INANCENO 001-3 /
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 servmes with regard to legislation which ~s of interest to the C~ty, and
WHEREAS, the City of Denton will be part~mpat~ng w~th a number of other reties that
have entered into similar Personal Services Agreements with Barbara T McCall Associates, Inc,
and
WHEREAS, due to the concurrent partmlpat~on of other Texas reties and that Barbara T
McCall has unique qualifications and experience that no other person can offer the City during
th~s period of time as a Personal Services Contract, th~s Contract is exempt from competmve
b~dd~ng ~n accordance with Tex Loc Gov't Code §252 002(a)(4), and
WHEREAS, the City Council deems ~t ~n the pubhc interest to authorize the C~ty
Manager to enter into a Personal Services Contract w~th Barbara T McCall Associates, Inc for
the above-mentioned legislative sermees, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to enter into a Personal
Servmes Agreement w~th Barbara T McCall Assocmtes, Inc, substantially in the form of the
attached Agreement, which ~s made a part of this ordinance for all purposes, to prowde
information about legislation and other related personal services to the City
SECTION 2 That the C~ty Manager ~s hereby authorized to make the expenditures as
outhned in the attached Agreement
SECTION 3 That this ordinance shall become effective ~mmediately upon ~ts passage
and approval
PASSED AND APPROVED thls the ¢¢ dayof~~(~.2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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 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 relabon to
1 ~nformat~on about legislative and executive action on ~ssues of common
~nterest,
2 transmitting C~ty positions on these ~ssues to the Congressional delegation
and to the Administration, and
3 obta~mng ~nd~v~dual C~ty service to pursue defined projects or ~nd~wdual
legislative 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~$ period of t~me, and
WHEREAS, Barbara T McCall ~s known to the C~t~es and ~s capable of and
w~lhng to undertake such representation ~n Washington as a personal services contract
exempt from competitive bidding ~n accordance w~th Section 252 022 (a) of the Texas
Local Government Code,
NQW, THEREFORE, the C~ty of Denton, ~n association w~th and recognizing the
concurrent participation of the C~t~es of Austin, Dallas, Lubbock, and Piano (collectively,
the "C~t~e~s"), enters ~nto th~s personal services agreement w~th Barbara T McCall
Associates, Inc ("Consultant")
I 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 umt and as Washington Assistant to the C~t~es The
Consultant w~ll furmsh requisite staff, office space, ubht~es, furmsh~ngs,
and equipment, secretanal services, 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 ~ssues of specific interest to the C~t~es and to determine pohc~es
and pos~bons 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 confhct w~th the C~t~es'
group pos~bon, the Consultant w~ll consult w~th the C~ty and the Committee
to determine the proper course of acbon
C Information
1 The Consultant w~ll prowde regular ~nformat~on on Washington
~ssues and events of interest to the C~t~es Th~s w~ll be done by
a) a regular '~Nashmgton Report,"
b) wntten reports, bullebns, and memoranda on developments
ragard~ng Texas-specific issues, and
c) d~rect phone contact
2 The Consultant w~ll present federal affairs bneflngs for
the Cities at times and places specified by the Committee
D Congressional Relations
The Consultant w~ll estabhsh and maintain on a regular basis contact w~th
the Texas Senators and the C~bes' delegation ~n the House of
Representatives
E Adm~mstrat~ve Relations
The Consultant will advise 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, Interior, Jusbce, DOE, and
such other agencies, departments and commissions as may be necessary
to the performance of Washington service to the C~ty
F Individual C~ty Services
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I The Consultant w~ll ~mt~ate and pursue research, reports,
meetings, consultation and other act~wtms on matters of
interest to the City and wdl respond to requests for s~mdar
actions from the C~ty She will reform the Admmmtratmn and
Congress of the needs of the C~ty Such serwces and
act~wtms wdl be prowded at a cost of $100 00 per hour
2 Should bdlable costs for the contract per~od appear to exceed
the costs specified m Sections II, B or C The consultant
not~fy the C~ty, 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 will contract with the Consultant for speclhed serwces for a
per~od of one year, commencing October 1, 2001 and ending
September 30, 2002
B Serwce Costs
1 The service cost of this Contract ~s composed of three
elements
a) A retainer of s~xteen thousand dollars ($16,000 00) per
the one year per~od
b) Thlrty-s~x assured-usage hours of serwce at one
hundred dollars ($10000) per hour, totaling three
thousand six hundred dollars ($3,600 00)
c) Optional use hours of service at the rate of one hundred
dollars ($100 00) per hour, not to exceed ten thousand
dollars ($10,000 00)
C Reimbursable Costs-Not to Exceed five thousand dollars ($5,000 00)
I Costs incident to travel outside Washington, D C for
Iong-dmtance telephone calls and for expedited commumcat~on
serwces shall be reimbursed to the Consultant upon
submission of ~ts mvome 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 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 in the basra contract cost shall, when authorized by
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the C~ty and the Committee, be reimbursed to the Consultant
upon presentation of an invoice
a) Subscnpt~on and dues
b) Pnnt~ng and graphics
c) Supphes
d) Prowslon of local ground transportation ~n Washington
e) Rental of meeting facd~t~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 (nineteen thousand
four hundred twenty dollars (919,600) are payable, quarterly,
In advance In these amounts
October 1, 2001 94,900 O0
January 1, 2002 94,900 O0
April 1, 2002 94,900 O0
July 1, 2002 94,900 O0
2 The optional hourly costs above the first th~rty-s~x 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 City will appoint a member to a Committee of the C~tms
associated m thru effort The Committee wdl appoint ~ts own
chairperson and determine the t~mes and places of ~ts
meetings The functions of the Committee are
a) to determine common pos~t~ons on federal msues which
the Consultant ~s to pursue on behalf of the C~tms
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b) to d~scuss apparent conflicts or differences on ~ssues or
projects whmh may anse among the C~t~es and to resolve
them ~n terms of a course of acbon for the Consultant
c) to monitor the function and operation of the Washington
office to determine ~f ~t ~s fulfllhng the goals and objecbves 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 C~ty 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 w~th a summary of the federal
programs ~n which the C~ty ~s participating and other information
necessary to an understanding of the C~ty's purposes in relabon 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 pohbcal
campaign on behalf of or ~n oppos~bon to any candidate for pubhc
office
B W~II not represent the ~nterests of local constituents ~n
pursuit of federal bus~ness
C By virtue of th~s 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, englneenng, accounting, or other
s~m~lar professional services
E Expend more than two thousand five hundred dollars
($2,500 00) provided by th~s contract ~n efforts to influence HUD
d~rectly, as specified ~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
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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, 2001
V PROFESSIONAL COMPETENCY
A The Consultant agrees that ~n the performance of these personal services,
Consultant shall be responsible to the level of competency and shall use
the same degree of sk~ll and care presently maintained by other practicing
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 hereto
shall I~m~t Consultant from using other qualified and competent members
of her firm to perform the serv;ces 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 compensabon to Consultant
VI ESTABLISHMENT AND MAINTENANCE OF RECORDS
Full and accurate records shall be maintained by the Consultant at ~ts place of
bus;ness w~th respect to all matters covered by th~s Agreement Such records
shall be maintained for a penod of at least three years after receipt of final
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
records w~th respect to all matters covered by this Agreement The Consultant
shall permit the C;ty to aud;t, 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 this Agreement
VIII INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP
A The Consultant shall perform all services as an ~ndependent contractor not
under the d~rect supervision and control of the C~ty Nothing here~n shall
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be construed as creating a relationship of employer and employee
between the part~es The City 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 obhgabons under th~s Agreement In
the event of any ht~gat~on or claim under this Agreement ~n whmh the C~ty
~s io~ned 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 w~th the competent counsel of its own choosing
The Consultant agrees to defend, indemnify, and hold harmless the City
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
hm~ted to attorney's fees, and satisfy all judgements which may be
~ncurred or rendered against the Consultant's commercial hab~hty
~nsurance pohcy Nothing herein constitutes a waiver of any rights or
remedies the C~ty may have to pursue under e~ther law or equity,
including, w~thout hmltat~on, 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 th~s Agreement, a legally binding policy of commercial
hab~hty ~nsurance, w~th a rating of at least A- with Best Rated Carriers
Such coverage shall cover any claim hereunder occasioned by the
Consultant's neghgent professional act and/or error or omission, ~n an
amount not less than $500,000 combined s~ngle hm~t coverage
occurrence In the event of change or cancellation of the pohcy by the
~nsurer, the Consultant hereby covenants to forthwith advise the C~ty
thereof, and in such event, the consultant shall, prior to the effective date
of change or cancellation, serve substitute pohc~es furmsh~ng the same
coverage The Consultant shall provide a copy of such pohcy or the
declarations page of the policy or a certificate of ~nsurance, whichever ~s
reasonably satisfactory, to the C~ty through its C~ty Manager
s~multaneously w~th 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
jurisdiction of any su~t or cause of acbon ans~ng under th~s agreement shall he
exclusively ~n a court of competent jurisdiction s~tt~ng ~n Denton County, Texas
In w~tness hereof, the C~ty of Denton, Texas, has caused th~s agreement to be executed
by ~ts duly authorized C~ty Manager and Con2~,~.l.t~_t t_as executed th~s agreement
through ~ts duly authorized President, dated th~s'~l~ of 2001
FOR THE CITY OF DENTON, TEXAS
Attest
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
Dorothy Paluml~, C~ty Attorney
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