2000-356S \Our Docurpents\Ordmances\00Xmccall contract ordinance doc
OROXNANCE NO 000- 433
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL
SERVICES AGREEMENT WITH BARBARA T MCCALL ASSOCIATES, 1NC 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 C~ty of Denton w~shes to employ Barbara T McCall Assomates, Inc to
provide personal services w~th regard to leglslatmn which ~s of interest to the C~ty, and
WHEREAS, the C~ty of Denton wall be pammpatmg w~th a number of other reties that
have entered into s~mfiar Personal Setvmes Agreements w~th Barbara T McCall Assocmtes, Inc,
and
WHEREAS, due to the concurrent partmlpat~on of other Texas reties and that Barbara T
McCall has umque quahficatmns and experience that no other person can offer the C~ty dunng
thru period of t~me as a Personal Servmes Contract, th~s Contract ~s exempt from compet~ttve
b~ddmg la accordance w~th Tex Loc Gov't Code §252 002(a)(4), and
WHEREAS, the C~ty Cotmcfl deems ~t ~n the pubhc ~nterest to authorize the C~ty
Manager to enter mto a Personal Servmes Contract w~th Barbara T McCall Assomates, Inc for
the above.mentmned legislative servmes, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager is hereby authorized to enter into a Personal
Servmes Agreement w~th Barbara T McCall Assocmtes, Inc, substantially m the form of the
attached Agreement, which ~s made a part of th~s ordinance for all purposes, to prowde
~nformatmn about leg~slatmn and other related personal services to the C~ty
SECTION 2 That the C~ty Manager m hereby authorized to make the expen&tures as
outhned m the attached Agreement
SECTION 3 That th~s ordinance shall become effective ~mmed~ately upon ~ts passage
and approval
PASSED AND PPROVED this the day of 2ooo
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
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~$ need ~s partmularly pressing m relation to
1 Information about legislative and executive action on ~ssues of
common interest,
2 tran.~m~ttmg C~ty pos~t~ons on these msues to the Congressional
delegatmn and to the Adm~mstrat~on, and
3 obta~mng ~nd~wdual C~ty serwce to pursue defined projects or
~nd~v~dual legmlat~ve pr~or~bes, and
WHEREAS, Barbara McCall, due to the concurrent partm~pat~on of other
Texas c~t~es has unique quahfmat~ons and expermnce that no other person can
offer the c~ty during thru period of t~me, and
WHEREAS, Barbara T McCall m known to the C~t~es and ~s capable of and
wdhng to undertake such representatmn in Washington as a personal serwces
contract exempt from competitive b~dd~ng m accordance w~th Section 252 022 (a)
of the Texas Local Government Code,
NOW, THEREFORE, the C~ty of Denton, m association w~th and recogmz~ng
the concurrent partmlpat~on of the C~t~es of Austin, Dallas, Lubbock, and Piano
(collectively, the "C~t~es"), enters into th~s personal serwces agreement w~th
Barbara T McCall Assocmtes, Inc ("Consultant")
OBLIGATIONS OF THE CONSULTANT
A The Consultant w~ll operate a umt 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 furnish requisite staff, office space,
ut~ht~es, furmsh~ngs, and equipment, secretarial 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 ~nterest to the C~t~es and to determine
policies and pos~t~ons which the C~t~es as a group hold and w~sh to be
pursued In cases in which the C~ty pos~t~ons d~ffer from or confhct
w~th 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 will provide regular ~nformat~on on Washington
~ssues and events of ~nterest to the C~t~es Th~s 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 t~mes 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 ~n the House of
Representatives
E Administrative Relatmns
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
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as may be necessary to the performance of Washington serwce to the
C~ty
F Ind~wdual C~ty Serwces
1 The Consultant w~ll ~n~t~ate and pursue research, reports,
meetings, consultation and other actlwtms on matters of
interest to the C~ty and w~ll respond to requests for s~mdar
actions from the C~ty She wdl ~nform the Adm~mstrat~on and
Congress of the needs of the C~ty Such serwces and act~wtms
wdl be prowded at a cost of $1 O0 O0 per hour
2 Should bdlable costs for the contract period appear to exceed
the costs specified ~n Sections II, B or C The consultant wdl
not~fy the C~ty, together w~th her estimates of the extra
amounts expected to be required, the reasons therefore, and her
recommendatmn to the C~ty
II OBLIGATIONS OF THE CITY
A, The C~ty wdl contract w~th the Consultant for spemfled serwces for a
penod of one year, commencing October 1, 2000 and ending
September 30, 2001
B Serwce Costs
1 The service cost of thru Contract ~s composed of three
elements
a) A retainer of s~xteen thousand dollars ($16,000 00) per
the one year period
b) Th~rty-s~x assured-usage hours of serwce at one hundred
dollars ($100 00) per hour, totaling three thousand four
hundred twenty dollars ($3,600 00)
c) Optional use hours of serwce at the rate of one hundred
dollars ($100 00) per hour, not to exceed $10,000
C' Reimbursable Costs--Not to Exceed five thousand dollars ($5,000 00)
1 Costs ~nc~dent to travel outside Washington, D C for
long-distance telephone calls and for expedited commumcatlon
serwces shall be reimbursed to the Consultant upon submission
of its invo~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 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) Printing and graphics
c) Supphes
d) Provision of local ground transportation m 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 its 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 ($19,600) are payable, quarterly, In
advance in these amounts
October 1, 2000 94,900 O0
January 1, 2001 94,900 00
April 1, 2001 94,900 00
July 1, 2001 94,900 O0
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2 The optional hourly costs above the first e~ghteen hours of
serwce are payable upon b~lhng 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 Commtttee of the C~tms
associated ~n th~s 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 is to pursue on behalf of the C~t~es
b) to d~scuss apparent confhcts or d~fferences on ~ssues or
projects which may arise 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 fulhlhng 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 C~ty wdl ~nform the Consultant of the person(s) authorized
to request serwces and to serve as the chief contact
2 The C~ty will supply the Consultant w~th a summary of the
federal programs ~n whmh the C~ty ~s partm~patmg and other
mformatmn necessary to an understanding of the C~ty's
purposes ~n relation to the federal government
I1~ THE CITY AND THE CONSULTANT AGREE THAT CERTAIN EXCLUSIONS
SHALL APPLY
The Consultant w~ll not
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A D~rectly or ~ndlrectly part~mpate ~n or ~ntervene ~n any poht~cal
campaign on behalf of or m opposition to any candidate for
public office
B Wdl not represent the interests of local
constituents m pursuit of federal bus~ness
C By v~rtue of th~s agreement, represent other local
agencies ~n the C~ty except those which are ~nstrumentaht~es or
agencies of the City
D Perform any legal, engineering, accounting, or
other s~mdar professional serwces
E Expend more than two thousand five hundred
dollars (t~2,500 00) provided by th~s contract ~n efforts to
~nfluence HUD d~rectly, as spemfled ~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~vmg the
other at least thirty days' written notme
B This agreement shall take affect on October 1, 2000
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 sk~ll and care presently maintained
by other practicing professionals performing the same or s~mdar types
of work For the purpose of th~s Agreement, the key person who wdl
~ 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 serwces
required hereto 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
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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 bus~ness 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 final 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
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 superws~on and control of the C~ty Nothing
hereto 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 k~nd brought by a third party which may result from or d~rectly or
~nd~rectly 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 ht~gat~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, provided the Consultant shall have the
right 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
commercial habd~ty pohcy The Consultant agrees to pay all expenses,
including, 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 insurance pohcy Nothing here~n constitutes a
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waiver of any r~ghts or remedies the C~ty may 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 neghgent errors or omissions, or breach of contract, and
all such rights and remedms 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 pohcy of
commercial habd~ty insurance, w~th 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 omission, m an amount not less than $500,000 combined s~ngle
hm~t coverage occurrence In the event of change or cancellation of
the pohcy by the insurer, the Consultant hereby covenants to
forthwith advise the C~ty thereof, and ~n such event, the consultant
shall, prior to the effective date of change or cancellation, serve
substitute polm~es furmsh~ng the same coverage The Consultant shall
prowde a copy of such pohcy or the declarations page of the pohcy or
a certificate of ~nsurance, whichever is reasonably satisfactory, to the
C~ty through ~ts C~ty Manager s~multaneously w~th the execution of
th~s Agreement
IX COMPLIANCE WITH LAWS
The consultant shall comply w~th all apphcable laws
X GOVERNING LAW
Th~s agreement shall be governed by the laws of the State of Texas, venue
and jurisdiction of anv su~t or cause of action arising under thru agreement
shall he exclusively in a court of competent jurisdiction s~tt~ng ~n Denton
County, Texas
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In W~tness h~reof, the C~ty of Denton, Texas, has caused th~s agreement to be
executed by Its duly a ~thortzed C~ty Manager and Consult~r~t has executed th~s
agreement through its duly authorized President, dated thrs __~day of 2000
FOR THE CITY OF DENTON, TEX/A-S
M~c-hael W ~ez ~f '
C~ty Manager
Attest
lt
nnl~er J~alter$
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
Herbert L Proud, C~ty Attorney
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