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HomeMy WebLinkAboutResolution - 5415 - Contract - Commonwealth Consulting Corporation - Consulting, Etc. - 01_23_1997RESOLUTION NO. 5415 Item #46 January 23, 1997 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Contract and all related documents by and between the City of Lubbock and Commonwealth Consulting Corporation, to provide consulting, counseling and legislative services for the City of Lubbock from January 23, 1997, to December 31, 1997, subject to an additional option period of January 1, 1998, through December 31, 1999, and if said option is exercised, the contract may continue for successive (2) two year periods. A copy of said contact is attached hereto and incorporated as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23xd day of January , 1997. APPROVED AS TO CONTENT: §uJ)6JM-6-i Debra Forte', Assistant City Manager APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney, Office Practice Section AWCOMWEAXES ccdocs/, 1997 RESOLUTION NO. 5415 Item #45 January 23, 1997 PROFESSIONAL SERVICES CONTRACT This Independent Consultant Agreement (this "Agreement") is made by and between the City of Lubbock ("City"), a Texas municipal corporation, and Commonwealth Consulting Corporation (the "Consultant"). WHEREAS, City is desirous of engaging the Consultant as an independent contractor for legislative consulting services fro City, and the Consultant is desirous of performing such services as an independent contractor for City, according to the terms, conditions, and provisions set out in this Agreement, NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by the parties as follows: I. OBLIGATIONS OF CONSULTANT Consultant shall represent the City concerning legislative and administrative matters before members of the United States Congress and officials of federal administrative agencies and boards, and shall apprise the City, in form satisfactory to the City, of any and all legislation, pending and passed, of potential interest and/or that may affect the City or any of its operations. Consultant shall perform the aforesaid duties during regular and special sessions of the United States Congress, and all other times during the term of this contract. Said duties and obligations of the Consultant shall include, but are not limited to the following: A. Consultant will represent the City of Lubbock during the 104th Congressional Session, and advocate on its behalf in the following program areas: 1. Assist in the formulation and adoption by City Council of the City's legislative program for the 104th Congressional Session; 2. Assist in the introduction and passage of such legislative initiatives; 3. Inform members of the Congress, including but not limited to the Texas Delegation, of proposed or pending legislation which may affect the City's interests; Commonwealth Consulting Corporation Professional Services Contract - Page 1 4. Prepare testimony and assist with the scheduling of witnesses before congressional committees; 5. Assist in coordinating all City's legislative programs with the Texas Municipal League and other groups and cities; 6. Perform such other services and convey information to the City Manager's Office and when requested, to the City Council to make informed decisions relative to legislative matters. B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the parties on all organizational planning and activities which have a bearing on the aforementioned program area. Consultant and the City Manager shall agree on priorities within the designated program areas. Consultant will be available for a series of meetings with the City to assist in establishing these priorities. C. Consultant will review for the agreed upon priorities, executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other developments for the purpose of advising the City of those items which may have a bearing on the priorities within the program areas. D. The Consultant will advise and consult on behalf of the City with the Executive and Legislative branches of federal government and with any federal agencies, departments and commissions as may be necessary to the performance of its obligations hereunder. However, Consultant will not be required to act as legal counsel or otherwise represent the City in any administrative or legal proceeding except as agreed upon in a separate contract. E. Consultant will secure and furnish such detailed information as may be. available on a timely basis relating to the program areas and share such information with the City Manager and/or his designee. Consultant will meet or confer with City staff at a minimum on a weekly basis for Commonwealth Consulting Corporation Professional Services Contract - Page 2 progress reports and assignments. Consultant will meet with City staff more frequently as the need arises as determined by the City staff. F. Consultant will maintain contact with the West Texas delegation and will assist the delegation in connection with any of the priorities in the designated program areas to the extent that the City determines such assistance to be in its best interest. G. Consultant will counsel with the City Manager or his designee regarding appearances by members of the City Council or City personnel before congressional committees and administrative agencies and will arrange for appointments as necessary. H. In fulfilling its responsibilities under this Agreement, Consultant will act in the name of the City of Lubbock, Texas, under the supervision of the City Manager or his designee. Notwithstanding, nothing herein shall be construed as creating a partnership or joint enterprise between the City and the Consultant, and the doctrine of respondent superior shall have no application hereunder. I. Notwithstanding anything herein to the contrary, Consultant shall take no action (a) contrary to state or federal law and or regulation; and/or (b) which may jeopardize, or lead to the forfeiture of any federal or state monies received by the City. Further, Consultant shall file, with the proper authorities, any necessary registration or disclosures required to perform the contract. II. OBLIGATIONS OF CITY A. City will advise the Consultant of the name or names of persons other than the City Manager authorized to request services and the person or persons to be kept advised by the Consultant. B. City will meet periodically with the Consultant to agree upon priorities within the designated program areas. City will supply the Consultant with a summary of all pertinent programs in which the city is participating and advise the Consultant of any new applications filed, together with the pertinent details as to the substance of such applications. Commonwealth Consulting Corporation Professional Services Contract - Page 3 -! % l C. To the extent deemed relevant by the City, the City will supply the consultant with copies of regular reports of the City Manager and departments, Council agendas and proceedings, pertinent newspaper clippings and other materials which will assist the Consultant in keeping current on City policies and programs. III. EXCLUSIONS City and Consultant agree that the following exclusions shall apply to this agreement: A. Consultant will not represent other local governments in federal initiatives in matters which involve competition with the City, without the prior written consent of the City Manager. B. Consultant will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for Mayor or City Council. The primary term of this Agreement shall be one year beginning January 23 , 1997, and ending on January 22, 1998. Subject to the mutual consent of the parties, this contract may continue for one (1) additional option period of January 23, 1998 to January 22, 1999. City shall notify Consultant of its intent to extend the contract sixty (60) days prior to the expiration of the primary term. In the event said option is exercised, this contract may continue upon the mutual written consent of the parties and under like terms and conditions of the first period for two successive periods. City shall acquire City Council approval to extend the contract beyond January 22, 2001. Commonwealth Consulting Corporation Professional Services Contract - Page 4 V. COMPENSATION It is anticipated that the level of effort necessary to perform this Agreement will increase significantly at some point, and a two -tiered fee structure will apply. Progression from Tier 1 to Tier 2 will occur only upon mutual written agreement between City and Consultant: A. Tier 1 - Early efforts of the Consultant on behalf of City will require only monitoring and liaison with the Executive and Legislative branches of the federal government. In return for the performance of Tier 1 services, City agrees to compensate Commonwealth Consulting Corporation $3000.00 per month payable monthly in advance. B. Tier 2 - Subsequently, however, it may be that a more vigorous and sustained effort may be necessary similar to the base closure effort. Should City elect to progress to a Tier 2 level of performance, City agrees to compensate Commonwealth Consulting Corporation $8000.00 per month payable monthly in advance. VI. TERMINATION Either party may terminate this Agreement at any time by giving the other at least sixty (60) days notice in writing of such termination. Consultant shall be entitled to all fees incurred prior to the date of termination. Should the Consultant, leave his current firm association, this contract is hereby terminated. The City maintains the option to renegotiate with the Consultant or anyone else regarding the remainder of the contract. VII. MISCELLANEOUS A. Christopher M. Lehman will be the principal assigned to City's account for Consultant. Commonwealth Consulting Corporation Professional Services Contract - Page 5 B. Any changes in the principal person assigned by Consultant to carry out the obligations under this contract as of the effective date of this agreement must be approved in writing by the City Manager. EXECUTED IN DUPLICATE ORIGINALS THIS 23rd DAY OF January , 1997. CITY OF LUBBOCK COMMONWEALTH CONSULTING CORPORATION BY: B Alex ` " Cooke, C ' opher ' Lehman, P&D Mayor o Tempore President A ST* Kaythi6barnell, City Secretary APPROVED AS TOCONTENT: i Debra Forte', Assistant City Manager APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney, Office Practice Section Commonwealth Consulting Corporation Professional Services Contract - Page 6 1925 North Lynn Street Commonwealth Suite 600 Arlington, VA Consulting 22209 Corporation Mr. Ron Lewis Assistant to City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 June 6, 1997 Dear Ron, Telephone: (703) 624-0026 Facsimile: (703) 624-1005 Thank you for sending the contract amendment. I'm sorry it has taken me so long to return a signed copy. All the Best! Sincerely, Christopher M. Lehrman AMENDMENT TO PROFESSIONAL SERVICES CONTRACT This agreement is made by and between the City of Lubbock ("City"), a Texas Municipal Corporation, and Commonwealth Consulting Corporation (the "Consultant") to amend the Professional Services Contract ( the "Agreement") between the parties dated January 23, 1997. WHEREAS, City engaged Consultant as an independent contractor for legislative consulting services for City in a Professional Services Contract dated January 23, 1997, pursuant to City of Lubbock Resolution No. 5415 which authorized the Mayor to sign said agreement and all related documents; and WHEREAS, City desires to reimburse Consultant for certain expenses incurred in the performance of the Agreement and a clause authorizing payment of reimbursable costs was inadvertently omitted from the Agreement; NOW, THEREFORE, it is agreed by the parties as follows: 1. Section II, page 2 of the Agreement, entitled "OBLIGATIONS OF CITY" is hereby amended to add paragraph D to read as follows: "D. Reimbursable Costs -- Not to Exceed $5,000.00 1. Costs incident to travel outside Washington, D.C. for long-distance telephone calls, and for expedited communication services shall be reimbursed to the Consultant upon submission of its invoice to the City. It is understood that travel is to be preauthorized by the City. 2. Costs for the following items which exceed the allocation for such items in the basic contract cost shall, when authorized by the City, be reimbursed to Consultant upon presentation of an invoice: a) Subscription and dues b) Printing and graphics c) Supplies d) Local ground transportation in Washington e) Rental of meeting facilities and other meeting expenses." 2. Except as specific herein, the Agreement shall remain as stated. In the event of a conflict between the terms and conditions of the Agreement and this Amendment, the Amendment shall control EXECUTED in duplicate originals this /© day of IIIA" , 1997 CITY OF LUBBOCK COMMONWEALTH CONSULTING • ORP TIO B By sick.. Windy Sittayor 'stoph r M. Lehman, Ph.D. President ATTEST: Kaytt Darnell, City Secretary APPROVED AS TO CONTENT: �2& cg�; Bob Cass, City Manager APPROVED AS TO FORM: Linda Chamales, Supervising Attorney, Office Practice Section