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HomeMy WebLinkAboutResolution - 2001-R0540 - Hilgers & Watkins P.C. And Denton, Navarro, & Bernal P.C. Legislative Consulting - 12/13/2001Resolution No. 2001-RO540 December 13, 2001 Item No. 51 RESOLUTION 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 Contract between the City of Lubbock and Hilgers & Watkins, P.C., and Denton, Navarro & Bernal, P.C. for legislative consulting services for the City of Lubbock, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of December , 2001. f ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: Director of Communication and Legislation APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Dh/Cedocs/Hilgers& W atkins,P.C.andDenton,Navarro,&Bemal,P.C.res December 4, 2001 l Resolution No. 2001-RO540 PROFESSIONAL SERVICES CONTRACT This Independent Consultant Agreement (this "Agreement"), is made by and between the City of Lubbock ("City"), a Texas municipal corporation, and Hilgers & Watkins, P.C., and Denton, Navarro & Bernal, P.C. (collectively, the "Consultant"). WHEREAS, City is desirous of engaging the Consultant as an independent contractor for legislative consulting services for 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 A. Consultant shall represent the City concerning legislative matters before members of the Texas legislature, and shall apprise the City, in form satisfactory to the City, of any and all legislation, pending and passed, of potential interest that may affect the City or any of its operations. Consultant shall perform the aforesaid duties during the term of this contract. Said duties and obligations of the Consultant shall include the following, to -wit: 1. Consultant shall represent the City of Lubbock during the 78th / 79th Legislative Session(s), and advocate on its behalf in the following program areas: (a) Assist in the formulation and adoption by City Council of the City's Legislative Program for the 78th / 79th State Legislative Session(s); (b) Assist in the introduction and passage of such legislative initiatives; (c) Inform members of the Legislature, including but not limited to the Lubbock County Delegation, of proposed or pending legislation which may affect the City's interest; (d) Prepare testimony and assist with the scheduling of witnesses before legislative committees; (e) Assist in coordinating all City's legislative programs with the Texas Municipal League and other groups and cities; (f) Perform such other services and convey information to the City Manager's Office and when requested, to City Council, in a timely manner so as to allow City Council to make informed decisions relative to legislative matters. 2. Consultant shall 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 areas. 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. 3. Consultant shall review, for the agreed upon priorities, state executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other state developments for the purpose of advising the City of those items which may have a bearing on the priorities within the program areas. 4. The Consultant shall advise and consult on behalf of the City with the Executive and Legislative branches of the Texas State government and with any State 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. 5. Consultant shall 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 shall meet or confer with City staff at a minimum on a weekly basis for progress reports and assignments. Consultant shall meet with City staff more frequently as the need arises as determined by the City staff. 6. Consultant shall maintain contact with the Lubbock County 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. 7. Consultant shall advise the City Manager or his designee regarding appearances by members of the City Council or City personnel before legislative committees and administrative agencies and will arrange for appointments as necessary. 8. 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. 9. Notwithstanding anything herein to the contrary, Consultant shall take no action (i) contrary to state or federal law and/or regulation; and/or (ii) 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 registrations or disclosures required to perform the contract. II. INTERIM LEGISLATIVE SESSION (2002) Consultants agree to: A. Participate with policy development of Interim Committee reports on the City's top priorities. B. Attend those interim committee meetings that affect the City's legislative program or priorities, as directed. C. Identify and participate in opportunities to have Lubbock host meetings of Interim Committees. D. Identify opportunities for Lubbock officials to participate in public hearings by providing testimony before interim committees. E. Communicate with the Lubbock County Delegation and other members of interim committees regarding the City's interim priorities through legislative contact, both oral and written. III. OBLIGATIONS OF CITY A. City will advise the Consultant of the name or names of persons other than the City Manager authorized to request consultant services and the person or persons to be kept advised by the Consultant. B. City shall meet periodically with the Consultant to agree upon priorities within the designated program areas. City shall 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. 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. IV. CITY AND CONSULTANT CONCUR THAT THE FOLLOWING EXCLUSIONS SHALL APPLY TO THIS AGREEMENT: A. Consultant shall not represent other local governments in state initiatives in matters which involve competition with the City, without the prior consent of the City Manager or his designee. B. Consultant shall 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. V. TERM The primary term of this contract shall commence January 1, 2002 and continues through December 31, 2003. The City is hereby granted the option to extend the term of this Contract for one additional two (2) year period (Jan. 1St, 2004 to Dec. 31St, 2005) under and upon the same terms, provisions and covenants of this Contract and upon the consideration provided for in this contract. The option to extend the Contract may be exercised by written notice of the City's election to exercise the option, delivered to the Consultant in person, by telephonic facsimile or mail, on or before sixty (60) days prior to the expiration of the primary term. Such notice shall be deemed to have been given, whether actually received or not, on the day it is personally delivered or provided by telephonic facsimile, or, if mailed, on the third day after it is mailed to the Consultant, at the address provided by the Consultant to the City. VI. COMPENSATION The fee to be paid Consultant for the period of time from January 1, 2002 thru December 31, 2003, shall be $52,500 plus $1,000 for expenses for Randy C. Cain and Susan C. Rocha apiece for each year of the term. The fee to be paid Consultants for the period of January 1, 2004 to December 31, 2005 shall be $55,000 plus $1,000 expenses for Randy C. Cain and Susan C. Rocha apiece for each year of the term. Consultants shall be paid one quarter of their annual fee on the last day of each calendar quarter. VII. TERMINATION Either party may terminate this Agreement at any time by giving the other at lease sixty (60) days notice in writing of such termination. Consultant shall be entitled to all fees earned and incurred prior to the date of termination. Should the Consultant, or either of them, leave her/his current firm association, this Contract shall follow the principal to his/her new firm association. The City maintains the option to renegotiate with the Consultant or anyone else regarding the remainder of the Contract. VIII. MISCELLANEOUS A. Randy C. Cain and Susan C. Rocha shall be the principals assigned to this account for their respective firms. For purposes of this Contract, and the relationship created hereby, Randy C. Cain shall be lead/counsel principal of Consultant for all purposes, including but not limited to, the payment of all compensation hereunder. B. Any changes in the principals assigned by Consultant to carry out the obligations under this Contract must be approved in writing by the City Manager. EXECUTED IN DUPLICATE ORIGINALS ON THE 13th DAY OF December 2001. CITY OF LUBBOCK HILGERS & WATKINS, P.C. c; By: By:/2—� C' Mayor RanO C. Cain, Attorney at Law ATTEST: Rebecca Garza, City Secretary DENTON, NAVARRO & BERNAL, P.C. �2 By: (:u:sa:n . Rocha, Atforney at Law APPROVED AS T CONTENT: By: kany ivett aging Director of Communication and Legislation APPROVED AS TO FORM: By:,r William de Haas Contract Manager/ Attorney