Loading...
HomeMy WebLinkAboutResolution - 2012-R0378 - Contract- Tony Privett - Lobbying Consulting Services - 10/11/2012Resolution No. 2012-RO378 October 11, 2012 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10669 for Lobbying Consulting Services, by and between the City of Lubbock and Tony Privett, and 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 on October 11, 2012 ATTEST: - P\ a,.,, -'97<� - Rebec a Garza, City Secretary APPROVED AS TO CONTENT: nn Dumbauld, City Manager APPROVED AS TO FORM: Amy S' s, ey vw:ccdocs`RES.Contract-Tony Privett October 4, 2012 ✓IAYOR Resolution No. 2012—R0378 CITY OF LUBBOCK, TX Lobbying Consulting Services Service Agreement CONTRACT 10669 This Service Agreement (this "Agreement") is entered into as of the 11th day of October 2012, ("Effective Date") by and between Tony Privett, (the Contractor),and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 12 -10669 -MA, Lobbying Consulting Services WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide lobbying service at the State and Federal level in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Proposal 4. Exhibit C — Best and Final Offer Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, and hereto. Article 1 Services 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in Exhibit B, to Contractor for performing services. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. GENERAL REQUIREMENTS 3 SCOPE OF WORK EXHIBIT A a) The successful firm will have municipal experience in providing lobbying services at the State level to assist the City of Lubbock in developing an agenda and securing funding. This agenda will include areas of general municipal government, including but not limited to: telecommunications, sanitation waste disposal, parks and recreational services, economic development, streets and transportation, sanitary sewer, stormwater, infrastructure, health, animal control, police and fire services, homeland security, grants, legislative issues that restrict the powers of local government such as eminent domain and annexation, and other issues affecting municipalities as more fully described in this RFP. b) The successful firm must agree to be available at all times upon reasonable request to meet with City Council, City staff and others as specified in order to perform the responsibilities assigned; and to attend meetings, represent the interest of the City, and act as liaison between the City and all branches, departments, and agencies of the State government. It is expected that the successful firm will review and understand the agendas of the House and Senate leaders at the State level in order to assist the City to strategically seek funds. c) The successful firm will work collaboratively with the City of Lubbock City Council, City Manager and designated staff to develop the City's State program and represent the City's interests in Austin, Texas. The successful firm will handle a range of activities including, but not limited to: 1. Work closely with the City Council, City Manager, and key staff to develop a detailed strategic plan, to be referred to as the City of Lubbock State Legislative Program, for acquiring appropriations and funding for the City of Lubbock. 2. A minimum of two (2) meetings will be required in the City of Lubbock to assist in the development of the City's State Legislative Program. Status updates will be presented to the City Council on a semi-annual basis and as - needed or required throughout the term of the Contract. 3. Identify State grant opportunities; draft funding/grant applications in collaboration with the City, which addresses specific funding needs of the City; monitor and facilitate the progress of funding/grant applications through appropriate state agencies on behalf of the City, when requested. 4. Assist the City in the preparation of appropriations requests and required sub- committee forms. 5. Identify and aggressively act to obtain funding for the City of Lubbock projects. 6. Review on a continuing basis all existing and proposed State policies, programs, and legislation. Identify those issues that may affect the City or its 7. Review the legislative policy statements adopted by the Texas Municipal League, National League of Cities and other local governments and lobbying groups for the purpose of identifying issues which may either positively or negatively affect the City. 8. Identify other state legislation of interest to the City, monitor action on these initiatives, and advocate the City's interest when appropriate. 9. Monitor State legislative committee meetings, agency hearings and meetings prior to and during the regular and special legislative session(s) at which specific issues with the City's adopted Legislative Program are considered, as well as other issues that may arise that affect the City. 10. Work with the City Council, City Manager and designated staff to develop special or general legislation in keeping with, or supportive of, the City adopted Legislative Program. 11. Develop and evaluate strategy for the support, opposition, or amendment of pending legislation. 12. Testify and lobby before State legislative and appropriations committees as necessary on behalf of the City, during the annual legislative session, extended, or special session(s) and at legislative committee meetings. Assist City Mayor, Council Members and Staff when testifying. 13. Appear and testify before agency hearings, rule making proceedings and other administrative agency or legislative meetings, as required, to promote, oppose, and seek passage of legislation affecting the City or its citizens, and specific legislation contained in the City's Legislative Program. 14. Coordinate appointments or meetings between the City Council, other designated individuals, and Congressional leaders. 15. Assist the City in drafting any needed letters to State Congressional leaders regarding issues of interest and concern to the City of Lubbock. 16. Provide written monthly updates and quarterly status reports on the firm's achievements as they relate to the goals and objectives set forth in the City's Legislative Program. 17. Other required reports may include, but not necessarily be limited to, personal briefings and information bulletins pertinent to any legislation, rules, or regulations and other State policies or programs that affect the City and its citizens either directly or indirectly. 18. While the Legislature is in Session, a written summary report shall be submitted at the end of each week detailing legislative action taken during the week, status of legislative issues, anticipated action for the upcoming week, and suggestion action that City staff or elected officials may implement. 19. A written report that summarizes the status of the City's Legislative Program shall be provided within one (1) week of the closing of the session and a more detailed final written report on specific legislation and new requirements affecting the City shall be provided within a reasonable time period, not to exceed thirty (30) days from the close of session. affecting the City shall be provided within a reasonable time period, not to exceed thirty (30) days from the close of session. 20. When the Legislature is not in Session, the successful firm shall provide periodic reports (at least monthly) on issues of interest or concern to the City. Such information may include, but not necessarily limited to: action taken at interim committee meetings, rule making hearings, status of studies underway, and advance notice of legislation being proposed. CONTRACT TERMS AND CONDITIONS It is understood that any resulting contract executed will contain the following Indemnification and Release language: a) INDEMNIFICATION IT IS FURTHER AGREED THAT THE CONTRACTOR (SEPARATELY AND COLLECTIVELY THE "INDEMNITEE") SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT. SUCH INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, OR LIABILITY ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY, ANY OTHER PARTY INDEMNIFIED HEREUNDER, THE CONTRACTOR, OR ANY THIRD PARTY. b) Release The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. c) Non Arbitration The city reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the city shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. d) Contract Term The contract shall be for a term of two (2) years, said date of term beginning upon formal approval. The contract may be renewed for an additional two (2) year term under the same terms and conditions upon written agreement from both parties. AN 18 : A. Qualifications & Experience High Plains Research was created in 2005 by Tony Privett to provide legislative and communications services to both public and private sector organizations, in the local, state, & federal arenas. Clients have included: The City of Lubbock Lubbock ISD Lubbock County Hospital District West Texas Home Builders Association The McDougal Companies Lubbock Apartment Association Republic Services Singenis Corporation Southwest Convenience Stores Cirrus Wind I High Plains Research is operated as a sole proprietorship, and draws on the many partnerships built over the past 20 years. Tony Privett will be the sole contact and provider of services to the City of Lubbock. LEGISLATIVE PHILOSOPHY I take a collaborative approach in legislative matters. The state and federal environments are much more politicized than most municipal issues. Building of strong relationships that last beyond a single vote are crucial to tong -term success. I can give an example of my approach in a recent local issue. The relationship between the Lubbock Fire Department and UMC EMS had steadily deteriorated for many years. My client, UMC, was concerned about this and asked for my help in resolving the problems that were causing conflict in both organizations, and potentially harming the services provided to citizens. I used my contacts with City Management and the City Council to work out a framework to resolve these issues. The result was a new agreement that was acceptable to both parties, and a commitment by both organizations to build a strong partnership going forward. This is how I will work for the City: building relationships & reaching agreements. EXAMPLES OF WORK TO ACQUIRE APPROPRIATIONS Traffic Enforcement I and my department worked closely with the City Traffic Engineer to help secure several transportation federal funds, including the long-running Red for a Reason campaign grants. By developing a thorough local marketing and publicity campaign and securing support from our Congressman, the City has been able to secure regular funding for this program. Lubbock Urban Gardens created the Youth Services Department at the City, and we wrote and received grants for more than $79,000 in 2002 for a program that paired at -risk children with a gardening program in conjunction with the South Plains Food Bank. The program has continued to this day. Grants Training for City departments In 2002, 1 brought in a grants training course for City staff. During the training process, we identified six proposals and prepared them for submission, including First Tee, Texas Parks & Wildlife Trails, Fiesta Plaza, Buckle your Baby and TxDOT Safe Routes to Schools, and Lubbock City -County -Library "Access Lubbock." Some j were funded, though I don't have dollar totals on all. I acted as a writing coach and legislative advocate for all City departments that asked for my assistance. City grants received in 2001— 2002 totaled more than $19 Million dollars. Homeland Security While at the City of Lubbock, I put together a team to pursue funding for a major federal appropriation for a regional rapid response team to be stationed at Reese Center. The local players included all area law enforcement, emergency management, research, and health care providers. I left the City before this project came to fruition. While the federal government did not elect to put together a major resource like this in Lubbock, it showed FEMA, TSA, and other federal agencies that Lubbock was serious about Homeland Security and we have received numerous related grants in the past ten years. TxDOT Historic Redevelopment Grant I wrote and successfully advocated for grants for the City of Slaton that resulted in more than $1 million in grants to restore the former Santa Fe Railroad "Harvey House" in Slaton. U.S. Economic Development Administration Grant =' I wrote and successfully advocated for a grant that brought more than $600,000 to the Slaton Harvey House project to develop rural economic development projects such as a diner, museum, and bed & breakfast inn. More information on my career: Career 2005 - Present High Plains Research Co-owner Created public affairs company representing public and private entities before municipal and state government. www.highplainsresearch.com 2003 — Present Tony Privett Communications Owner Communications, marketing, writing, and lobbying consulting services for public and private companies. www.tonyprivett.com 1995-2003 City of Lubbock, TX Director of Communications & Legislation Managed Legislative initiatives, Public Information, City Council Administrative Staff, Youth Services, and Grants Coordinator. Served on Texas Municipal League Board of Directors. 1993-1995 The Nystrom Company Chicago, IL District Sales Manager Presented science and social studies curriculum materials to public schools in a 93 county West Texas territory. 1991-1993 Texas Tech University Press Lubbock, TX Director of Marketing In charge of budgeting, sales, direct-mail, and marketing of scholarly books. Advised on creation and design of new titles. 1984-1991 Grizzard Enterprises, Inc. Atlanta, GA President Managed the business career of Southern humorist & author Lewis Grizzard. Created and managed five new companies and partnerships, including a book publisher, political newsletter, and record label. Co-owner and founding Chairman. Longstreet Press book publishers, Atlanta, GA. 1982 —1984 Texas Monthly Press Austin, TX Director of Marketing for trade book division 1980 —1982 Peachtree Publishers Atlanta, GA Director of Marketing for regional book publisher 1975 —1980 Waldenbooks Lubbock, San Antonio, & Atlanta, GA Began in Lubbock while a student at Texas Tech. Promoted to San Antonio as a store manager, and promoted to Atlanta, where I managed operations and personnel for 17 retail bookstores in 3 states. Education 1970-1973 Texas Tech University Lubbock, TX 100+ hours Music Education studies, voice, piano, composition 1999 —2000 Lubbock Christian University Completed Organizational Management course work 1996 & 1999 Texas Dept. of Public Safety Emergency Management Courses on Terrorism Prevention 1998 Federal Emergency Management Institute Integrated Emergency Management Course 1997 Texas Tech University COBA Professional Development course in Government Finance Recent publications: Failure is not an Option, Delbert McDougal; a developer's unconventional wisdom. 2007 Historical Publishing, San Antonio. "The Romance of the Harvey Girls and the Santa Fe Railroad" Heritage Magazine, Summer 2007 "Slaton Harvey House Restoration" Social Studies Texan, Fall/Winter 2006 Don't Fence Me In: an anecdotal biography of Lewis Grizzard Edited by Chuck Perry. 1995 Longstreet Press. Atlanta What America's Teachers Wish Parents Knew f Judy and Tony Privett. 1993 Longstreet Press. Atlanta Public Service: President, Slaton Railroad Heritage Assoc. 1991 — 2012 Wrote more than $1 million in grants and raised more than $300,000 in private donations for the local museum project Lubbock County Historical Commission 2005 — 2012 Chairman, 2011-2012 Lubbock Heritage Society Board member 1996-1998 Texas Municipal League Board member 2001 - 2003 Grants Received in 2001-2002 $19,136,540.58 Award Amounts South Plains Regional Narcotic Task Force $387,216.00 Local Law Enforcement Block Grant $233,378.00 Community Development Block Grant $3,260,000.00 Community Service Block Grant $378,647.00 Emergency Shelter Grant $111,000.00 Home Investment Partnership Program $1,295,000.00 Library Systems Operation Grant $407,783.00 Technical Assistance - Library $79,991.00 Interlibrary Loan Center $70,597.00 Loan Star Libraries $25,479.00 Milk and Dairy No Amount Reimburse, HIV -Hepatitis C $6,000.00 BRHLO $94,118.00 Immunizations/ Locals $109,783.00 Infectious Disease Epidemiology & Survallience $15,441.00 HIV Prevention $46,350.00 Lab / Bioterrism $113,492.00 OPHP- Bioterrism Preparedness $379,089.00 HIV- Surveillance $50,251.00 ACFH / POP $51,181.00 Kid Fish _Parks and Recreation $6,500.00 Emergency Management Performance Grant $61,880.00 Unified Planning Work Program- MPO $243,000.00 Click It or Ticket $39,990.00 Speed Selective $50,000.00 Holiday Wave STEP $10,000.00 Senior Nutrition Program -USDA $12,183.58 Senior Congregate Title III -B $105,000.00 Senior Transportation Title III -C $8,000.00 Airport Improvement Program $5,244,410.00 EPA -Drinking Water System Security Vulnerability Assessment $115,000.00 Lubbock Urban Gardens $79,041.00 Summer Food Program $40,176.00 Brazos River Journey- parks and Recreation $750,000.00 Lubbock Jim Bertram Lakes System Don't have an amount yet McAlister Park- Parks and Recreation $500,000.00 Fiesta Plaza -Parks and Recreation $500,000.00 Samuel W. Wahl Recreational Area- Hiking Trail -Water Utilities $100,000.00 Federal Transit Formula Grant - Citibus $3,166,249.00 Federal Transit Formula Grant - Citibus $990,315.00 $19,136,540.58 B. Rates & Expenses F Fee for all Legislative Services: $5500 per month for 24 months = $132,000 Travel Expenses: Austin: $2000 per month for each month the Legislature meets in regular or special sessions $ 500 per month when the Legislature is adjourned Total Austin travel expenses not to exceed $23,000 over two years. Washington: Reimbursement for actual airfare, hotel, cabs, tips, and standard per diem for all trips to D.C. as approved in advance by the City. Total Washington D.C. expenses not to exceed $15,000 over two years. Total contract not to exceed $170,000 over two years. METHODOLOGY FOR THE CITY OF LUBBOCK LEGISLATIVE PROGRAM A successful legislative program involves five major areas: 1. Building relationships with elected officials, staff, and agency personnel 2. Identifying needs specific to the organization 3. Working with advocacy groups 4. Monitoring the legislative process 5. Rapid response to legislative threats and opportunities 1 My relationships with local, state, and federal elected officials has been built over the past twenty years. This extends to strong working relationships with their staff, and key agency staff. I will also work to establish and improve working relationships with City elected officials and senior staff with the appropriate officials. 2 The identification of legislative needs should be an ongoing process for City staff. If this is not currently being done, I will work with City management to instill this process, so that legislative issues can be addressed. This could mean that we seek the support of the Texas Municipal League, or to move legislation separately. In all cases, we will work with our local delegation to seek their input and support. We may ask them to carry our bills, write letters of support for our grant requests, or carry amendments to other bills. All of these decisions require a thorough understanding of the process, the political environment, the members involved; and strong organizational coordination. I will be available to meet as necessary to evaluate proposed legislation and funding opportunities, and to assist in prioritizing our needs and agenda. 3 The Texas Municipal League is a strong voice for cities, and I would encourage as many of our Council members and staff be involved with TML as much as possible. Because of the nature of TML's work, they are often at odds with other industry lobbies. That is why it is important for Lubbock to have an adviser who has contacts with other key advocacy groups. Many bills that TML carries are reflexively opposed. I will always work to find common ground where possible, and to seek support for the City's needs from all advocacy groups possible. 4 1 will provide year-round monitoring of the legislative process, attend hearings as appropriate, and will keep City staff and Council informed as to threats and opportunities. 5 Under the City's direction, I will handle the movement of the approved legislative package, grants requests, and keep the City updated throughout. I will advise and schedule legislative meetings and testimony as appropriate for Council. I will provide reporting as the City desires. Monthly reporting should be sufficient when the Legislature is not meeting, and weekly during the Session. J Lois Wischkaemper Sr. VP and General Counsel, UMC Health System 602 Indiana Avenue Lubbock,TX 79415 Phone: 806-761-0995 Fax: 806-761-0991 lois.wischkaemper@umchealthsystem.com Nancy Sharp Director of Communications, Lubbock ISD 162819`' St. Lubbock, TX 79401 Phone: 806.766.1000 Fax: 806.766.1241 nsharp@lubbockisd.org Bob Cass Retired Lubbock City Manager 3809110' St. Lubbock, TX 79423 Phone: 806.411.1605 brendanbob@suddenlink.net :":THIGH PLANS + RESEARCH October 2, 2012 EXHIBIT C Ms. Marta Alvarez City of Lubbock Director of Purchasing and Contract Management 1625 13th Street Lubbock, Texas 79401 Dear Ms. Alvarez: As requested, here is my best and final offer to RFP 12 -10669 -MA Lobbying Consulting Services: Fee for all state and federal Legislative Services, including legislative and grant work for the City of Lubbock, Lubbock Power & Light, Civic Lubbock, LEDA, and other City boards as requested. $5500 per month for 24 months = $132,000 Travel Expenses: Austin: $2000 per month for each month the Legislature meets in regular and special sessions $ 500 per month when the Legislature is adjourned Total Austin travel expenses not to Exceed $21,000 over two years. Washington: Reimbursement for actual airfare, hotel, cabs, tips, and standard per diem for all trips to D.C. as approved in advance by the City. Total Washington D.C. expenses not to exceed $12,000 over two years. Total two-year contract not to exceed 5165.000. ?TnhanKk you f the opportunity to propose lobbying & grants advocacy services for the City. rivett w1vw.highpIainsresCarch.coin 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. ff1Y1►FLal ONMIEleftTimra.' ATTEST: —tn— Rebecka Garza, City Secretary APPROVED AS TO CONTENT: XWJke49-R Lee Ann umbauld, City Manager TO FORM: Assistant CONTRACTOR: Tony Privett OwPEA Title