Loading...
HomeMy WebLinkAboutResolution - 5279 - Contract-Hilgers & Watkeins PC; Denton Mckamie & Navarro PC-Professional Service - 09/10/1996RESOLUTION NO. 5279 September 10, 1996 Item #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 Professional Services Contract and all related documents by and between the City of Lubbock and Hilgers & Watkins, P.C., and Denton, McKamie & Navarro, P.C., to provide consulting, counseling and legislative services for the City of Lubbock from September 10, 1996, 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, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 nth day ATTEST: arold Willard, Interim City Secretary APPROVED AS TO CONTENT: U"C l Debra Forte', Assistant City Manager APPROVED AS TO FORM: aiex iy cooKe, mayor rro rem cAabiLd A. ( �-,�-A A K. Casner, Assistant City Attorneyz- jW, dpkedocsVegcont.res August 29, 1996 RESOLUTION NO. 5279 September 10, 1996 Item 451 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, McKamie & Navarro, 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 and administrative matters before members of the Texas legislative and officials of state 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 Texas Legislature, and at 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, to -wit: 1. Consultant will represent the City of Lubbock during the 75th State Legislative Session, 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 75th State Legislative Session; (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 interests; (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 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 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 will 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 will advise and consult on behalf of the City with the Executive and Legislative branches of the 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 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 progress reports and assignments. Consultant will meet with City staff more frequently as the need arises as determined by the City staff. 6. Consultant will 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 will counsel with 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, 2 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. 11 OBLIGATIONS OF CITY A. City will advise the Consultant of the name or names of persons other than the City Manager authorized to request service 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. 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 CITY AND CONSULTANT CONCUR THAT THE FOLLOWING EXCLUSIONS SHALL APPLY TO THIS AGREEMENT: A. Consultant will not represent other local governments in state 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. IV. TERM The primary term of this contract shall commence September 10, 1996 and end December 31, 1997. Subject to the mutual consent of the parties, this contract may continue for one (1) additional option period of January 1, 1998, and terminate December 31, 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 for successive two (2) year periods upon the mutual consent of the parties, and upon like terms and conditions of the first option period. City shall acquire City Council approval to extend the contract thirty (30) days prior to the expiration of the primary term. 3 V. COMPENSATION The fee for the primary term shall be $5,500.00, per month during the primary term. The fee for the option period, or any of them, shall be a sum agreed upon by the parties, on or before sixty (60) days prior to the expiration of the primary term, or option term, whichever is applicable, said sum to be paid on a monthly basis. All reasonable and ordinary expenses incurred in performance of this contract shall be borne by Consultant. City will reimburse Consultant for travel expenses incurred at the request of City, for overnight delivery services requested by City, and for extraordinary expenses which are first approved by City. VL 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 earned and incurred prior to the date of termination. Should the Consultant, or either of them, leave her/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. Randy C. Cain and Susan C. Rocha will 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 act as lead counsel/principal of the Consultant for all purposes, including but not limited to, the payment of all compensation hereunder. 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. Ln ECUJTED IN DUPLICATE ORIGINALS ON THE 10t DAY OF s ep temko CITY OF LUBBOCK + •, uaa vi Mayor Pro Tem 4 HILGERS & WATKINS, P.C. By: Name• R n1 N Title ATTEST: Iftirold Willard Interim. City. Secretary APPROVED AS TO CONTENT: B;.Xjkl AM41�04&1 Debra Forth Assistant City Manager APPROVED AS TO FORM: By: Richard K. Casner Assistant City Attorney 8:tncaMwo"ub•contNn MIN, 4:17pm ph 5 DENPON, McKAMIE &NAVARRO, P.G