HomeMy WebLinkAboutResolution No. 2012-049
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES
WITH RSH CONSULTING TO MONITOR LEGISLATIVE
ACTIONS AND PROVIDE CONSULTING SERVICES TO THE
CITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, The Colony City Council desires to enter into a professional
services contract for the purpose of monitoring legislative actions and providing
consulting services to the City of The Colony; and,
WHEREAS, the City Council has determined it to be in the City's best interest to
enter into a consulting services contract with RSH
Consulting to provide such services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the Mayor to execute a professional services contract with RSH Consulting, a
copy of which is attached as Exhibit A, under the terms as specified therein.
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 5"' day of June, 2012. q s
Jo _ McCoune0lony, ayor
~ty of The Texas
A
TE T:
T
Christie Wilson, TRMC, City Secretary `
APPROVED AS TO FORM:
Jeff Mo9re, City Attorney
CONTRACT FOR PROFESSIONAL SERVICES
The Contract for Professional Services (hereinafter referred to as the "Agreement") is
made effective on this the 5"' day of June, 2012, by and between the City of The Colony, Texas,
a Texas home-rule municipality (hereinafter referred to as "Client"), and the provider of services
is RSH Consulting (hereinafter referred to as "Consultant").
TERM:
This Agreement is effective from June 5, 2012, and through June 30, 2013.
SERVICES:
The Client engages the Consultant to provide professional services described herein, in
consideration of the mutual promises provided herein, and for the compensation expressed:
1. Assist the Client in developing political and legislative strategies to achieve its goals;
2. Monitoring of legislation which is identified by you as having a potential impact on
issues you identify as important;
3. Represent you upon request when necessary during negotiations and planning sessions on
selected issues you identify as important;
4. Assist in communicating your positions on legislation and administrative actions to the
Texas Legislature and the executive agencies;
5. Represent you and your interests in the formulation of interim studies on selected
business issues, the appointment of members to same, and the resulting outcome;
6. Political contributions and campaign contributions on behalf of Client are not part of this
Agreement. Consultant attends political events and campaign functions, but such activity
is solely on Consultant's own time, and Consultant explicitly receives no compensation
from Client for such activity;
7. The Client is responsible for advising Consultant of the legislative or executive action the
Client desires to be pursued. Consultant agrees to perform those services in a diligent
and professional manner, advising the Client on a regular basis of the progress of
legislation, legal and regulatory action in the state of Texas relating to the business of the
Client as described herein; and
8. Perform other contact and/or services deemed by Client to be beneficial to its interests;
FEES, PAYMENT:
For the services described herein, Consultant shall be paid $5,000 per month from July 1,
2012 through June 30, 2013. In addition, Client agrees to pay general expenses for entertainment,
postage, communication and reasonable travel and related expenses incurred while working for
Client. Invoices will be sent on the 1st of each month for consultant fees and expenses of the
prior month. Invoices are due and payable upon receipt.
Payments shall be made at 604 West 14t" Street, Austin, Texas, 78701, or at such other location
as Consultant may direct. Invoices shall be mailed to Client at the following address:
City of The Colony
6800 Main Street
The Colony, TX 75056
Attn: Accounts Payable
TERMINATION:
This Agreement may be terminated by either party by giving thirty (30) days written
notice to the other party. All notices shall be sent to RSH Consulting, 604 West 14t" Street,
Austin, Texas 78701.
CONFLICTS OF INTEREST:
Consultant agrees not to accept any other employment that would conflict with the
interest of the Client; should any conflict arise between the Client and Consultant, the matter will
be settled to the satisfaction of the Client and in accordance with the rules of the Texas Ethics
Commission. The Client understands and is further aware that it will not be Consultant's sole
client, but Consultant agrees to exert its best efforts in securing the put-poses of this Agreement.
MISCELLANEOUS PROVISIONS:
The following miscellaneous provisions are a part of this Agreement:
(a) Amendments. This Agreement, together with any related documents, constitutes the
entire understanding and agreement of the parties as to the matters set forth in this
Agreement. No alteration of or amendment to this Agreement shall be effective unless
given in writing and signed by the party or parties sought to be charged or bound by the
alteration or amendment.
(b) Applicable Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Denton County, Texas. Venue for any action arising under
this Agreement shall lie in the state district courts of Denton County, Texas.
(c) Assignment. This Agreement may not be assigned without the express written consent
of the other party.
(d) Binding Obligation. This Agreement shall become a binding obligation on the
signatories upon execution by all signatories hereto. Consultant warrants and represents
that the individual or individuals executing this Agreement on behalf of Consultant has
frill authority to execute this Agreement and bind Consultant to the same. Client warrants
and represents that the individual executing this Agreement on its behalf has frill
authority to execute this Agreement and bind it to the same.
(e) Caption Headings. Caption headings in this Agreement are for convenience purposes
only and are not to be used to interpret or define the provisions of the Agreement.
(f) Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and all of which shall constitute one and the same
document.
(g) Severability. If a court of competent jurisdiction finds any provision of this Agreement
to be invalid or unenforceable as to any person or circumstance, such finding shall not
render that provision invalid or unenforceable as to any other persons or circumstances.
If feasible, any such offending provision shall be deemed to be modified to be within the
limits of enforceability or validity; however, if the offending provision cannot be so
modified, it shall be stricken and all other provisions of this Agreement in all other
respects shall remain valid and enforceable.
(h) Time is of the Essence. Time is of the essence in the performance of this Agreement.
[The Remainder of this Page Intentionally Left Blank]
w
EFFECTIVE THIS THE ~ day of 2012.
tC IENT:
CITY OF THE COLONY, TEXAS
A Texas home-rule municipality
A/'
J e McCour , Mayor
ATTEST:
Christie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore, _ ity Attorney
CONSULTANT:
By: c.
kobe ,t S.U Howden
RSH Consulting