Loading...
HomeMy WebLinkAboutCity Council Resolutions (R-21-4634)-07/20/2021RESOLUTION R-21-4634 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT PROSECUTIION SERVICES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City of Colleyville and the City of Keller jointly administer and operate a regional municipal court; and WHEREAS, the City desires to engage the law firm of Wood Banowsky, PLLC, to provide municipal court prosecution services for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the above findings are hereby found to be true and correct and are incorporated herein in their entirety. Sec. 2. THAT the Professional Services Agreement for Prosecution Services attached as Exhibit "A" is approved and the City Manager is authorized to sign the agreement. The City Manager is further authorized to provide notice and terminate the City's current professional services agreement for prosecution services. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 6 AYES, 0 NAYS ON THIS THE 20TH DAY OF JULY 2021. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Abs Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: Christine Loven, TRMC City Secretary C�X�OF COLLEYVILLE n�- Richard Newton Mayor PROFESSIONAL SERVICES AGREEMENT FOR PROSECUTION SERVICES This Professional Services Agreement for Prosecution Services ("Agreement") is made by and between the City of Colleyville, Texas ("City") and Wood Banowsky, PLLC ("Firm"), (each a "Party" and collectively the "Parties"), acting by and through their authorized representatives. RECITALS: WHEREAS, the City of Colleyville and the City of Keller jointly administer and operate a regional municipal court; and WHEREAS, the City desires to engage the law firm of Wood Banowsky, PLLC to provide municipal court prosecution services for the City pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and terms and conditions herein contained, and of the execution hereof, the Parties agree and bind themselves to the obligations and performance of the tasks as follows: Article I Purpose The purpose of this Agreement is for the City to contract for municipal court prosecution services to be performed in accordance with the terms and conditions of this Agreement. Article II Term This Agreement shall be effective as of August 1, 2021 (the "Effective Date"). This Agreement shall continue without term unless and until terminated pursuant to this Agreement. Article III Scope of Services 3.1 Prosecution Services. Firm shall, at City's discretion, provide one or more attorneys to serve as the City's Municipal Court Prosecutor in accordance with the City Charter and the laws applicable to prosecutors of courts in the State of Texas, as the same may be amended ("Services"). The Firm has presently designated Nicole A. Corr to serve as the lead prosector at the request of City. The Services may include, without limitation, the following: (a) Prosecute cases filed in the Municipal Court; (b) Attend Pre-trial Docket (virtual or in -person); (c) Attend Bench and Jury trials (virtual or in -person); (d) Coordinate with City law enforcement regarding prosecution of cases; (e) Meet with witnesses or victims regarding complaints; (f) Negotiate plea agreements with defendants; and PAGE t I CITv or COLI.EYN'n.LE/PROFESSIONAL SERVICE AGREENIENr FOR MLNICIPAL COURT PROSECUTION SERN'ICE9 (g) Perform all other duties of a municipal prosecutor as may be provided by applicable State law. 3.2 Professional Competency. Firm agrees that in the performance of these Services, the designated prosecutor(s) shall have the level of competency, and shall use the same degree of skill and the care presently maintained by other practicing professionals performing the same or similar types of work. Article IV Compensation 4.1 Compensation for Time. City shall compensate Firm for all Services performed pursuant to this Agreement through December 31, 2021 at an hourly rate of one hundred and sixty- five dollars ($165.00) per hour, and thereafter, at a rate of one hundred and seventy-five dollars ($175.00) per hour. The foregoing hourly rates shall be billed in quarter hour (0.25) increments. City will not be billed more than one hour of travel time for the prosecutor's round trip to and from the City's municipal court. 4.2 Invoices for Services. Invoices for Services performed and expenses incurred under this Agreement will be submitted to the City on a monthly basis in the form of a single statement of Services. Invoices will be submitted to City generally within ten (10) business days following the last day of each month. All invoices for legal Services provided will contain: (1) a detailed description of the Services performed, (2) an accounting of the time charged for each service, and (3) a total amount owed. 4.3 Prompt Payment. Upon Firm's submission of an acceptable invoice required to be submitted tinder this article, City shall issue payment in accordance with Chapter 2251 of the Texas Government Code. It is the policy of City to make payment on a properly prepared and submitted invoice within thirty (30) days of the latter of any final acceptance of performance or the receipt of a properly submitted invoice. Article V Termination 5.1 Termination for Convenience. Either Party may terminate this Agreement, in whole or in part, at any time by providing thirty (30) days written notice to the other Party when it is in the Party's best interest. Firm shall be compensated for all Services performed and expenses incurred in the manner provided in Article IV up to the time of termination. Firm shall promptly submit its final invoice to City following the time of termination. If Firm has any property or documents in its possession belonging to City, Firm will account for and dispose of the same in the manner requested by the City. All legal opinions and other legal documents prepared or obtained under the terms of this Agreement are instruments of service and City shall retain ownership and a property interest therein. Upon termination, originals and/or copies of all client documents prepared or obtained under the terms of this Agreement shall be delivered to and become the property of City and without restriction on their use or further compensation to Firm. PACE 2 CITV OF COLLEI'V11,1, E/PROFESSIOxAL SERVICE AGREE\IE\'r FOR MLIICIPAL COURT PROSECUTION SERVICES 5.2 Termination for Default [Breach or Cause]. If Firm fails to perform in the manner called for in this Agreement, or if Firm fails to comply with any other provisions of this Agreement, City may upon ten (10) days' written notice and reasonable opportunity to cure, terminate this Agreement for default. Termination shall be given by serving a notice of termination on Firm setting forth uncured default and stating the date of termination. Upon termination under this Section 5.2, Firm shall be compensated only for Services performed in accordance with this Agreement through the date of termination. 5.3 Waiver of Remedies for Any Breach. In the event that City elects to waive its remedies for any breach or default by Firm of any covenant, term or condition of this Agreement, such waiver by City shall not limit City's remedies for any succeeding breach or default of this Agreement. Article VI Miscellaneous 6.1 Independent Contractor. It is understood and agreed by and between the Parties that in satisfying the conditions of this Agreement, Firm is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with these actions. All Services to be performed by Firm pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Firm shall supervise the performance of its Services and shall be entitled to control the manner and means by which its Services are to be performed, subject to the terms of this Agreement. As such, City shall not: (1) train the Firm's prosecutors; (2) require the prosecutors to complete regular oral or written reports; or (3) require any prosecutor to provide frill -time services to City. 6.2 Finn Personnel. Firm will be solely and entirely responsible for its acts and the acts of its agents, employees, subcontractors, and representatives in the performance of this Agreement. (a) Firm agrees and acknowledges that during the existence of this Agreement, Firm shall be entirely responsible for the liability and payment for Firm or Firm's employees or assistants, of all taxes of whatever kind, arising out of the performances in this Agreement. Other than the payments described in this Agreement, Firm agrees and acknowledges that Firm or Firm's employees or assistants shall not be entitled to any state benefit on account of the Services provided hereunder. CITY SHALL NOT BE LIABLE TO THE FIRM, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION, OR ANY BENEFIT DUE TO A STATE EMPLOYEE. If City shall nonetheless become liable for the payment of taxes, unemployment insurance premiums, or workers' compensation benefits owed by Finn or any of its members, shareholders, or employees as a result of performance by Firm of its obligations under this Agreement, Firm shall promptly pay or reimburse City for such liability. PACE 3 I CITY OF COLLEYVITITTROFESSIONAI, SERVICE AGREENIEsr FOR MUNICIPAL COLRT PROSECUTION SERVICES (b) Firm agrees that any person employed or engaged by Firm and who assists in performing the Services agreed to herein shall not be considered employees or agents of City. Firm shall be responsible for any payments and other claims due such persons for work performed under this Agreement. Further, Firm agrees to comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers' compensation. City shall not be liable to Firm, its employees, agents, or others for the provision of unemployment insurance and/or workers' compensation. 6.3 Assignment of Agreement. Firm may not assign this Agreement, or assign or delegate any right or duty under this Agreement, without prior written approval from City. 6.4 Records Retention. Full and accurate records shall be maintained by Firm at its place of business with respect to all matters covered by this Agreement. Unless otherwise directed by City, Finn shall retain all records relating to the provision of Services herein for a period of four (4) years following the termination of this Agreement. Upon the request of City, Firm shall allow representatives or designees of City to review, examine and make excerpts or transcripts from such records, and/or audit said records at all reasonable times. Upon the request of City, after the expiration of the records retention period, Firm shall return all files and records to City. Firm may destroy all records in whatever media that are not returned at the expiration of the record retention period. 6.5 Survival. The obligations of Firm under Section 6.2 shall survive this Agreement. 6.6 Written Notice Delivery. Any notice required or permitted to be given under this Agreement by one Party to the other Party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this section, or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving Party at the address hereinafter specified: For Firm: Wood Banowsky, PLLC Attn: Whitt L. Wyatt 3710 Rawlins St., Ste 1000 Dallas, Texas 75219 E: whitt@woodbanowsky.com For City: City of Colleyville Attn: Jerry Ducay, City Manager 100 Main Street, 3`d Floor Colleyville, Texas 76034 E: jducay@colleyville.com 6.7 Conflict of Interest. Firm covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of Services required to be performed under this Agreement. If any such conflict of interest shall arise during the Agreement Term, Firm shall immediately and fully disclose the nature and extent of the conflict to City and resolve the conflict to City's satisfaction. The Finn shall also be bound to follow the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedures. PACE 4 I CITY OF COLLEYYII,I,E./PROI'ESSIONAI. SERVICE: AGIZEENIEN F FOR MUNICIPAL COURT PROSECUTION SERVICES 6.8 Taxes. This Agreement shall not be construed so as to supersede the laws of the United States or the State of Texas which accord City, and all departments, agencies, and instrumentalities of the State of Texas exemptions from the payment(s) of all taxes of whatever kind. More specifically, City shall not directly or indirectly be liable for taxes of any kind. To the extent allowed by law, City will provide, upon the request of Firm, all applicable tax exemption certificates. 6.9 Signatories. Having agreed to the terms herein, the undersigned signatories hereby represent and warrant that they have authority to enter into this Agreement. 6.10 Applicable Law and Venue. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.11 Amendments. This Agreement may be amended only upon written Agreement signed by the Parties. 6.12 Severability/Interpretation. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.13 Compliance with Laws. Firm shall fully comply with all Federal, State, and Local laws, rules, regulations, and ordinances applicable to the services covered hereunder as they may now read or may hereafter be amended, including, the Texas Disciplinary Rules of Professional Conduct. [Signature page follows] PACE 5 I Cr7Y of CoLLEvvn,Lls/PraorsssroxAL SERb7CP: AGREE\rEX'r FOR MUNICIPAL CoURIPROSECU I ION SERV ICrs EXECUTED on July 20, 2021. EXECUTED on July 20, 2021. City of Colleyville, Texas C Jerry DucayXity Manager Wood Banowsky, PLLC L. PAGE 6 I CITY OF COLLEYVILLE/PROFESSIONAL SERVICE AGREEMENT FOR MUNICIPAL COURT PROSECUTION SERVICES