HomeMy WebLinkAboutPR 19284: CONSULTANT AGREEMENT WITH GRIFFITH MOSELY JOHNSON & ASSOCIATES, INC. DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL
KAPRINA RICHARDSON FRANK,MAYOR PRO TEM CITY MANAGER
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COUNCIL MEMBERS: City of SHERRI BELLARD,TMRC
RAYMOND SCOTT Ill CITY SECRETARY
TIFFANY HAMILTON /_/
MORRIS ALBRIGHT — — VALECIA TIZENO
KEITH RICHARD n r 1 T 1 h I[ r7c xas CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.M
OSAN SWATI
CHARLOTTE MOSES
Date: April 29, 2016
To: Mayor and Council
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From: Brian McDougal, City Manager
RE: Griffith, Moseley and Johnson SEP Contract
Nature of the request:
For several years the City of Port Arthur has retained the Griffith, Moseley and Johnson Law Firm
to assist us with the legal and operational needs relating to Supplemental Environmental Plans
(SEP's). The firm follows violations of the petrochemical industry and reports to us who were
fined. They then prepare letters for the City Manager to sign to be delivered to the industry
alerting them that the City is entitled to a portion of the fine(s).
Staff Analysis, Considerations:
Each of these violations usually comes through either the Texas Department of Environmental
Quality (TCEQ), or the U.S. Environmental Protection Agency (EPA). The violations are tracked
and either of these agencies contacts the City Manager's Office when a violation occurs, and
reports the results of the violation. It is at this point the City Manager notifies the City Council of
the violation, and the City Council decides how the violation money will be used in the City
budget.
Recommendation:
The City has had a similar contract with John Hall to perform the same type of service on behalf of
the City. In May of 2014, Mr. Hall's contract was not renewed due to the fact that the notification
of, and how the monies are used was now being communicated directly with the Managers office
and the agency that declared the violation.
P.O BOX 1089•PORT ARTHUR,TEXAS 77641-1089•409/983-8101 •www.portarthur.net
Our recommendation is that this contract not be renewed. The Managers Office and Staff are
directly communicating with the industry on these situations, and the services of the firm are no
longer needed.
Budiet Considerations:
There is no budgetary impact if the contract is not renewed.
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P.O BOX 1089•PORT ARTHUR,TEXAS 77641-1089•409/983-8101 •www.portarthur.net
P. R. No. 19284
4/27/16 JNP/GT
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO A CONSULTANT AGREEMENT
WITH GRIFFITH MOSELEY JOHNSON & ASSOCIATES, INC. , FOR
PROFESSIONAL CONSULTING SERVICES
WHEREAS, it is deemed in the best interests of the citizens
and the City to enter into a Consulting Agreement with Griffith
Moseley Johnson & Associates, Inc . , for professional consulting
services with local industry.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are
true and correct .
Section 2 . That the City Manager is herein authorized to
enter into a Consulting Agreement with Griffith Moseley Johnson &
Associates, Inc . , in substantially the same form as attached hereto
as Exhibit "A" .
Section 3 . That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council .
READ, ADOPTED AND APPROVED on this day of May, A.D. ,
2016, at a Meeting of the City Council of the City of Port Arthur,
Texas, by the following vote :
AYES : Mayor:
Councilmembers :
NOES :
MAYOR
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Val Tiz:ns
City At o, ney
APPROVED FOR ADMINISTRATION:
Brian McDougal
City Manager
APPROVED AS TO THE AVAILABILITY OF FUNDS:
X , ,
Jerry W. Dale 0
Director of Finance e.
S:\Finance\Resolutions\Carl Griffith SEP.doc
EXHIBIT "A"
CONSULTING AGREEMENT
This Consulting Agreement (the "Agreement")is entered into effective the 1St day of April, 2016 by and
between Griffith Moseley Johnson&Associates,Inc.,a Texas corporation("Consultant"),and the City of
Port Arthur,Texas("City").
1. Consultant's Services. City retains Consultant to provide to the City professional consulting services in
managing all aspects of the City's Supplemental Environmental Project(s)("SEPs"), including but not
limited to the following:
a) Assisting the City in nominating proposed projects to the TCEQ so that they can be pre-
approved as SEP projects that industry can contribute to partially offset administrative penalties
associated with violations of TCEQ rules;
b) Monitoring TCEQ records of violations to maintain awareness of violations occurring in and
around the City;
c) Contacting local industry to encourage participation in and contribution to the SEPs,which
will be mutually beneficial to industry and to the City;
d) Assisting the City in meeting all reporting requirements for Supplemental Environmental
Projects program;
e) Corresponding with TCEQ as necessary to further the City's goals and ensuring the City's
compliance with regard to the SEP program.
2. Consideration and Reporting. a)In consideration for the Consulting Services to be performed by
Consultant under this Agreement,the City will pay Consultant a fee equal to ten percent(10%) of the
amount of each contribution the City receives through the SEP program, as consideration for Consultant's
administration,reporting and other activities related to ensuring City's compliance with all regulations
associated with the SEP program. Consultant will be responsible for any and all consultant's expenses
associated with the projects,included but not limited to travel and costs associated therewith. Consultant
will submit invoices to City after each contribution to City's SEP is received,and City will process same
for payment within the due course of business,but within thirty(30)days of receipt of said invoice and
following approval for payment through the City's normal process.
b)Consultant will submit such reports as requested by the City Manager reporting on
Consultant's activities, including the following:
1. Actions taken by the consultant to contact local industry
2. Persons contacted
3. Response of local industry
4. Status of reporting and compliance activities
5. Status of ongoing projects
6. Such other relevant information as requested by the City Manager
3. Independent Contractor.Nothing herein shall be construed to create an employer-employee
relationship between the City and Consultant or any of Consultant's employees. Consultant is an
independent contractor and not an employee of the City.The consideration set forth in Section 2 shall
be the sole consideration due Consultant for the services rendered hereunder. It is understood that the
City will not withhold any amounts for payment of taxes from the compensation of Consultant
hereunder. The Consultant will be responsible for the payment of all taxes, including payroll taxes,
social security and similar costs. Consultant will not represent to be or hold himself out as an
employee of the City.
4.Term and Termination.The term of this agreement is two years.Either party may terminate this
agreement for good cause at any time during the term by written notice directed to the other party and
given thirty(30)days in advance of the temlination date. Such notice shall set out the basis for
"cause"and provide an opportunity to cure the "cause"and obviate the termination of this agreement.
5.Notice.Any notice or communication permitted or required by this Agreement shall be deemed
effective when personally delivered or deposited,postage prepaid, in the first class mail of the United
States properly,or sent via electronic means, addressed to the appropriate party at the address set forth
below:
Notices to Consultant: Griffith Moseley Johnson &Associates,Inc.
2901 Turtle Creek Drive,Suite 445
Port Arthur,Texas 77642
409-722-5101 (facsimile)
jjohnson@gmjinc.com
Notices to City: Mr. Brian McDougal,City Manager
City of Port Arthur
P. 0. Box 1089
Port Arthur,Texas 77641
6.General Provisions.
6.1. Entire Agreement and Amendments. This Agreement constitutes the entire agreement of the Parties
with regard to the subject matter hereof,and replaces and supersedes all other agreements or
understandings,whether written or oral as it pertains to Supplemental Environmental Projects.No
amendment or extension of the Agreement shall be binding unless in writing and signed by both Parties.
6.2.Assignment. Nothing in this Agreement shall be construed to permit the assignment by Consultant
of any of its rights or obligations hereunder,and such assignment is expressly prohibited without the
prior written consent of City.
6.3. Governing Law, Severability. This Agreement shall be governed by the laws of the State of Texas.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision.
6.4. Compliance with Section 305.022 Government Code. The Parties will take such action as to
comply with said section. The fee agreement for the administration of the projects is based on
a good faith estimate of work to be performed. Specifically,the consultant will take no action to
influence the outcome of legislative or administrative action,as it relates to a prohibition on lobbying.
6.5. Waiver. The waiver by either Party of a breach or violation of any provision of this Agreement
shall not operate as or be construed to be a waiver of any subsequent breach hereof.
WHEREFORE,the Parties have executed this Agreement as of the date first written above.
CITY:
By: Brian McDougal
GMJ:
By: Carl R.Griffith