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HomeMy WebLinkAboutContract 33038 CITY SECRETARY' rr�� CONTRACT NO. STATE OF TEXAS § COUNTY OF TARRANT § CONTRACT This agreement is made and entered into by and between the City of Fort Worth ("City"), acting herein by and through its duly authorized Assistant City Manager, Joe Paniagua, and Lawrence Collins ("Collins"), the person whose personal services are to be retained hereunder. For and in consideration of the covenants and promises contained herein, the parties hereto agree as follows: 1. For and in consideration of the payment of the amount of money set out in Paragraph Five (5), Collins agrees to perform the personal services described in Exhibit "A", which is attached hereto and made a part of this contract for all purposes. 2. This contract shall begin December 1, 2005, and terminate August 31, 2007, unless terminated sooner as provided herein. 3. Collins shall cooperate with and report to the City's Director of Governmental Relations and the City Manager, who shall, in turn, relate to Collins the City's legislative revenue and appropriations requests and goals. Collins shall respond to requests made by the Mayor, the Chair of the Government and Neighborhood Relations Committee, the City Manager, and the City's Director of Governmental Relations. Collins shall coordinate all responses or actions taken on the City's behalf through the City's Director of Governmental Relations, or the City Manager's designee. 4. Collins shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Collins shall have exclusive control of, and exclusive right to control, the details of the services performed hereunder and shall be solely responsible for the acts or omissions of his officers, agents, employees, and sub-consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between the City and Collins, his officers, p agents, employees, and sub-consultants, and the doctrine of respondent superior shall have no application as between the City and Collins. 5. In full payment and consideration for all services furnished before the execution of this contract from October 1, 2005 through November 30, 2005, Collins shall be paid $15,000.00. In full payment and consideration for all services furnished after December 1, 2005, and subject to the termination provisions set out in Paragraph Six (6) of this agreement, Collins shall be paid $7,500.00 per month for the term of this contract. Payments are due and payable by City upon receipt of an invoice from Collins or his company. 6. The City may terminate this Agreement at any time for breach of this Agreement by providing a 10-day written notice or terminate without cause by providing a 30-day written notice to Collins. Upon termination, Collins shall provide reproducible copies of completed or partially completed reports, summaries or other documents prepared under this contract, which shall become the property of the City. Collins shall be reimbursed for expenses incurred up to the date of the notice of intent to terminate, plus such costs that are reasonably incurred for termination services. The Collins may terminate this Agreement at any time for breach of this Agreement by providing a 10-day written notice or terminate without cause by providing a 30-day written notice to City. 7. Collins shall perform services detailed in Exhibit A. All of the reports, information and data prepared or assembled for the City under this contract shall be kept confidential and shall not be made available to any individual or organization without the prior written approval of the City, except as such disclosure may be required by law. 8. Within ten (10) calendar days from the date of execution of this contract, Collins shall provide City a list of other municipalities, counties, and transit agencies that he represents. Upon request, Collins shall provide the City's Director of Governmental Relations, or the City Manager's designee, a list of all other clients he represents. If Collins enters into a contract with any other client that might be in conflict with this contract, he shall, within two (2) calendar days after the execution of the contract, notify City of such potential conflict in writing. If the City, in its sole discretion, believes that a conflict exists, such conflict shall be discussed by Collins and the City and resolved to the satisfaction of the City. If the conflict cannot be resolved to City's satisfaction, City may terminate this contract for cause. Collins shall comply with Section 305.028 of the Texas Government Code. 9. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 10. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract, then the City will immediately notify Collins of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 11. All written notices called for or required by this Agreement shall be addressed to the following by certified mail, postage prepaid, or by hand delivery: City: City of Fort Worth Attn: City Manager 1000 Throckmorton Fort Worth, TX 76102 with copies to the: Fort Worth City Attorney, and Governmental Relations Department (Director) (at same address as above) Consultant: Lawrence Collins 112 A Laurel Ln. Austin, Texas 78705 113 12. Collins agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records involving transactions relating to this Agreement. Collins agrees that the City shall have access during normal working hours to all necessary Collins facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Collins reasonable advance notice of intended audits. Collins further agrees to include in all its subcontracts hereunder a provision to the effect that the sub-consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub- Collins, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give sub-consultant reasonable advance notice of intended audits. WITNESS our hands this �' day of 200 ATTEST: CITY OF FORT W RTH By: City Secretarih Assistant i ger EMjEREQUIRED APPROVED AS TO FORM AND LEGALI V. Assistant CifpAttorney Law nce Collins Date: I" Date: • �3• 4 EXHIBIT "A" This contract for services is designed to accommodate the City's varying and still- developing interests in state finance and appropriation issues. Collins's Core Responsibility The City is hiring Collins as a state appropriations/revenue strategist and a general liaison and representative of the City for business with the Comptroller's Office and the Legislative Budge Board (LBB) regarding fiscal matters of interest to the City for the time period reflected in paragraph # 2 above. Collins's work for City will focus on developing appropriate and viable strategies so that the City can successfully assert a case to secure appropriations or other revenue sources for City of Fort Worth priority projects. During an active Legislative Session, Collins is expected to be present to advise and direct the day-to-day tactics of the City at the Legislature, but is not expected to lead such a day-to-day effort by himself. Such coordination efforts are to be resolved in a manner that are mutually agreeable to Collins and Director of Government Relations. Priority Issues for Collins The City's primary interest is focused on three initiatives. 1. Technology Incubator. Collins shall advise City on the recently secured appropriation for Technology Incubator services at the University of North Texas Health Science Center. If and when appropriate, Collins shall act as a liaison to the Comptroller and the Legislature to answer questions regarding the appropriation and to work through any issues regarding the appropriation. 2. General Appropriations Special Items and General Municipal Revenue Strategy for 80 Appropriations Session. Collins shall prepare a strategy and associated tactics for securing specific appropriations or other sources of revenue from the Legislature for the City. Fire, police and waste services are to be given priority consideration by Collins. This work will be performed and completed in a manner and time line that is mutually agreed upon by Collins and the Director of Government Relations. Collins and the City agree that no more than 6 to 12 issues can be explored over the interim for special item consideration and, furthermore, no more than three issues, generally, can be asserted and requested of the Legislature during the 80th Regular Session. Collins and Director shall work on a mutually agreeable timeline to determine which issues shall finally be presented to the Legislature. 3. Special Events Trust Fund. Collins shall work on issues relating to the Special Events Trust Fund as directed by the Director of Government Relations for the City. Specifically, as needed, Collins shall work with the Comptroll Governor's Office, the Speaker of the House and Lt. Governor and represent the City in negotiations regarding the City's application for a special event sales tax refund. Ancillary Issues There are other issues important to the City that may require the Collins's time. Collins and Director of Government Relations will develop a priority issue and time schedule so that work by the Collins for City can be coordinated in an efficient manner. 1. Gateway Park. Collins shall develop and assert a case for a special item appropriation from the Legislature to fund equipment and land acquisition for the Fort Worth Gateway Park. The amount of this appropriation is unknown. Collins shall work with all appropriate legislators, legislative staff, state agencies, city departments and appropriate others to develop a budget for the Gateway Park request. 2. Afterschool Program. Collins shall develop and assert a case for a special item appropriation or other dedicated revenue sources from the Legislature to fund the Fort Worth Afterschool Program (Afterschool). The amount of this appropriation or dedicated revenue source is unknown. Collins shall work with all appropriate legislators, legislative staff, state agencies, city departments and appropriate others to develop a budget for the Afterschool request. 3. Debt Study. Collins may develop a two page "orientation" document on a future state-sponsored initiative that considers how and for what the state might issue debt on behalf of certain key city programs, initiatives, facilities or equipment including but not limited to Fire and Police. 4. All Other Issues. Collins may consult on other appropriation/revenue matters important to the City— computer equipment for libraries, the Texas Enterprise Fund, and Tower 55, amongst others. Collins shall consider how these demands impact delivery of the Core items listed above and will make the City aware of how it intends to distribute, if at all, its time to fulfill the City's additional requests. uo +'i