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HomeMy WebLinkAboutContract 48167-R1A1 CITY SECRETARY CONTRACT NO '$10 -R IAI FIRST RENEWAL OF AND AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 48167 FOR AUDIT SERVICES This First Renewal of and Amendment to Fort Worth City Secretary Contract No. 48167 for Audit Services ("Renewal") is made and entered into this jif-h day of M , 2019, by and between the City of Fort Worth (the "City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Weaver and Tidwell, L.L.P., a Texas limited liability partnership ("Weaver"), acting by and through its duly authorized partner. WITNESSETH: WHEREAS, the City and Weaver are currently parties to a contact for audit services, the same being Fort Worth City Secretary Contract No. 48167 (the "Agreement"); and WHEREAS, the Agreement provides for an initial three-year term and two renewal options of one year each; and WHEREAS, the current term of the Agreement expires August 3, 2019; and WHEREAS, the City and Weaver wish to exercise the first option and renew and extend the Agreement for a first one-year Renewal Term, to establish the fee to be paid for services during the Renewal Terms, and to amend the Agreement to incorporate language required under recently enacted Texas law. NOW THEREFORE, in consideration of the foregoing and the mutual covenants and agreements contained herein, City and Weaver hereby agree as follows: 1. That City and Weaver mutually agree to renew and extend Fort Worth City Secretary Contract No. 48167 for a one-year first Renewal Term under the same terms and conditions unless otherwise amended herein, with such Renewal Term to begin August 4, 2019, and to expire August 3, 2020, unless terminated earlier in accordance with the provisions of the Agreement. 2. That Fort Worth City Secretary Contract No. 48167 is hereby amended to revise the paragraph starting "Our fee will be paid..." in the "Other" section of the Contract on page 9 and 10 to read as follows: RECEIVED Our fee will be paid in accordance with the agreed upon hourly rate of our MAY 15 201g personnel who perform services under this engagement letter in accordance with the provisions of this engagement and the Payment Schedule attached as CITYOFEORTWCRTH Appendix" C," which is incorporated for all purposes herein; however, total CITY SECRETARY payment made under this engagement for all services shall not exceed OFFICIAL RECOORD Renewal—Audit Services CITY! Ce1 E? _RY FT. W RTH,TX $2,340,000.00 during the initial term. Total payment made under the engagement for all services shall not exceed $850,000.00 during the first Renewal Term and, if the engagement is extended for a second Renewal Term, shall not exceed $900,000.00 during the second Renewal Term. We shall not perform any additional services for you not specified by this engagement letter unless you request and approve in writing the additional costs for such services. You will not be liable for any additional expenses we encounter that are not specified by this engagement letter unless you first approve of such expenses in writing. The fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Our fee is based upon the complexity of the work to be performed and the tasks required. Fees for our services are due upon receipt of our invoice. For bills not paid within 60 days of the billing date, a late charge will be added to the outstanding balance. The late charge will be calculated using the then current "prime rate" charges commercial customers by Bank of America, up to a maximum annual percentage of.5%. 3. That Fort Worth City Secretary Contract No. 48167 is hereby amended to revise Appendix A to add new Sections 11.1 and 11.2 to read as follows: 11.1 Prohibition on Contracts with Companies that Boycott Israel Weaver acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing the Renewal, Weaver certifies that Weaver's signature provides written verification to the City that Weaver and any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Weaver (1) do not boycott Israel; and (2) will not boycott Israel during the initial term or any Renewal Term of the Agreement. 11.2 Prohibition on Engaging in Business with Certain Countries and Terrorist Organizations To the extent the Agreement or Renewal constitutes a governmental contract within the meaning of Section 2252.151 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2252 of the Texas Government Code, and except to the extent otherwise required by applicable federal law, by signing the Renewal, Weaver certifies that neither Weaver, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of Weaver (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Renewal—Audit Services Page 2 of 3 Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph the meaning assigned to such term in Section 2252.151 of the Texas Government Code. 4. All other terms and conditions of Fort Worth City Secretary Contract No. 48167 that are not amended herein shall remain in full force and effect throughout the first Renewal Term. IN WITNESS WHEREOF, the parties hereto have executed this Renewal, this 14 daY of d low , 2019. JD CITY OF FORT WORTH WEAVER AND TIDWELL,L.L.P. SusapAlanis Kevin A. Sanford Assistant City Manager Partner CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. _�—grw�� Anthony Rousseau, Assistant Director— Financial Management Services Department Approved as to Form and Legality: Denis C.UcElroyblsistant City Attorney M&C Requi-red 1:0IR� , Attest,'/�o �Cy By: M Kayser, City Secr ary �k OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Renewal—Audit Services vago