Loading...
HomeMy WebLinkAboutContract 37713STATE OF TEXAS § COUNTY OF TARRANT § CONTRACT Cr'r}' u'.CRETARY coNrRAcT NO, This agreement is made and entered into by and between the City of Fort Worth ("City"), acting herein by and through its duly authorized First Assistant City Manager, Joe Paniagua, and Patrick A. Svacina, doing business as PAS Communications, hereinafter referred to as Svacina, 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 compensation set out in Section 5 herein, Svacina agrees to serve as legislative liaison for the City represent the City concerning those matters described in Exhibit "A," which is attached hereto and made a part of this contract for all purposes. 2. This contract shall begin October 1, 2008, and terminate September 30, 2009, unless terminated sooner as provided herein. This Agreement may be renewed for one additional year at the City's option. 3. Svacina agrees to cooperate with the City's Director of Governmental Relations and the City Manager, who shall relate to Svacina requests from the City. Svacina will respond to requests made by the Mayor, the Chair of the Legislative and Intergovernmental Affairs Committee, the City Manager, and the City's Director of Governmental Relations. Svacina will coordinate all responses or actions taken on the City's behalf through the Director of Governmental Relations. 4. Svacina shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Svacina 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 subconsultants. Nothing herein shall be construed as creating a partnership or joint enterprise between the City and Svacina, his officers agents, employees, and subconsultants, and the doctrine of respondeat superior shall have no application as between the City and Svacina. OFFICriAt T�°�° FT* WORTHI TX 5. In full payment and consideration for all services rendered for the contract term of October 1, 2008 through September 30, 2009, and subject to the termination provisions set out in Section 6 of this agreement, Svacina shall be paid $6,900 per month. It is understood that said payments are due and payable by City upon receipt of an invoice from Svacina. In addition to this amount, Svacina shall be reimbursed for the reasonable cost of travel, meals and lodging which Svacina incurs when the City Manager or his designee requests that Svacina travel in the performance of services reasonably related to this contract, and Svacina shall submit invoices for such expenses, supported by adequate records and statements for an amount not to exceed $3,000 for the term of this contract. Subject to Section 6 below, or unless otherwise agreed to by the parties, payment under this contract shall not exceed a total amount of $85,800. 6. The City may terminate this Agreement at any time for breach of this Agreement by providing a 10-day written notice or without cause by providing a 30-day written notice to Svacina. Upon termination, all products prepared by Svacina hereunder shall become the property of the City, and subject to Section 5 above, Svacina shall be reimbursed for related expenses incurred up to the effective date of termination, after which time all payment obligations of the City under this contract shall end. Upon termination of this Agreement for any reason, Svacina shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. City agrees to reimburse Svacina for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Svacina shall comply with Section 305.028 of the Texas Government Code. 7. Svacina shall furnish the City periodic reports on his work at such time as the City may request. 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. Svacina shall inform the City of any other municipalities or counties or transit agencies it represents and note any other clients that might represent a potential conflict of interest. If the City, at its sole discretion, believes that a conflict exists, such conflict shall be discussed by Svacina and the City and resolved to the satisfaction of the City. 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 governed by and 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 Svacina 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, or such other party or address as either party designates in writing, 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 City Attorney and Governmental Relations Director at the same address Svacina: PAS Communication Patrick A. Svacina 925 Gaye Lane Arlington, TX 76012 with copies to: Patrick A. Svacina 925 Gaye Lane Arlington, TX 76012 12. Svacina 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 hard copy and/or electronic books, documents, papers and records involving transactions relating to this Agreement. Svacina agrees that the City shall have access during normal working hours to all necessary Svacina 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 Svacina reasonable advance notice of intended audits. Svacina further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant 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 hard copy and/or electronic books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant 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 subconsultant reasonable advance notice of intended audits. WITNESS our hands thisday %J I , 2008. CITY OF RTH: By: Joe rstantCity aFirstAs Manager Date: ATTEST: By. City Secretary APPROVED AS TO FORM AND LEGALITY By: Assistant�ity Attorney Iq Date: 0 I Patrick A. Svacina�a PAS-601YIMUNJ ATIONS: Patrick A. Svacina We 1 / Date: !� ATTEST: By: Name: Title: Contract Authorization: M&c: C-a3©O?- Date Approved: o f:)�i=i�:fAL RECORD CITY SECRETARY FT: WORTH, TX EXHIBIT "A" Scope of Services 1. Svacina will serve as a legislative liaison and, in that context will, provide advice and counsel regarding those state agencies and commissions which interface with the City and will promote working relationships and goodwill between the City and key staff and board members of those state agencies and commissions, when requested by the City. 2. Svacina will generally cooperate with the City Manager to promote the passage of proposed legislative initiatives included in the City Council adopted legislative agenda/packet, in cooperation with City representatives. Svacina will assist, when requested, in acquiring sponsors for bills in the packet. 3. Svacina will inform the City (generally by contacting the City Manager) of any legislative initiatives felt to be possibly detrimental to the interests of the City, as he becomes aware of any such initiative. 4. Svacina will promote working relationships and goodwill between the City and members of the Legislature, the Executive Branch, and the staffs thereof, with particular emphasis on House and Senate leadership, key committee chairs and members, the Tarrant County delegation and members of agencies, commissions and boards. 5. Svacina will assist in introducing the City Manager to members of the Legislature and staff members, in particular the leadership and members of the Tarrant County delegation and members of agencies, commissions and boards. 6. Svacina will provide advice and counsel to the City Manager regarding legislative strategy and provide such background information as proponents, opponents, attitude of key legislators, and positions of related entities. 7. When requested by the City Manager, Svacina will, communicate with written memorandum or telephonically, summarize contacts made with legislators and key staff on behalf of the City. As the need arises, he will discuss with the City Manager coverage of key committee hearings/meetings, and Svacina will attend hearings/meetings as necessary and possible. • • •; . • • • . • DATE: Tuesday, September 30, 2008 LOG NAME: 02PAS REFERENCE NO.: **C-23079 SUBJECT: Authorize Execution of Professional Services Agreement in an Amount Not to Exceed $85,800.00 with Patrick A. Svacina, d/b/a PAS Communications, for Consulting Services Related to State Legislative and Administrative Issues and Concerns in the Upcoming State Legislative Session RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Professional Services Agreement with Patrick A. Svacina, d/b/a PAS Communications, for consulting services as a legislative liaison relative to state legislative and administrative issues. The term of the contract will be from October 1, 2008, to September 30, 2009, in an amount not to exceed $85,800.00 with a one year option to renew under the same terms and conditions. DISCUSSION: On November 28, 200C, the City Council authorized the City Manager to execute a contract with Patrick A. Savcina, d/b/a PAS Communications, (Svacina) for personal services as a legislative liaison involving appropriate services relative to state legislative and administrative issues. The current contract with Svacina is set to expire September 30, 2008. There is a continuing need to retain the services of Svacina because that it is necessary that the City be properly informed relative to state legislative and administrative issues that will be important as the 2009 session of the Texas Legislature convenes in January 2009, and runs to the anticipated adjournment in May 2009. These issues include, but are not limited to, appraisal and revenue caps, regional rail and transit funding, and regional water resources and conservation. It is necessary that the City be properly informed on these state issues in preparation for legislative hearings and in the formulation of public positions. In order to be properly informed, it is advisable that the City obtain professional representation to assist in defining state issues and crafting appropriate verbal and/or written messages relative to state issues. The term of the proposed contract with Svacina is from October 1, 2008, to September 30, 2009, with a one year option to renew under the same terms and conditions. The proposed contract requires the City to compensate Svacina at a rate of $6,900.00 per month during the initial term. Funding for the one year renewal term would need to be appropriated by the City Council at a future time, subject to the City's desire to exercise its option to renew. In addition, the City will reimburse Svacina for expenses not to exceed $3,000.00 for the term of the contract. Svacina will submit copies of receipts for reimbursement subject to the approval of the City. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in Fiscal Year 2008-2009 Logname: 02PAS Page 1 of 2 Operating Budget as appropriated of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 531200 0029000 $85,800.00 Submitted for City Manager's Office by: Joe Paniagua (8476) Originating Department Head: Reid Rector (1296) Additional Information Contact: Evonia Daniels (7504) Logname: 02PAS Page 2 of 2