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HomeMy WebLinkAboutContract 38558 (2) CITY SECRETAPy CONTRACT NO. ,-2kf�l CONTRACT FOR PROFESSIONAL SERVICES This contract is made by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas, hereinafter called "City," acting herein by and through Karen L. Montgomery, its duly authorized Assistant City Manager and Jerry Murrish, an individual,hereinafter called "Consultant." 1. Scope of Services Consultant agrees to perform in accordance with the highest professional industry standards the following professional accounting services: 1.1 Assist in the preparation of the FY2008 and FY2009 Comprehensive Annual Financial Report(CAFR)financials in the following areas: 1.1.1 Government-wide Financial Statements 1.1.2 Fund Financial Statements 1.1.3 Financial Statement Notes 1.1.4 Account and variance analyses as required 1.2 Train staff in the preparation of CAFR financials in the following areas: 1.2.1 Government-wide Financial Statements 1.2.2 Fund Financial Statements 1.2.3 Financial Statement Notes 2. Compensation;Payment Schedule 2.1 The maximum amount to be paid to Consultant for all services performed hereunder shall be$58,500.00,which shall include all expenses incurred by Consultant. 2.2 Payment shall be made based on an hourly rate of $45.00 per hour worked on the listed scope of services,herereinafter"Consultant's Fee." �„ m OFFIUAL RECORD CITY SECRETARY FT.WORTH,TX 05-08-09 A10 : 25 IN Contract for Professional Services Jerry Murrish/City of Fort Worth Page 1 of 8 2.3 Consultant shall submit monthly invoices to the City for payment of the sums referenced in Section 2.2. 2.3.1 Invoices shall include the City's contract number and contract purchase order number, the quantity of hours worked and the dates work was performed. Time sheets covering invoiced timeframes shall be submitted with the invoices. 2.4 It is understood that this Contract contemplates the provision of full and complete consulting services for this project, including any and all necessary changes or contingencies to complete the work as outlined in Section 1, "Scope of Services," for the fee described in Section 2.2. 3. Term Unless terminated pursuant to section 4, this Contract shall be effective upon the date of execution and shall expire upon completion of all work contemplated herein, but not later than April 30, 2010. 4. Termination 4.1 The City may terminate this Contract for its convenience upon ten (10) days written notice to Consultant. Upon receipt of such notice, Consultant shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City terminates this Contract under this Section 4.1, the City shall pay Consultant for services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by Consultant documenting the performance of such work. 4.2 The City may terminate this agreement for cause in the event Consultant fails to perform in accordance with the requirements contained herein. In such event City shall give Consultant written notice of Consultant's failure to perform, giving Consultant seven (7) calendar days to come into compliance with the contract requirements. If Consultant fails to come into compliance with this Contract for Professional Services Jerry Murrish/City of Fort Worth Page 2 of 8 contract, City shall notify Consultant in writing and this contract shall be terminated as of the date of such notification. In such event,Consultant shall not be entitled to any additional compensation. 4.3 In the event no funds or insufficient funds are appropriated and budgeted by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were made without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated and budgeted. City has informed Consultant that, concurrently with approval of this Contract, City will appropriate and budget 100% of the funds specified in this Contract, so that all funds will be appropriated and budgeted prior to the commencement date of this Contract. This notification shall not otherwise abrogate the City's right to terminate for non-appropriation of funds. 4.4 Upon termination of this Contract for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this contract. 5. Liability,Indemnification and Release 5.1 Consultant shall be liable for and shall indemnify and hold the City and its officers, agents and employees harmless for any loss, damage, liability or expense for damage to Property and iniuries, including death, to any person, including but not limited to officers, agents or employees of Consultant or subcontractors, which may arise out of any negligent act, error or omission in the Performance of Consultant's Professional services. Consultant shall defend at its own expense any suits or other proceedings brought against the City, its officers, agents and employees, or any of them, resulting from such negligent act, error or omission; and shall pay all expenses and satisfy all iudgments which may be incurred by or rendered against them or any of them in connection therewith resulting from such negligent act, error or omission. 5.2 In addition to the indemnification requirement above, Consultant hereby releases Fort Worth from any liability for injury or property damage incurred during this contract, unless such injury or property damage was the result of intentional conduct committed by an employee of the City. Consultant shall not permit any employee, officer, and agents of the Consultant or any Contract for Professional Services Jerry Murrish/City of Fort Worth Page 3 of 8 employees, officers or agents of any subcontractor to perform any activity under this contract without first executing a release containing such provisions. 6. Independent Contractor Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the exclusive right to control,the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors.Nothing herein shall be construed as creating a partnership or joint venture between the City and the Consultant, its officers, agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the Consultant. 7. Disclosure of Conflicts; Confidentiality 7.1 Consultant warrants to the City that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Contract. 7.2 Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 8. Right to Audit 8.1 Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, Contract for Professional Services Jerry Murrish/City of Fort Worth Page 4 of 8 documents, papers and records of the Consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant 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 Consultant reasonable advance notice of intended audits. 8.2 Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor 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 subcontractor involving transactions to the subcontract at no additional cost to the City, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 9. Prohibition of Assignment Neither party hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 10. M/WBE Goals; Nondiscrimination. 10.1 In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority and woman business enterprises in City contracts. Consultant acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three(3)years. Contract for Professional Services Jerry Murrish f City of Fort Worth Page 5 of 8 10.2 As a condition of this Contract, Consultant covenants that it will take all necessary actions to insure that, in connection with any work under this Contract, Consultant, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. 11. Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 12. Force Majeure The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 13. Choice of Law; Venue 13.1 This contract shall be governed by and construed in accordance with the internal law of the State of Texas. 13.2 Should any action,whether real or asserted, at law or in equity, arise out of the terms of this Contract,venue for said action shall be exclusively in the District or Federal Courts in Fort Worth, Tarrant County, Texas. 14. Entirety of Agreement Contract for Professional Services Jerry Murrish/City of Fort Worth Page 6 of 8 This Agreement contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. [SIGNATURE PAGE FOLLOWS] Contract for Professional Services Jerry Murrish/City of Fort Worth Page 7 of 8 IN W'TNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of 12009. CITY OF FORT WORTH: Karen L. Montgomery JERRY MURRISH: Assistant City Manager B � B y• . Q A 4A4n V?L4AA4 � y Na � /� l . Date: ` Ti Date: ATTEST: ATTEST: By: By: City Secre APPROVED AS TO FORM AND LEGALITY: 13 96mz Assis t City Attorney CONTRACT AUTHORIZATION: M&C: C- ';� 3�3�5 Date Approved: OFFICIAL RECORD CITY$ECRETARY Contract for Professional Services FT.WORTH,TX Jerry Murrish/City of Fort Worth Page 8 of 8 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/14/2009 DATE: Tuesday,April 14, 2009 REFERENCE NO.: **C-23435 LOG NAME: 13MURRISHFY08-09 SUBJECT: Authorize a Contract for Professional Accounting Services with Jerry Murrish for Completion of the Fiscal Year 2008 and 2009 Comprehensive Annual Financial Reports in an Amount Not to Exceed$58,500.00 RECOMMENDATION: It is recommended that the City Council authorize a contract for professional accounting services with Jerry Murrish for an amount not to exceed$58,500.00. DISCUSSION: Mr.Jerry Murrish has provided the City of Fort Worth assistance with the Fiscal Year 2006 and 2007 Comprehensive Annual Financial Reports(CAFRs). Staff recommends securing Mr. Murrish's services to assist with the preparation of the Fiscal Year 2008 and 2009 CAFRs. Mr. Murrish will be utilized to assist in the following areas: •Government—wide Financial Statements; •Fund Financial Statements; •Financial Statement Notes; and •Train City staff on Financial Statement Compilation Mr.Murrish's services will be needed for approximately 32 weeks. The fee for his services is an hourly rate of$45.00 per hour. M/WBE–A waiver of the goal for M/WBE subcontracting requirements was requested and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current operating budget of the General Fund. No funds are budgeted;however, savings will be used to fund the services. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GGO1 539120 0132010 $58,500.00 CERTIFICATIONS: Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Lena Ellis (8517) Additional Information Contact: Mae Gray—Rossi (8325) ATTACHMENTS 1. accountverification.pdf 2. Jeay Murrish.doc 3. MWBEWvrMurrish.pdf