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HomeMy WebLinkAboutContract 42326 CITY SECREETARY CONTRACT NO. 3 a PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City' or "FTW"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Karen L. Montgomery, its duly authorized Assistant City Manager, and CITYBASE.NET, INC., ("Consultant" or "LFM"), acting by and through Lewis F. McLain, Jr., its duly authorized president. The City and Consultant are individually referred to herein as a party and collectively referred to as parties. RECITALS: WHEREAS, Consultant is highly qualified to construct and maintain a Sales Tax Analysis & Reporting System; and WHEREAS, this service is a critical component of a broader Revenue Management System; and WHEREAS, this service will allow for analyzing and reporting of sales tax data to enable the City to better understand internal shifts in the sales tax base; and WHEREAS, the services and products provided will assist the City in recognizing revenue vulnerabilities and to better understand the current and historical data as well as to forecast future sales tax revenues. NOW THEREFORE, for mutual and valuable consideration and covenants set forth herein, the parties do hereby agree as follows: I. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional consulting services for the purpose of constructing and maintaining a Sales Tax Analysis & Reporting System. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of Services, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall be effective as of March 9, 2010 ("Effective Date") and shall have a one year term ("Initial Term"), unless terminated earlier in accordance with the provisions of this Agreement. Following expiration of the Initial Term, this Agreement shall automatically renew for one additional year ("Automatic Renewal Term"), unless terminated earlier in accordance with the provisions of this Agreement. Following the Automatic Renewal Term, the City shall have the option to renew this Agreement for one additional year under the same terms and conditions. The City shall provide Contractor with thirty(30)days prior written notice of its intent to renew. 3. COMPENSATION, The City shall pay Consultant fees in an amount not to exceed $25,000.00 ("contract amount")for the Initial Term, and for each Renewal Term in accordance with the provisions of this Agreement and the Fee Schedule attached as Exhibit "B," which is incorporated for all purposes herein. The City shall reimburse Consultant for expenses for any item(s) Consultant is required to procure in order to perform its obligations under this Agreement. Such reimbursement shall not exceed $1,500.00. Consultant shall not perform any additional services for the City_n M specified by this Agreement unless the City requests and approves in writing the at-costs for �uch services. The City shall not be liable for any additional expenses of Coins ultan . s � this Agreement unless the City first approves such �t4.. expenses in writing. ' PAZ Services Agreement Nor CityBase.Net, Inc. Page 1 of 9 4. TERMINATION. 4.1. Written Notice. The City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Non-a ro riation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate 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 as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.3 Duties and Obli ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. 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. f. RIGHT TO AUDIT. 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 at reasonable times any directly pertinent books, 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 work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. 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 expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, 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 notice of intended audits. Services Agreement CityBase.Net, Inc. Page 2 of 9 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY►4ND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT A C T(S) OR OMISSION(S), MA LFEA SA NCE OR INTENTIONAL MISCONDUCT OF CONSULTANT ,1 OFFICERS,AGENTS,, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS., SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED B Y THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. The Consultant shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: • Commercial General Liability—Requirements waived • Automobile Liability Insurance—Requirements waived ■ Professional Liability (Errors & Omissions) in the amount of $1,000,000 per claim and $1,000,000 aggregate limit. General Insurance Requirements: Services Agreement CityBase.Net, Inc. Page 3 of 9 • All applicable policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. • A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. • The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. • Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. • Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non- discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To The CITY: To CONSULTANT: City of Fort Worth CityBase.Net Inc. Attn: Horatio Porter, Budget Officer Attn: Lewis F. McLain, Jr., President 1000 Throckmorton Street 4906 Morning Glory Way Fort Worth, TX 76102 McKinney, TX 75070 Phone: 817-392-2379 Phone: 972-562-7075 Fax: 817-392-8502 Fax: 14. SOLICITATION OF EMPLOYEES. Neither the City nor Consultant shall, during the term of this agreement and additionally for a Services Agreement CityBase.Nat, Inc. Page 4of9 period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this agreement, without the prior written consent of the person's employer. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 16. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be Construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. 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. 19. 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. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its Counsel have reviewed and revised this Agreement and that the normal rules of Construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. AMENDMENTS/MODIFICATIONS/EXTENSTIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. Services Agreement CityBase.Net, Inc. Page 5 of 9 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, 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. 24. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [SIGNATURE PAGE FOLLOWS] Services Agreement CityBase.Net, Inc. Page 6 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of r 2 V CITY of FORT WORTH: CITYBASE.NET, INC.: C By: By: y Karen L. Montgomery Lewis F. McLain, Jr. Assistant city Manager President Date:e Date. ATTEST: ATT ST: F � c ` r. Marty Hendr Name: City Secretary �. �, �, Title: g %F-a o '" 80 � 10.1 � APPROVED AS TO FORM AND L � a o a a 0 B . 0a d� 4 �p Male hia B. Farmer 000000000 .4Y Assist brit City Attorney 47 S CONTRACT AUTHORIZATION: M&C: C-24134 Date Approved: March 3, 2010 q-tCL rt-T r1i jV( Services Agreement CityBase.Net, Inc. Page 7 of 9 EXHIBIT A SCOPE OF SERVICES Services Agreement CityBase.Net, Inc. Page 8 of 9 EXHIBIT B FEE SCHEDULE Services Agreement CityBase.Nef, Inc. Page 9 of 9 Exhibit A Scope of Services FTW has provided LFM with confidential sales tax data provided by the State Comptroller's Office for the 24-month period ending December 2009. LFM prepared an analysis and prototype report to FTW to establish the nature of the information that will be provided to FTW by LFM on either a monthly or quarterly basis as desired by FTW. The prototype report contained confidential data, which makes it against the law to include as an attachment to this contract. However, FTW staff will attest that they have received a prototype report and LFM attests that the services to be provided shall be consistent with the prototype report. A description of the prototype report is as follows: • First and foremost, LFM and FTW will at all times adhere to all state laws requiring that the confidential sales tax files be used for the intended purpose of economic forecasting and will be kept confidential. • LFM shall prepare a comparison of overall sales tax performance of FTW to a comparable city list of the city's choosing. This comparison will be made in summary form using the database made public by the State Comptroller. ■ FTW shall request from the State Comptroller and provide to LFM the confidential sales tax database/files in electronic format on a monthly basis. • LFM shall reconcile State Comptroller confidential files to revenues as shown on actual public receipt reports. FTW shall be responsible for soliciting information from the State Comptroller regarding any significant variances. ■ LFM shall produce new businesses added list from state files and track them into the actual revenue files. • LFM shall produce a list of businesses that have been removed from the list or that appear to be delinquent on payments. The results of the watch list and the resolution of such accounts shall be the responsibility of FTW; however, LFM shall take significant delinquent or removed businesses into consideration for forecasting purposes. ■ LFM shall produce an analysis and report of all audit adjustments designated in the sales tax confidential file, if made available by the State Comptroller. Audit adjustments, both positive and negative, can be significant and need to be incorporated into consideration for forecasting purposes. ■ LFM shall produce rolling 12-month reports to smooth out monthly variations and be more helpful for trend analysis. This information shall also be prepared in graphical form for the Top Payers that represent at least 80%of the total sales tax revenues. ■ LFM shall prepare a Revenue Vulnerability report to isolate those larger taxpayers that might be non-recurring or particularly subject to change — such as for major construction projects, mineral extract companies, etc. r • LFM shall produce summaries by North American Industry Classification System (NAILS) code at the 3-digit and 5-digit level. These summaries will be used to analyze industry groups and to separate sales tax receipts into two broad categories: 1) Retail Consumer and 2) Business-to- Business. The forecasting model shall include different methodologies to forecast each of these two components. LFM shall prepare a rolling 12-month sales tax forecast at the business level that can be summarized at the NAIC S code level. LFM is responsible for documenting assumptions in conjunction with key FTW staff input. However, neither LFM nor FTW can assure the future economic forecasted events will materialize nor is there any control over individual business decisions by significant sales tax payers. Timetable FTW shall provide the confidential sales tax files obtained from the State Comptroller as soon as available each month. LFM shall prepare and present analyses and reports to FTW within 10 business days of the monthly or quarterly report option dates. For instance, if FTW elects to have reports prepared quarterly, the confidential sales tax data shall be given to LFM monthly, and LFM shall have 10 business days to render analyses and reports to FTW upon receipt of the monthly data that completes a quarter of data. The quarterly time cycle is at the option of FTW, either calendar quarter or collection quarter. For instance, the collection quarter for calendar quarter ending in December would be following February. Term of Agreement& Fees A fee schedule can be found in Exhibit B. The fees are based on the length of the contract. The City of Fort Worth has selected to engage LFM for a period of three years. FTW has also elected to receive the analyses and reports prepared by LFM on a quarterly basis. Therefore, the fee shall be $6,200 per quarter. The payment shall be due to LFM upon receipt of the report by FTW. An invoice shall be sent in advance so that payment can be processed and ready to be released upon receipt of the monthly or quarterly report. Fort Worth can elect to switch from a quarterly report basis to a monthly report basis at any time, and the attached fee schedule shall apply. For instance, the $5,200 quarterly fee shall be changed to a $2,950 monthly fee if FTW elects to receive the analyses and reports on a monthly basis. Ownership of Data & Work Products This Agreement is intended to be a service agreement and is not a software sale or lease. Therefore, LFM and FTW agree to these following items. • LFM's work product given to FTW shall be in the form of Adobe PDF files. There will be no paper reports. All PDF files shall be delivered to only one designated FTW staff person. • LFM will use Excel 2007 (and Excel 2010 when released), SQL Reporting Services, Crystal Reports and several other Business Intelligence software tools LFM finds ideal for this service. These work products belong to LFM and shall not be the property of FTW. • The raw sales tax data belongs to FTW. • The compiled and analyzed sales tax data, including forecasting models shall belong to LFM. ■ LFM will allow FTW to take possession of any work products under the following conditions: • The contract period has expired or the contract has otherwise been terminated. • The work product can be used for internal uses only. • The work product cannot be given or shown to other cities, a private vendor, individual or anyone outside the City. • Any In-House enhancements to the work products shall belong to FTW, but will have the same constraints as the transferred work products. • Any enhancements to the work product by LFM shall not accrue to FTW unless LFM is compensated. • CityBase does not have a work product designed to be used "off-the-shelf." Therefore, there could be training required by CityBase that would be accomplished under a separate fee based on the experience of the in-house individual designated to be trained and the time involved to conduct the training. Confidential Information & Security All of the information will be kept confidential in accordance with state laws. CityBase would prefer to exchange data and products through one City employee so that a clear "chain of custody" is documented. Public Information LFM prepares city-to-city comparisons on a monthly basis, all of which is from data available to the public through the State Comptroller's Office. This data is shared with governmental entities statewide and has a high probability of being reported by the news media. LFM reserves the right to publish data of this nature that might include the City in comparisons with other cities but under no circumstances would involve any of the confidential data. See http,-//www.citybase.net/SalesTaxStrengthlndex. Is: '7"ate Lewis F. McLain, Jr. President, CityBaseNet, Inc. Accepted: ate Karen Montgomery 16 Assistant City Manager Approved to Form and Legality: Date ao2i �Q Maleshia Farmer Assistant Ci Attorney 0 0000000 !TA 0 0 0.4 t 0 4,0p'C111'q'[�h� Attested by: °0�� o oo*rte Marty Hendrix, Ci Secretary �XAS.���a OFFICIAL F CITY SEC Y i FT. WC3E Exhibit B CityBase,,Net,, inc. Sales Tax Analysis, Forecasting & Reporting Services Proposed Fee Schedule for Fort Worth CONTRACT PERIOD SERVICE LEVEL OPTIONS ONE-TIME 1 YR 2 YR 3 YR INITIAL SETUP&FIRST REPORT $19,950 INCLUDED OPTION TO TURN OVER WORK PRODUCTS* $4,950 INCLUDED MONTHLY UPDATES/ONGOING ENHANCEMENTS $4,9501 $3,950 $2,950 QUARTERLY UPDATES/ONGOING ENHANCEMENTS $8,450 $7,450 $6,200 TOTAL COSTS $24,900 . MONTHLY UPDATES/ONGOING ENHANCEMENTS N/A $59,400 $94,800 $106,200 QUARTERLY UPDATES/ONGOING ENHANCEMENTS N/A $33,800 $59,600 $74,400 COST PER YEAR MONTHLY UPDATES/ONGOING ENHANCEMENTS N/A $59,400 $47,400 $35,400 QUARTERLY UPDATES/ONGOING ENHANCEMENTS N/A $33,800 $29,800 $24,800 City of Fort Worth, Texas 0 0 0 Mayor a COUNCIL ACTION: Approved on 3/23/2010 DATE: Tuesday,March 23,2010 REFERENCE NO.: **C-24134 LOG NAME: 02SALES TAX CITY BASE SUBJECT: Authorize a Professional Services Agreement with CityBase.Net,Inc.,for an Amount Not to Exceed $75,000.00 for Consulting and Development of a Sales Tax Analysis and Reporting System RE MME DATI : It is recommended that the City Council authorize the City Manager to enter into a Professional Services Agreement with CityBase.Net,Inc.,to provide Consulting and Sales Tax Analysis and Reporting Services in an amount not to exceed$75,000.00 for the next three years. DISCUSSION: Sales tax is the second largest revenue source for the General Fund and one of the most volatile due to consumer spending and consumer confidence influences. Staff has identified the need to have a well—developed analysis and reporting mechanism in place.This Agreement will allow the City to work with CityBase.Net,Inc.,to develop a comprehensive analysis of sales tax within the city limits.This information will be used to develop the sales tax forecast for the Fiscal Year 2011 budget. The City of Fort Worth(City)will work with Lewis F.McLain,Jr., President of CityBase.Net,Inc.,on this project. Mr. McLain has specialties in Impact Fees,Water and Sewer Rate Studies,Stormwater Drainage Fees,Multi—Year Financial Planning,Budgeting and Performance Analyses,Computer Modeling(Excel), Financial Analyses,Build—out Analyses and Real Estate and Economic Feasibility Analyses. He has previously worked with the Government Finance officers Association of Texas(GFOAT)and numerous local municipalities such as the City of Arlington,Dallas County,the City of Grand Prairie,the City of Grapevine,the City of North Richland Hills,the City of Plano and the City of Southlake. TERM AND RENEWAL–The initial term of this Agreement will be for one year beginning March 9,2010,and ending March 9, 2011. At the City's option,this Agreement may be renewed for two additional one year periods unless terminated by either party.Renewal of the Agreement will not require additional specific City Council approval as long as the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. MIWBE− A waiver of the goal for MIWBE subcontracting requirements was requested by the City Manager's office and approved by the MIWBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMAJION: The Financial Management Services Director certifies that funds are available in the current operating budgets, as appropriated, of the General Fund. FUND CENTERS: JQ Fun ccount/Centr,O FROM Fund/Account/Centers QO1 531200 090100 CERTIFICATIONS: Submitted for City Manager's Office by: Karen L. Montgomery (6222) Originating Dellartment Head: Horatio Porter (2379) Additional Infumation Coutrt: Sandra M. Garcia (8512) ATTACHMENTS Z. MWBE Waiver.ndf