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Home My WebLink AboutContract 31463 03-07-05PC : 43 RCVD CfTY OFC`RETARy STATE OF TEXAS § NO. 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 of Integrated Public, a general partnership, ("Consultant"), 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. General Provisions & Scope of Services For and in consideration of the payment of the amount of money set out in paragraph five (5), Consultant 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. Term of Contract (Dates of Service); Renewal This contract shall begin March 1, 2005, and terminate June 1, 2005, unless terminated sooner as provided herein. By May 2, 2005, Consultant and the Director of Governmental Relations or the City's designee(s) shall review and evaluate the performance of Consultant. At that time, May 2, 2005, the City may determine whether it is in the City's best interest to proceed under this contract. Should the City decide to terminate this contract it will do so in compliance with paragraph six (6) of this agreement. There shall be no automatic renewal provision for either party related to this contract. 3. Point of Contact Consultant shall cooperate with and report to the City's Director of Governmental Relations and the City Manager, who shall, in turn, relate to Consultant the City's legislative revenue and appropriations requests and goals. Consultant 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. Consultant shall coordinate all responses or actions taken on the City's behalf through the City's Director of Governmental Relations, or the City Managers designee. .. rLlP� �. ... 4. Independent Contractor Status Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Consultant 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 Consultant, his officers, agents, employees, and sub-consultants, and the doctrine of respondent superior shall have no application as between the City and Consultant. 5. Payment, Expenses, and Travel In full payment and consideration for all services furnished hereunder and in Exhibit A, and subject to the termination provisions set out in paragraph six (6) of this agreement, Consultant shall be paid a total of $24,000 in three installments: $8,000 due on March 15, 2005; $8,000 due on April 15, 2005 $8,000 due on May 15, 2005. Payments are due and payable by City upon receipt of an invoice from Consultant or his company. 6. Termination The City may terminate this Agreement at any time for breach of this Agreement by providing a 5-day written notice or terminate without cause by providing a 10-day written notice to Consultant. Upon termination, Consultant 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. Consultant 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. 7. Work Product Consultant shall perform services detailed 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. Conflict of Interest & Other Clients 'l� .•. Within ten (10) calendar days from the date of execution of this contract, Consultant shall provide City a list of other municipalities, counties, and transit agencies that he represents. Upon request, Consultant shall provide the City's Director of Governmental Relations, or the City Managers designee, a list of all other clients he represents. If Consultant 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 Consultant 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. Consultant shall comply with Section 305.028 of the Texas Government Code. 9. Venue & Law 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. Agent 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 Integrated Public 815 Brazos, Suite 200 Austin, Texas 78701 11. Access to Work Product and Records; Audit Consultant agrees that the City shall, until the expiration of three 3) ears 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. 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. Consultant 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- Consultant, 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 L- , 200 5 ATTEST: CITY OF FORT WORTH By: City ecretary Assists jci ger FNO M&C REQUIRED APPROVED AS TO FORM AND LEGALITY: (/A 1i Ald,==::�� L Assistant City-Attorney Lawre ce Collins Date:3 Date: 3 '` EXHIBIT "A" This contract for services is designed to accommodate the City's different interests in state finance and appropriation issues. The contract agreement between the two parties provides for an agreement by the Consultant to represent the City and work on the City's behalf for specific issues of priority to the City and also provides a process by which new issues can be designated as a priority. Priority Issues Consultant's primary duties are focused on three priority appropriations initiatives. Priority issues are the initiatives where Consultant is required to research, develop and actively assert a viable case for appropriations to the Legislature. Any additional initiatives brought to the Consultant's attention by the City are considered ancillary and not a part of the deliverable due to the City from Consultant. The priority issues are as follows: 1. Business Activity Center. Consultant shall develop and assert a case for a special item appropriation from the Legislature for the Fort Worth Business Assistance Center. The amount of this appropriation is unknown but will be similar in scope and amount to current law appropriations for the Small Business Development Centers. Consultant shall work with all appropriate legislators, legislative staff, state agencies, city departments and appropriate others to develop a budget for the BAC request. 2. Gateway Park. Consultant 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. Consultant shall work with all appropriate legislators, legislative staff, state agencies, city departments and appropriate others to develop a budget for the Gateway Park request. 3. Afterschool Program. Consultant shall develop and assert a case for a special item appropriation from the Legislature to fund the Fort Worth Afterschool Program (Aftershool). The amount of this appropriation is unknown. Consultant shall work with all appropriate legislators, legislative staff, state agencies, city departments and appropriate others to develop a budget for the Afterschool request. If by March 21, 2005 any of the three (3) issues above are deemed to be inappropriate or untenable (for political or policy related reasons) by Consultant or by the City, the City may require Consultant to move, on a one-to-one basis, Ancillary Issues into the Priority Issues category. Ancillary Issues Ancillary issues are not Priority Issues and Consultant is not responsible for delivering proposals for consideration by the Legislature. Consultant may informally consult with the City when and where the City requests for these identified issues as follows: 1. Afterschool Program Funding via Specialty License Plate. Consultant may informally consult with the City on state appropriations matters should the City decide to proceed with development of a specialty license plate. 2. Debt Study. Consultant may develop a two page document on a future state- sponsored study that reviews how and for what the state might issue debt on behalf of certain key city facilities or equipment including but not limited to Fire and Police. This two-page document can be expected to include appropriate background information, a request for a debt study, and draft rider language for the General Appropriations Act. 3. All Other Issues. Consultant may informally consult on other appropriation matters important to the City— computer equipment for libraries, the Texas Enterprise Fund, and Tower 55, amongst others. Consultant 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. ^4�""NUN, HX. 6