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HomeMy WebLinkAboutContract 29377 r CITY SECRETARY r� CONTRACT NO. I STATE OF TEXAS § COUNTY OF TARRANT § PROFESSIONAL CONSULTING 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 City Manager, Gary Jackson, and Virginia M. Mayer, whose principal office is located at 6104 Wooten Drive, Falls Church, VA 22044, hereafter called "Consultant". 1. SCOPE OF SERVICES Consultant agrees to perform in accordance with the highest professional standards the following professional and personal services: Consulting services with regard to federal programs and policies and development of a strategy to assist Fort Worth articulating its needs and assets in connection therewith as more specifically described in the attached and incorporated Exhibit "A". 2. COMPENSATION A. The maximum amount to be paid to Consultant for all services performed and expenses incurred shall not exceed $14,000.00. A professional fee of Twelve Thousand Dollars ($12,000), and reasonable and necessary documented expenses in an amount not to exceed Two Thousand Dollars ($2,000). B. The professional fee will be billed in three equal monthly installments of$4,000.00. C. Expenses shall be billed by Consultant on a monthly basis and must be supported by receipts to be reimbursable, in addition to approval by the City Manager or his designee. f I j=, 4\1CI7��"l'� l�L(IIIf111�7"W kF Y •.VN�I�iY VY TEL'. H. 3. TERM The term of this Agreement shall be October 1, 2003 through December 31, 2003, with a one-year renewal option upon agreement of the parties. 4. TERMINATION A. City may terminate this Agreement at any time for cause or for the convenience of the City by notice in writing to Consultant. Upon the 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 Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. If the City terminates this Agreement for convenience pursuant to this Section, the City shall pay Contractor for services actually and satisfactorily performed in accordance herewith prior to such termination, in accordance with a final statement submitted by Consultant documenting the performance of such work. Consultant shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. B. In the event insufficient funds are appropriated by the City Council 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 made without penalty or expense to City of any kind whatsoever. C. Upon termination of this Agreement for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. 5. CONFIDENTIALITY No reports, documentation, project evaluation, project designs, data or other information developed by, given to, prepared or assembled by Consultant under this Agreement shall be disclosed or made available to any individual or organization by Consultant without the express prior written approval of the City. 6. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by the City, all reports, information, data, and other deliverables given to, prepared or assembled by Consultant under this Agreement, and other related documents or items shall become the sole property of the City and shall be delivered to the City, without restriction on future use. Consultant may retain copies for its files. 7. INDEMNIFICATION; LIABILITY A. Consultant shall indemnify and hold the City and its officers, agents, and employees harmless from any loss, damage liability or expense for damage to property and injuries, 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 this Agreement. 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 judgments which may be incurred by or rendered against them or any of them in connection therewith resulting from such negligent act, error or omission. B. Approval of City shall not constitute nor be deemed a release of the responsibility of the Consultant, its employees, agents or associates for the accuracy and competency of their designs, reports, information, and other documents or services, nor shall approval be deemed to be the assumption of such responsibility by City for any defect, error or omission in the documents prepared by the Consultant, its employees, agents or associates. 8. 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. 9. DISCLOSURE OF CONFLICTS Consultant warrants to the City of Fort Worth 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 which develop subsequent to the signing of this Agreement. � ,J',, �E,,, 10. RIGHT TO AUDIT A. Consultant 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 books, documents, papers and records of the consultant 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 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. B. Consultant further agrees to include in all its permitted subcontractor agreements hereunder a provision to the effect that the subcontractor agree that the City shall, until the expiration of three (3) years after final payment under the subcontractor, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor involving transactions to the subcontractors, 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. 11. COMPLIANCE WITH MNVBE ORDINANCE Consultant shall comply with the provisions of the City's Minority and Women's Business Enterprise Ordinance, as amended. 12. 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. 13. CHOICE OF LAW: VENUE A. The Agreement shall be construed in accordance with the internal law of the State of Texas. B. Should any action, at law or in equity, arise out of the terms of this Agreement, exclusive venue for said action shall be in Tarrant County, Texas. Ik C-_: .e 4 EXECUTED on this, the day of C%,T0tFP, , 2003. ATTEST: City of Fort Worth: By: Cityrecretar/— JO niag Aslant City Manager APPROVED AS TO FORM AND LEGALITY: CONSULTANT: A44-7citykAttorney Vir*ia M. Mayer L I G wqc Contract Authorization Date EXHIBIT "A" SCOPE OF SERVICES 1. Virginia Mayer (Mayer) will assist the City of Fort Worth with strategic planning related to its federal agenda, including clearly articulating goals set by the Mayor, Council and City Manager and identifying opportunities both within the federal budget and with private and non-profit organizations. These opportunities include funding, technical assistance and positive exposure for Fort Worth's initiatives. 2. Mayer will participate in a strategic planning session in the fall in Fort Worth with Bracy Tucker Brown (BTB) to plan the City's federal agenda and then be available to participate in other planning sessions as appropriate. 3. Mayer will work closely with BTB in the design and execution of the City's federal agenda, including legislative proposals, appropriations priorities and other initiatives that address the city's priorities. 4. Mayer will work with City staff, BTB and others to advance the Urban Villages initiative - including packaging the proposals for funding, identifying possible technical assistance and other efforts. 5. Mayer will work with BTB on the City's Transportation priorities, including reauthorization of T-3 and specific funding and legislative priorities. 6. Mayer will work with City staff, BTB and various housing-related organizations and agencies to further the City's housing priorities. 7. Mayer will assist in the planning of Washington meetings for the Mayor, City Council members, the City Manager and staff and attend as appropriate. 8. Mayer will respond to requests made by the Mayor, City Council and City Manager, in coordination with BTB and will be available for priority assignments as they arise. 9. Mayer will attend and represent the interest of the City in meetings of city and urban organizations in Washington, DC. 10. Mayer will provide quarterly formal reports to the City Council and the City Manager detailing activities undertaken in Washington on behalf of the City.