HomeMy WebLinkAboutContract 30884STATE OF TEXAS §
COUNTY OF TARRANT §
CONTRACT
CITY SE�REI'ARV'�
C�NTRACT 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 Acting Assistant
City Manager, Joe Paniagua, and Charles W. Evans ("Evans"), 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 money set out in
Paragraph 5, Evans agrees to represent the City concerning legislative and
administrative matters before members of the Texas Legislature and officials of
state administrative agencies and boards, both during the official sessions of the
Texas Legislature and at other times dt�ring the term of this contract, upon
request of City. More specifically, Evans agrees to perForm the personal services
described in Exhibit "A", which is attached hereto and made a part of this
contract for all purposes.
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This contract shall begin October 1, 2004, and terminate September 30,
2005, unless terminated sooner as provided herein. In addition, City shall have
the option to renew and extend this contract for the period beginning October 1,
2005, and terminating on September 30, 2006, under the same terms and
conditions as provided herein. City shall give Evans written notice by certified
mail of the exercise of such option not less than thirty (30) days prior to the
expiration of the initial one-year term hereof.
3.
Evans agrees to cooperate with the City's Director of Governmental
Relations and the City Manager, who shall relate to Evans requests from the _
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City. Evans will 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. Evans will coordinate all responses or
actions taken on the City's behalf through the Director of Governmental
Relations.
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Evans shall perForm all work and services hereunder as an independent
contractor and not as an officer, agent, servant or employee of the City. Evans
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 Evans, his officers agents, employees, and subconsultants, and the
doctrine of respondeat superior shall have no application as between the City
and Evans.
5.
In full payment and consideration for all services furnished hereunder, and
subject to the termination provisions set out in paragraph 6 of this agreement,
Evans shall be paid $7,500.00 per month during each month in which the
legislature is in session and $6,500.00 per month during each month in which the
legislature is not in session for the term of this contract. It is understood that
said payments are due and payable by City upon receipt of an invoice from
Evans or his company (Government Affairs Ltd).
In addition to this amount, Evans shall be reimbursed for the reasonable
cost of travel, meals and lodging which Evans incurs when the City Manager or
his designee requests that Evans travel in the performance of services
reasonably related to this contract, and Evans shall submit invoices for such
expenses, supported by adequate records and statements for an amount not to
exceed $5,000 for the term of this contract.
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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 Evans. Upon termination, all products prepared by
Evans hereunder shall become the property of the City, and Evans 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.
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Upon termination of this Agreement for any reason, Evans shall provide the City
with copies of all completed or partially completed documents prepared under
this Agreement. City agrees to reimburse Evans for the cost of such copies at
the rate published in the Texas Administrative Code in effect as of the time
copying is perFormed.
7.
Evans 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 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.
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Evans 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 Evans and the City and
resolved to the satisfaction of the City.
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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.
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 Evans 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.
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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
Owner:
Charles W. Evans, Attorney at Law
Governmental Affairs, Ltd.
P. O. Box 1864
Austin, TX 78767
with copies to:
Charles W. Evans, Attorney at Law
1504 San Antonio Street
Austin, TX 78701
12.
Evans 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 involving
transactions relating to this Agreement. Evans agrees that the City shall have
access during normal working hours to all necessary Evans 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 Evans
reasonable advance notice of intended audits.
Evans 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 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.
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WITNESS our hands this� day of l� , 2004
ATTEST:
CITY OF FORT WORTH
BY:
City Secre ry Assist t i y er
APPROVED AS TO FORM AND LEGALITY
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Assistant City ttorney
Date: ��-' 7 — 0 �i
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Charles Evans
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Scope of Services
1. Evans 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. Evans will generally cooperate with City Manager to promote the
passage of proposed legislative initiatives included in the City Council adopted
legislative agenda/packet, in cooperation with City representatives. Evans will
assist, when requested, in acquiring sponsors for bills in the packet.
3. Evans will inform the City (generally by contacting 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. Evans 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. Evans will assist in introducing City Manager to members of the
Legislature and staff inembers, in particular the leadership and members of the
Tarrant County delegation and members of agencies, commissions and boards.
6. Evans will provide advice and counsel to 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 City Manager, Evans 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 City Manager coverage of key committee hearings/meetings, and Evans will
attend hearings/meetings as necessary and possible.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/2/2004
DATE: Tuesday, November 02, 2004
LOG NAME: 02EVANSCHARLIE REFERENCE NO.: C-20380
SUBJECT:
Personal Services Contract with Charles W. Evans for Consultation and Representation on State
Issues
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a one-year contract agreement in an amount not to exceed
$95,000 with Charles W. Evans for personal services involving consultation with the City of Fort Worth and
representation of the City before the state legislature, state agencies and the Office of the Governor; and
2. Approve a term for the recommended contract from October 1, 2004 to September 30, 2005 with a
one-year option to renew at the same terms and conditions.
DISCUSSION:
The City of Fort Worth retains outside legislative consulting services in order to maintain resident expertise
regarding the City's relationship with the State Legislature. The role of an outside consultant is to assist the
City in promoting and protecting its legislative interests in Austin. The current contract expired on
September 30, 2004.
Charles Evans, a former member of the Texas Legislature, has proved to be extremely effective in assisting
the City in accomplishing its state legislative initiatives as well as assisting with the interim activities of the
Legislature when that body is not in session.
The contract requires Mr. Evans to provide advice and counsel regarding state agencies and commissions
as well as provide assistance in promoting passage of legislative initiatives for the City during legislative
sessions. The terms in the contract call for the City to compensate Mr. Evans at a rate of $7,500 per month
during the months that the Texas Legislature is in session and $6,500 in all other months.
The City, under the contract terms, does not reimburse Mr. Evans for expenses other than those expenses
incurred by Mr. Evans when he is requested to travel to Fort Worth by City Council or City staff. The
reimbursable expenses shall not exceed $5,000 for the one-year contract term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director ce�tifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
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TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0905500 0.00
Submitted for City Manager's Office bx:
Originating Department Head:
Additional Information Contact:
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