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HomeMy WebLinkAboutContract 33037 CITY CONTRACT N Y STATE OF TEXAS § --"� 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 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 Section Five (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 during 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. 2. This contract shall begin December 1, 2005, and terminate August 31, 2007, unless terminated sooner as provided herein. 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 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. 4. 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 before the execution of this contract from October 1, 2005 through November 30, 2005, Evans shall be paid $13,000.00. In full payment and consideration for all services furnished after December 1, 2005, and subject to the termination provisions set out in Section Six (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 $10,000 for the term of this contract. 6. 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. 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. Evans shall comply with Section 305.028 of the Texas Government Code. 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. 8. 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. 9. 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. -1 T 11. All written notices called for or required by this Agreement shall be addressed to the following, or such other parry or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: City: Evans: City of Fort Worth Charles W. Evans, Attorney at Law Attn: City Manager Governmental Affairs, Ltd. 1000 Throckmorton P. O. Box 1864 Fort Worth, TX 76102 Austin, TX 78767 with copies to: with copies to: The City Attorney and Charles W. Evans, Attorney at Law Governmental Relations 1504 San Antonio Street Director at the same address 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. i� ( WITNESS our hands this day o 200 ATTEST: CITY OF FORT WORTH By: n C— j City Secretary 0 Ar. s a ity Manager APPROVED AS TO FORM AND LEGALITY: Assistant City A orney 4Ches Evans Date: Date: � Z, Contract authorization ---I R— Date C74 L :... EXHIBIT "A" 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 members, 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. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/20/2005 DATE: Tuesday, December 20, 2005 LOG NAME: 02CHASEVANS REFERENCE NO.: C-21216 SUBJECT: Authorize Award of a Personal Services Contract to Charles W. Evans for Consultation and Representation on State Issues RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Charles W. Evans for personal services involving consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, State agencies, and the Office of the Governor. The term of the contract will be from October 1, 2005, to August 31, 2007. 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 contract with Mr. Evans for these services expired on September 30, 2005. Charles W. Evans, a former member of the Texas Legislature, proved 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 proposed 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 term of the contract is from October 1, 2005 to August 31, 2007. The proposed contract, similar to the one that expired on September 30, 2005, requires 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. In addition, the City will reimburse Mr. Evans for expenses incurred when he is requested to travel to Fort Worth by City Council or staff. The reimbursement expenses shall not exceed $10,000 for the term of the contract. The details of the agreement between the City and Mr. Evans, including the scope of services, are reflected in the contract to be signed by the respective parties. The proposed contract includes a funding out clause. Funds in the amount of up to $87,000 plus $5,000 for expenses are being requested under this M&C for the first 12 months of the contract. The amount required for the first 12 months will be decreased by $1,000 for every month the Legislature is not in session according to the rate discussed above. Funds for the second year of the contract will be requested in the next proposed budget. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/1/2006 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 531200 0905500 $92,000.00 Submitted for City Manager's Office by- Joe Paniagua (6191) Originating Department Head: Brandon Aghamalian (6168) Additional Information Contact: Brandon Aghamalian (6168) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/1/2006