HomeMy WebLinkAboutContract 34402STATE OF TEXAS §
COUNTY OF TARRANT §
CONTRACT
G11�Y SECRET�F�y
:;c�r����AGT �� o ��
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 PAS Communications, through its owner
Patrick A. Svacina ("Svacina"), 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:
For and in consideration of the payment of the amount of money set out in
Section Five (5), Svacina agrees to represent the City concerning legislative and
administrative matters in the form of communications to be used during the
official session of the Texas Legislature and at other times during the term of this
contract.
2.
This contract shall begin December 1, 2006, and terminate June 30,
2007, unless the option to extend the contract on a month-to-month basis
through September 30, 2007, at the City Manager's discretion, is exercised.
3.
Svacina agrees to cooperate with the City's Director of Governmental
Relations and the City Manager, who shall relate to Svacina requests from the
City. Svacina will respond to requests made by the Mayor, the Chair of the
Legislative and Intergovernmental Affairs Committee, the City Manager, and the
City's Director of Gov�rnmental Relations. Svacina will coordinate all responses
or actions taken on the City's behalf through the Director of Governmental
Relations.
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Svacina shall perform all work and services hereunder as an independent
contractor and not as an officer, agent, servant or employee of the City. Svacina
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 Svacina, his officers agents, employees, and subconsultants, and
the doctrine of respondeat superior shall have no application as between the City
and Svacina.
5.
In full payment and consideration for all services furnished before the
execution of this contract from December 1, 2006 through June 30, 2007, and
subject to the termination provisions set out in Section Six (6) of this agreement,
Svacina shall be paid $6900 per month. Thereafter, the contract may be
extended through September 30, 20�7, if the need arises for special sessions or
to address federal issues as necessary under the same terms and conditions as
provided herein. It is understood that said payments are due and payable by
City upon receipt of an invoice from Svacina or his company (PAS
Communications).
In addition to this amount, Svacina shall be reimbursed for the reasonable
cost of travel, meals and lodging which Svacina incurs when the City Manager or
his designee requests that Svacina travel in the perFormance of services
reasonably related to this contract, and Svacina 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.
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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 Svacina. Upon termination, all products prepared by
Svacina hereunder shall become the property of the City, and Svacina 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, Svacina shall provide the
City with copies of all completed or partially completed documents prepared
under this Agreement. City agrees to reimburse Svacina for the cost of such
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
Code.
Svacina shall comply with Section 305.028 of the Texas Government
7.
Svacina 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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Svacina 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 Svacina and the City and
resolved to the satisfaction of the City.
�
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 Svacina 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.
11.
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
Svacina:
PAS Communication
Pat Svacina
925 Gaye Lane
Arlington, TX 76012
with copies to:
Pat Svacina
925 Gaye Lane
Arlington, TX 76012
12.
Svacina 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. Svacina agrees that the City shall have
access during normal working hours to all necessary Svacina 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 Svacina
reasonable advance notice of intended audits.
Svacina 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 _;� �' � 200�;
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ATTEST:
CITY OF FORT WORTH
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By; ; �
City Secreta Assis ant City anager
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APPRO AS TO FORM AND LEGALITY:
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Assistant ' y Attorney Pat Svacina
Date:
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Contract R thorizatioxi
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Date
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/28/2006
DATE: Tuesday, November 28, 2006
LOG NAME: 02PS COMMUNICAT
REFERENCE NO.: C-21867
SUBJECT:
Authorize Personal Services Contract with PAS Communications for Communication Services
Related to State and Federal Legislative Issues and Concerns
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Pat Svacina
d/b/a as PAS Communications for personal services involving communication services relative to state
legislative and federal issues for an initial term of seven months from December 1, 2006 to June 30, 2007 at
a cost of $48,300. Thereafter, the City Manager may extend this contract on a month to month basis
through September 30, 2007 at a monthly cost of $6,900 per month.
DISCUSSION:
During the 2007 session of the Texas Legislature, it is anticipated that issues critical to the City will arise, for
example, appraisal caps and revenue caps, funding of regional transit, regional water resources and
conservation, and the Trans Texas Corridor to name a few. In order for the City to be prepared to discuss
these and other issues publicly and in legislative hearings, it is advisable that City have access to the
necessary resources, including professional skills in defining legislative issues and crafting the appropriate
message regarding a particular issue.
The proposed contract requires that Pat Svacina provide advice and counsel including communication and
written documents regarding such state issues and work with the Mayor and Council, the City Manager's
office and Government Relations staff in developing appropriate strategies and messages relative to any
and all issues affecting city government.
The proposed contract will begin on December 1, 2006 and end on June 30, 2007 in order to cover the
regular session of the Texas Legislature. Thereafter, the contract may be extended if the need arises for
special sessions or to address federal issues as necessary.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget. No funds were
budgeted for this purpose; however, funds will be included in a subsequent rolllover/designation M&C.
TO Fund/AccountlCenters FROM Fund/AccountlCenters
Submitted for City Manager's Office by:
Originating Department Head:
GG01 539200 0905500 $82,800.00
Joe Paniagua (6191)
Joe Paniagua (6191)
http://www.cfumet.org/council�acket/Reports/mc�rint.asp 12/20/2006
Page 2 of 2
Additional Information Contact: Joe Paniagua (6191)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 12/20/2006