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HomeMy WebLinkAboutContract 36035 (2) CITY SECRETARY ONTRACT No. 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 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: 1. 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 those matters described in Exhibit 'A" which is attached hereto and made a part of this contract for all purposes. 2. This contract shall begin October 1, 2007, and terminate September 30, 2008, unless terminated sooner as provided herein. 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 Governmental Relations. Svacina will coordinate all responses or actions taken on the City's behalf through the Director of Governmental Relations. 4. 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 superiors 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 October 1, 2007 through September 30, 2008, and subject to the termination provisions set out in Section Six (6) of this agreement, Svacina shall be paid $6900 per month. 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 $3,000 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 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. Svacina shall comply with Section 305.028 of the Texas Government Code. 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 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. 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. 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 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: Svacina: City of Fort Worth PAS Communication Attn: City Manager Pat Svacina 1000 Throckmorton 925 Gaye Lane Fort Worth, TX 76102 Arlington, TX 76012 with copies to: with copies to: The City Attorney and Pat Svacina Governmental Relations 925 Gaye Lane Director at the same address 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. WITNESS our hands this 1st day of October, 2007 ATTEST: CITY OF FORT WORTH OA ` By: City Secretar§3 Assi atqfty M Hager Patrick acina d/b/a PAS Communications Date:G �i APPROVED AS TO FORM AND LEGALITY: CW 49t;j Assistant City City Attorney Date: 10-- 23— 2-o g`7 C- _ :Dnt -act Author J..at io;a� , EXHIBIT "A" Scope of Services 1. Svacina 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. Svacina will generally cooperate with the City Manager to promote the passage of proposed legislative initiatives included in the City Council adopted legislative agenda/packet, in cooperation with City representatives. Svacina will assist, when requested, in acquiring sponsors for bills in the packet. 3. Svacina will inform the City (generally by contacting the 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. Svacina 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. Svacina will assist in introducing the 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. Svacina will provide advice and counsel to the 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 the City Manager, Svacina 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 the City Manager coverage of key committee hearings/meetings, and Svacina will attend hearings/meetings as necessary and possible. 8. Svacina will provide advice, counsel, and communication for the City with regard to the City's involvement in the 2011 Super Bowl initiative. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/18/2007 DATE: Tuesday, September 18, 2007 LOG NAME: 02PAS REFERENCE NO.: C-22397 SUBJECT: Authorize Personal Services Contract with PAS Communications for Communications Services Related to the 2011 Super Bowl, and Continuation of Legislative Related Services RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Pat Svacina, doing business as PAS Communications, for personal services regarding communication services relative to the 2011 Super Bowl, and for legislative related services. DISCUSSION: On November 28, 2006, the City Council authorized the City Manager to execute a contract with Pat Svacina, doing business as PAS Communications, for personal services involving communication services relative to state legislative and administrative issues for an initial term of seven months from December 1, 2006 to June 30, 2007. The authorization included the ability to extend the contract once on a month-to- month basis through September 30, 2007. Pursuant to this provision, the contract was, in fact, extended through September 30, 2007, at which time it will expire. There is a continuing need to retain the services of PAS Communications in that it is necessary that the City be properly informed relative to involvement in the 2011 Super Bowl initiative and to assist in legislative issues both at the state and federal level, especially between Congressional sessions and during the interim state legislative session. Thus, the proposed contract requires that Pat Svacina, doing business as PAS Communications, provide advice and counsel, including communications and written documents relative to the City's involvement in the 2011 Super Bowl initiative, as well as preparation of the City's state and federal programs including research on testimony to address interim issues. The term of the proposed contract with Pat Svacina, doing business as PAS Communications, is from October 1, 2007 to September 30, 2008. The proposed contract requires the City to compensate PAS Communication at a rate of $6,900 per month, plus $3,000 for expenses, for a total of $85,800 through the term of the contract. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in FY 07-08 adopted budget of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/29/2007 Page 2 of 2 GG01 531200 0905500 $85,800.00 Submitted for City Managir's Office by: Joe Paniagua (6191) Originating Department Flead: Reid Rector (1296) Additional Information Contact: Evonia Daniels (7504) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/29/2007