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Home My WebLink AboutContract 35509 CITY SECRETARY' CONTRACT NO CLIENTS COPy June 21,2007 WEAVER Mr. Jerome C. Walker,Housing Director Tl D W E LL Housing Department Administration 1000 Throckmorton Street L.L.P. City of Fort Worth C ATIFIED ANTS PU IC Fort Worth, Texas 76102 AND CONSULTANTS Re: Forensic Accounting Services Community Development Block(CDBG) Grant Program Dear Mr. Walker: In connection with the above referenced matter, the City of Fort Worth Housing Department Administration ("Housing Department"), hereby engages Weaver and Tidwell, L.L.P. Our services will be rendered in connection with the matter referenced above as set forth in our proposal dated June 12, 2007. These services may include other specific engagements as directed by you or the Housing Department. Our services shall be confidential and we will not disclose information obtained pursuant to this engagement except at your direction or as required by lawful court order. All documents and records received will be controlled as to their access and availability. All such items will be returned to you or destroyed at your direction, upon the conclusion of our engagement. Our fee for services to be provided in this engagement will be based strictly on the time spent in providing these services at our standard hourly rates. Services in connection with this engagement provided by members of our staff will be billed at their usual rates as follows: William Brown-Partner $295 Alan Nelson—Senior Manager $230 Staff $140 Dazes Three hi-eSt Ilia,, As set forth in our proposal,we will conduct a preliminary scoping phase, with fees 12221 JLrit 0rir die 1400 not to exceed $25,000. At the conclusion of this phase, we will provide the narrar, Tevis 75251-228u Housing Department a detailed fee estimate for the completion of the engagement. 972.490.0` 1 972.7()1 No work will be started until the detailed estimate is accepted by the Housing FORT Woant Department. These hourly rates are subject to periodic review and change and, in the event that our regular billing rates are increased, you agree to pay the then r600 us to sl 3nol� �� effective rates. Additionally, out-of-pocket expenses (long distance telephone, lart u`�r/h,Te:wuf 761r02-25f, delivery service, copies, etc.) will be billed at cost or at our customary rate (e.g., 817.332.790 i F 8n.429.5936 copying at $.20 per page). WWW.WEAVERANDTIDWELL.COM AN INDEPENDENT MEMBER OF BAKER TILLY �u INTERNATIONAL VVV it 00 IJ�S P LS V Mr. Jerome C.Walker,Housing Director Housing Department Administration City of Fort Worth June 21,2007 Page 2 We will invoice on a monthly basis and all bills are due upon presentment. We reserve the right to discontinue services if billings are not paid when due. A service charge at the rate of 1% per month will accrue on any balance not paid within 45 days of the invoice date. In the unlikely event that circumstances occur which we in our sole discretion believe could create a conflict with either the ethical standards of our firm or the ethical standards of our profession in continuing our engagement, we may suspend our services until a satisfactory resolution can be achieved or we may resign from the engagement. We will notify you of such conflict as soon as practicable, and will discuss with you any possible means of resolving them prior to suspending our services. We agree that any dispute between your clients and Weaver and Tidwell, L.L.P., relating to this engagement,this agreement, or the breach of it, shall, if negotiations and other discussions fail, be first submitted to mediation in accordance with the provision of the Commercial Mediation Rules of the American Arbitration Association ("AAA') then in effect before resorting to arbitration. We agree to conduct the mediation in good faith and make reasonable efforts to resolve any dispute by mediation. Failure or refusal by either party to mediate shall not in any way affect any subsequent arbitration. We agree to conduct the mediation in Dallas,Texas, or another mutually agreed upon location. If the dispute is not resolved by mediation, the dispute shall be subject to binding arbitration under the Dispute Resolution Rules for Professional Accounting and Related Services Disputes of the AAA, and judgment on the Award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitration shall be heard before one or more arbitrators selected in accordance with these rules. The parties agree to conduct the arbitration in Dallas, Texas, or another mutually agreed upon location. The arbitrator(s) may only award actual damages and may not award consequential, exemplary, or punitive damages. The prevailing party in any arbitration or litigation shall be entitled to recover from the other party reasonable attorney and expert witness fees, court costs, and the administrative costs, fees and expenses of the AAA, as the case may be, incurred in the same, in addition to any other relief that may be awarded. Mr. Jerome C. Walker, Housing Director Housing Department Administration City of Fort Worth June 21, 2007 Page 3 Not withstanding the provisions of the immediately preceding paragraph, neither we nor you shall be compelled to arbitrate any dispute between us which arises out of or is related to any claim asserted against either of us by a third party unless the third party (whether one or more) agrees to join the arbitration or can be compelled to join it. In performing our services, we will be relying on the accuracy and reliability of historical financial statements and other information provided to us. In the delivery of our reports, we will not express an opinion or any form of assurance on such historical financial statements. Our working papers and report are intended to be used solely for the referenced matter and cannot be disclosed under any other circumstance by you,by us, or by any other party except by court order. Sincerely, WEAVER AND TIDWELL, L.L.P. i2G�!v� William D. Brown, CPA, JD Partner WDB:cck Enclosures ACCEPTED: z Signature l / Date Title kaested b)- -0ASTO < -,JD LE ALITY: _ � ��Iarty Hendr " V/° City Secret �Tf, CITY ATTORNEY lVa l�t�ci��I," UIRED