HomeMy WebLinkAboutContract 38558 (2) CITY SECRETAPy
CONTRACT NO.
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CONTRACT FOR PROFESSIONAL SERVICES
This contract is made by and between the City of Fort Worth, Texas, a municipal
corporation situated in Tarrant, Denton, and Wise Counties, Texas, hereinafter called "City,"
acting herein by and through Karen L. Montgomery, its duly authorized Assistant City Manager
and Jerry Murrish, an individual,hereinafter called "Consultant."
1.
Scope of Services
Consultant agrees to perform in accordance with the highest professional industry
standards the following professional accounting services:
1.1 Assist in the preparation of the FY2008 and FY2009 Comprehensive Annual Financial
Report(CAFR)financials in the following areas:
1.1.1 Government-wide Financial Statements
1.1.2 Fund Financial Statements
1.1.3 Financial Statement Notes
1.1.4 Account and variance analyses as required
1.2 Train staff in the preparation of CAFR financials in the following areas:
1.2.1 Government-wide Financial Statements
1.2.2 Fund Financial Statements
1.2.3 Financial Statement Notes
2.
Compensation;Payment Schedule
2.1 The maximum amount to be paid to Consultant for all services performed hereunder
shall be$58,500.00,which shall include all expenses incurred by Consultant.
2.2 Payment shall be made based on an hourly rate of $45.00 per hour worked on the
listed scope of services,herereinafter"Consultant's Fee." �„ m
OFFIUAL RECORD
CITY SECRETARY
FT.WORTH,TX
05-08-09 A10 : 25 IN
Contract for Professional Services
Jerry Murrish/City of Fort Worth
Page 1 of 8
2.3 Consultant shall submit monthly invoices to the City for payment of the sums
referenced in Section 2.2.
2.3.1 Invoices shall include the City's contract number and contract purchase
order number, the quantity of hours worked and the dates work was performed. Time sheets
covering invoiced timeframes shall be submitted with the invoices.
2.4 It is understood that this Contract contemplates the provision of full and complete
consulting services for this project, including any and all necessary changes or contingencies to
complete the work as outlined in Section 1, "Scope of Services," for the fee described in Section
2.2.
3.
Term
Unless terminated pursuant to section 4, this Contract shall be effective upon the date of
execution and shall expire upon completion of all work contemplated herein, but not later than April 30,
2010.
4.
Termination
4.1 The City may terminate this Contract for its convenience upon ten (10) days written notice
to Consultant. Upon receipt of such notice, Consultant shall immediately discontinue all services and
work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities
and materials in connection with the performance of this Contract and shall proceed to cancel promptly
all existing contracts insofar as they are chargeable to this Contract. If the City terminates this Contract
under this Section 4.1, the City shall pay Consultant for services actually performed in accordance
herewith prior to such termination, less such payments as have been previously made, in accordance
with a final statement submitted by Consultant documenting the performance of such work.
4.2 The City may terminate this agreement for cause in the event Consultant fails to perform in
accordance with the requirements contained herein. In such event City shall give Consultant written
notice of Consultant's failure to perform, giving Consultant seven (7) calendar days to come into
compliance with the contract requirements. If Consultant fails to come into compliance with this
Contract for Professional Services
Jerry Murrish/City of Fort Worth
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contract, City shall notify Consultant in writing and this contract shall be terminated as of the date of
such notification. In such event,Consultant shall not be entitled to any additional compensation.
4.3 In the event no funds or insufficient funds are appropriated and budgeted by the City in any
fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this
Contract shall terminate on the last day of the fiscal period for which appropriations were made
without penalty or expense to City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds shall have been appropriated and budgeted. City has informed
Consultant that, concurrently with approval of this Contract, City will appropriate and budget 100% of
the funds specified in this Contract, so that all funds will be appropriated and budgeted prior to the
commencement date of this Contract. This notification shall not otherwise abrogate the City's right to
terminate for non-appropriation of funds.
4.4 Upon termination of this Contract for any reason, Consultant shall provide the City with
copies of all completed or partially completed documents prepared under this contract.
5.
Liability,Indemnification and Release
5.1 Consultant shall be liable for and shall indemnify and hold the City and its officers,
agents and employees harmless for any loss, damage, liability or expense for damage to Property
and iniuries, including death, to any person, including but not limited to officers, agents or
employees of Consultant or subcontractors, which may arise out of any negligent act, error or
omission in the Performance of Consultant's Professional services. Consultant shall defend at its
own expense any suits or other proceedings brought against the City, its officers, agents and
employees, or any of them, resulting from such negligent act, error or omission; and shall pay all
expenses and satisfy all iudgments which may be incurred by or rendered against them or any of
them in connection therewith resulting from such negligent act, error or omission.
5.2 In addition to the indemnification requirement above, Consultant hereby releases Fort
Worth from any liability for injury or property damage incurred during this contract, unless such
injury or property damage was the result of intentional conduct committed by an employee of the
City. Consultant shall not permit any employee, officer, and agents of the Consultant or any
Contract for Professional Services
Jerry Murrish/City of Fort Worth
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employees, officers or agents of any subcontractor to perform any activity under this contract without
first executing a release containing such provisions.
6.
Independent Contractor
Consultant shall perform all work and services hereunder as an independent contractor and not
as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the
exclusive right to control,the details of the work performed hereunder and all persons performing same
and shall be solely responsible for the acts and omissions of its officers, agents, employees and
subcontractors.Nothing herein shall be construed as creating a partnership or joint venture between the
City and the Consultant, its officers, agents, employees and subcontractors; and the doctrine of
respondeat superior shall have no application as between the City and the Consultant.
7.
Disclosure of Conflicts; Confidentiality
7.1 Consultant warrants to the City that it has made full disclosure in writing of any existing or
potential conflicts of interest related to the services to be performed hereunder. Consultant further
warrants that it will make prompt disclosure in writing of any conflicts of interest that develop
subsequent to the signing of this Contract.
7.2 Consultant, for itself and its officers, agents and employees, further agrees that it shall treat
all information provided to it by the City as confidential and shall not disclose any such information to
a third party without the prior written approval of the City. Consultant shall store and maintain City
Information in a secure manner and shall not allow unauthorized users to access, modify, delete or
otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the
security or integrity of any City information has been compromised or is believed to have been
compromised.
8.
Right to Audit
8.1 Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine any directly pertinent books,
Contract for Professional Services
Jerry Murrish/City of Fort Worth
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documents, papers and records of the Consultant involving transactions relating to this Contract at no
additional cost to the City. Consultant agrees that the City shall have access during normal working hours
to all necessary Consultant 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 Consultant
reasonable advance notice of intended audits.
8.2 Consultant further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor 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 subcontractor involving transactions to the
subcontract at no additional cost to the City, and further that City shall have access during normal
working hours to all subcontractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this paragraph. City shall give
subcontractor reasonable advance notice of intended audits.
9.
Prohibition of Assignment
Neither party hereto shall assign, sublet or transfer its interest herein without the prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof
without such prior written consent shall be void.
10.
M/WBE Goals; Nondiscrimination.
10.1 In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority and woman business enterprises in City contracts. Consultant acknowledges
the M/WBE goal established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by
the Consultant may result in the termination of this agreement and debarment from participating in City
contracts for a period of time of not less than three(3)years.
Contract for Professional Services
Jerry Murrish f City of Fort Worth
Page 5 of 8
10.2 As a condition of this Contract, Consultant covenants that it will take all necessary actions
to insure that, in connection with any work under this Contract, Consultant, its associates and
subcontractors, will not discriminate in the treatment or employment of any individual or groups of
individuals on the grounds of race, color, religion, national origin, age, sex or physical handicap
unrelated to job performance, either directly, indirectly or through contractual or other arrangements.
11.
Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
12.
Force Majeure
The City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control (force majeure),
including, but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority,transportation problems and/or any other similar causes.
13.
Choice of Law; Venue
13.1 This contract shall be governed by and construed in accordance with the internal law of the
State of Texas.
13.2 Should any action,whether real or asserted, at law or in equity, arise out of the terms of this
Contract,venue for said action shall be exclusively in the District or Federal Courts in Fort
Worth, Tarrant County, Texas.
14.
Entirety of Agreement
Contract for Professional Services
Jerry Murrish/City of Fort Worth
Page 6 of 8
This Agreement contains the entire understanding and agreement between the City and
Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
[SIGNATURE PAGE FOLLOWS]
Contract for Professional Services
Jerry Murrish/City of Fort Worth
Page 7 of 8
IN W'TNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day
of 12009.
CITY OF FORT WORTH:
Karen L. Montgomery JERRY MURRISH:
Assistant City Manager
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Date: ` Ti
Date:
ATTEST: ATTEST:
By: By:
City Secre
APPROVED AS TO FORM AND
LEGALITY:
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Assis t City Attorney
CONTRACT AUTHORIZATION:
M&C: C- ';� 3�3�5
Date Approved:
OFFICIAL RECORD
CITY$ECRETARY
Contract for Professional Services FT.WORTH,TX
Jerry Murrish/City of Fort Worth
Page 8 of 8
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/14/2009
DATE: Tuesday,April 14, 2009 REFERENCE NO.: **C-23435
LOG NAME: 13MURRISHFY08-09
SUBJECT:
Authorize a Contract for Professional Accounting Services with Jerry Murrish for Completion of the Fiscal
Year 2008 and 2009 Comprehensive Annual Financial Reports in an Amount Not to Exceed$58,500.00
RECOMMENDATION:
It is recommended that the City Council authorize a contract for
professional accounting services with Jerry Murrish for an amount
not to exceed$58,500.00.
DISCUSSION:
Mr.Jerry Murrish has provided the City of Fort Worth assistance
with the Fiscal Year 2006 and 2007 Comprehensive Annual
Financial Reports(CAFRs). Staff recommends securing Mr.
Murrish's services to assist with the preparation of the Fiscal Year
2008 and 2009 CAFRs.
Mr. Murrish will be utilized to assist in the following areas:
•Government—wide Financial Statements;
•Fund Financial Statements;
•Financial Statement Notes; and
•Train City staff on Financial Statement Compilation
Mr.Murrish's services will be needed for approximately 32 weeks.
The fee for his services is an hourly rate of$45.00 per hour.
M/WBE–A waiver of the goal for M/WBE subcontracting
requirements was requested and approved by the M/WBE Office
because the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds
are available in the current operating budget of the General Fund.
No funds are budgeted;however, savings will be used to fund the
services.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GGO1 539120 0132010 $58,500.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Mae Gray—Rossi (8325)
ATTACHMENTS
1. accountverification.pdf
2. Jeay Murrish.doc
3. MWBEWvrMurrish.pdf