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HomeMy WebLinkAboutContract 39433Y SECRETARY .�NTRACT 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, and Charles Evans, ("Consultant"), the person or entity whose personal services are to be retained hereunder, individually referred to as a "party," collectively referred to as the "parties." For and in consideration of the covenants and promises contained herein, the parties hereto agree as follows: 1. General Provisions & Scope of Services For and in consideration of the payment of the amount of money set out in Section Five (5) below, Consultant 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. More specifically, Consultant 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. Term of Contract This contract shall begin September 1, 2009, and terminate August 31, 2010, unless terminated sooner as provided herein. 3. Point of Contact Consultant agrees to cooperate with the City's Director of Governmental Relations and the City Manager, who shall relate to Consultant requests from the City. Consultant 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. Consultant will coordinate all responses or actions taken on the City's behalf through the Director of Governmental Relations, 4. Independent Contractor Status Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Consultant 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 Consultant, his officers Charles Evans 2009-2010 Legislative Contract Yage 1 of 6 agents, employees, and subconsultants, and the doctrine of respondeat superior shall have no application as between the City and Consultant. 5. Payment, Expenses & Travel In full payment and consideration for all services furnished and expenses incurred hereunder, Consultant shall be paid an amount not to exceed $4,355.33 per month. It is understood that said payments are due and payable by City upon receipt of an invoice from Consultant. Unless otherwise agreed to by the parties, payment under this contract shall not exceed the total amount of $52,260.00. 6. Termination The City may terminate this Agreement at any time for breach of this Agreement by providing a ten (10) day written notice or without cause by providing a thirty (30) day written notice to Consultant. Upon termination, all products prepared by Consultant hereunder whether completed or partially completed, shall become the property of the City, and shall be returned to the City immediately at no additional cost to the City. Upon termination, all payment obligations of the City under this contract shall end. 7. Work Product Consultant shall furnish the City periodic reports on its 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. Conflict of Interest &Other Clients Consultant 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 Consultant and the City and resolved to the satisfaction of the City. Consultant shall comply with Section 305.028 of the Texas Government Code, 9. Governing Law &Venue This Agreement shall be construed in accordance with the laws of the State of Texas. 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 He in state courts located in Tarrant County, Texas. Charles Evans 2009-2010 Legislative Contract Page 2 of 6 10. Availability of Funds 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 Consultant 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. Notices 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 Consultant: Charles W. Evans Attorney at Law 1504 San Antonio Street Austin, Texas 78767 12. Access to Records; Audit Consultant 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. 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. Consultant further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultants agree 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. Charles Evans 2009-2010 Legislative Contract Page 3 of 6 13. Entirety of Agreement This Agreement shall be the entire, full and complete agreement between the Parties concerning the subject matter hereof and shall supersede all prior agreements. There are no valid or binding representations, inducements, promises or agreements, oral or other wise, between the Parties that are not embodied herein. No amendment, change, or variance of or from this Agreement shall be binding on either Party unless agreed to in writing signed by both of the Parties. 14. Headings not Controlling The headings appearing at the beginning of each paragraph of this Agreement are for convenience only and do not define, limit or construe the contents of any such paragraph. Whether expressly indicated or not, the singular usage includes the plural, and the neuter usage includes the masculine or the feminine or both the masculine and the feminine. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original and such counterparts together shall constitute the same agreement. 15. Waiver The City and the Consultant may waive an obligation of or restriction upon the other under this Agreement only in writing. No failure, refusal, neglect, delay, forbearance or omission of the City or the Consultant to exercise any right or remedy under this Agreement or to insist upon full compliance by the other with his, her or its obligation hereunder shall constitute a waiver of any provisions(s) of the Agreement. 16. Severability Each provision of this Agreement or part thereof shall be severable. If, for any reasonI any provision or part thereof in this Agreement is finally determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation, such determination shall not impair the operation or affect the remaining provisions of this Agreement, and such remaining provisions will continue to be given full force and effect and bind each Party. Each invalid provision or part thereof shall be deemed not to be a part of this Agreement. 17. Assignment The Consultant may not assign or subcontract any of its rights or obligations without the prior consent of the City, which consent may be withheld in the City's sole and absolute discretion. Charles Evans 2009-2010 Legislative Contract Page 4 of 6 18. Force Majeure It is expressly understood and agreed by the Parties that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation shall be extended for a period of time equal to the period such party was delayed. / &6&Executed on this l day of �009. COI ay: Cha Date: City Secretary Charles Evans 2009-2010 Legislative Contract Page 5 of 6 CITY OF FORT WORTH By: Karen L. Montgomery Assistant City/ Mana/g( Date: Approved s to Form and Legality: Maleshia B. Farmer Assistant City Attorney Contract Authorization: M&c' 3 J l Date Approved: EXHIBIT "A" Scope of Services 1. Consultant 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. During the legislative interim (2010), Consultant will work with City staff to ensure attendance at relevant interim committee meetings or hearings and ensure that appropriate written reports are prepared. 3. Consultant 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. Consultant 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. Consultant 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. Consultant 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 City Manager, Consultant 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 Consultant will attend hearings/meetings as necessary and possible. Charles Evans 2009-2010 Legislative Contract Page 6 of 6 • • • -, � • . • • • . • DATE: Tuesday, October 06, 2009 LOG NAME: 02CEVANS2009 REFERENCE NO.: **C-23819 SUBJECT: Authorize the Retroactive Execution of a Professional Services Contract in an Amount to Exceed $52,260.00 with Charles W. Evans for Consultation and Representation on State Issues Before the Texas State Legislature, State Agencies and the Office of the Governor RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $52,260.00 with Charles W. Evans for professional 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 retroactive to September 1, 2009, and continue until August 31, 2010. 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 current contract with Charles W. Evans (Mr. Evans) for these services expired on August 31, 2009. Mr. Evans, a former member of the Texas Legislature, has proved to be 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 and the interim session. The term of the contract will be retroactive to September 1, 2009, and continue until August 31, 2010. The contract requires the City to compensate Mr. Evans at a rate of $4,355.00 per month which represents an agreed reduction of 33 percent from the monthly retainer under the previous contract which expired August 31, 2009. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: FROM Fund/Account/Centers GG01 531200 0029000 $52,260.00 Logname: 02CEVANS2009 Page 1 of 2 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. m&cfundlog2.pdf (CFW Internal) Karen Montgomery (6222) Reid Rector (1296) Evonia Daniels (7504) Logname: 02CEVANS2009 Page 2 of 2 ' US To: Charlie Evans From: Reid Rector Re: City of Fort Worth Contract Lute: October 8, 2009 Attached are four copies of your new contract with the CFW commencing September 1, 2009. Please review it and contact me with any questions you may have. If you have no questions, please sign all copies and return all copies to me. As soon as the CFW has fully executed the contract, I will send you a copy. Thank you.