HomeMy WebLinkAboutContract 42868Professional Services Agreement
This professional services agreement, dated February 1, 2012 is entered into by and between City of Fort Worth,
Texas, a Texas municipal corporation based at 1000 Throckmorton St. Ft. Worth, TX 76102, acting by and through
its duly authorized Assistant City Manager, hereinafter referred to as Client, and AMP Energy Consulting, a Texas
sole proprietorship at 1500 Summit St. #5, Austin, TX 78741, acting by and through its owner, hereinafter referred
to as Consultant. The parties hereby agree that Consultant shall provide consulting services in accordance with the
terms and conditions set forth below:
Retention of Consultant. Consultant will provide professional consulting services to assist City of Ft. Worth in
a.) reconciling monies due to /from (i) TXU Energy Retail Company, LLC. related to Agreement for Supply of
Electricity 3- 291-09F -18 (ii) Denton County Electric Cooperative, Inc. d /b /a CoSery Electric related to
Agreement CS Contract #28300 and (iii) Tri- County Electric Cooperative, Inc. related to Agreement CS
Contract #25216; b) seeking to obtain refunds for any past overbillings discovered in the course of the
reconciliation process; and c.) confirming receipt of all refunds /adjustments due to the City with regard to
2011 ONCOR streetlight billing adjustments.
Fees for Services. For Consulting Services provided by Consultant, Client shall pay Consultant $150.00 per
hour, up to a maximum of $12,000, for completion of projects outlined under Retention of Consultant. All
travel, food, lodging, and other work - related expenses, except automobile mileage, associated with the
provision of services hereunder shall be considered outside of Consulting Services, will be billed at cost.
Automobile mileage shall be billed at the mileage rate as published by the Internal Revenue Service.
However, no billable expense shall be incurred or accrued by Consultant without prior written
request /consent from Client.
Billing and Payment. Consultant shall maintain records of all work done on behalf of the Client and of all
expenses incurring for which Consultant seeks payment or reimbursement. Consultant shall invoice Client for
services performed and expenses incurred no more frequently than every 30 days. Bills for Consultant's
services and expenses are payable within 30 days receipt by the Client.
Independent Contractor. It is understood that Consultant is an independent professional contractor and that
Consultant will not in any event be construed as or hold itself to be an employee of Client.
Ownership of Work. Work shall be and remain the sole and exclusive property of Client. Consultant recognizes
that all records and copies of records touching Client's operations, investigations and business made or
received by Consultant during the period of this agreement are and will be the exclusive property of Client,
and Consultant will keep the same at all times in Consultant's custody and subject to Consultant's control, and
will surrender the same to Client immediately upon the request of Client, or upon completion of agreed upon
services.
Term and Termination. This agreement is effective on the above date entered into and will terminate upon
satisfactory completion of agreed upon services, but no later than six (6) months after the effective date
unless extended or earlier terminated as provided for herein. Client or Consultant may terminate this
agreement without cause upon ten (10) days written notification to the other party. In the event the Client
terminates this agreement and Consultant is not in default or in breach of this Agreement, Client agrees to pay
Consultant for all services actually performed and for expenses actually incurred as of the day of termination
provided that such services and expenses conform to the terms of this Agreement. If mutually agreeable to
Client and Consultant, this agreement may be extended. Such extension will be documented by written
amendment, duly signed and dated by both parties.
OFFICIAL RECORD
CITY cECRETARY ,
T. 'N0KTH- f y
Facsimile Documents and Signatures. The signature of any party on this document that is transmitted by way
of a facsimile or other electronic means that can be authenticated shall be considered for all purposes as an
original signature. Any such document shall be considered to have the same binding legal effect as an original
document. At the request of any party, any faxed or electronically submitted document shall be re- executed
by each signatory party in an original form.
Executed this 1st day of February, 2012.
By: Charles W. Daniels , for Client
Assistant City Manager
ignature
APPROVED AS TO
FOR
I D LEGALITY: G.
ASST TAN IN ATTORNEY
By: Caitlin Bowdish, for Consultant
Signtau re
OFFICIAL. RE�iJI��'',
CITY SECRIETARY