The URL can be used to link to this page

Home My WebLink AboutContract 31052 i 7 12-10-04P03 : 15 tCV9 CITY SECRETARY CONTRACT NO o November 29, 2004 n Mr. Charles Boswell Mr. Joe Paniagua City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Dear Charles and Joe: This letter agreement ("Agreement") sets forth the terms under which The Eppstein Group, Incorporated ("Consultant"), agrees to provide consulting services to the City of Fort Worth ("City"). Consultant shall work with the City staff and City Council members on the,following tasks: Research and Development of the City's public relations communication plan for the 2005 Fort Worth Crime Control and Prevention District Election, to include but not be limited to the following public education initiatives: " Assisting the city in writing a public summary of the Fort Worth Crime Control and Prevention District and proposed sales tax renewal; Assisting the.City in preparation of educational communication tools to be used by elected and appointed city officials in presentations to citizens; And other educational material as requested by the City. Consultant's performance of service shall be in accordance with the following terms and conditions: 1. Upon request by City to Consultant, Consultant shall perform the services requested by City. In the performance of those services, City shall advise Consultant of applicable policies and decisions of City, and Consultant agrees to comply with such policies and decisions. \7 J 'lip s V R Page 2 2. As compensation for Consultant's services hereunder, City shall pay Consultant the sum of$15,000 for services in the calendar years 2004 and 2005 and up to the FWCCPD renewal election on February15, 2005. Compensation will be payable in three installments: $5,000 upon,signing this agreement; $5,000 on or before December 15, 2004; and $5,000 on or before February 5, 2004. 3. Out of pocket expenses such as postage and delivery charges, long distance telephone, copies, office supplies and other items are not included in the $15,000 Consultant's service. All out-of-pocket expenses to be billed to the City shall be approved in writing by the City before being incurred by the consultant and are not to exceed an amount of$ 500 for the contract period. 4. All invoices submitted by Consultant for payment of expenses shall be in the name of Consultant. 5. In the performance of all services hereunder: (a) Consultant shall be deemed to be, and shall be, an independent contractor. As such, Consultant shall not be entitled to any-benefits applicable to the employees of City. (b) Consultant shall comply with all applicable laws and regulations, including, without limitation, laws applicable to activities of Consultant in representing City's interests before any local officials or any governmental or citizens representatives or entity. (c) Consultant shall not advocate for or against the 2005 FWCCPD renewal as part of the responsibilities of this agreement; however, the Consultant may be retained by individuals, associations or legal political committees to separately participate in the renewal election. (d) Consultant shall have sole responsibility for the payment of all federal, state, local and other income taxes and for all employment and other taxes applicable to the consideration paid to Consultant hereunder. (e) Consultant has no authority or power to contract for or bind City in any manner. f Page 3 (f) Consultant warrants that to its knowledge or belief, none of the work Consultant is performing for other clients conflicts with the interest of City or the passage of the 2005 FWCCPD renewal. Consultant shall promptly notify City in writing of any conflict of interest that comes to Consultant's attention. In the event a conflict arises and cannot be resolved to City's satisfaction, City shall have the right to immediately terminate this Agreement upon written notice. In such event, City shall pay Consultant the compensation, including expenses, due the Consultant as of the termination date. 6. Prior to the execution of this Agreement, Consultant and City have reached an understanding as to the scope of the services to be performed by Consultant, and Consultant has allotted appropriate time and resources to perform that level of services for City. This scope of services shall include, but not be limited to, those services described in the first paragraph of this Agreement. The parties hereto agree that in the event Consultant's scope of the services is to be expanded during the term hereof, the compensation of Consultant shall be adjusted by mutual agreement. 7. The information and knowledge divulged to Consultant by City, or. which Consultant acquires in connection"with, or as a result of, Consultant's services hereunder, shall be regarded by Consultant as the confidential information of City (subject to open records laws). Consultant shall not use any such information, or knowledge except for the purposes of this Agreement nor shall such information be disclosed to any person except to the employees or authorized representatives of City as may be necessary in the regular course of the duties of Consultant hereunder, or except as otherwise specifically authorized by City. 8. Consultant recognizes that all records and copies of records concerning the operations of City made or received by Consultant during the term of this Agreement are and shall be the property of City. Consultant shall keep such records in its custody and control at•all times and shall surrender the same upon the request of City. 9. Consultant shall not assign this Agreement or the performance required of Consultant hereunder without the prior written consent of City. Any attempted assignment without City's prior written Page 4 consent shall be void. This Agreement shall be binding upon the successors, assigns, heirs, executors, and legal representatives of Consultant. 10. This Agreement shall be effective as of November 16, 2004 and shall continue until the 2005 FWCCPD renewal election in the calendar year 2005, unless extended in writing by the parties. Either party may terminate this Agreement at any time prior to such expiration, for any reason, upon thirty (30) days written notice. In the event of such termination, City shall pay Consultant the compensation due to Consultant as of the termination date, including reimbursement for expenses incurred in accordance with this Agreement. 11. All notices or communications hereunder shall be in writing, addressed as follows: If to City: Mr. Charles Boswell or Mr. Joe Paniagua City Managers Office, City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 If to Consultant: Mr. Chris Gavras or Mr. John Shults The Eppstein Group 4055 International Plaza, Suite 520 Fort Worth, Texas 76109 A party may change its address upon written notice to the other party. 12. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Texas. A venue for any action arising hereunder shall be exclusively in Tarrant County, Texas. 13. This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and merges and supersedes all prior discussions and writings with respect thereof. No modifications or alterations of this Agreement shall be effective unless made in writing and signed by both parties. 117Y -�N-CRHVU�0'1 -n n Page 5 If the foregoing is consistent with your understanding of the services and terms under which you will provide them, please so indicate by signing in the space provided below and return one fully executed copy of this letter to the undersigned for our fil By. Date Z Lo Mr. J iag City Fo W AsLChris. City anager By: Date 12,Mr _q l Gavras The Eppstein Group f B' gTE® Cortzact �uthoriz�tio a .r M Date art. ...w..''•\�, APROVED A$ T FORM AND LEGALITY: 4.A 0 .. .I Assistant City Attorney