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Home My WebLink AboutContract 31193 CITY SECRETARY CONTRACT NO. aAa 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, Joe Paniagua, and Lawrence Collins ("Consultant"), the person whose personal services are to be retained hereunder. 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 Paragraph 5, Consultant agrees to conduct a 2005 State of Texas legislative revenue and appropriations report related to several specific City of Fort Worth issues agreed upon by the Consultant and the City, deliver a written report which outlines the potential for state revenues related to those issues, and make specific recommendations. More specifically, Consultant shall 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 (Dates of Service); Renewal This contract shall begin January 15, 2005, and terminate February 15, 2005, unless terminated sooner as provided herein in Section 6. There shall be no automatic renewal provision for either party related to this contract. 3. Point of Contact Consultant shall cooperate with and report to the City's Director of Governmental Relations and the City Manager, who shall, in turn, relate to Consultant the City's legislative revenue and appropriations requests and goals. Consultant shall respond to requests made by the Mayor, the Chair of the Government and Neighborhood Relations Committee, the City Manager, and the City's Director of Governmental Relations. Consultant shall coordinate all responses or actions taken on the City's behalf through the City's Director of Governmental Relations, or the City Managers designee. f � ;ll � •^� U �tle .• `rd.� q 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 sub-consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between the City and Consultant, his officers agents, employees, and sub-consultants, and the doctrine of respondeat superior shall have no application as between the City and Consultant. 5. Payment, Expenses, and Travel In full payment and consideration for all services furnished hereunder and in Exhibit A, and subject to the termination provisions set out in paragraph 6 of this agreement, Consultant shall be paid $9,750, with $5,000 due on January 20, 2005 and the remaining balance due February 14,2005. Payments are due and payable by City upon receipt of an invoice from Consultant or his company. In addition to this amount, Consultant shall be reimbursed for the reasonable cost of travel, meals and lodging which Consultant incurs when the Mayor, the Chair of the Government and Neighborhood Relations Committee, the City Manager, or the City's Director of Governmental Relations requests that Consultant travel in the performance of services reasonably related to this contract. Consultant shall submit invoices for such expenses, supported by adequate records and statements, for an amount not to exceed $750 for the term of this contract, unless otherwise authorized by the City. 6. Termination for Breach The City may terminate this Agreement at any time for breach of this Agreement by providing a 5-day written notice or terminate without cause by providing a 10-day written notice to Consultant. Upon termination, Consultant shall provide reproducible copies of completed or partially completed reports, summaries or other documents prepared under this contract, which shall become the property of the City. Consultant shall be reimbursed for expenses incurred up to the date of the notice of intent to terminate, plus such costs that are reasonably incurred for termination services. 7. Work Product Consultant shall furnish the City a written report as outlined in Exhibit A. All of the reports, information and data prepared or assembled for the 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 Within 10 calendar days from the date of execution of this contract, Consultant shall provide City a list of other municipalities, counties, and transit agencies that he represents. Upon request, Consultant shall provide the City's Director of Governmental Relations, or the City Managers designee, a list of all other clients he represents. If Consultant enters into a contract with any other client that might be in conflict with this contract, he shall, within 2 calendar days after the execution of the contract, notify City of such potential conflict in writing. If the City, in 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. If the conflict cannot be resolved to City's satisfaction, City may terminate this contract for cause. Consultant shall comply with Section 305.028 of the Texas Government Code. 9. Venue & Law 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 lie in state courts located in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 10. Agent All written notices called for or required by this Agreement shall be addressed to the following 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: Fort Worth City Attorney, and Governmental Relations Department (Director) (at same address as above) Consultant: Lawrence Collins Integrated Public 815 Brazos, Suite 200 Austin, Texas 78701 11. Access to Work Product and 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 sub-consultant 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 sub- consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant 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 sub-consultant reasonable advance notice of intended audits. J WITNESS our hands this day of�bn 200 ATTEST: CITY OF FORT WORTH "y City Secreta Assistant it aWag Or APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney' Law Collins D ate: Date:'L EXHIBIT "A" Scope of Services 1. POLICY ISSUES. With regard to the report and research specified in paragraph one (1) of this contract, Consultant shall agree to research, at a minimum, the following issues: a. afterschool program funding, b. fire department facilities, c. computer equipment for libraries, d. tower 55 rail intersection, e. fort worth business assistance center, and f. tourism enhancements (equine industry) 2. GOALS & OBJECTIVES. Consultant shall work with the City's Director of Governmental Relations to establish the appropriation and financial goals associated with each issue listed in paragraph one and any other issues. In establishing these goals, Consultant shall, upon request and when necessary, make one trip to Fort Worth to consult with appropriate City officials to further determine the City's goals and objectives related to the policy issues found in paragraph one. 3. APPROPRIATION / FUND PROFILE. Consultant shall conduct a profile of the appropriations for each identified issue and report in writing significant existing state revenue sources (i.e. - direct appropriations from the 2004-2005 biennium or statutorily authorized funds in the state treasury). Applicable significant history, revenue, expenditure, and method of finance will be included in report by consultant. 4. NEW REVENUES. Consultant shall identify in writing any potential or suggested new revenue sources applicable to the issue identified in paragraph one. 5. STATUTORY & REGULATORY REQUIREMENTS. Consultant shall research and provide in writing a summary of significant statutory requirements and regulatory rules associated with each issue identified in paragraph one that may impact the City's successful strategic implementation of consultants findings or suggestions. 6. POLITICAL ASSESSMENT. Consultant shall assess in writing the political situation related to each issue identified in paragraph one. 7. STRATEGY RECOMMENDATIONS. Consultant shall recommend in writing a suggested course of action and a strategy for moving toward the respective goals established with the City. 8. WRITTEN REPORT. With a target date of January 24, 2005 the Consultant shall provide the City's Director of Governmental Relations one comprehensive written report containing in an organized fashion all the services and finding described in this EXHIBIT A. In any case, Consultant shall provide the City a report on all services and findings described in Exhibit A by February 1, 2005. k ' f�