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Home My WebLink AboutContract 28569�IiY ��CF��,��lf/�p� CONTt�A�T' t�. �( D�� i� �� i�x�� § C�UF��Y O� �i4RRARl� § F��O��SSIQNr4L �OP��UL�Ii�G C�FV�'�r4C� This agreement is made and entered into by and between the City of Fort Warth ("City"), acting herein by and thraugh its duly authorized City Manager, Gary Jackson, and Virginia M. Mayer, whose prir�cipal office is located at 6104 Wooten Dri�e, Falls Church, VA 22D44, hereafter called "Consultanf". '�. �CO�� O�' �GRVtC�S Cor�sultant agrees to perForm in accordance with the hrghest professional standards the following professiona! and personal services: Consulfing services wi#h regard to federal programs and policies and de�elopmer�t of a strategy to assist Fort Worth articulating its needs and assefs in connection therewith as mare specifically described in the at�ached and incorporated Exhibit "A". �. C�Il��l�NSATI�N A. The maximum amount to be paid ta Consultant for ail services performed and expenses incurred shall not exceed $56,d0�.00 A professional fee of Forty-Eight Thousand Doll�rs {$48,QOQ), and reasonable and necessary documented expenses in an amount not to exceed Eight Thousand Dollars ($8,DOD). B. The pro�essiona! fee will be billed in twelve equal monthly installments of $4,000.00. C. Expenses shall be billed by Consultant on a monthly basis and must be supported by receipt to be reimbursable, in addition fo appro�a[ by t1�e City Manager ar his designee. D. This contract shall be in efi�ect fram October 1, 2002 through September 30, 2Q03 unless iermina#ed saoner as pravided herein. The contract terms for the extensions are subject to the appravai and discretion of the City Manager. Vf�iS�i�1n1� il�: ' �� /��. , � i \i �V��' 9 1 �h 3. T�RM The term of this Agreement shafl begin effecti�e Octob�r 1, 2002 and end on September 3Q, 2D03 with an option to renew for up to two successi�e on�-year terms a# the Cify's op�ion. 4. 1`�CRI4�IR�AiI�IV A. Ciiy may terminate this Agreement at any time for cause or for the con�enience of the City by nofice in writing to Consultant. Upon the Receipt of such no#ice, Consultant sha11 immediaie}y discontinue all services and wark and fhe placing of all arders or the entering into eantracts for all supplies, assistance, facilities and materials in connection with the perFormance of this Agreement and shall proce�d ta cancel promptly all exisfing contracts insofar as #hey are chargeable io this Agreement. If th� City terminates this Agreement for con�enience pursuant to this Section, the City shall pay Contraetor for services actually and satisfactorily perFormed in accordance herewith prior ia such terminatian, in accordance with a fina[ staterrient submitted by Consultant documenting the performance of such work. Consuliant sha[I nof be entitled to los# or anticipated prafifs shauld City choose to exercise its option to terminate. B. In the event insufFicienf funds are appropriated by the Cify Council for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriatio�s were made without penalty or expense to City of any kind whatsoever. C. Upo� terminafion of this Agreement for any reason, Cansultan� shall provide the City with copies of all completed or partially completed dacuments prepared ur�der this Agreement. 5. CBi��I��iV�'I�►�I�l( No reports, doc�menfaiion, projeet e�aluation, project designs, daia or other information cle�e[oped by, given io, prepared or assembled by Consultant under this Agreement shall be disclosed or made available to any indi�id�al ar organizativn by Consultanf without the express p�ior written approva{ of the Ciiy. 6. O'4�NERSHI� OF DO�IIIVY€NTS Upon acceptance or ap�roval by the City, all reports, infiormation, data, and other deli�verables given fo, prepared or asserrtbled by Cons.�l�nt under this Agreement, and oth�r related docume�ts or items sh�ll��rr�� vp ��r � ��u°4�1 �� "� p4U r the sole property ofi the City ar�d shall be deli�ered to the Cify, without resfricfion on fufiure use. Consultant may retain copies for its files. 7. IfVD�i�V[�[�I�A�'IORl; �IA�I�ITY A. Consultanf shall indemnify and hold the City and its officers, agents, and employ�es harmless from any loss, dama�e liability or expense for damage to property and injuries, including death, . #o any person, including but not limited to officers, agenfs or employees of Cansultant or subcontractors, which may arise out of any negligen# act, error or omission in the per%rmance of this Agreement. Consultant shalC defend at its own expense any suits or other proceedings brought against the City, its officers, agents and employ�es, or any of them, resulting �'rom such negligent act, error or omission; and shall pay all expenses and satisfy all juclgments which may be incurred by or rendered against them or any Qf them in connectiart therewifh resulting from s�ach negligent act, error ar omission. B. Appro�al of Gity shall not constitu#e nor be deemed a release of �he responsibility of t�e Consultant, its employees, agents or associates for the aceuracy and competency of fheir designs, reports, information, and other documents or services, nor shall appro�al be deemed to be the assumption of such responsibility by City for any defecf, error or omission in the documents prepared by the Co�sultant, its employees, agenfis or associates. 8. INDEPEIVI�Ei�i COR�i�►�� Consultant shall pertorm al! work and ser�ices hereunder as an independent contractor and no# as an ofFicer, agent or employee of the Gity. Consultant snall ha�e exclusi�e control af, and the exclusi�e righ# �o control, the details of the work performeei hereunder and all persons performing same and s�ali be solely responsible for the acts and omissions of its officers, agents, employees and suf�contractors. Nothing herein sha[I be consirued as creating a partnership or joint �enfure between the City and the Consultant, its officers, agents, employees and subcontractors; and #he doctrine of responc�eat superior shall have no application as �et►Neen the Ci#y and the Consultant. 9. D[SC��SU�� OF �OP�F�IGiS Consultant warrar�ts to the City ofi Fort Worth fiha# it has made full disclosure in writing of any existing or pofential conf[icts of interest relafied to the services to be perFormed hereunder. Consultant fur�her warrants that it will make prompt disclpsure in writing of any conflic#s of interest which devekop subse�uent ta the sigr�ing of this Agreemer�t. __ �� u�� @�R ,� , ^"'4,�� `� �p� 'c ,� � !� � 10. RIGF�T TO �UDIi A. Consultar�t �grees fihat the City shall, until the expiration of three (3) years after fina] paymenf under this Agreement, ha�e access to and th� right to examine any directly pertinent �aoaks, documents, papers and records of the consuitan# invalving transactions relating to �his Agreemenf. Consultant agrees fhat the Cifiy shall have access during normal warking hours to all necessary Consultant facilities and sf�all be prouide� adequate and appropriate work space in order to conduct audits in compliance with the pro�isions of fhis section. The City shall give Consultant reasonable advance r�otice of intended audits. B. Consultant further agrees t�s include in aIl its permitted subcontractor agreements hereunder a provision to the effect that the subcontractar agree fhat fhe City shall, until fhe expiratian af three (3) years afker �nal payment under the subcontractor, have access to and the right to examine any directiy pertineni boaks, documents, papers, and records of such subcontractor in�ol�ing transactians ta the subconfiractors, and further that Cify shalf have access during normal wor�ing hours to all subcontractor facili�ies and shall be pro�ided adequate and appropriate wor�C space i� order to conduct audits in compliance with the pro�isions ofi fhis paragraph. City shall gi�e subcontractor reasanable ad�ance notice ofi intended audits. '91. ��IU�I�LI�►Rl�� I�Vlib IVYIIN�� RDINANICE Consultant sha[I cnmply with the provisio�s of #he City's Minority and Women's Business Ent�rprise Ordinance, as amended. 12. PROFiI�IiION O� �.�SIG[dh��R�� Neifiher party hereto shall assign, sub[et or transfer its interest herein without fhe prior written consent of the other party, and any attemp��d assignment, sub[ease or transfer of all or any part hereof without such prior written consent shall be vaid. 13. Gi�OiC� �� 41f�: 1��R�L�� A. The Agreemenf shall be constr�ed in accordance with� �he interrtal law of �he State af Texas. B. Should any action, at law or in equity, arise out of �he terms of this Agreement, exclusir�e venue for said ac#ion shall be in Tarrant County, Texas. b �� : R�'��' Y' tlR !' � I � + EXHIBIT "A" SCOPE 4F' SERVICES Virginia Mayer (Mayer} wiA assist �he City of Fort Worth with sfrategic planr��ng related to its federal agenda, including clearly articulating goals set by the Mayor, Counci� and City Manager and identifying opportunities both within fihe federal budget and with privafe and non-profit arganizatEons. These opportunities include funding, technical assis�ance and positive exposure for Fort Worth's initiati�es. 2. Mayer will participate in a s#rategic planning session in the 'fall in Fort Worth with Bracy Tucl�er Brown {BTB) to plan fihe City's federal agenda and #hen be a�ailable to participate in atl�er planning sessions as appropriate. 3. Mayer will worl� c[osely wit1� BTB in the design and execution of fh� City's federal agenda, inclutiing I�gis[ative proposals, appropriatians priorities and other initiatives that address the city's priarities. 4. Mayer will wark with Cify staff, BTB and ofhers to ad�ance t�e lJrban Vi[lages initiative - incEuding packaging the proposals for funding, identifying passible technical assistance and other effarts. 5. Mayer will work with BTB on the City"s Transportation priorities, including reauthorizat�on of T-3 and specif�c funding and I�gislaiiue priorities. 6. Mayer wi�l work wi#h City stafF, BTB and various housing-related organizations and agencies to further the City's hausing prioriiies. 7. Mayer will assist in the planning of Washington meetings for the Mayar, City Cour�cil members, the City Manager and staff and atfend as appropriate. 8. Mayer will respond to requests made by the Mayor, City Council anci City Manager, in coordinafion with BTB and will be a�ailable for priority a5signments as they arise. 9. Mayer will attend and represent the interest af the Ciiy in meetings ofi city and urban organEzations in Washingtan, DC. 10. Mayer will pro�ide quarterly formal repo�ts to the City Council and the City Manager detailing activities undertaken in Washington on behalf of th� C ity. � � �i��l°� �. r G �y��Rr��' �� '' �I, � EXEeUTEa c�n this, the ��h day of ATTEST: � -��- '� , � _:/ �/� /r� .��` ity Secret�try � APP VED AS TO FORM AN� LEGALITY: , GG� . � City Attarney� O � � 15�� Contract Authorization � � 1�10� Date �""I r �� [ � City of Fprt Wv � �� iiii '�4e, �+r� �4clua.: `j ifi nager Assi , 2003. CONSULTANT: �• .._.� � �1 /. �,� � . . - � ��I�+� �'t��i�!�u ,G �� !� �, �$� ��1 ��, - - �__ �`ity of'aF'ort T�'ori�i, T'exas �y�� d ��u�n�;[ �,��y��;a� DATE R�FERENCE NUMBER LOG NAME . F'AG� 3/18103 �p� 9��0 I 02MAYER � 1 of 2 SIJBJEGT PR�FESSlONAL SERVECES CC)NTRAGT WITH 1l��l�PJ�4A P�Y�F�, FaR C�NSULT�NG SERVIGES FOR �EDERAL PR�GRAMS AND POLICIES RECOMMENDATfON; !t is recommended that the City �caunci�: 1. Au�horize the Cify Manager ta �^xecute a professionai �ervices contract with �irginia Mayer for an amour�t nat to e�ceed $56,000 for Washingtnn-based consulting services; a�d � 2. Authorize the term o� the contract from Octo6�r 1, 20Q2, to September 2�, 2Q03, with an option to renew under the cor�ditinns outlinea wi#hin the contract. , DISCUSSION: 1�irqinia M. Mayer is a Wasf�ington �,C. cartsultant with a principa� affice in Falls Church, Virginia. Ms. � iMayer has been under cantract witY� the City of Fart Worth to pro�i�e consultant sefvices reRating to federal programs and policies that be�efit the City. Ms. Mayer has been instrumenta� ir� conjunction with the City's Washington D.C. firm of Bracy Tucker Brown in develaping strategies to pursue and � successf�lly obtain passage of appropriations for programs, as well as identifying grants ti�a# address Ci#y needs. � _ I Tne strategies develaped by Ms. Mayer, urtder �re�ious contracts, ha�e served as valuable r�sources in working with congressiana! delegatians and at�er �federai agencies. As federal policies and pragrams are de►�eioped, it is Ms. Mayer's task to identify opportunities within the po[icy and program � gr�ic�elines �tl�at will benefit and potentially address the City's needs. l�nder the umbrella vf strategy developm�nt,{t��re are a n�mber �af issues where #argeted assistance � coulcf be provided to solve a specifi� problem, capiure opportunities, ar further er�nance successful efforts. Strategic planning must be used .to id�ntify altern�ti�e f�nding resources, seek alterna#ive solutions ta problems, i+�entify and connect to best practices, and ensure that the needs of the City of � �� Fort Worth ar� clearly defined, articulated, and understood. � Under the terms oi the agr�ement, Virginia Mayer will be paid $4,d0� per month with additional i� expenses not ta �xceed $8,000. A. monthly status report wiU be prouidecf io the City detailing actions tak�n during that mon#h. � �