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HomeMy WebLinkAboutContract 27597CITY SE��E�'i4�Y � CONi�AC� fV�. _ STATE OF TEXAS � , ��,, � COUNTY OF TARRANT § � r ; � C01���4G� This agreement is made and entered into by and between the City of Fort Worth ("City"), acting herein by and through its duly authorized City Manager, Gary Jackson, and Charfes W. E�ans ("E�ans"), the person whose persona! services are to be retained hereur�der. For and in consideration of the co�renants and promises contained herein, the parties hereto agree as follows: 1. For and in consideration of the payment af the amounf of money set out in Raragraph 4, E�ans agrees to represent the City concerning IegislatiWe and administrati�e matters before members of ihe Texas Legislature and officials of state adminis#rati�e agencies and �oards, both during the official sessions of the Texas Legis[ature and ai other times during fhe term af this contract, upon request of City. More specifically, E�ans agrees to perform the personal services described in Exhibit "A", which is attached hereto and mad� a part of this contract for a[I p�rposes. � This contract shall begin March 1, 2002, and terminate February 28, 2003, unless terminated sooner as pro�ided herein. At the end of the contract term, the City, at its discret�on may exerc�se a one-year op#ion to renew this contract under the same t�rms and conditions contained herein. � ������'GQ °�� ��� . �n�� �r. F `. � . �� �- 3. E�ans agrees fo coopera�e wi#h the designated representati�es of Citar, including regular consuftatian wifh City Manager, who sha11 relate to Evans requests from the afficials of C�ty. E�ans will respond fo requests made by the Mayor and City Council Gavernmental Relations Committee Chair, coordinating all responses or actians taken through the City Manager or his designee. ln perForming th� services hereunder, Evans shall do so as an independent confiractor and nat as an officer, agent, servant or emp�oyee of the City of Fort Worth. He shall have exclusi�e control of, and exclusive right to control, the details of the serv�ces perFormed hereunder and sha[I be solely responsible for his acfs ar omissions. Nothing herein shall be construed as creating a partnership ar joint enterprise beiween the City of Fort WVor�h and Evans, and the doctrine of respondeat superior shall have no application hereunder. 4. In full payment and consideration far a#I services furnished hereunder, and subject to the terminafion provisians se# aut in paragraph 5 of this agreement, E�ans shall be paid $6,750.00 per month during each month in w�ich the legislature is in session and $5,7�0.00 per month during each month in which the legislature is not in session for the term of this eontract. It is understood that said paymen#s are due and pay�ble by City upon receipt af an in�oice fram Mr. Evans ar his company {Government Affairs Ltd}. In additian ta this amount, Evans shall be reimbursed for fihe reasonable cost of travel, meals and lodging which E�ans incurs when the City Manager or h�s designee requests that E�ar�s tra�el in the perFormanc� of services reasonabfy related to this contract, and E�ans shall submit invaices for such expenses, supported by adequate records and statements for an arnount not to exceed $5,000 for fhe �erm of this contrac#. �. This confiract may be terminated by either party in the e�ent of breach of its terms by the City or by E�ans, following thirty (30) days written notice of such termination. In s�ch ev�nt, all products prepared by E�ans F�ereunder shall become the property of the City, and Evans shall be reimbursed for expenses of authorized #ra�el, meals and lodging incurred up to the effecti�e date of th� termination, after whicf� time all �ayment obligation vf City under this contract shall end. :� E�ans sha11 furnish the Gity periodic repor�s on his work at such time as fh�e City may request. All of the reports, information and da�a prepared or assembled for City under this cantract shall be kept confiderttial and shall nof be made a�ailable to any individual or organization withou� the prior written appro�a! of the City. 7. E�ans shall inform the City of any other municipalities he represents and note any other clients that mighf represent a�otential conflict of interest. If the City, at its sole discretion, believes that a conflict exists, such conflict shall be discussed by E�ans and the City and resol�ed to the satis#action af the Cify. � Should any action, whether rea[ or asserted, at law or in equity, arise out o# or in connection with this contract, �enue for said action shall li� ir� Tarrant County, Texas. WITNESS vur hands thas ��day of _L�� , 2002 ATTEST: � �r�,� " .� , City Secret� _ � , t, �� Con�raC� Aut�orization �'�(� `�� Date � GITY OF FORT WORTH APPROVED AS TO F4RM AND LEGALITY: �S �� City Attor ��— ��y � � � Ci#y Manager C ANT Charles Evans Date: ��"� ��2— Date: .� �-/3- Q2 �r�:�� V�?l��v�{U� ��� � ����, �XHI�1T "�," �cope of Services 'I . Euans will provide advice and caunsel regarding thos� state agencies and commissions which interface with fhe City and will pramote working relationships and goodwi[I betw�en the City and key s�aff and board members of those sfiafe agencies and commissions, when requesfied by the City. 2. Evans wi[I generally cooperate with City Manager to promote the passage of praposed legislative in`[#iatives included in the City Council adopted legislati�e agendalpacket, in coaperation with City representatives. E�ans wi[I assist, vu�hen requested, in acquiring sponsars for bills in fhe packet. 3. E�ans will inform the City {generally by contacting City Manager) of any legislati�e initiatives felt to be possibly detrimerttal to the interests of the CEty, as he becomes aware of any such initiati�e. 4. E�rans will promo#e worl�ing refationships and goodwill between the City and members of fihe Legislafiure, the Executive Branch, and the staffs thereof, wi#h particular emphasis on House and Senate leadership, key committee chairs and members, the Tarran# County delegation and members of ag�ncies, commissions and boards. 5. E�ans will assist in introducing City Manager to members of the Legislature and staff members, in particular #he leadership and members of the Tarrant County delegation and members of agencies, commissions and boards. 6. Euans wili provide ad�ice and courtsel to Ciiy Manager regarding legislative strategy and provide such �aekgraund informafion as proponents, opponer�ts, attitude of key legislators, and positions of relafed entities. 7. When requested by Ci�y Manager, E�ans wilf, either tefephanicafly or in written memorandum, summarize contacfs made with legislators and key staff on behalf af the City. As the need arises, he will discuss with City Manager coverage of key committee hearingslmeetings, and E�ans will attend hearingslmeetings as necessary and poss�ble. C`ity of �o�-t �'Vorthp Texas �ry�r a�� ��c��c�l �,�r�r�u��t;�at��n DATE' REF�F2ENCE NUMBER LOG NAME PAGE 3/18/03 �_ j g�r�j � 02EVANS � of 2 SUSJECT PERSONAL SERVICES CONTRACT WITH CHARLES W. EVANS FOR CONSULTATIUN AND REPRESENTATION ON STATE ISSUES RECOMMENDATI�N: it is recommendecf that the City Council: 1. Author�ze the City Manager to enter into a one-year c�ntract agreement with Charles W. E�ans for personal ser�ices involving consultation and reprasenta#ion related to issues of concern to the City of Fort Worth before the state legislature, the stat� agencies, commissians, and the Go�ernor; and 2. Authorize the term of the eontract from March �, 2003, to February 28, 20D4, with a ane-year option ta renew at the same terms and conditions. DfSCUSSION: The City af Fort Warth retains ouiside consultant services based in Austin ir� order ta ma9ntain resident expertise in stata affairs. The rale of an outside consultanfi in state affairs has �een to assist the City in pr�mating and protecting ifis legislative interests in Austin. Charles Evans, who is a former member of the Texas Legislature, has pro�en e�ctrem�ly hefpful and effiective in assisting with the City's state legislati�e program, as well as assisting in monitaring the interim activifies of the Legislature, wh�n not in session. The current contract expired on Fe�ruary 28, 2003. The or�e-year extension of the contract requires #hat Mr. E�ans provide advice and counsel regarding s#ate agencies and cammissions, as well as praviding assi�tance in promoting passage of I�gisEative initiati�es for the City during legis�ati�e sessions. The terms in th� contract call for the City to compensate Mr. Evans a# a rate of $7,Q00 p�r month during the months that the Texas Legislature is in session, and $6,000 in all other months. The City, under the contract terms, does nat reimburse Mr. Evans for expenses other thart those incurred when he is asked to t�avel to Fort Worth at the requesi of the City Council or staff. The reimbursab�e expenses shall not exceed $�,000 for the one-year contract term. The details of the agreement �etween the City and Mr. E�ans, including the scope of services, ar� reflected in the attached proposed contract. C'ity of �o�t �orth, T'exas �y�r �rn� ���r���l �����rr����t;�r� DATE REFERENCE NUM�ER LOG NAME PAGE 3/18/a3 ��19519 02EVANS I 2 of 2 su�.��cT PERS�NAL SERVICES CONTRACT WITH CHARLES W. EVANS FOR CQNSULTATION AND REPRESENTATION ON STATE �SSUES FISGAL INFORMATIONICERTIFICATfON: The Finance Director certifies that fu�ds are available in the current operating budget, as appro�riated, of the General Fund. JP;k Submitted For City Manager's O�f"ice by: Joe Paniagua priginating Department Head: Brandnn Aghamalian Additional Informatio�n Catrtact: Brandon A$hamalian FUND I AGCOUN� � CiNTER � AMOUNT (ta) 6140 b 168 j (from) � GG01 539120 � G16$ I 0905500 � � � -- � $82,04�.OD CTTY SECRETARY APPI20VBD 3/18/03 City of'�'oYi l�o�th, T'exas I��yor ano� Cou�ci[ Car�mur��ca��on ❑ATE RE�ER�NCE NUMB�R LOG NAME PAGE 2126102 **��� $�75 --� 02STATE suB��c7 PERS�NAt SERVICES C�NTRACT WITH C: " r'.�� CONSLf�.TATI4N AND REPRESENTATION �iV STATE 15SUES RECOMMENDATlON: ' It is recommended that the C�ty Council: 9 af 2 �'v. �;ir'�I�;J FOR AutF�arize the City Manager to enter into a one-year cantract agreement with Charles W. Evans in an amount not to exceed $77,000 for p�rsonal se�vices invofving consultafion and re�resentatian related to issues of concern to the City of For� Worth befiore the state legislature, the stata agencies, commissions, and the Gouernor; and 2. Authoriz� the term af t�e co��ract to begi� MarcY� 1, 2aQ2, and expire February 28, 2003, with a one-year o�#ian to renew at the same terms a�d canditions. DISClJ551�N: The City of Fart Worth retains outside cor�sultant services based in Austin in ard�r to main#ain resident ex�ertise in state affairs. Th� role af an. outside consultant in state affairs has been ta assist #he City in promoting and protecting its 1e�islati�e interests in Austin..� Charles Evans, who is a�nrmer member of the Texas Legislature, has praved to be extremely helpful and effective in assisting with the City's Sfate L.egislative Pragram as well as assisting in monitoring t�e interim activities of the l.egislature when that body is not in sessian. T�� current contrac# expires an February 28, 2002. The one-year extension o'F the contract requires that Mr. Er�ans provide advice and coU�sel regarding �tate agencies and commissions as wel� as pravide assEstance in pr�mat�ng passage of legislative .�itiatives for the City during legislative sessians. The #erms i� the contract call for tE�e City to camp�nsate Mr, E�ans �t a rate af $6,750 per mor�th during the months that tMe Texas Legislature is in sessian, and $5,75a in all other months. The C�ty, under fihe contract terms, daes not reimburse Mr. Evans for expens�s other #han those incurred by Mr. Evans wh�n he is asked to fravel to Fort Wflrth at the request of the City Council or staff. The reimt�ursable exper�ses shall not exceed $5,000 for t�e one-year canfract term. The d�tails of the agreement betwa�n the City and Mr. Evans, incEuding the scape of services, are reflected in the attached pro�osed contraci. ' C"ity of �ort T�iTo�th, T�"exas ,� � f�ayor and Counc�� Ca�nmu�ica�ion i DA7E REF�R�NC� NUMB�R LUG Ni�Mk �� PpGE 21261Q2 **��'� �9�'� � �2ST�TE 2 of 2 sua.l�c� PER50NAt SERVICES CONTRACT W1TH �,� �S �`, ��'�l�ii�i� FOR . C4N5ULTATiON AND REPRESENTATION ON STATE 1�'S�1� FiSCAL fNF�RMATlONICERTIFICATION: The Finance Director certifies that fur�ds are availabfe in the curr�nt operating budget, as ap�ropriated, of the General_Fund. ce:�c Subm➢tteci for Clty Manager's Office 6y: Charles Saswek Originating Department Head: CharIes Boswell Additional InformatFon Contact: Belty Scott FIiND I ACCOU1�iT I CENTER � AMOUNT � CITY S�CR�TARY (to) 8511 - 8511 (from} GGO'I 7544 � � Al'PStOVED 0212G/02 539'I20 DSa5500 $77,000,00 �