HomeMy WebLinkAboutContract 39669-A1CITY SECRETARY
CONTRACT NO,!���-
STATE OF TEXAS § FIRST ADDENDUM TO
§ CITY SECRETARY CONTRACT
COUNTY OF TARRANT § NO. 39669
This FIRST ADDENDUM TO CITY SECRETARY CONTRACT NO. 39669 ("Addendum") is
made and entered into by and between THE CITY OF FORT WORTH, a home -rule municipal
corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant
City Manager, and THE ELIM GROUP ("Consultant"), a sole proprietorship, acting by and
through its duly authorized President and Chief Executive Officer.
WHEREAS, on December 15, 2009, the Fort Worth City Council approved M&C G-
16788, authorizing execution of an agreement with Consultant for meeting facilitation services
related to review of the City's pension and healthcare benefit systems; and
WHEREAS, City and Consultant made and entered into an Agreement for Professional
Services, the same being City Secretary Contract No. 39669 ("Agreement"); and
WHEREAS, under the Agreement, Consultant provides meeting facilitation services to
the City with such services being billed in four-hour increments referred to as Elim Group Units
("EGUs"); and
WHEREAS, the Agreement addresses provision of and compensation for 40 EGUs; and
WHEREAS, the City has requested, and the Consultant has consented to provide,
additional EGUs; and
WHEREAS, the parties wish to enter in to an Addendum to the Agreement to address
the provision of and payment for the additional EGUs under the same terms and conditions
established in the Agreement.
OFFICIAL CORD'
NOW, THEREFORE, City and Consultant agree as follows: CITY SECRETARY a
FT. WORTH, TX
First Amendment to Contract No. 39669 Page 1 of 5
1. Scope of Additional Services. In addition to those services addressed in Fort Worth City
Secretary Contract 39669 ("CSC 39669"), Consultant covenants and agrees, with good faith and
due diligence, to assist the City of Fort Worth by facilitating meetings to consider potential
changes to or restructuring of the pension and healthcare benefit systems for active and retired
employees and the potential long- and short-term budgetary impacts any such changes might
have ("Additional Services").
The City commits to requesting and paying for at least 20 EGUs, as that term is defined
in CSC 39669, of Additional Services (`Base Amount"). Further, Consultant agrees to provide,
at the City's request, 10 EGUs in excess of the Base Amount, to be authorized and paid for in
increments of 5 EGUs as described below. The City shall not be obligated to pay for Additional
Services EGUs in excess of the Base Amount unless the City opts to request such services.
The total amount of the Additional Services under this Addendum shall not exceed
30 EGUs. The combined total for all services rendered under the Agreement and this Addendum
shall not exceed 70 EGUs unless agreed otherwise in a written instrument signed by both parties.
2. Compensation.
a) Facilitation Fees
As full and complete compensation for the Base Amount of Additional Services,
Consultant shall be paid a total facilitation fee of Twenty -Five Thousand
Dollars ($25,000.00) plus expense reimbursement as detailed below. As full and
complete compensation for the first 5 EGUs in excess of the Base Amount,
Consultant shall be paid a total facilitation fee of Six Thousand Two Hundred
and Fifty Dollars ($6,250.00) plus expense reimbursement as detailed below. As
full and complete compensation for the second 5 EGUs in excess of the Base
Amount, Consultant shall be paid a total facilitation fee of Six Thousand Two
Hundred and Fifty Dollars ($6,250.00) plus expense reimbursement as detailed
below. Consultant understands and acknowledges that City staff cannot agree to
pay any facilitation fee in excess of these amounts without receiving additional
approval from the Fort Worth City Council.
First Amendment to Contract No. 39669 Page 2 of 5
b) Expense Reimbursement
In addition to any fees due under Subsection (2)(a), City shall reimburse
Consultant for actual travel -related expenses (such as personal car mileage, tolls
and a limited per diem). Personal car mileage will be billed at standard IRS
business mileage rates in effect at the time of travel. City shall also reimburse
Consultant for actual cost of other expenses incurred in the performance of the
duties under the terms of this Agreement, including postage and shipping,
materials, training aids and other reasonably necessary expenses. The total cost of
all expense reimbursement associated with the 30 EGUs of Additional Services
provided shall not exceed Three Thousand Seven Hundred and Fifty Dollars
($3,750.00).
c) Structure of Pavments
i. Consultant's Facilitation Fees will be divided into three payments as
follows:
On Execution of the Addendum
$25,000.00
City's Request for First 5 EGUs in Excess of Base Amount $6,250.00
City's Request for Second 5 EGUs in Excess of Base Amount $6,250.00
ii. Consultant shall provide the City with a signed fee invoice summarizing
the portion of the services for which payment is being requested. If the
City requires additional reasonable information to substantiate the invoice,
it shall request the same promptly, and the Consultant shall provide such
additional reasonable information to the extent the same is available.
iii. Expense reimbursement shall be paid monthly. No later than the 15th day
of each month, Consultant will provide City with an invoice detailing the
actual costs incurred in performing services under this Agreement during
First Amendment to Contract No. 39669 Page 3 of 5
the preceding month. Invoices are due and payable within 30 days of
receipt.
iv. In the event of a disputed or contested billing, only the portion being
contested will be withheld from payment, and the undisputed portion will
be paid. City will exercise reasonableness in contesting any bill or portion
thereof. No interest will accrue on any contested portion of the billing
until the contest has been mutually resolved.
V. For contested billings, the City shall make payment in full to Consultant
within 60 days of the date the contested matter is resolved. If City fails to
make such payment, Consultant may, after giving 7 days' written notice to
City, suspend services under this Agreement until paid in full, including
interest calculated from the date the billing contest was resolved. In the
event of suspension of services, Consultant shall have no liability to City
for delays or damages caused to City because of such suspension of
services.
3. Amlicability of Other Terms of CSC 39669 With respect to the Additional Services, the
City and Consultant agree to operate under and be bound by all terms and provisions of
CSC 39669 save and except Section 1, "Scope of Services," and Section 5, "Compensation."
To the extent provisions of CSC 39669 refer to "services," those provisions shall also be read to
include the "Additional Services."
First Amendment to Contract No. 39669 Page 4 of 5
EXECUTED on this, the 4*%day of , 2010 .
CITY OF FORT IT':'ORTH, TEXAS
Karen L. Montgomery
Assistant City Manager /
Date Signed: "l �-bo
ATTEST:
Marty Hend "
City Secretary
APPROVED AS TO FORM
AND LEGfl ITY:
l
Denis . McElr
Assistant City rney
No M&C Required for Amendment
Original Contract Authorization M&C G-16788
Michael A. Conduff
President and Chief
Date Signed: /),,�
WITNESS: /n�
o �cA U`
OFFICIAL Rm CORD
CITY &= CETARY
FT. WORTH, TX
First Amendment to Contract No. 39669 Page 5 of 5