HomeMy WebLinkAboutContract 29712 CITY SECRETARY
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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 City Manager,
Gary Jackson, and Charles W. Evans ("Evans"), 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.
For and in consideration of the payment of the amount of money set out in
Paragraph 4, Evans agrees to represent the City concerning legislative and
administrative matters before members of the Texas Legislature and officials of
state administrative agencies and boards, both during the official sessions of the
Texas Legislature and at other times during the term of this contract, upon
request of City. More specifically, Evans agrees to perform the personal services
described in Exhibit "A", which is attached hereto and made a part of this
contract for all purposes.
2.
This contract shall begin March 1, 2004, and terminate September 30,
2004, unless terminated sooner as provided herein. At the end of the contract
term, the City, at its discretion may exercise a one-year option to renew this
contract under the same terms and conditions contained herein.
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3.
Evans agrees to cooperate with the designated representatives of City,
including regular consultation with City Manager, who shall relate to Evans
requests from the officials of City. Evans will respond to requests made by the
Mayor and City Council Governmental Relations Committee Chair, coordinating
all responses or actions taken through the City Manager or his designee. In
performing the services hereunder, Evans shall do so as an independent
contractor and not as an officer, agent, servant or employee of the City of Fort
Worth. He shall have exclusive control of, and exclusive right to control, the
details of the services performed hereunder and shall be solely responsible for
his acts or omissions. Nothing herein shall be construed as creating a
partnership or joint enterprise between the City of Fort Worth and Evans, and the
doctrine of respondeat superior shall have no application hereunder.
4.
In full payment and consideration for all services furnished hereunder, and
subject to the termination provisions set out in paragraph 5 of this agreement,
Evans shall be paid $7,500.00 per month during each month in which the
legislature is in session and $6,500.00 per month during each month in which the
legislature is not in session for the term of this contract. It is understood that
said payments are due and payable by City upon receipt of an invoice from Mr.
Evans or his company (Government Affairs Ltd). In addition to this amount,
Evans shall be reimbursed for the reasonable cost of travel, meals and lodging
which Evans incurs when the City Manager or his designee requests that Evans
travel in the performance of services reasonably related to this contract, and
Evans shall submit invoices for such expenses, supported by adequate records
and statements for an amount not to exceed $5,000 for the term of this contract.
5.
This contract may be terminated by either party in the event of breach of
its terms by the City or by Evans, following thirty (30) days written notice of such
termination. In such event, all products prepared by Evans hereunder shall
become the property of the City, and Evans shall be reimbursed for expenses of
authorized travel, meals and lodging incurred up to the effective date of the
termination, after which time all payment obligation of City under this contract
shall end.
6.
Evans shall furnish the City periodic reports on his work at such time as
the City may request. All of the reports, information and data prepared or
assembled for 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.
7.
Evans shall inform the City of any other municipalities he represents and
note any other clients that might represent a potential conflict of interest. If the
City, at its sole discretion, believes that a conflict exists, such conflict shall be
discussed by Evans and the City and resolved to the satisfaction of the City.
8.
Should any action, whether real or asserted, at law or in equity, arise out
of or in connection with this contract, venue for said action shall lie in Tarrant
County, Texas.
WITNESS our hands this E1� day of L�-.j , 2004
ATTEST: CITY OF FORT WORTH
Cct�- City ecretary Cit Ma ger
Contract Authorization
. I } - 3-UU
Date
AP ROVED AS TO FORM AND LEGALITY: CON4 U AN
City Attorney r es Evans
Date: 3 " �7r' Date:
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A
EXHIBIT "A"
Scope of Services
1. Evans will provide advice and counsel regarding those state
agencies and commissions which interface with the City and will promote
working relationships and goodwill between the City and key staff and board
members of those state agencies and commissions, when requested by the City.
2. Evans will generally cooperate with City Manager to promote the
passage of proposed legislative initiatives included in the City Council adopted
legislative agenda/packet, in cooperation with City representatives. Evans will
assist, when requested, in acquiring sponsors for bills in the packet.
3. Evans will inform the City (generally by contacting City Manager) of
any legislative initiatives felt to be possibly detrimental to the interests of-the City,
as he becomes aware of any such initiative.
4. Evans will promote working relationships and goodwill between the
City and members of the Legislature, the Executive Branch, and the staffs
thereof, with particular emphasis on House and Senate leadership, key
committee chairs and members, the Tarrant County delegation and members of
agencies, commissions and boards.
5. Evans will assist in introducing City Manager to members of the
Legislature and staff members, in particular the leadership and members of the
Tarrant County delegation and members of agencies, commissions and boards.
6. Evans will provide advice and counsel to City Manager regarding
legislative strategy and provide such background information as proponents,
opponents, attitude of key legislators, and positions of related entities.
7. When requested by City Manager, Evans will, communicate with
written memorandum or telephonically, summarize contacts made with
legislators and key staff on behalf of the City. As the need arises, he will discuss
with City Manager coverage of key committee hearings/meetings, and Evans will
attend hearings/meetings as necessary and possible.
Cay 3M"NIA N
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: Thursday, March 11, 2004
LOG NAME: 02EVANS REFERENCE NO.: C-19995
SUBJECT:
Personal Services Contract with Charles W. Evans for Consultation and Representation on State
Issues
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a seven-month contract agreement with Charles W. Evans for
personal services involving consultation with the City of Fort Worth, and representation of the City before
the state legislature, state agencies, and the Office of the Governor; and
2. Approve a term for the recommended contract from March 1, 2004, to September 30, 2004, with a
one-year option to renew at the same terms and conditions.
DISCUSSION:
The City of Fort Worth retains outside legislative consulting services in order to maintain resident expertise
regarding the City's relationship with the State Legislature. The role of an outside consultant is to assist the
City in promoting and protecting its legislative interests in Austin, Texas. The current contract expires on
February 28, 2004.
Charles Evans, a former member of the Texas Legislature, has proven extremely effective in assisting the
City in accomplishing its state legislative initiatives, as well as assisting with the interim activities of the
Legislature when that body is not in session.
The seven-month extension is an attempt to better align the terms and expiration of future contracts with the
timing of the state's legislative sessions. It is suggested that both parties would be well advised to enter
into a yearly contract that initiates in the Fall, versus the current contract conditions which initiate and expire
during the middle of the legislative session.
The contract requires Mr. Evans to provide advice and counsel regarding state agencies and commissions,
and assist in promoting passage of legislative initiatives for the City during legislative sessions. The terms
in the contract call for the City to compensate Mr. Evans at a rate of $7,500 per month during the months
that the Texas Legislature is in session, and $6,500 in all other months.
The City, under the contract terms, does not reimburse Mr. Evans for expenses other than those incurred
by him when he is requested to travel to Fort Worth by either the City Council or staff. The reimbursable
expenses shall not exceed $5,000 for the seven-month contract term. The details of the agreement
between the City and Mr. Evans, including the scope of services, are reflected in the attached proposed
contract.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
Lo2name: 02EVANS Pate I of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0905500 $51,500.00
Submitted for City Manager's Office_bJoe Paniagua (6191)
Originating Department Head: Brandon Aghamalian (6168)
Additional information Contact: Alida Fitzgerald (7504)
Logname: 02EVANS Pape 2 of 2