HomeMy WebLinkAboutContract 25755 ` Y
CITY SECRETARY
CONTRACT No. :,45 7Z.
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, Bob Terrell, 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, 2000, and terminate February 28, 2001, unless terminated
sooner as provided herein.
3.
Evans agrees to cooperate with the designated representative 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 of 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 $6,500.00 per
month during each month in which the legislature is in session and $5,500.00 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 on the first of each month and shall be automatically issued
by City to Evans on that date. 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.
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.
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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, either telephonically or in written
memorandum, 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.
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 'P' L,day of , 2000.
ATTEST: CITY OF FORT WORTH
City Secreta '` `jl'QG' City Manager
APPROVED AS TO FORM AND LEGALITY:
S
ity Adorney
Date:
Government irs, Ltd
contract Authorization arle vans
_ 06 Attorney At Law
Date
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City of Fort Worth, Texas
"61yor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/8/00 **C-17843 1 13EVANS 1 of 1
SUBJECT PERSONAL SERVICES CONTRACT WITH CHARLES W. EVANS FOR
CONSULTATION AND REPRESENTATION ON STATE ISSUES
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a one-year contract
agreement with Charles W. Evans for personal services involving consultation and representation
related to issues of concern to the City of Fort Worth before the state legislature, the state agencies and
commissions and the Governor. The term of the contract will be from March 1, 2000, to February 28,
2001.
DISCUSSION:
The City of Fort Worth retains outside consultant services based in Austin in order to maintain resident
expertise in state affairs. The role of an outside consultant in state affairs has been to assist the City in
promoting and protecting its legislative interests in Austin.
Charles Evans was retained by the City on March 1, 1992, as the City's consultant in Austin. Mr.
Evans, who is a former member of the Texas Legislature, has proven to be extremely helpful and
effective in assisting with the City's State Legislative Program, as well as assisting in monitoring the
interim activities of the Legislature when that body is not in session. The current contract expires
February 28, 2000.
The one-year contract, which will expire February 28, 2001, requires that Mr. Evans provide advice and
counsel regarding state agencies and commissions as well as provide assistance 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 $6,500 per month during the months that the Texas Legislature is
in session, and $5,500 in all other months. The City, under the contract terms, does not reimburse Mr.
Evans for expenses other than those incurred when he is asked to travel to Fort Worth at the request of
the City Council or staff. 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.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) ■pppOV[D
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
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Joe Paniagua 6168 (from)
GG01 539120 0905500 $71,000.00�7�J.•�-a�
Additional Information Contact: City Secre"d the
City of Fort Words.T==
Joe Paniagua 6168