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HomeMy WebLinkAboutContract 29774 CITY SECRETARY 17 CONTRACT NO. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTIES OF TARRANT, § DENTON AND WISE § CONTRACT FOR PROFESSIONAL CONSULTING SERVICES This contract is entered into by the City of Fort Worth,Texas,a municipal corporation situated in Tarrant, Denton and Wise Counties,Texas, hereinafter called"City," and The Eppstein Group (TEG), hereinafter called "Consultant," both parties acting herein by and through their duly authorized representatives: 1. Scope of Services. In accordance with the highest professional standards, Consultant agrees to assist City with the development of communication materials for the North Fort Worth Economic Development Initiative. Consultant will review all relevant information and research regarding said initiative and will endeavor to assist City in packaging information from research into a clear and concise communication message. 2. Compensation. The amount to be paid to Consultant for all services performed hereunder shall be Fifteen Thousand and No/100 Dollars($15,000),hereinafter"Consultant's Fee." The Consultant's Fee shall include all expenses incurred by Consultant in the accomplishment of all items listed above under Section One,Scope of Services. It is understood that this Contract contemplates the provision of full and complete consulting services for this project, including any and all necessary changes or contingencies to complete the work as outlined above ii-i Section One,Scope of Services, for the fee described in this section. Any service deemed necessary by the Consulta t, .� t d �� .s ahhE services outlined in Section One, Scope of Services, must be justified to and expressly authorized b y City PRIOR to implementation of that service. 3. Data. The City shall own any and all data compiled, analyses performed and reports drafted by the Consultant in his or her fulfillmentof the terms of this Contract for Professional Consulting Services. 4. Term. The term of this Contract shall commence upon date of full execution by the City and Consultant, and shall terminate upon completion, unless tenninated earlier as provided herein. 5. Termination. a. City may terminate this Contract at any time for any cause by notice in writing to Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all services and work and the placing of all orders or the entering into of contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract, and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City tenninates this Contract under this Section 5.a., the City shall pay Contractor for services actually perfonned. b. In the event no funds or insufficient funds are appropriated and budgeted by the City in any fiscal period for any payments due hereunder, the City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received, without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which fiends shall have been appropriated and budgeted. City has informed Consultant that, concurrent with approval of this Contract. City will appropriate and budget 100 percent of the funds specified in this Contract,so that all funds will be appropriated and budgeted prior to the commencement date of this Contract. C. Upon termination of this Contract for any reason,Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Contract. 6. Indemnification. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONSULTANT SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROMANY LOSS, DAMAGE, LIABILITY OR EXPENSE FOR DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY PERSON,INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF CONSULTANT OR SUBCONTRACTORS, WHICH MAYARISE OUT OF ANY NEGLIGENT ACT, ERROR OR OMISSION IN THE PERFORMANCE OF CONSULTANT'S PROFESSIONAL SERVICES. TO THE EXTENTPERMITTEDBYAPPLICABLELAW, CONSUL TANTSII LL DEFEND, AT ITS OWN EXPENSE,ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY,ITS OFFICERS,AGENTSAND EMPLOYEES,ORANYOF THEM,RESULTING FROM SUCH NEGLIGENT ACT, ERROR OR OMISSION; AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM, OR ANY OF THEM, IN CONNECTION THEREWITH RESULTING FROM SUCH NEGLIGENT ACT, ERROR OR OMISSION. 7. Independent Contractor. Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder and all persons performing same,and shall be solely responsible for the acts and omissionsof its officers,agents,employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Consultant, its officers,agents,employees and subcontractors;and the doctrine of respondeat superior shall have no application as between the City and the Consultant. 8. Disclosure of Conflicts. ,_�__ Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Contract. 9. Choice of Law; Venue. This Contract shall be construed in accordance with laws of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Contract; venue for said action shall be in Tarrant County, Texas. 10. Compliance with Law. Contractor, its officers, agents, employees, contractors and subcontractors, shall abide by and comply with all laws, federal, state and local, including the Charter and all ordinances, rules and regulations of the City. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor, its officers, agents, employees, contractors or subcontractors, then Contractor shall immediately desist from and correct such violation. 11. Notices. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: City: The Eppstein Group: City of Fort Worth Chris Gavras Bridgette Garrett Partner Budget Administrator 4055 International Plaza, Suite 520 1000 Throckmorton Fort Worth, Texas 76109 Fort Worth, Texas 76102 EXECUTED on this, the 1 day of April, 2004. ATTEST: CITY OF FORT WORTH . m)IX P a,BY: �zxs ity eecretary Charles R. Boswell Assistant City Manager APPROVED AS TO FORM AND LEGALITY: a11O M.F_C'AJe--�AJ�� - Contract Authorization Date Assistant City Attorney The Epp in (* p (TEG) I 1 BY: CAris Gavras Partner