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HomeMy WebLinkAboutContract 29975 CITY SECRETARY . CONTRACT NO. SERVICE AGREEMENT This Agreement is made between Robert Grieve International, Inc. ("RGI"), a Texas corporation, having offices at 4900 Woodway, Suite 550, Houston, Texas 77056, and The City of Fort Worth ("Client"), a Municipal Government located in the State of Texas. AGREEMENT 1.1 RGI's expertise and skill is its ability to identify areas of overpayments and recoveries available for goods, services and materials and to design systems and procedures to quantify and to enable its clients to recoup such overpayments and recoveries. 1.2 Client engages RGI to identify overpayments and recoveries related to fuel taxes paid by Client and agrees to discuss its method of operation and accounting with RGI. RGI agrees to treat any information provided as confidential and will not divulge any such information to persons not a party to this agreement unless otherwise compelled by a Court of competent jurisdiction. 1.3 RGI believes it can increase Client's fuel tax recoveries. RGI will review Client's current list of vehicles and equipment and Client's current fuel tax recovery claims to identify additional recoveries, and prepare and present detailed recommendations thereon for the consideration of Client. 1.4 Implementation of any recommendations will be at the sole discretion of Client. 1.5 RGI's fees will be based solely on fuel tax recoveries over and above what Client currently has identified. Client agrees to pay RGI fifty percent (50%) of any recovery in excess of those recoveries currently identified by Client, on the claims filed in respect of purchases and usage of diesel and gasoline fuels through December 31, 2003. Recovery is defined as sum received or reduction in amount paid. Any expenses that RGI may expend shall be recovered through RGI's fees paid hereunder. Client shall never have any liability to RGI for any expenses incurredby RG.I. 1.6 Client can terminate this Agreement with thirty days written notice. If Client terminates this Agreement with or without cause, Client agrees not to pursue any recovery program based on areas identified by RGI and/or recommendations provided by RGI, for a period of twelve months from the execution date of this Agreement. Notwithstanding any termination by Client, if Client pursues recoveries based on areas identified by RGI and/or recommendations provided by RGI, Client agrees to pay RGI the fees set forth in section 1.5. 1.7 RGI can terminate this Agreement with or without cause by giving Client thirty days prior written notice. If RGI terminates this agreement after having filed documents with the State of Texas for recovery of fuel taxes, RGI shall be entitled to corripensation for such filings in accord with section 1.5. If Client submits documents to the State of Texas for recovery of fuel taxes beyond that filed by RGI, RGI shall not be entitled to compensation for any such additional recovery. 1.8 RGI's compensation is due and payable five business days after receipt of recovery by Client. 1.9 Client recognizes that RGI's income under this Agreement is derived from the introduction and identification of the availability of recoveries and that Client will receive confidential information of great value to RGI. To the extent permitted by law, Client agrees to keep the terms and provisions of this Agreement confidential, as well as information or trade secrets received from RGI or the methods, techniques and recovery areas used by RGI and not to disclose the terms of same to any third parties. In the event disclosure is sought through process of court, or a state or federal regulatory agency, or pursuant to Chapter 552, Texas Government Code, Client shall notify RGI who may resist, at its sole cost and expense, such disclosure through all reasonable means. Either party shall have the right to make disclosure, if any, to governmental agencies and to its own Service Agreement Page 2 attorneys, auditors, accountants and shareholders as may be reasonably necessary. 1.10 Neither this Agreement nor any right or duty arising under it may be assigned by RGI or Client without the prior written consent of either parry. 1.11 RGI will perform under this Agreement as an independent contractor to the Client and not as an agent or partner. 1.12 Any litigation arising out of or relating to this Agreement or the breach thereof shall be conducted exclusively in Tarrant County, Texas. 1.13 All notices, authorizations and approvals pertaining to this Agreement shall be in writing. Except as otherwise provided below, all notices between the parties shall be sufficient when delivered in person or sent by telex or cable, or by certified or registered mail, to the appropriate address as follows: RGI: CLIENT: ROBERT GRIEVE CITY OF FORT WORTH INTERNATIONAL, INC. 1000 Throckmorton St. 4900 Woodway Drive, Suite 550 Fort Worth, Texas 76102 Houston, Texas 77056 Telephone (817) 392-5105 Telephone (713) 963-9916 Telecopier (817) 392-5119 Telecopier (713) 963-9921 1.14 This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the Agreement between the parties. Service Agreement Page 3 'J 1 1� EXECUTED THIS -L day of , 2004. The parties have executed this Agreement in duplicate, intending each duplicate copy to serve as an original: ROBERT GRIEVE CITY OF FORT WORTH INTERNATIONAL, INC. By: o / By: Rey,-Uktt' Charles Boswell Title: ��� Assistant City Manager Date: Date: ATTEST: A ontract Authorization � Syl is Glover, City Secretary C ) gate Approved as to Form and Legality: CA� Assistant tity Attorney Service Agreement i. 71, Page 4 : :. PROPOSAL TO THE CITY OF FORT WORTH ■ RGI believes that the City of Fort Worth's fuel tax recoveries can be increased. ■ RGI proposes an analysis of the City of Fort Worth's most recent fuel tax 'filing and support and details of its vehicles and equipment and the presentation of detailed recommendations for consideration by the City. ■ Implementation of any recommendation would be at the sole discretion of the City of Fort Worth. ■ Fees would be contingent and would be based upon recoveries over and above those currently identified by the City of Fort Worth. ■ In the event that the recommendations are accepted, RGI will quantify and prepare any claims required to recover the additional refunds.