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HomeMy WebLinkAboutResolution - 1631 - Contract - David M Griffith - Fee & Chages Study - 03/22/1984RESOLUTION 1631 - 3/22/84 LJM:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and David M. Griffith and Associates, Ltd., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of March 91984. -ALAW E RY, MAY OR ATTEST: elyn G fga, City S tary APPROVED AS TO CONTENT: Robert Massengale, Assistant City Manager APPROVED AS TO FORM: �r jz-f'as-�- — aura J. Monr�Assistant City Attorney RESOLUTION 1631 - 3/22/84 LJM:c1 AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This is an AGREEMENT by and between the CITY OF LUBBOCK, a municipal corporation, hereinafter called "CITY", and DAVID M. GRIFFITH and ASSOCIATES, LTD., hereinafter called "CONSULTANT", for the provision of consulting services to the CITY. WHEREAS, the CITY has a need to review and establish the current cost of fees and charges made by various departments throughout the City, and WHEREAS, the CITY desires to engage the CONSULTANT to assist in developing a study to accomplish the above objective, WHEREAS, the CONSULTANT is staffed with personnel knowledge- able and experienced in the requirements of developing such a revenue producing study for the CITY; NOW THEREFORE, CITY and CONSULTANT do hereby agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT CONSULTANT shall do, perform, and carry out in a good and professional manner a "Comparison of Cost to Revenue." The total cost of providing service will be determined for the different fees and user charges throughout the City, excluding fees at the Lubbock International Airport and Lubbock, Power, Light and Water. This costing formula will include City-wide, as well as, departmental expenses costed down to the specific units of measure. CITY shall employ CONSULTANT to render such services and in consideration thereof shall pay CONSULTANT the compen- sation for such services as stated in Article IV of this Agree - meet. ARTICLE II SCOPE OF WORK CONSULTANT shall exert its best professional efforts to perform in a manner satisfactory to CITY the services set forth above. Such work shall be performed in accordance with the terms of this contract and for the consideration stated. CONSULTANT covenants and agrees to perform its duties and work hereunder with diligence and in accord with the highest professional standards,. using a high degree of care to ensure the accuracy and timeliness thereof. CITY shall furnish the CONSULTANT -with all available necessary information, data, and materials pertinent to the execution of this agreement. The CITY shall cooperate with the CONSULTANT in carrying out the work herein, and shall provide adequate staff for liaison with the CONSULTANT and other agencies of City government. The CONSULTANT shall, at such time and in such form as the CITY may require, furnish such periodic reports concerning the status of the project, such statements, certifi- cates, approvals, and the copies of proposed and executed plans and claims and other information relative to the project as may be requested by the CITY. The CONSULTANT shall furnish the CITY, upon request, with copies of all documents and other materials prepared or developed in relation with, or as a part of, the project.- The CONSULTANT represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder will be performed by the CONSULTANT or under his supervision, and all personnel engaged in the work shall be fully qualified to perform such services. The CONSULTANT shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and effi- cient manner, in accordance with the provisions thereof and applicable laws. In accomplishing the project, the CONSULTANT -2- shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the CITY. ARTICLE III TIME OF PERFORMANCE CONSULTANT agrees to commence work at the time of execution of this agreement. The term of the contract shall end upon completion of CONSULTANT'S services, presentation of its final report by CONSULTANT to the Assistant City Manager for Financial Services or his appointee, and acceptance of such report. The services to be performed by the CONSULTANT shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purposes of the agreement. A preliminary report to the CITY will be delivered within ninety days, outlining the actual cost of fees and charges throughout the CITY. All services required hereunder shall be completed and a final report shall be submitted to the CITY within six months of the contract date. ARTICLE IV COMPENSATION OF CONSULTANT A. The total cost to CITY for performance of services pursuant to this contract shall not exceed THIRTY FIVE THOUSAND DOLLARS ($35,000.00), including all professional fees, direct and indirect costs, expenses of travel, subsistence, lodging, printing, reproduction, communication, secretarial services and all other out-of-pocket expenses, and CONSULTANT agrees to perform the services as specified above, and all obligations under this contract for an amount not to exceed such THIRTY FIVE THOUSAND DOLLARS ($359000.00). B. CONSULTANT shall submit to the CITY, at the address hereinafter designated, "progress billings" of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) per week every two weeks for twelve weeks. -3- C. Payments to CONSULTANT shall be made within two weeks after receipt by the CITY of each billing from CONSULTANT. Notwithstanding anything to the contrary in this Agreement or in any Exhibit or Proposal, no interest shall accrue on such payments as a consequence of such payments not being made within a specified period of time. D. The final FIVE THOUSAND DOLLARS ($5,000.00) will not be paid until the final report is presented to the CITY and upon compliance by CONSULTANT with all provisions of this contract. At that time CITY shall pay to CONSULTANT any unpaid balance of the agreed THIRTY FIVE THOUSAND DOLLARS ($35,000.00) fee which remains unbilled ARTICLE V CHANGES TO THE AGREEMENT The CITY may, from time to time, require changes in the scope of the services of the CONSULTANT to be performed here- under. Such changes, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendment to this agreement. ARTICLE VI RECORDS AND AUDITS CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this contract. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of the City of Lubbock or its appointees at all proper times to such books and records,,.and the right to examine the audit the same, and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. ARTICLE VII GENERAL CONDITIONS CONSULTANT agrees to perform its obligations hereunder subject to the following conditions: -4- A. Ownership of documents, etc. At the option of CITY, all documents, data, reports, studies and graphics prepared by CONSULTANT as part of its work under this contract shall become the property of CITY upon completion of the work to be performed by CONSULTANT pursuant to the terms of this contract or upon termination of this contract prior to the completion of such work as herein provided. B. Termination. CITY may cancel or terminate this contract at any time by written notice to CONSULTANT, and immediately upon receipt of such notice, all work hereunder of CONSULTANT, its employees and subcontractors shall cease and CONSULTANT shall be entitled to receive just compensation for any satisfactory work completed on such documents, data, reports, studies, or graphics that become the property of CITY as provided in Paragraph A above. C. Independent Contractor. It is expressly understood and agreed that CONSULTANT shall operate hereunder as an independent contractor and not as an agent, representative or employee of CITY; that CONSULTANT shall control the details of its work to be performed hereunder and shall be solely responsible for the acts or omissions of its officers, agents and employees; and that nothing herein shall be construed as creating a partnership or joint enterprise between CITY, and the CONSULTANT. D. Indemnification. Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend CITY, its officers, agents, servants and employees, from and against any and all obligations or liabilities of any kind, and any and all claims or suits, whether real or asserted, arising out of or in connections with the activities of CONSULTANT, its agents, servants or employees and due to the negligent acts or omissions, breaches of contract or other defalcation of CONSULTANT, its employees, officers, agents, or appointees. The CONSULTANT,shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the -5- contract or the work, and shall indemnify and save harmless the CITY against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the CONSULTANT or his employees. E. No assignment. Except as provided for herein, CON- SULTANT shall not assign any interest of this contract nor delegate the performance of any of its duties hereunder without the prior written consent of CITY, and any attempted assignment or delegation without prior written consent shall be void. Any assignee or delegate of CONSULTANT to whom such assignment or delegation is made with the consent of CITY shall be bound by all of the terms and conditions of this contract. F. Certificate of Consultant. CONSULTANT acknowledges that it is informed that Texas law prohibits contracts between the CITY and its officers and employees, and that the prohibition extends to officers and employees of City agencies such as City -owned utilities and certain City boards and commissions, and to contracts with any partnership, corporation or other organiza- tion in which the officer or employee has an interest. CON- SULTANT certifies (and this contract is made in reliance thereon) that neither it nor any person having an interest in this contract is an officer or employee of CITY or of any of its agencies. G. Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. H. City Not Obligated to Third Parties. The CITY shall not be obligated or liable hereunder to any party other than the CONSULTANT. I. When Rights and Remedies Not Waived. In no event shall the making by the CITY of any payment to the CONSULTANT consti- tute or be construed as a waiver by the CITY of any breach of -6- covenant, or any default which may then exist, on the part of the CONSULTANT, and the making of any such payment by the CITY while any such breach or default exists shall in no wise impair or prejudice any right or remedy available to the CITY in respect to such breach or default. J. Law Governing Agreement and Venue. Venue and juris- diction of any suit, right, or cause of action arising under or in connection with this contract shall lie exclusively in Lubbock County, Texas, and any dispute arising hereunder shall be governed by the laws of the State of Texas. K. Address for Notice. All notices to CONSULTANT made pursuant to this contract shall be sufficient when mailed, certified mail, with return receipt requested and so returned, to CONSULTANT at 3501 MacArthur Blvd., Suite 40OB9 Irving, Texas 75062. All notices made to the City of Lubbock pursuant to this contract shall be sufficient when mailed, certified mail, return receipt requested and so returned to Robert Massengale, Assistant City Manager for Financial Services, P.O. Box 2000, Lubbock, Texas 79457. L. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. IN WITNESS WHEREOF, this contract is executed this aa�x.dL- day of . , 1984 in two counterparts, each of which is an original, on behalf of CONSULTANT by its Vice- -7- President and on behalf of CITY by the Mayor of the City of Lubbock, both of whom are thereunto duly authorized. ATTEST: tL - so -it-, velyn aff a, C t cretary APPROVED AS TO CONTENT: Robert Massengale Asst7. City Manager APPROVED AS TO FORM: (J al fga 49-x. aura MonroAsst. City Attorney ATTEST: Secretary IM CITY OF LUBBOCK, TEXAS AL HENR , M R DAVID M. GRIFFITH and ASSOCIATES, LTD. DONALD E. BREWER, VICE PRESIDENT v .. CDAVID M. GRIFFITH AND ASSOCIATES, LTD. Accounting Specialists to Government 3501 MacARTHUR BLVD. SUITE 400 B I RVI NG, TEXAS 75062 / (214) 659-1385 April 11, 1984 Mr. Robert Massengale d 9 Asst. City Manager for Financial Services City of Lubbock P. O. Box 2000 916 Texas Avenue Lubbock, Texas 79457 Dear Mr. Massengale: Enclosed please find a copy of the contract which I have signed to perform a Fee Study for the city. We are very pleased that this engagement is ready too ommence. We will be contacting you within two weeks to set a start date. Robert, I hope to see you at the MFOA in San Antonio. Sincerely, Donald E. Brewer Vice -President DEB/pn