Loading...
HomeMy WebLinkAboutC2014-091 - 4/29/2014 - Approved CONTRACT Consulting Services Service Agreement No. S A 1 4_n6 5 THIS Consultant Services CONTRACT (this "Agreement") is entered into by and between Tim Richardson (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee, effective for all purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide Consulting services to assist with organizing and fmalizing the City's approach to developing a priority project list for possible Deepwater Horizon restoration funding in accordance with its proposal dated February 6, 2014 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be well qualified to perform proposed services and Contractor is categorized as a sole owner to provide the required services; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform Consulting services to assist with organizing and fmalzing the City's approach to developing a priority project list for possible Deepwater Horizon restoration funding in accordance with its proposal dated February 6, 2014, for a total not-to-exceed price of$80,050. 2. Term. This Agreement commences on the date signed by the last signatory hereto and continues for twelve months thereafter. The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager or designee. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Environmental Program Specialist. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 2014-091 4/29/14 M2014-054 Tim Richardson INDEXED 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Environmental Program Specialist will be given at least thirty (30) days notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City is subject to appropriations and budget approval providing for covering such contract item as expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or the Contractor's proposal waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Environmental Program Specialist. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in accordance with this agreement. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy. 15. Violence Policy.The Contractor must adopt a Violence in the Workplace and related hiring policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail; postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Sharon B. Lewis, Environmental Program Specialist P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax No.: (361) 826-4066 e-mail: sharonl @cctexas.com IF TO CONTRACTOR: Consultant Tim Richardson Contact Tim Richardson Address: 6707 Old Stage Road City, State, Rockville, MD 20852 Phone No.: 301-770-6496 E-Mail : tirs @rcn.com 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION A. CONSULTANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS,AGENTS, SUCCESSORS,AND ASSIGNS, FROM ANY AND ALL LIABLITY, LOSSES, CLAIMS, DEMANDS, SUITS, COST, EXPENSES AND DAMAGES, INCLUDING THE COST OF DEFENSE, INVESTIGATION AND REASONABLE ATTORNEY'S FEES, OF WHATEVER NATURE AND DESCRIPTION, ARISING FROM OR IN CONNECTION WITH CONSULTANT'S NEGLIGENCE OR WILLFUL, MISCONDUCT, OR A THIRD-PARTY CLAIM ARISING OUT OF CONSULTANT'S PERFORMANCE UNDER THIS AGREEMENT. B. CONSULTANT SHALL INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY PROCEEDINGS OR CLAIMS ASSERTED AGAINST THE CITY RESULTING FROM MATERIALS SOLELY FURNISHED BY CONSULTANT INVOLING COPYRIGHT MISAPPROPRIATION OF IDEAS OR RIGHTS AND LITERARY PIRACY OR PLAGIARISM, EXCEPTING CLAIMS ARISING FROM MATERIALS OR INFORMATION FURNISHED BY THE CITY OR FROM MATTERS WITH RESPECT TO WHICH CONSULTANT HAS ADVISED THE CITY, IN WRITING, OF THE LEGAL RISK INVOLVED AND THE CITY, BY THEIR SPECIFIC WRITTEN APPROVAL, HAVE ASSUMED THE RISKS THEREOF, IN WHICH CASES THE CITY SHALL SO INDEMNIFY CONSULTANT. SIGNED this 28th day of February, 2014. Contractor Tim Richardson 4,.N4., 1 Tim Richardson Title: Consultant CITY OF CORPUS CHRISTI ("CITY") Constance Sanchez ATTEST:` va-Ai21"-h- Director of Financial Services CITY SEC ETARY CITY SECRETARY Exhibit A: Consultant's proposal dated February 6, 2014. ...6-44K 64' sT CcUNCIL Z sicar.4,41 UY Cie EXHIBIT "A" February 6, 2014 Ms. Sharon Baily Lewis Environmental Services Department City of Corpus Christi 1201 Leopard Street Corpus Christi,Texas 78401 RE: Proposed Continuation of Contractual Consulting Assistance with Environmental Services for Deepwater Horizon Restoration Funding Dear Sharon, 1.0 Introduction Thank you very much for the opportunity to submit this proposal to continue providing Deepwater Horizon (DWH) restoration contract consulting to the City's Environmental Services Department in collaboration with the City's Intergovernmental Relations Department and your federal affairs representative in Washington, DC. Given our accomplishments during the past year in positioning Corpus Christi as a leading destination for DWH restoration investments,the stage is set for the 2014 funding decisions this October, and in subsequent annual funding rounds. Below is a restatement of last year's Scope of Work in Section 2.0. 2.0 Proposed Scope of Work A. Consultant shall: * Assist Public Works, Planning, Engineering, Environmental,Water,Wastewater, or other City Departments per the direction of Environmental Services Department with organizing and finalizing the City's approach to developing a priority project list for possible DWH restoration funding. * Identify key federal and state DWH restoration officials, non-profit, corporate, stakeholder, and other audiences, including specific people/contacts at each,that need to be informed about the City's restoration goals and priorities, and communicate with them on an ongoing basis, including making introductions for the City officials so that they can establish relationships with these entities; 41•10 `4111) * Provide written monthly updates regarding achievement of project action steps reflected on the project timeline and any other material issues. * Any other additional duties or activities necessary to assure the project's success. * Draft a strategy and timeline for communicating with these groups for the City's review to ensure that the City's efforts are comprehensive and coordinated. * Identify key people at BP who need to be educated about the restoration benefits available to "Restore the Gulf" by working with the City and communicate with them; make introductions for City officials and participate in meetings with these contacts. * Draft a strategy in consultation with Meyers&Associates for Congressional outreach, including specific Representatives and staff that need to be briefed. * Take the lead with preparation and submittal or materials, including project proposals and related budgetary needs to the appropriate decision-making entity. * Assist in drafting a strategy for the City to become recognized for environmental restoration stewardship nationally and among Gulf of Mexico states, counties and cities. * Help serve as the "eyes and ears" of the City in Washington, DC along with Meyers& Associates,with regard to updates on progress on the BP settlement,and development and implementation of DWH restoration, alerting the City to any specific actions that need to be taken to ensure that its interests are represented. * Develop with input from the City, a project action step timeline and update the timeline as necessary. * Assist the City with planning, scheduling and holding one or more local "town hall" meetings to obtain community input * Consultant must comply with all applicable federal,State, and local government laws, rules, regulations,and ordinances, which may be applicable to Consultant's performance under this agreement. 3.0 Budget Payment for these consulting services will be made upon a time and materials basis and under the direction and supervision of the Environmental Services Department. The hourly rate will be$100 per hour and is estimated that the work will require 40 hours per month for the life of the contracting to support the scope of work defined in Section 2.0. A travel budget not to exceed $5,000 annually is anticipated and it requires the consent of the Environmental Services Department. 4.0 Next Steps Thank you again for this opportunity to continue working together on DWH restoration. Please let me know if there is any additional information that you need or if you have an additional questions. Sincerely, Tim Richardson 6707 Old Stage Road Rockville, MD 20852