CM-05-05-091Request for City Council/City Manager Action
In I
City Council 0 City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Finance
Contact Person: Noelle Jones/Cheryl Delaney
Project
Manager/Resource: Cheryl Delaney
Project Coordinator:
Assigned Attorney:
For Administration Use ONLY
Tag # 4 OS ()S.Cq 1
Documents
Received: S^ 1ci.P5
Return to:
Return date:
CC: Lynn Olsen
Project Name:
Contractor/Vendor: United Way
Funding Source: 5265-100-19000
Council or Amount: $26,000.00
City Manager
Agenda Date: 5/20/2005 (moved from council agenda to City Mgr)
Blue Sheet Wording
Consider a resolution authorizing the Mayor to execute a Agreement for consulting services with the with United Way of Greater Williamson County for assistance in determining and
addressing the health and welfare needs of the citizens of Round Rock.
Finance Information
Is Funding Required?
LJ
Purchasing/Service Agreemen-
to 1
greemen
Finance Approval
Finance
Finance
EJPurchasing
0 Budget
to'1
Yes
No
Initial Construction Contrac
Construction Contract Amendmen #
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreemen
Supplemental Professional Svcs. Agr #
Purchase Order
Item(s) to be purchased
Amount
Other (Please clearly identify action on lines below
n/a L. Olsen
E. wilson
N/A HB
Cheryl Delaney
Date
Date
Date
Date
5/11/2005
5/10/2005
5/12/2005
5/10/2005
For Submission to City Manager Only
Project Mgr. Signature:
Dept. Director Signature.
City Attorney Signature*:
City Manager Signature:
afflMNIMIFr
i�
—14
Leg tbroval is required for all items requesting City Manager's approval
Date:
Date:
Date:
Date:
Updated 3-9-05
BLUE SHEET FORMAT
DATE: May 15, 2005
SUBJECT: City Manager Approval May 20, 2005
ITEM:
Consider a resolution authorizing the City Manager to execute an agreement
for consulting services with the with United Way of Greater Williamson
County for assistance in determining and addressing the health and welfare
needs of the citizens of Round Rock.
Department: Finance
Staff Person: Cindy Demers, Director of Finance
Justification: The assistance of the United Way enables the City to better
identify social service funding needs within the community. The United Way
collects social service requests and provides recommendations regarding
how City funds should be allocated. The United Way also monitors the
performance of the agencies throughout the year. Performance measures for
each agency have been established, they work with the agencies to ensure
these measures are achieved.
Funding:
Cost: $26,000
Source of funds:
General Fund
Background Information: Each year the City of Round Rock works in
conjunction with the United Way of Greater
Williamson County to identify the social service
needs within the community.
Blue Sheet Format
Updated 01,20/04
CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES
WITH THE UNITED WAY OF GREATER WILLIAMSON COUNTY
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made by and
between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are
located at 221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred to as the
"City"), and the United Way of Greater Williamson County whose offices are located at 101 E. Old
Settlers Blvd., Suite 160, Round Rock, Texas 78664 (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, the City has determined that there is a need to provide for the health and welfare
of the City's citizens who are eligible for social services, and
WHEREAS, the City has also determined that addressing these needs is a legitimate public
purpose under the Constitution and laws of the state of Texas, and
WHEREAS, the City desires to contract for Consultant's assistance in identifying the greatest
health and welfare needs and in developing procedures for determining how the City can best address
these needs by contracting with various existing social service, charitable, and non-profit agencies
which provide for such needs, and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH that for and in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, it is mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on October 1, 2004, and shall remain in full force and effect unless
and until it expires by operation of the term indicated herein, or is terminated or extended as provided
herein.
The term of this Agreement shall be for twelve months, and shall expire on September 30, 2005.
1.02 PAYMENT
In consideration for the services to be performed by Consultant, City agrees to pay
Consultant a not -to -exceed total sum of Twenty -Six Thousand Dollars and No/100 ($26,000.00).
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1.03 TERMS OF PAYMENT
To receive payment, Consultant shall prepare and submit a series of invoices and reports of
completion of significant process milestone in the amount of $6,500.00, the first payment being due
December 31, 2004 and the others payable on March 31, 2005, June 30, 2005 and September 30,
2005.
1.04 OBJECTIVES AND SCOPE OF WORK
Consultant agrees to provide the following services:
1. To assist the City in identifying the health and welfare needs of the City's citizens and
developing procedures for determining funding priorities;
2. To assist in identifying the social agencies whose purpose is to address these needs;
3. To assist in the development of general criteria to be met by social agencies requesting
funds to address these needs;
4. To assist in the development of an appropriate application form to be used by social
agencies requesting funds to address these needs;
5. To assist in the distribution of application forms to those agencies requesting forms;
6. To recruit and train community volunteers to review applications submitted by social
agencies and make recommendations to the United Way and City representative team;
7. To oversee the United Way volunteer and City representative team's development of
funding recommendations for Council consideration;
8. To develop performance outcome data criteria, in consultation with the City; and
9. To collect, monitor and report performance outcome data from social agencies.
a. Provide quarterly listing of agencies who have reported performance
measurements.
b. Provide a comprehensive end of year report including:
i. Short synopsis of each agency funded by City.
ii. Performance measurement status and results.
iii. Date of on-site visit.
iv. Comments during on-site visit.
v. Discussion regarding complements or concerns regarding funded
agencies. Provide short synopsis as to how you felt the organization is
currently operating.
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c. Provide reports/presentations for council as requested by City staff.
1.05 LIMITATION TO SCOPE OF WORK
Consultant and City agree that the scope of Consultant's work is limited to those items listed in
paragraph 1.04. Notwithstanding anything in this Agreement to the contrary, Consultant and City
further agree that City retains full and absolute discretion and authority for all funding decisions, and
all such decisions will be based solely on criteria accepted by City which may be influenced by, but
shall not be dependent on, Consultant's work.
1.06 NON -APPROPRIATION
This Agreement is a commitment of City's current revenues only. It is understood and agreed that
City shall have the right to terminate this Agreement at the end of any City fiscal year if the
governing body of City does not appropriate funds sufficient to purchase the services as determined
by City's budget for the fiscal year in question. City may effect such termination by giving Consultant
a written notice of termination at the end of its then current fiscal year.
1.07 TERMINATION
City may terminate or suspend performance of this Agreement for City's convenience upon written
notice to Consultant. Consultant shall terminate or suspend performance of the Services on a schedule
acceptable to City. If termination or suspension is for City's convenience, City shall pay Consultant
for all uncontested services performed to date of notice of termination.
This Agreement may be terminated by either City or Consultant upon written notice in the event of
substantial failure by the other party to perform in accordance with the terms of this Agreement. The
non-performing party shall have fifteen (15) calendar days from the date of the termination notice to
cure or to submit a plan for cure acceptable to the other party. The non -defaulting party shall be
entitled to receive just and equitable compensation for all services completed and all legal fees
incurred by this action.
1.08 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, not the City's employee. Consultant's employees or
subcontractors are not the City's employees. This Agreement does not create a partnership
relationship. Neither party has authority to enter into contracts as agent for the other party. Consultant
and City agree to the following rights consistent with an independent contractor relationship:
1. Consultant has the right to perform services for others during the term of this
Agreement.
2. Consultant has the sole right to control and direct the means, manner and method by
which services required by this Agreement will be performed.
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3. Consultant has the right to hire assistants as subcontractors, or to use employees to
provide the services required by this Agreement.
4. Consultant or Consultant's employees or subcontractors shall perform the services
required by this Agreement. City shall not hire, supervise, or pay any assistants to
help Consultant.
5. Neither Consultant nor Consultant's employees or subcontractors shall receive any
training from City in the skills necessary to perform the services required by this
Agreement.
6. City shall not require Consultant or Consultant's employees or subcontractors
to devote full time to performing the services required by this Agreement.
7. Neither Consultant nor Consultant's employees or subcontractors are eligible to
participate in any employee pension, health, vacation pay, sick pay, or other fringe
benefit plan of City.
1.09 WARRANTIES
Consultant warrants that all services performed under this Agreement shall be performed consistent
with generally prevailing professional or industry standards. City must report any deficiencies in
Consultant's services to Consultant in writing within 120 days of performance to receive warranty
remedies. City's exclusive remedy for breach of the above warranty shall be the re -performance of
Consultant's services or as otherwise provided for herein.
1.10 INDEMNIFICATION
Consultant agrees to hold harmless, defend, and indemnify City for and from all losses, damages, and
claims arising as a result of actions by Consultant and its agents and subcontractors during its
performance pursuant to this Agreement. Except to the extent that Consultant is obligated to
indemnify City, City shall indemnify Consultant against any third party claim or liability not arising
from negligent or wrongful performance by Consultant.
1.11 ASSIGNMENT AND DELEGATION
No party may assign any rights or delegate any duties under this Agreement without the other parties'
prior written approval.
1.12 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while
performing services under this Agreement. City will not do the following:
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1. Withhold FICA from Consultant's payments or make FICA payments on Consultant's
behalf;
2. Make state and/or federal unemployment compensation contributions on Consultant's
behalf; or
3. Withhold state or federal income tax from Consultant's payments.
1.13 NOTICES
All notices and other communications in connection with this Agreement shall be in writing and shall
be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement.
2. Three (3) days after being deposited in the United States mail, with postage prepaid to
the recipient's address as stated in this Agreement.
Notice to Consultant:
United Way of Greater Williamson County
ATTN: Debbie Hoffman, Executive Director
101 E. Old Settlers Blvd., Suite 160
Round Rock, Texas 78664
Notice to City:
City of Round Rock
ATTN: James R. Nuse, City Manager
221 E. Main Street
Round Rock, Texas 78664
With Copy to:
Stephan L. Sheets
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, Texas 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
1.14 APPLICABLE LAW
The laws of the State of Texas shall govern this Agreement. Venue shall lie in Williamson County,
Texas.
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1.15 EXCLUSIVE AGREEMENT
This is the entire Agreement between Consultant and City.
1.16 DISPUTE RESOLUTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the
help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Consultant
shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and
fees, other than attorney fees, associated with the mediation shall be shared equally by the parties.
City and Consultant hereby expressly agree that no claims or disputes between the parties arising out
of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding,
including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)
or any applicable state arbitration statute.
1.17 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of
any event rendering any portion of provision of this Agreement void shall in no way affect the
validity of enforceability of any other portion or provision of this Agreement. Any void provision
shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed
and enforced as if this Agreement did not contain the particular portion of provision held to be void.
The parties further agree to amend this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The provisions of this
Article shall not prevent this entire Agreement from being void should a provision which is of the
essence of this Agreement be determined void.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement on the dates indicated.
CITY OF ROUND ROCK, TEXAS
ATTEST: j� Q
By:� ' �f UI La(C�'ULJ/L R /hi."J
J R. Nuse, P.E, City Manager Christine Martinez, City Secretary 9
Date Signed: 6- -° 3 --61S
igned: .i; -- n�
UNITED WAY OF GREATER WILLIAMSON COUNTY
By: Zreni>
7 cam.
Debbie Hoffman, Executive Director
Date Signed: S- /E. - O5
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