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Home My WebLink AboutPR 15560: CARL R. GRIFFITH & ASSOCIATES, INC.Memorandum City of Port Arthur, Texas Finance Department To: Steve Fitzgibbons, City Manager From: Rebecca Underhill, Assistant Cit er Date: October 16, 2009 Subject: Proposed Resolution 15560 BACKGROUND Attached is PR 15560 authorizing a Professional Services Agreement with Carl R. Griffith & Associates, Inc. BUDGETARY EFFECT This increase was anticipated in the budget process and adequate funding of $84,000 was provided in account 001-1003-512.59-00, Project M09003 in the fiscal 2009-10 Budget. Z:\Finance\Resolutions\Carl Griffith.docx 4 P. R. NO. 15560 JJA 10/16/09 RESOLUTION NO. A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CARL R. GRIFFITH & ASSOCIATES, INC. WHEREAS, it is deemed in the interests of the citizens to enter into a Professional Services Agreement with Carl R. Griffith & Associates as to provide consulting services, in substantially the same form as attached as Exhibit "A", and WHEREAS, the funds are available in Account No. 001-1003-512-59-00 project M09003. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. The facts and opinions in the preamble are true and correct. Section 2. That the City Manger is herein authorized to enter into a Professional Services Agreement with Carl R. Griffith & Associates, Inc. as to provide consulting services, as delineated in substantially the same form as attached hereto as Exhibit "A". Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this_ day of October, 2009, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES Mayor ATTEST: Terri Hanks, City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager ?~_ ~ _E_~ ~-~ Rebecca Underhill, Assistant City Manager ~~~ Deborah Echols, Finance Director PROFESSIONAL SERVICES AGREEMENT This agreement is made and entered into oll this day of , 2009, by and between the City of Port Arthur, Texas, a political subdivision of the State of Texas herein referred to as`City; and Carl R. Griffith & Associates, Inc., a Texas corporation herein referred to as" Consultant;'in consideration of the following: 1. SERVICES 1.1. Professional Consulting. City hereby engages Consultant to provide consulting services by telephone, electronic means and in person as requested by City. The services Consultant will provide (`Services are as delineated in Exhibit" t~'.'The Consultant shall utilize Carl Griffith as the prime consultant to provide the consulting services. Any change therein will require the approval of the City of Port Arthur. The resume of Carl Griffith and the summary of his accomplishments is attached as Exhibit`B; delineating his experience in providing professional services, as delineated in Exhibit"A'. 1.2. Monthly Services. Consultant shall provide these services for $7,000 per calendar month. 1.3. Performance. Consultant shall take such action as to provide the services as delineated in Exhibit"~-Y'with the expertise as is expected in the industry providing these types of services. Consultant shall report to and be directed by Steve; Fitzgibbons, City Manager. As to any particular project and the time to be expended therein, the Consultant shall abide by the requests of the City Manager as to which project shall have. greater or lesser priority. Consultant shall not represent other clients involving the same project. 1.4. Documentation. Consultant shall document the services provided on behalf of the City. This shall include the documentation reviewed and the persons contacted. A summary thereof will be provided in the invoices. Consultant shall provide these records to the City upon request. l .5. Indemnification. Consultant shall comply with the requirements of all applicable laws, rules and regulations, including Section 305.022 Government Code, and shall exonerate, indemnify, and hold harmless the City and its employees therefrom. 1.6. Insurance: Consultant will maintain insurance coverage as delineated in Exhibit" C'. 1.7. Other contracts. Consultant has the following contracts with the City as delineated below. The services provided in this contract shall be in addition to the services provided in the other contracts. Other contracts: Professional Management Services Contract entered into on the 14th day of February 2008 as it pertains to the extension of water infrastructure to support establishing new liquefied natural gas facilities Consulting Agreement entered into on the 29th day of January 2008 as it pertains to Supplemental Environmental Projects C:~Documents and SettingsUohn JohnsonU~ly Documents~PA~PA Retainer Agreement 2010.doc 2. CONSIDERATION 2.1. Payment for Services. City will pay to Consultant a monthly retainer fee of $7,000, beginning October 1, 2009 for services provided in September and subsequent payments will be made on the 1St of each succeeding month during the term hereof for Consultants services. 2.2. Reimbursable Costs. City shall reimburse Consultant all costs in connection with the services rendered. Reimbursable Costs include, but are not limited to, travel costs, subcontractors that are approved by the City, long distance telephone, copies, delivery and similar costs (without a markup) that are attributable to a project or service (the`lZeimbursable Costs. Travel costs are defined as travel outside of Jefferson County, lodging, meals ($60 per diem) and incidentals, ground transportation, and all costs associated with travel. All extraordinary travel expenses will be pre-approved by City. The Consultant shall provide City substantiation of Reimbursable Costs incurred when available and upon request. Expenses shall not exceed $5,000 without obtaining approval of the City Council. 2.3. Invoicing. Consultant will submit invoices monthly for Reimbursable Costs for payment by City. Payment is due within thirty days upon receipt of invoice. If City disputes any portion of an invoice, City will notify Consultant within fifteen (15) calendar days of receipt of invoice by City, and if no such notification is given, the invoice will be deemed valid. Any portion of Cites invoice that is not in dispute shall be paid upon receipt. 3. TERM The term of this Agreement shall be for an initial period until September 30, 2010 unless sooner terminated as herein provided. 4. TERMINATION Either party may terminate this agreement for any reason at any time during the term by written notice directed to the other party and given seven (7) days in advance of the termination date. If the notice of termination is given in the middle of the month, the fees will be prorated. 5. INDEPENDENT CONTRACTOR Consultant shall be an independent contractor of (:ity and not an employee of City. City is interested solely in the results to be obtained from Consultants services; however, no specific or general results have been promised. City shall not withhold or in any way be responsible for the payment of any federal, state or local income taxes, occupation taxes, FICA taxes, unemployment compensation, workmen's compensation contribution, vacation pay, sick leave, retirement benefits, or any other payments for or on behalf of Consultant or any of Consultants employees. All such payment, withholdings and benefits are the responsibility of Consultant, and C:~Documents and SettingsUohn JohnsonVviy Documents~PA~PA Retainer Agreement 2010.doc 2 Consultant shall indemnify City against and hold i't harmless from any and all loss or liability arising with respect to such payments, withholdings or benefits. Consultant shall not be considered an employee of City for any purpose whatsoever. 6. DISPUTE RE',SOLUTION Any issue, controversy, dispute, or claim arising out of or relating to this Agreement, the services of Consultant or any of the deliverables, or the alleged breach of this Agreement, or arising out of the Consultant's services shall be resolved exclusively by final and binding arbitration in Houston, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association f AAA, and judgment on t:he award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall be selected by mutual agreement of the parties, if possible. If the parties fail to reach agreement upon appointment of an arbitrator within ten (10) calendar days following receipt by one party of the other parts notice of desire to arbitrate, the arbitrator shall be selected from a list or lists of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Commercial Arbitration Rules then prevailing. If an arbitrator has not been selected following submission of three or more lists by the AAA, either party may declare the existence of an impasse by giving writl:en notice to the other; in that event, the arbitrator shall be selected by the AAA. Upon the motion of either party, and for good cause shown, the arbitrator may make any order which justice requires to protect a party from the disclosure of proprietary, privileged or confidential business information, including orders (1) that depositions or hearings be conducted with no one present except persons designated by the arbitrator, and (2) that depositions, exhibits, other documents filed with the arbitrator or transcripts of the hearing be sealed and not be disclosed except as specified by the arbitrator. Any discovery, if any is necessary, as determined by the arbitrator under the applicable AAA rules, shall be conducted pursuant to the provisions of the then prevailing Texas Rules of Civil Procedure. 7. NOTICE Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly, or sent via electronic means, addressed to the appropriate party at the address set forth below: Notices to Consultant: Carl R. Griffith & Associates, Inc. 2901 Turtle Creek Drive, Suite 101 Port Arthur, Texas 77642 409-722-S1C11 (facsimile) j j ohnson @ c~~rlrgriffith.com C:~Documents and SettingsUohn JohnsonuVty Documents~PA~PA Retainer Agreement 2010.doc Notices to City: Steve Fitzgibbons, City Manager City of Port Arthur P. O. Box 1089 Port Arthur, 'Texas 77641 409-982-6743 (facsimile) fitzgibbons C~portarthur.net 8. GENERAL PROVISIONS 8.1 Entire Agreement and Amendments. This Agreement (including any exhibits hereto) contains the entire agreement between the parties and no oral statements or prior written matter not specifically incorporated herein shall be of any force and effect. No variation, modification or changes in the Agreement shall be binding on either party hereto unless set forth in a written document executed by all parties or a duly authorized agent, officer or representative thereof. 8.2 Assignment. Nothing in this Agreement shall lbe construed to permit the assignment by Consultant of any of its rights or obligations hereunder, and such assignment is expressly prohibited without the prior written consent of City. 8.3 Governing Law, Severability. This Agreement shall be governed by the laws of the State of Texas. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision. 8.4 Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to 'be a waiver of any subsequent breach hereof. 8.5 Drafting. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be t;mployed in the interpretation of this Agreement or any amendments or exhibits hereto. It is agreed that all parties have closely read this Agreement and that all requirements of conspicuousness are agreed satisfied or are waived. WHEREFORE, the parties have executed this Agreement as of the date first written above. CITY: By: Steve Fitzgibbons, City Manager CONSULTANT: By: Carl R. Griffith, President & CEO C:~Documents and SettingsUohn Johnson~Ivly Documents~PA~PA Retainer Agreement 2010.doc 4 EXHIBIT "A" TO THE AGREEMENT The consulting services will include the following: • Informing the City of Texas and Federal Agency Regulations, as well as programs, i.e., grant and other funding opportunities, that may affect or benefit the City. • Additional requested services, such as grant applications and grant management services, shall be on a case by case basis, requiring City Council action. EXHIBIT "B" to the Agreement C~ R. GxiF'~''tTg, JR. 26985 IH-10 • Winnie, Texas 77665 409/243.3261 •409/718.6447 (cell) • griffithranch@alltel.net CffiEF EXECUTIVE OFFICER • DIRECTOR Aresults-oriented leader with a record of success in bringing creative and entrepreneurial solutions to public sector management CAREER HIGHLIGHTS PRESIDENT AND CFIl>rF EXECUTIVE OFFICER Carl R Gri,,~ith & Associates, Inc. . January 2007 to Present Established this public ajJ'airs consulting firm with associates and subject matter experts nationwide serving clients in business, industry and government with. support and representation on a wide range of issues, including government relations, economic development, business development, regulatory affairs, criminal justice, homeland security, policy advocacy, grant writing and administration, and strategic consulting services. COUNTY7UDOE Je,~`erson County, Texas November 1996.to December 2006 The Chief Elected O,(~u;ial of this Southeast Texas county led a county workforce of 1,100 employees and o,~cials in delivering high-quality public services to a population of 250,000 in a metropolitan area of ~~ nearly 400,000. Designated by colleagues oa the commissioners court to lead the county's economic development program. Successfully negotiated with national and intonational corporations to develop nearly $i 3 billion in business and industrial expansions and relocations, thus creating thousands- of jobs and enhancing the region's economic posture. it lYom a $2 • Provided direct leadership to county-owned and operated commercial airport, taking noiltion deficit is the post-9/1 I environment to a profitable operating position in 5sca12006 while enhancing airport infrastructure and services. ~ gait partnership between petrochemical industry leaders, local officials, state regulators, and environmental advocacy groups to gain substantial emission reductions and secure as expedited State Implemartation Plan. This partnership ensured the Beavm°nt-P°rt ~'u ~ Jefferson, Hardin and Orange Counties) achieved compliance with the Clean Air Act. Managed county's state and federal legislative program, with kcY successes in defending regional water interests and securing funding for coastal erosion response. . As county's emergarcy management official, promoted a regional approach to emergency management and disaster response. Judicial responsibilities include presiding over probate and mental health commitment dockets. • Pmmot~d creation of Employee Health Degartmcnt, which provides r~°r healthcare and wellness services to county cenployces and dependents. Recognized by the Texas Comptrollo of Public Accounts for boosting productivity and elevating employee morale while providing nearly $600,000 in savings to the county. .. Si~'F Je,Q`erson County, Texas January 1989 to November 1996 CARL R GRIFFITH, JR. Page two The county's chief law enforcement o,~cer managed.a department of 400 sworn and support personnel to find innovative solutions to the public safety challenges confronting the community. . • Spearheaded the creation of regional task forces to attack the region's nazwtics, gang and auto theft problems, resulting in significant reductions in those crime areas. • Aggressive DWI enforcement sad education program led to 70-percent reduction in alcohol-related fatalities. • • Inherited the county's outdated and overcrowded 500-bed linear jail. Designed low-coat dormitory- . style direct supervision correctional facility, which eliminated overcrowding, enhanced inmate and officer security, and reduced per-inmate operational costs. • Chaired the state Sheriff Association's legislative committee for three legislative sessions. • Developed the Positive Production Program, an inmate training and education program designed to equip inmates with job and Life skills necessary for successful reintegration to the community. The program was recognized by Texas Governor Geatge W. Bush, the Texas Attorney General and the U.S. Attorney General for its innovation and was the model for similar programs in the U.S. • Replaced inefficient in-house inmate health care. with managed healthcare provider. This action privatized the system, which reduced cost and enhanced services. • Reduced fugitive extradition costs by forming an aerial extradition unit using a plane seized from _.... drug smugglers. Enhanced law enforcement and starch and rescue capabilities by creating an aerial unit using military.surplus helicopters secured at no cost to the county. INVESTIGATOR JefJ'erson County District Attorney's Office 1986-1988 DEPUTY SI~RLEF Jefferson County Sheriff's Off ice 1976-1986 EDUCATION MASTER OF EDUCATION (GUIDANCE & COUNSELING) Lamar University, Beaumont 1987 $ACIiELOR OF $CIEfICE (CRt1vi1NAL JUSTICE) Lamar University, Beaumont 1983 AssoclA'rt~ o~ Scm~cB (Lnw nvgoxcEr~'r) Lamar University, Beaumont 1981 160ARD AND ASSOCIATION MEMBERSHFP (past and present) • Vice-Chair, Texas Conference of Urban Counties CARL R GRIFFITH, JR. Page three • .Past Chair, East Texas Regional Water Planning Group • Past Chair, Texas Commission on Law Enforcement Officer Standards & Education • Board Member, Texas Environmental Research Consortium • Board Member, South East Texas Economic Development District • Law Enforcement Committee, Texas Association of Counties Past Chair, Legislative Committee, Sheriffs' Association of Texas • National Sheriff s Association Member Co1~sMUNrrx SERVICE • Board Member, Communities in Schools • Board Member, Boys' Haven • .Board Member, YMCA of Beaumont • Board Member, Mediation Center of Jefferson County • Lifetime Member, Southeast Texas Law Enforcement Council • Member, Beaumont Senior. Citizens Housing Board • Member, Rape & Suicide Crisis Advisory Board • Board Member, Texas Local Government Records Committee Member, Spindletop Centennial. Celebration Cammission AWARDS AND RECOGNITION 2006 2005 Hurricane Rita Distinguishod Service Award, Deep East Texas Foundation • Resolution-Hurricane Rita Appreciation from Port Arthur, Texas, City Council 2005 Texas, Commissioners Court • Resolution-Hurricane Rita Appreciation from Hardin County, • ETMA President's Special Award, East Texas Mutual Aid Association • Special Recognition from U. S. Army Corps of Engineers for Decisive Leadership during Hurricane Rita Frances K Monk "Regional Leadership" Award, Southeast Texas Regional Planning Commission, 2003 Hometown Hero Service Industry Award, Beaumont Convention 8c Visitors Bureau, 2000 1999 Free Enterprise Person of the Yeac, Associated Builders 8t Contractors of Southeast Texas, Executive of the Year Award, Sales and Marketing Executives Club of Southeast Texas,1997 Outstanding Political Service Award, Texas Public Workers Association, 1996 Community guilder Award, Masonib Grand Lodge of Texas, 1995 Texas .Outstanding Law Enforcement Administrator, Combined Law Enforcement Association of Texas, 1992 World of Difference Award, Anti-Defamation League of B'nai B'rith, 1991 EXHIBIT "C" ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/23/2009 PRODUCER (409) 729- 5551 FAX (409) 729- 7744 F. B. Taylor Ins & Real Estate 1509 South Fhvy 69 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 1346 Nederland, TX 77627-1346 INSURERS AFFORDING COVERAGE NAIC # INSURED Car R GrT ith & Associates INSURER A. EVdnstan Ins. Co. 2901 Turtle Creek Drive #101 INSURERS Essex Port Arthur, TX 77642 INSURER C: Texas Mutual INSURER 0: INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLK:V EFFECTNE POLICY EXPIRATION LIMITS GENERAL UA8ILITY C W420911310 07/09/2009 07/09/2010 EACH OCCURRENCE S 1 ~ QDD ~ (~ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 10 ~ CLAIMS MADE ~ OCCUR MEO EXP (Any one person) $ 5 , 00 B _ PERSONAL 8 ADV INJURY $ 1 ~~ 0 ____ __ ____ GENERAL AGGREGATE ~ ~ S 2 ~ ~0 _ GEN'L AGGREGATE LIMIT APPLIES PER R PRODUCTS - COMPIOP AGG ~ $ Excl ud O- POLICY P JECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Perms) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LU161LITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY qGG S EXCESS/11M8RELLA LIABILITY EACH OCCURRENCE S OCCUR ~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION S S WORKERS COMPENSATION AND ' TBD 07/'24/2009 07/24/2010 X ~YTLIgMTl7,S oTH- ~ EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT S 1, GOO, OO OFFICERMIEMBER EXCLUDED E.L. DISEASE - EA EMPLOYEE $ 1, GOO, O If yyees. describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000, o~ i l Li bili MIG"20000 03/08 07/'08/2009 07/08/2010 S1,000,000 r ona ess a ty A DESCRIPTION OF OPERATION8 / LOCATKNiS J VEHICLES / E7(CWSKHIS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS ertificate holder as additional insured on all policies except workers compensation. aiver of Subrogation in favor of certificate holder. CFRTIFICATF 41M f]FR C'AIJCFI I ATIAid SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER NULL ENDEAVOR TO MAIL Dallas County, Texas 30 DAYS WRITTEN NOTK:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Darryl Martin County Admi ni stratar BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLKiATiON OR LIABILITY 411 Elm Street, Second Floor of ANY KIND UPON THE INSURER. ITS AGENTS oR REPRESENTATIVES. Dallas. TX 75202 AUTHORIZEDREPRESENTArnE Geor a Ta for CIC ACORD 25 (2001/08) ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this fcxm does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2ti (2001/08)