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HomeMy WebLinkAboutProvider AgreementMay 09 V.M. Robinson (vw) City of Philadelphia Contract Number: 0920920 Office of Director of Finance PROVIDER AGREEMENT (General Consultant Services) THIS PROVIDER AGREEMENT is made as of thy; f ttay of�� 'F 2009, and effective as the 14th day of May 2009, by and between THE CITY PHILADELPHIA (the "City"), by and through the Office of Director of Finance (the "Department"), and PUBLIC FINANCIAL MANAGEMENT, INC. ("Provider's, a corporation with its principal place of business located at Two Logan Square, Suite 1600, 18th & Arch Streets, Philadelphia, Pennsylvania 19102-2770. UaV Ivi BACKGROUND JUN 18 2009 The City and Provider desire that Provider render general consultant services to the City in accordance with the provisions of this Provider Agreemeadelphi nt, the City of Phila Professional Services Contract General Consultant Services General Provisions, as revised February 2006 (the "General Provisions") and all of the other documents and exhibits which together constitute the Contract Documents as defined in the General Provisions. A copy of the General Provisions is attached hereto and incorporated herein by reference. In consideration of the mutual obligations set forth herein, and intending to be legally bound, the City and Provider covenant and agree as follows: ARTICLE I: GENERAL TERMS 1.1 Incorporation of Background. The Background is incorporated by reference herein. PSC (Gen.Con.) Rev. Date. January, 2001 Page 1 Provisions. 1.2 Definitions. Capitalized terms shall have the meanings set forth in the General ARTICLE II: TERM 2.1. Initial Term. The term of this Contract shall commence on May 14, 2409, and shall terminate on May 13, 2010, unless terminated earlier in accordance with the terms of the Contract. 2.2 Additional Term(s). This Contract may be amended by the City, in its sole discretion, in accordance with Section 2.2 (Additional Terms) of the General Provisions. The terms and conditions applicable during the Initial Term shall be applicable during any Additional Term, ARTICLE HE SERVICES AND MATERIALS 3.1 Services and Materials. Provider shall perform the Services and provide the Materials described in the Exhibit listed below, which is attached hereto and incorporated herein by reference: Exhibit PA -1: Provider's Proposal Exhibit PA 2: Provider's Letter dated May 5, 2009 Exhibit PA -3: Request for Qualifications dated April 3, 2009 ARTICLE IV: COMPENSATION 4.1 Amount. As compensation for the Services and Materials rendered and provided, the City covenants and agrees to pay Provider in accordance with the following Exhibit, which is attached hereto and incorporated herein by reference, subject to all limitations on the allowability of cost items imposed by the City of Philadelphia Contract Cost Principles and Guidelines: Exhibit PA -1: Provider's Proposal PSC (Gen.Con.) Rev. Date: January, 2001 Page 2 Exhibit PA -2: Provider's Letter dated May 5, 2009 Notwithstanding anything in this Contract to the contrary, in no event shall the amount certified by the Finance Department for Services and Materials during the Initial Term or any Additional Term exceed the maximum amount of TWO HUNDRED THOUSAND DOLLARS ($200,000.00). 4.2 Manner of Payment. (a) Payment shall be made after Provider's timely submission of invoices to the Responsible Official, in the number, form and content acceptable to the Responsible Official, accompanied by such additional supporting data and documentation as the Responsible Official may require. All payments to Provider are contingent upon satisfactory performance of the terms and conditions of this Contract. Provider shall submit its final invoice not more than sixty (60) days from completion of the Services and delivery of Materials. All payments to Provider shall be by checks drawn by the City Treasurer. (b) The City reserves the right to withhold or offset against any funds payable to Provider for any invoice for which the Responsible Official asserts a discrepancy exists or for Provider's failure to satisfactorily perform the terms of the Contract, as determined solely by the City. ARTICLE V: MISCELLANEOUS PROVISIONS 5.1 Notice. Any notice required or permitted to be given under the Contract shall be given in writing and shall be personally delivered by hand with receipt obtained, by a national overnight express carrier (such as Federal Express), by facsimile, or sent by registered or certified United States mail, return receipt requested, addressed as follows: IF TO THE CITY: Attn.: Beth Wetzel] Contract Conformance Manager City of Philadelphia Office of Director of Finance 1401 John F. Kennedy Boulevard, 13th Floor PSC (Gen.Con.) Rev. Date: January, 2001 Page 3 Philadelphia, PA 19102 Phone No.: (215) 686- 6203 Fax No.: (215) 686-6202 IF TO PROVIDER: Attn.: Barbara Bisgaier Public Financial Management, Inc. Two Logan Square, Suite 1600 18th & Arch Streets Philadelphia, PA 19103-2770 Phone No.: (215) 567-6100 Fax No.: (215) 567-4180 5.2 Additional Exhibits. Consistent with the provisions of the Contract, the following additional Exhibits are attached hereto and incorporated herein by reference: (a) Exhibit PA4: Appendix A - Relevant Experience dated April 20, 2009 (b) Exhibit PA -5: Appendix B - PFM Retainer Contracts dated April 20, 2009 (c) Exhibit PA -6: Appendix C —Resumes dated April 20, 2009 5.3 Interoretation; Corder ofPrecedenm In the event of a conflict or inconsistency between the terms of this Provider Agreement and any term, condition or provision contained in any Exhibit hereto, or any attachment to such Exhibit (including, without limitation, any proposal of Provider), the terms of this Provider Agreement shall control. 5.4 Section 5.4 Intentionally Deleted. 5.5 AcknowlMeement ofthe General Provisions. Provider specifically acknowledges that Provider has read and understands the terms and conditions contained in the General Provisions and acknowledges that by executing this Provider Agreement, Provider shall be legally bound by all of the terms of this Contract, including, but not limited to, those set forth in the General Provisions. PSC (Gen.Con) Rev, Date: January, 2001 Page 4 0 IN FITNESS WHEREOF, the Parties hereto, intending to be legally bound by all of the Contract Documents, have caused the Contract to be executed by their respective duly authorized officers as of the date in the heading of this Provider Agreement. APPROVED AS TO FORM SHELLEY R. SMITH, CITY SOLICITOR Per: U Valerie M. Robinson / �� Senior Attorney cd CORPORATE SEAL: PSC (Gen.Con.) Rev. Date: January, 2001 Page 5 THE CITY OF PHILADELPHIA Through: Office of Director of Finance By GIL G Title: i)r r PUBLIC FINANCIAL MANAGEMENT INC. By: Title: P2e7i 41rT Pres int or'Vice-Pide Attest: 1 Title: (Ass't) Secretary 'lTi'�surer F. 104N YP41TE CHEF EXECUTIVE OFFICER EXMIT PA -1 PROVIDER'S PROPOSAL The PFM Group Office of the Director of Finance City of Philadelphia Municipal Services Building 1401 John F_ Kennedy Blvd Philadelphia, PA 19108 Attention: RFQ — Financial Services Consultant, Opportunity No. 21090402083320 April 16, 2009 On behalf of Public Financial Management, Inc. (PFM), I am pleased to submit this proposal to serve as Financial Services Consultant to provide expert services in support of upcoming labor negotiations with the City's municipal unions. PFM has been committed to serving state and local governments nationwide for more than 30 years, and looks forward to delivering the highest quality of bargaining and arbitration consulting services to the City. As further detailed in our accompanying full response, we will bring to this project a unique combination of national expertise with municipal finance and negotiations, combined with decades of Philadelphia City and regional knowledge and experience. We have delivered bargaining support and interest arbitration expert testimony for many of the nation's largest public employers — from the City of New York to the City of Austin, Texas to the Commonwealth of Pennsylvania — and have worked with the City of Philadelphia directly on fiscal issues and in support of labor negotiation since 1992. To help meet the immediate challenges just ahead, PFM stands ready with a database of hundreds of collective bargaining agreements, health benefit plan descriptions, and pension information, and has assembled a seasoned team that approaches our work as collaborative professionals. We are committed to government clients as our first and only priority, and will work closely with the City to make its financial goals and objectives a reality. While we are a nationally recognized leader and expert in this service area, Philadelphia is also our hometown as a company— and for many of us as individuals. Given the'extraordinary economic challenges now faced by the City, we recognize the pivotal importance of this upcoming round of municipal bargaining. If selected for this engagement, we pledge to provide our best work, and our full commitment, to supporting the work ahead. By signing this letter, I hereby bind PFM to all terms of the Proposal; represent and warrant that I have the authority to so bind PFM; and acknowledge that I and PFM understand and accept the terms, conditions, and requirements of the City's request for qualifications. As both the party responsible for negotiating on behalf of our firm and our proposed day-to-day contact, all correspondence may be addressed to me at the following address: Michael Nadol, Managing Director Public Financial Management Two Logan Square, Suite 1600 Philadelphia, PA 19103 Phone: 215-557-1433; Fax: 215-567-4180 Email address: nadolmapfm.com If you have any questions, please do not hesitate to contact me. Thank you for your consideration. Sincerely, Public Financial Management Michael Nadol, Managing Director