2012-160ORDINANCE NO. 2O 12� 16�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
SAWKO & BURROUGHS, LLP, FOR PROFESSIONAL SERVICES RELATED TO
COLLECTION OF DELINQUENT TAXES ON BEHALF OF THE CITY OF DENTON;
AND ESTABLISHING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The City Manager is hereby authorized to execute a Professional
Services Agreement with Sawko & Burroughs, LLP, in substantially the form attached and
incorporated herein by reference.
SECTION 2: This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the rJ�� day of , 2012.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: -�.
AP OVED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: " J� �
s:\our documentslordinances112\delinquent tax collection ordinance.doc
CONTRACT FOR THE COLLECTION OF
DELINQUENT PROPERTY TAXES
THE STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT is made and entered into by and between the City of Denton, 215 East
McKinney, Denton, Texas 76201 (hereinafter, "CITY"), acting herein by and through its governing
body, and the Law Firm of Sawko & Burroughs, PC, 1172 Bent Oaks Drive, Denton, Texas 76210
(hereinafter, "FIRM").
1. EMPLOYMENT OF FIRM
CITY agrees to employ, and does hereby employ, FIRM as an independent contractor.
FIRM hereby agrees to enforce, by suit or otherwise, the collection of all delinquent taxes, penalties,
and interest owing to CITY. All references herein to CITY shall also incorporate reference to
CITY's contract with Denton County, Texas to collect t�es.
A. FIRM shall initiate collection on current and prior year delinquencies as of July 1, 2008,
and shall initiate collection on subsequent delinquencies as of each subsequent July 1� anniversary.
B. With respect to delinquent personal property taxes only, FIRM sha11 have the option to
initiate collection on March lst of the year in which they become delinquent; however, CITY shall
not owe FIRM a fee on current year delinquent personal property taxes collected between March 1 St
and June 30�', unless attorney fees are collected pursuant to Tex. Prop. T� Code §33.48.
C. FIRM shall perform all those services set forth in CITY's Request for Proposals ("RFP")
dated August 19, 2008 and FIRM's response to the RFP dated September 10, 2008, which are on
file in the office of the Purchasing Agent and made a part hereof, as if written word for word herein
and as further set forth in a contract between CITY and FIRM dated November 4, 2008, and in an
extension to said contract dated May 3, 2011.
D. The terms of this Contract control over the terms and conditions of the aitached e�ibits,
in the event of a conflict.
FIRM hereby agrees to perform these services with diligence and in accordance with the
highest professional standards customarily associated with such services in the State of Texas.
2. PROVISION OF INFORMATION
CITY agrees to furnish its delinquent t� information to FIRM on all property within the
boundaries of CITY, including name, identity, location of necessary parties, and property
descriptions.
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3, INVESTIGATION AND ASSISTANCE
FIRM agrees to investigate the address of each taxpayer, and the location of the propei�ty,
where such information may be incorrect on tlie delinquent t� record. FIRM shall bring to the
attention of the appropriate tax official of CITY any enrors, double assessments, discrepancies, or
inaccuracies detected by FIRM in tha d�linquent tax record. FIRM iitrther agrees to provide CITY
any advice or assistance iz� updating the tax rolls.
4, CQLLECTION
Upon initial recexpt of coz�puter readable delinquent tax records, FIRM agrees to initiate
collection of the full amount due from each taxpayer. Within a reasonable time frame, but not more
tharx 60 days from FIRM's receipt of the delinquent taaz records, FIRM hereby agrees to send, by
first class mail, a. notice of delinquency to each an.d every delinquent taxpayer, requesting said
t�payer to remit the full amount due and owing to CITY, except in cases where the taxes have been
deferred or made tha basis of a lawsuit against the Denton County Appraisal District to determine
value.
5. REVIEW AND AUTHORIZATION TO SUE
Follawing transmittal of the notice of delinquency as specified above, FIRM will
aggressively pursue callection, in anticipation of litigation. CITY shall have absolute discretion
over the decision to file suit. Tz•ansmittal of the delinquent tax ir�#'axmation from CITY to FIRM
shall collstitute authorization to file suit, following tlie mailing of the iniiial notice of delinquency.
Upon written notice, GITY may, at any tirne, withdraw authorization to file suit. CITY may at any
time withdraw authorization to foreclose and sell the property, and said withdrawal shall be in
writing.
6. LITIGATION RESPONSIBILITIES
A. FIRM agrees to coznmence litigation, prosecute, and reduce to judgment a11 delinquent
accounts, including all pending lawsuits that FIRM deems to warrant, or upon which CITY has
specifically requested action in writing. Each suit filed shall seek: personal judgment against t1�e
individual taxpayer for all taxes upon which the ta�cpayer can be held persanally liable; penalty and
interest; foxeclosure of any tax lien which may exist by operatian of law; any and all court costs
incurred in prosecuting the lawsuit; and any collection fees or attorney fees which the taxpayer is
obligated to �ay. FIRM shall perform litigation responsibilities and protect CITY's legal ramedies,
ineluding appeals, preparation of any docurnents required, post judgment activities, and any other
actions necessary in order to collect the delinc�uent taxes.
B. FIRM will assume the representation of CITY in all lawsuits, zncluding all pending
lawsuits, involving the collection of delinquent taxes and enforcement of tax liens, including, but
not limited to ba��kruptcy litigation, claims, and actions required to be filed with federal agencies
such as FDIC, FSLZC and RTC, inteiventions in suits �led on behalf of any other t�ing units'
cuz-rent suits, and any other suit or litigation which may involve or relate to the coltection of
delznquent taxes. FIRM will inform CITY of any counterclaims or cross-actions filed against
CITY.
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C. Upon request, FIRM agre�s to provide legal advice and assistance to CITY in the
acquisition of property for public purpose use, pursuant to the Property Tax Code.
7, TAXPAYER SERVICES
In additior� to litigation, FIRM fttrthe�' agrees to provide taxpayer service withoui charge. As
such, FIRM agrees: (1) to provide CITY legal advice and wi7tten opinions regarding tax matters
upon request; (2) to respoz�d ta ta�cpayer inquiries and to advise CITY, in writi��g; and (3) zn�ke any
recoTnmendations concerning installment payment agreements and settlement agreements proposed
by the ta�cpayer. CITY sha11 have final detennination in acceptance of all installrnent payments or
settlement agreez�.ents within parameters established by CITY. FIRM sha11 have discretion to enter
into installment agreements, subject to CITY's preragative of final deteimination. In all deinand
letters and all communications with taxpayers, FIRM shall inform and instruct the taxpayer to remit
payinent to CITY. If remittance is received by FIRM, it must be h•ansmitted in its entirety to CITY
and received for processing by 11:30 a.m., the following business day. Cbecks made payable to
FIRM shall Ue endorsed by FIRM to CITY. No check, cash, or money order for payment of
delinquent taxes shall be deposited in any FIRM account.
8. PROGRESS REPORTS
FIRM agrees to niake deliilquent taac collection progress reparts to CITY monthly and
quarterly, in a format contairaing information requested by CITY's Duector of Finance, Progress
reports inay include, without limitation:
a. Number and type of communication with delinquent taxpayers;
b. Summazy of all delinquent accounts collected;
c. Nurnber of suits filed;
d. Detailed list of suits filed;
e. Number of judgments rendered;
f. Detailed list of judgments rendered;
g. Nuinber of warrants issued/served;
k. Detailed list of bankruptcies and status of those properties;
i. Number of properties submitted to courts for auction;
j. Detailed list of properties submitted to courts for auction, with date submitted and
most recent status;
k. Number of properties sold; and
1. Detailed list of praperties sold or reverting to taxing entity because of non-sale.
Within parameters established at the initiation of the collection program, FIRM shall advise
CITY of any case in which FIRM's investigation has revealed that the taxpayer cannot be found, the
enforcement of the tax lien ca.nnot be accomplished, or further attempts at tax collection would be
futile, and shall provide FIRM's recommendation regarding the proper disposition of the case. Tn
such cases, CITY shall advise FIRM as to tlie appropriate disposition oithe account.
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9. COMPENSATIUN
A. As compensation for the services rendered hereunder by FIRM, CITY hereby agrees that
FIRM may retain 20% oi the total aniount oi all delinquent t�es, penalties, and interest %r the tax
years covered by this Con�ract, as authorized by Tex. Pxop. Tax Cade §6.30(c). Said 20% shall
constitute an additional penalty, to defray costs oi eollection as set fortll in Tex. Prop. Ta�c Code
§33.07. All compensation set forth above shall becolne the property of FIRM at the time payment
of taxes, penalties, and interest are received by CITY. The 20% collection fee will only be retained
on taxes which remain delinquent a$er July 1S` of the year on which they becarne deli�quent,
pursuant to Tex. Prop. Tax Code §33.0'7. FIRM shall not be entitled to the aforesaid 20% ulaless
and until FIRM has talcen some action in connection with recovering delinquent taxes, The
transmittal of a notzce of delinquency shall constitute sufficient aetion in order to entitle FIRM to
tk�e aforementzoned fee. As compensation for the services rendered hereunder by FIRM far the
collection of taxes which are not eligible for the additior�al penalty authorized by Tex. Prop. Tax
Code §33.07, and upon which suit has been filed, the compensation shall be reasonable attorney
fees approved by the cout�t, not exceeding 15% of ihe total amount of taxes, penalties, and interest
due CITY, In no event shall FIRM be entitled to any fee, unless and until CITY actually collects
the delinquent taxes, penalties, interest, court costs, collection costs, or attornay fees from the
taxpayer, or from the proceeds of a forced sale ar foreclosure. In no event shall FIRM be entitled to
any fee, unless said %e is collected by CITY during the term of this Contract, or fee is collected by
CITY on accounts u�on which FIRM is attorney of record at Yhe rime of judgrnent. No interest shall
accrue on any late payment.
B, The eompensatian set forth in paragraphs 9, 10, and 13 of tlus Contract shall be the total
cornpensation due to FIRM for all services provided pursuant to tlus Contract, and in no event shall
FIRM seek any additional conlpensation fiorn CITY.
10. COLLECTION OF OTHER DELIN(�UENT ACCOUNTS
FIRM s11a11, upon wzitten xequest of City, undertake the collection of delinquent accounts
for paving assessment liens, substandard housing demolition liens, and weed liens. The collection
af these accounts sha11 be undertaken on the basis of attorney fees assessed to and collected from the
debtors. CITY agrees to pay FIR.M, as campensation, a11 amounts received as attoiney fees on
delinquent accounts for paving assessment liens, substandard housing demalition liens, and weed
liens which are collected as a result of FIRM's collection efforts during tlie term of tl�is Contract.
11. CONFLICTS OF INTEREST
FIRM agrees not to represent any client who l�as an adversarial position with the City of
Denton or en�age in any conflict of interest, and agrees to eoniply fully with the Texas Disciplinary
Ru1es of Professional Conduct (Subtitle G- Texas Governmeni Code) for the duration of this
Contract.
12. TERM
This Cont�act shall begin on July 1, 2012, and end on June 30, 2013. At the conclusion of
the said tertn, this Contract shall continue in full force and eifect from month to month at the option
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of CITY, unless either party delivers written notice to the other party of its intent to terminate this
Contract at least 30 days prinr to the date of tl�e intended termination. FIRM shall have an
additional six months to reduce to judgment and sale all tax collection lawsuits filed and collect all
bankruptcy claims filed prior to the ternnination date, and shall have the exclusive right to
compensarion of fees eay.�ed due to these suits during this six mantl� period. CITY s�a11 have the
right to sooner terminate tliis Conhaet by giving 30 days' written notice of such intention, or in the
event oi any of the events taki�g place under Section 33 "Tezmination of Agreement" of this
Conbract, In case of such tei�nination, FIRM shalI be entitled to xeceive and retain all com�ensation
due up to the date o� said termination, Upon termination, FIRM shall iuitnedxately deliver all files
in their entirety tn CTTY at no cost to CITY.
13. ATTORNEY FEES
In eininent domain and other judicial proceedings, FIRM will be entitled to only those
attorney fees awarded by the court, and then only if collected by CITY. In bankru�tcy proceedings,
FLRM shall be entitled to a fee of 20% of the tax, penalries, and interest actually collected by CITY.
FIRM agrees to file and diligently pursue all property tax claims on behal£ of CTTY in banlcruptey,
einin.ent domain, and other judicial or administrative proceedings, whether %deral or state in nature.
14. TAX WARRANTS
Upon request and authorization of CITY, FIRM shall prepare and pursue the issua�ice of tax
warrants. FIRM shall then coordinate the seizure of personal property, pursua�lt to wat7•ant. PIRM
shall accornpany tl�e Tax Collector to the loca�ion of the personal propez�ty which is to be seized to
insure that a11 necessary procedu.res have been followed.
15. SETTLEMENTS
No settletnents or compromises of taxes, penalties, or interest shall be effected where
prohibited by law, and only upon approval by CIT`Y where authorized by law. Tf a taxpayer
requested waiver is upheld as provided by Tex. Prop. Tax Code §33.01 l, FTRM will bear the costs
of suit if it failed to notify the ta}cpayer of the delinquency priar to filing of the suit.
16. NOTICE
Any notice or other written instrument required or pennitted to be delivered pursuant to the
terms of this Contract shall be deemed to have been delivered, whether actually received or not,
when deposited in the United States mail, postage prepaid, registered or certified, return reeeipt
rec�uested, addressed to CITY or FIRM, as ihe case may be, at the following addresses:
CITY
City of Denton, Texas
ATTN: Director of Fina�ica
215 East McKinney
Denton, Texas 76201
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FIItM
Sawko &. Burroughs, PC
ATTN: Gregory Sawko
1172 Bent Oaks Drive
Danton, Texas 76210
Either party may change its mailin� address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
17. COLLECTION REQUIREMENTS
FIRM agrees to collect, between July 1, 2012 and June 30, 2013, i�ot less than 60% of the
total dollar value of the adjusted base tax of the 2011 deluiquency existing on July l, 2012, and
not less than 30% of ihe aggregata delinquent tax roll for the prior year.
18. VENU�
'The terms, obligations, and requirements of this Contract shall be construed in accordance
with the laws of the State of Texas. The obligations and requirements of the parties hereto are
perfonnable in Denton Coun.ty, Texas. Any litigation involving this Contract shall be h-ied in a
court of competent jurisdiction sitting in Denton County, Texas.
19. ACCEPTANCE QF EMPLOYMENT
In consideration of the tertns, covenants, a.n.d mutual a�reernents hereinabove stated, FIRM
hereby accepts the employment of CITY, and undertakes the performance of this Contract as above
stated.
20. DIRECTIVES
All directives between FIRM and CITY shall be confirmed in writing.
21. COVENANT NOT TO SUE
FIRM fuither agrees not to bring any cause of action against CITY relative to this Contract.
Should FIRM bring any cause of action against CITY, FIItM agrees the liquidated damages shall
not exceed $1.00, and the filing of such cause of action shall be considered a material breach of this
Con�ract.
22. AMBIGUITY
Any ambiguity withu� this Contract shall be lzberally interpreted in favor of CITY.
23. ASSTGNMENT
The rights and responsibilities of CITY under this Contract may be assigned by the City
Council to anotl�er goveznmental unit in Denton County without approval of FIRM. It is
understood and agreed that this is a pro#essional services contract, and CITY is contracting for the
unique services of FIRM. FIRM's rights and responsibilities under this Contract may not be
assigned by FTRM to another law finn or collection agency without written approval oi the
assignment by the City Council.
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24. INDEMNITY AGREEMENT
FIRM shall indemnify, save, and hold harmless CITY and its officers, agents, and
employees from and a�ainst any and al� liability, clairns, demands, damages, losses, az�d expenses,
including, but not limited to court costs and reasonable att�iney fees incurred by CITY, and
including, without lamitai�on, damages for bodily and personal injury, death and property damage,
resulting from the negligent acts or omissions of FIRM or its officers, shareholders, agents, or
employees in the execution, operation, or perfonnance of this Conhact,
Nothing u� this Contract shall be construed to create a liability ta any person who is not a
party to this Contract. Notbing herein shall waive any of the parties' defenses, both at law or equity,
to a.t�y clain�., cause of action, or litigation filed by anyone not a party to this Contract, including the
defense oi govermnental immtu�ity, which defenses are hereby expressly reserved.
Z5. AITDITS
CITY shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. FIRM sk�all retain such bool�, records, documents
and other evidence pertaini,�g to this agreement during the contract period and five years
thereafter, except if an audit xs iza progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records,
documents and other evidence shall be available, within 10 business days of written request.
Further, FIRM shall also require all Subcontractors, maierial suppliers, and other payees to
retain all books, records, documents and other evidence pertaining to this agreement, and to
allow CITX similaz access to those documents. All books and records will be znade available
within a 50 mile radius oi the City of Denton. The cost of the audit will be borne by CITY
unless the audit reveals an overpaymant of 1% or greater. If an averpayment of 1% or greater
occurs, the reasonable cost of the audit, including any travel costs, must be borne by FIRM
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in CITY's sole discretion, grounds for termination thereof. Each of the
terms "books" "records" "documents" and "ather evidence" as used above shall be
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construed to include drafts and electronic iiles, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
26. INSURANCE
During the performance of ehe services under this Contract, PIRM sha11 maintain the
fol�owing types of insurance, meeting the miniznum dollar requirements stated below, with an
insurance company licensed to do business in the State of Texas by tl�e State Instuance Cornrnission
(or its successor), having a Best Rate Carriers rating of A- or above:
Profe,5sional liability insurance with limits of not less than $100,000.00 per occurrence and
$300,00� annual aggregate.
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Automobile and Comprehensive General Liability insurance with bodily injury limits of
not less than $1,000,000 for each person and aggregate of $2,000,000.00 and with
pz•operty damage limits of not less than $50,000 per accident
FIRM shall furnish insurance certificates or insuranee policies at CITY's request to
evidence such coverages. The Automobile and General Liability insurance policies shall name
CITY as an additional insured, to the extent legally possible. All such policies of insurance sliall
nat be canceled or inodified without 30 days prior written notice to CITY aild FIRM. In such
event, FIRM shall, prior to the effective date of the change or cancellatioz�, serve substitute
policies furnishing the sarne coverage.
27. AItBITRATION AND ALTERNATE DISPUTE RES�LUTION
The parties may agree to settle aiiy disputes under this Contract by submitting the dispute to
arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or
alternate dispute resolutioii arising out of or relating to this Confract, involving one pat�ty's
disagreeznent, rnay znclude the other party to the disagreement without the other's approval.
28. ENTIItE AGREEMENT
This Contract, consisting of 11 pages, constitutes the complete and final expression of the
agreement of the parties, and is intended as a cornplete and exclusive statement af the terms oF their
agreements. This Contract supersedes all prior contemporaneous o�fers, promises, repzesentations,
negotiations, discussions, cocrununications, and agreements which may have been made in
connection with tJ�e subject matter hereof.
29. COMPLIANCE WITFI LAWS
FIRM shall comply with all federal, state, and local laws, rules, regulations, and ordinances
applicable to the work eovered hercunder as they may now read or hereinafter be amended.
30. DISCRIMINATION PROHIBITED
In perForming the services required hereunder, FIRM shall not discrirninate against any
person on the basis of race, color, religion, sex, nafional origin or ancestry, age, or physical
handicap.
31. PERSONNEL AND EQUIPMENT
A. FIRM represents that it has or will secure, at its own expense, all personnel required to
perforn� a11 the setvices required under this Contract. Such personnel shall not be
e�nployees or officers of, or have any contractual r�lations �with, CITY. FIRM shall infarm
CITY oi any conflict of interest or potential conflict of interest that may arise during t1�e
ter�n of this Contract.
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B. All servi.ces required hereunder will be performed by FIRM, or under its supervision. Al�
personnel engaged in work shall be qualified, and shall be authorized and p�rmitted under
state and local laws to perforni such seivices.
C. FIRM represeiits that it has or �vill secure, at its own expense, the hardware, software, and
other resources required to perform, all the services required under the terms of this cont�•act
in a timely manner.
32. ASS�GNABILIT"Y
FIRM shall not assign any interest i� this Contract, az�d shall not transfer any interest in this
Contract (whether by assignment, novation, or otherwise) without the priar written consent of
CITY.
33. TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Contract, either party may terminate by giving
30 days advance written notice to the other pa�-ty.
B. This Contract may be terminated, in whole or in part, in the event of either party
substantially failing to fulfill ifis obligations under this Contraet. No such termination will be
effective unless the other party is given: (1) written notice, delivered by certified mail,
return receipt requested, of intent to terminate, setting foi�th the reasons, specifying the
nonperformance, a�1d giving the otk�er party not less thau 30 ca.lendar days to cure the
failure; and (2) an opportunity for consultation with the teiminating party prior to
tetrnination.
C. If the Contract is terminafied prior to completion of the selvices to be provided hereunder,
FIR.M shall immediately cease all services and shall render a final bill for services to CITY
within 30 days after the date of termination. CITY shall pay FIRM For all services properly
rendered and satisfactorily performed, and for xeimbuxsable expenses to termination
incurred prior to the date of termination, in accordance with AY�ticle 9"Compensation".
Should CITY subsequently co�ixact with a new consultant for the continuation of services
outlined in this Caniract, FIRM sha11 cooperate in providing informarion. FTRM shall turn
aver all documents prepared or fiunished by FIRM, ��.usuant to this Cont�act, to CITY on or
before the date of tez�mination, but may maintain copies of such documents for its use.
34. MOD�FICATION
No waiver or modification of this Contract, or of any covenant, condition, or limitation
herein contained shall be vaiid, unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence in
any proceeding arising between the parties hereto, out of, ar affecting this Contract, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing and duly
executed. The parties further agree that the provisions of this section will not be waived unless as
herein set forth.
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35. INDEPENDENT CUNTRACTOR
FIRM shall provide services to CITY as an independent contractor, not as an employee of
CITY. FIRM sha.71 not have or claiin any right arising from employee stafus.
36. NIISCELLANEOUS
A.. FIRM agrees that CITY shall, until the expiration of three yeai•s a�er the final payznent
under this Contract, have access to an.d the right to examine any directly pertinent books,
doeuments, papers, and records of FIRM involving transactions relating to this Contract.
FIRM agrees that CITY shall have access, during normal working hours, to all necessary
FIRM facilities, and shall be provided adequate and appropriate warking space in order to
condnct audits in compliance with this sectio�n. CITY shall give FIRM reasonable advance
notice of intended audits.
B. For the puzpose of this Contract, the key person who will perfonn most of this work
hereunder shall be Gregory Sawko. However, nothing herein shall 1'unit FIRM from using
nther qualified and competent mambers of its firm to pe�-form the services required herein.
C. FIRM sha11 commence, carty on, a�id complete any aiid a11 projects with all applicable
dispatch, in a sound, econainical, efficient inanner, and in accordance with the provisions
hereof. In accomplishing the services hereunder, FIRM shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by CITY.
D. CITY shall assist FIRM Uy placing at FIRM's disposal all available information. pertinent to
the services outlined in this Contract, including previous reports and any ather data relative
to the services outlined in this Contract, aiid arranging for the access thereto. CITY shall
make all provisions for FIRM to enter in or upon public an.d private property as required for
FIRM to perform services under this Contract.
37. TIME OF THE ESSENCE
Time is of the essence with respect to a11 inatters covered by this Cont� act.
38. CAPTTONS
The captions appearing at the first of each numbered section are inserted and included solely
for convenience, and shall never be considered or given any effect in construing this Contract.
This Contract is executed on behalf of CITY by the presiding officer of its governing body
who is authorized to execute this instrument by order heretofore passed and duly recorded in its
minutes and by a partner of FIRM who, by execution of this Contract, represents and warrants that
he or she has the authority to execute this doctunent on behalf of FIRM.
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WITN SS the signat�.ire of all parties hereto in triplicate originals this the � day of
, 2012, Denton County, Texas.
CITY OF DENTO TEXA
L —
GEORGE C. CAMPBELL
ATTEST:
JENNIFER WALTERS, CZTY SECRETARY
BY:
APP 4 ED AS LEGAL FORM:
ANIT BURGESS, CITY ATTORNEY
s,
BY:
CI'TY MANAGER
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