HomeMy WebLinkAboutContract 33105 QITY SECRETARY
CONTRACT No
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PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered
into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal
corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and
through Richard Zavala, its duly authorized Assistant City Manager, and EKTRON,
INC.("Ektron" or "Consultant"), a Limited Liability corporation and acting by and through
George Rassias, its duly authorized Vice President of Sales (title) , and COMSYS Services
LLC, ("COMSYS"), a Delaware limited liability company acting by and through William
Vaughan, its duly authorized Managing Director (title).
1. SCOPE OF SERVICES.
Consultant and COMSYS hereby agree to provide the City with professional consulting
services for the purpose of providing Content Management System implementation and
training of such software. Attached hereto and incorporated for all purposes incident to this
Agreement is Exhibit "A" describing the Scope of Work.
2. TERM.
This Agreement shall commence upon the date that both the City and Consultant have
executed this Agreement ("Effective Date") and shall continue in full force and effect until
terminated in accordance with the provisions of this Agreement or when the City provides
Consultant with written notice that Consultant has fulfilled its obligations under this Agreement
and that Consultant's services are no longer required.
3. COMPENSATION.
The City shall pay Consultant per the terms of individual executed work order in
accordance with Exhibit "B," Pricing, which is attached hereto and incorporated for all
purposes incidents to this Agreement. Consultant shall not perform any additional services
for the City not specified by this Agreement Unless the City requests and approves in writing
the additional costs for such services. The City shall not be liable for any additional expenses
of Consultant not specified by this Agreement unless the City first approves such expenses in
writing.
4. TERMINATION.
4.1. Written Notice.
The City or Consultant may terminate this Agreement at any time and for any
reason by providing the other party with 30 days written notice of termination.
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4.2 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any
fiscal period for any payments due hereunder, City will notify Consultant of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for
which appropriations were received without penalty or expense to the City of any kind
whatsoever, except as to the portions of the payments herein agreed upon for which
funds shall be been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the
City shall pay Consultant for services actually rendered as of the effective date of
termination and Consultant shall continue to provide the City with services requested
by the City and in accordance with this Agreement up to the effective date of
termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Consultant hereby warrants to the City that Consultant has made full disclosure in
writing of any existing or potential conflicts of interest related to Consultant's services and
proposed services with respect to the Scope of Services. In the event that any conflicts of
interest arise after the Effective Date of this Agreement, Consultant hereby agrees
immediately to make full disclosure to the City in writing. Consultant, for itself and its officers,
agents and employees, further agrees that it shall treat all information provided to it by the City
as confidential and shall not disclose any such information to a third party without the prior
written approval of the City.
Consultant understands and acknowledges that the City is a public entity under the laws
of the State of Texas, and as such, all documents and data held by the City are subject to
disclosure under Chapter 552 of the Texas Government Code, the Texas Public Information Act
(the "Act"). If the City is required to disclose any documents that may reveal any Consultant
proprietary information to third parties under the Act, or by any other legal process, law, rule or
judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify
Consultant prior to disclosure of such documents. The City shall not be liable or responsible in
any way for the disclosure of information not clearly marked as "Proprietary / Confidential
Information" or if disclosure is required by the Act or any other applicable law or court order. In
the event there is a request such information, it will be the responsibility of Consultant to submit
reasons objecting to disclosure. A determination on whether such reasons are sufficient will not
be decided by the City, but by the Office of the Attorney General of the State of Texas.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this contract, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of the consultant involving
transactions relating to this Contract. Consultant agrees that the City shall have access
during normal working hours to all necessary Consultant facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give Consultant reasonable advance notice of
intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall, until expiration of three
(3) years after final payment of the subcontract, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and records of such
subcontractor involving transactions related to the subcontract, and further that City shall have
access during normal working hours to all subcontractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph. City shall give subcontractor reasonable notice of intended
audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an independent
contractor as to all rights and privileges granted herein, and not as agent, representative or
employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Consultant shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors and subcontractors. Consultant acknowledges that the
doctrine of respondeat superior shall not apply as between the City, its officers, agents,
servants and employees, and Consultant, its officers, agents, employees, servants,
contractors and subcontractors. Consultant further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Consultant.
8. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES". FROM
AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES;PROKDED, HOWEVER rHA7-00NSZ&rANrS/NDEAfN/TYOBL/GAT/ONS
HER,E!/NOER SHALL NO r, TO THENEOL/GENCE, WILLF!/L AfISCONOUCT, OR
SR,EACH OF THIS A0R,6Eh1ENT OF OR BY THE/NOEAfN/F/ED PAi9T/ES, THE STi9/0T
L/AB/L/TY lAfPOSEO UPON THE/NOEAfN/F/EO PAi9T/ES AS A AfATTER OF LAM, OR
ANY ACT/ON OR /NACT/ON OF CONSUL TANT TAKEN AT THE,01RECT/ON OF THE
/NOEAfN/F/EO PAi9T/ES.
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IN NO EVENT WILL A PARTY BE L/ABLE TO ANOTHER PARTY FOR ANY,
/NC/DENTAL, SPEC/AL OR CONSEOUENT/AL DANAGES, /NCLUD/NG LOSS OF
PROF/TS, REVENUES, DATA, USE, ANY OTHER ECON0N1C ADVANTAGE, INCURRED
BY A PARTY AR/SING OUT OF OR RELAT/NG TO TH/S AGREENENT, UNDER ANY
THEORY OF L/ABILITY,, !WHETHER/N AN ACT/ON/N CONTRACT, STRICT L/AB/L/TY,
TORT /NCL UD/NG NEaUaENCE OR OTHER LEGAL OR EOU/TABLE THEORY, EVEN
/F A PARTY ANEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DA&AGES. EACH PARTYS L/AB/L/TY FOR DA&AGES OR XOENN/TY UNDER TH/S
AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED PER
CLAIN AND/N THEAGGREGATE THE TOTAL ANOUNTACTUALL YPA/D BY THE C/TY
TO CONSUL TANTUNOER r11/SAGRE5NEN7
9. LIMITED WARRANTY ON SERVICES.
COMSYS warrants to the City that it will provide the services hereunder utilizing
reasonable care and skill in accordance with customary industry standards. In the event that
COMSYS breaches this warranty, the City shall promptly notify COMSYS in writing and shall
specifically describe the deficiency. COMSYS agrees to promptly re-perform such services that
failed to meet this standard of care. If the services as re-performed fail to meet this standard of
care, COMSYS and the City shall mutually determine whether additional attempts at re-
performance will be made or whether Consultant shall refund to the City that amount paid by
the City for the deficient services. The City must make any claim for breach of this warranty by
written notice to COMSYS and Consultant within thirty (30) days of performance or re-
performance of such services. EXCEPT AS EXPRESSL Y SET FORTH /N TH/S
AGREEMENT, COAXSYS EXPRESSLY 0/SCLAIUS ANY AND ALL WARRANT/ES AND
REPRESENTAT/ONS OF ANY K/ND OR NATURE !�Y/TH RESPECT TO THE SERV/CES
PERFORAfE0 OR DEL/VERABLES DEL/VEREO UNDER THIS AGREEMENT, !WHETHER
EXPRESS OR /U1PL/E0, /NCLUD/NG /h1PL/E0 WARRANT/ES OF FITNESS FOR A
PARTICULAR PURPOSE, VERCHANrXB/L/TY, NON-/NFR/Na,&VENT, T/TLE OR
OTHERWISE. COAXSYS DOES NOT WARRANT(V THAT THE DEL/VERABLES WILL RUN
PROP, Y ON ALL HAR,0WAR, OR SYSr,FAU OR OPERATE/N ALL COh1B/NAT/ONS
!RICH AZA YBESEL ECTEO FOR USEBYA USER, OR 111V THAT THEOPERA T/ON OF THE
DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE. ALL HAROMARE AND
CO4,fSYS PRO V/DED TH/RD PARTY TECHNOLOGYDEL/VERED TO CL/ENTBYCOAXSYS
UNDER r111S AGREEMENT/S !�Y/THOUT WARRANTY OF ANY K/ND FROAf COAXSYS.
TH/S 0/SCLA/h1ER/NCLODES ANY/h1PL/ED WARRANRES OFh1ERCHANTAB/L/TYAND
FITNESS FOR A PARTICULAR PURPOSE AND ANY !WARRANTIES OF NON-
/NFR/NGEAZENTOR OTHERWISE.
10. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights under
this Agreement without the prior written consent of the City. If the City grants such consent, the
assignee or subcontractor shall execute a written agreement with the City under which the
assignee or subcontractor agrees to be bound by the duties and obligations of Consultant
under this Agreement.
11. INSURANCE. _
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Consultant shall provide the City with certificate(s) of insurance documenting policies of
the following minimum coverage limits that are to be in effect prior to commencement of any
work pursuant to this Agreement:
11.1 Coverage and Limits
Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Property damage
$500,000 Bodily injury per person per occurrence
Coverage shall be on any vehicle used by the Consultant, its employees,
agents, representatives in the course of the providing services under this
Agreement. "Any vehicle" shall be any vehicle owned, hired and non-
owned
Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas workers' Compensation Act (Art.
8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee
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11.2 Certificates.
Certificates of Insurance evidencing that the Consultant has obtained all
required insurance shall be delivered to the City prior to Consultant proceeding
with any work pursuant to this Agreement. All policies shall be endorsed to
name the City as an additional insured thereon, as its interests may appear. The
term City shall include its employees, officers, officials, agent, and volunteers in
respect to the contracted services. Any failure on the part of the City to request
required insurance documentation shall not constitute a waiver of the insurance
requirement. A minimum of thirty (30 ) days notice of cancellation or reduction in
limits of coverage shall be provided to the City. Ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk
Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102,
with copies to the City Attorney at the same address.
12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Consultant agrees to comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws,
ordinances, rules or regulations, Consultant shall immediately desist from and correct the
violation.
13. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the performance of
Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. If any
claim arises from an alleged violation of this non-discrimination covenant by Consultant, its
personal representatives, assigns, subcontractors or successors in interest, Consultant agrees
to assume such liability and to indemnify and defend the City and hold the City harmless from
such claim.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation
of the transmission, or (3) received by the other party by United States Mail, registered, return
receipt requested, addressed as follows:
To THE CITY: To Ektron:
City of Fort Worth/IT Solutions Ektron, Inc.
1000 Throckmorton 5 Northern Boulevard, Suite 6
Fort Worth TX 76102-6311 Amherst, NH 03031
Facsimile: (817) 392-8654 603-816-1989
To COMSYS: I IT
COMSYS Services LLC
4400 Post Oak Parkway, Suite 1800
Houston, TX 77027
Attention: General Counsel
Facsimile: (713) 386-1504
With a copy to:
COMSYS Services LLC
9737 Washingtonian Blvd., Suite 500
Gaithersburg, MD 20878
Attention: Contract Services Department
Facsimile: (240) 778-2777
15. SOLICITATION OF EMPLOYEES.
Neither the City nor Consultant shall, during the term of this agreement and additionally
a period of one year after its termination, solicit for employment or employ, whether as
employee or independent contractor, any person who is or has been employed by the other
during the term of this agreement, without the prior written consent of the person's employer.
16. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive
or surrender any of its governmental powers.
17. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver
of the City's or Consultant's respective right to insist upon appropriate performance or to assert
any such right on any future occasion.
18. CONSTRUCTION.
This Agreement shall be construed in accordance with the internal laws of the State of
Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or
the United States District Court for the Northern District of Texas, Fort Worth Division.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected
or impaired.
20. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective duties
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and obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control
(force majeure), including, but not limited to, compliance with any government law, ordinance
or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters,
wars, riots, material or labor restrictions by any governmental authority, transportation
problems and/or any other similar causes.
21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or exhibits hereto.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and
agreement between the City and Consultant, their assigns and successors in interest, as to
the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with any provision of this Agreement.
IN _ ITNESS , ERI= F the parties hereto have executed this Agreement in multiples this
'day of , 200 ?
CITY OF FORT WORTH: EKTRON, INC.
By: k-4'
By: (name)
Ric and Zavala (title)
Act g Assistant City Manager
ATTEST:
ATTEST:
By:
By:f)r� �— .
City Secreta
COMSYS Services LLC
APPROVED AS TO FORM AND By: !'
LEGALITY: (name) .I/� v�u4rfd"
ZATTET:By. Assistant ity Attorn
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Contract AUthorizatiou
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EXHIBIT A
SCOPE OF WORK
Ektron will supply the software and Comsys will be responsible for the implementation services.
Phase 1: Define:
In the initial phase, Comsys will focus on defining details of this project. First, Comsys will
conduct a Kickoff Meeting. The purpose of the Kickoff Meeting is to introduce team members
from both Comsys and the City of Fort Worth ("City'), review the scope of work to be performed
and assign individuals responsibilities for the duration of the project. Next, Comsys will develop
a full-scale project plan that will detail work assignments for both the Comsys and City teams,
milestones for delivery, timelines for the development of the project and work dependency
relationships.
Deliverables:
• Kickoff Meeting
• Full-scale Project Plan
Phase 2: Design:
Comsys will focus on designing the solution for the City website. Comsys will review the
provided Web Templates and identify any areas that may need to be revised to accommodate
the Content Management Software (CMS). Comsys will create 10 HTML templates from your
design that will be used in the implementation.
Deliverables:
• 10 HTML Templates
Phase 3: Develop:
Comsys team will begin to develop the deliverables required for the new web site. This process
will begin by converting the current site into CMS templates. Once the CMS templates have
been created, Comsys will conduct a test of the templates to ensure that Section 508
considerations as well as earlier design requirements have been incorporated. The results of
this testing will be documented and presented to the City. In a concurrent process, Comsys will
install and configure the content management system on the City's web server in accordance
with the deployment guide. This process will ensure that the content management system will
be ready to accept the CMS templates being completed by other team members. It is important
to note that the City's will need to define the users, users groups and privilege settings for
personnel that will be contributing content to the web site at this point in the project. Once the
CMS templates have been completed, they will be presented to the City for approval. Upon
acceptance by the City, the templates will be fully deployed into the Ektron CMS400.Net tool.
This will allow the authors who contribute content to the City's website to work without being
concerned about the "look and feel" of the individual pages.
Deliverables:
• CMS Templates
• Installation and Configuration of Content Management System
• Integration of HTML Templates into Content Management System
Phase 4: Deploy
The Comsys team will develop documentation for the training o r of the Internet web
site. Comsys will develop a content contributor training document that will be aimed at non-
technical users. The purpose of this content contributor training document will be to educate
the City's employees on how to add content to their pages and will be driven with a hands-on
approach to completing their tasks.
This document will include information on adding, deleting and modifying content on their web
pages, submitting content for approval and using the content management system from an
author's perspective. It is important to note that both the system administrator and content
contributor training documents may be modified versions of documentation provided by Ektron.
It will be responsibility of the City to actually conduct training, but Comsys will provide a '/z day
"train the trainer' session to appropriate members of the City to assist in this education effort. It
is recommended that immediately upon completion of the training deliverables, the City engage
its authors in developing the content for the web site, using the content management system.
Comsys will also provide a '/2 day system administrator training session. This session will focus
on advanced Ektron system management topics.
Next, Comsys will release a version of the web site to review. This version of the site will allow
both teams (City and Comsys) to review, test and validate that the website is correctly
functioning, content appears as it designed to, links are properly functioning and the site is
ready to move to a final, production environment. As a result of this testing, minor changes
may be applied to the pages to resolve any issues that result from the testing process.
After completion of all internal and external testing, and at the approval of the City, Comsys will
deploy the new version of the public site to the production servers for public consumption
Comsys will test the production version to ensure that it accurately reflects the completed
testing environment.
Deliverables:
Ektron System Administrator Training Document
Content Contributor Training Document
"Train the Trainer" Session
System Administrator Training Session
External Testing of Web Site
Deployment Production Servers
Phase 5: Debrief
Upon successful launch, the final Comsys focus will be targeted toward knowledge transfer
efforts. The Comsys team will provide the City with associated project elements on CD-Rom.
Finally, the Comsys team will conduct a Debrief meeting with appropriate members of the City
organization to review the final status of the project and to define opportunities for future
expansion.
Deliverables:
• Project CD-Rom
• Debrief Meeting
Estimated Time Frame for Completion
The duration of this engagement will be dependent upon the availability of City of Fort Worth
personnel to provide content and feedback and available hardware. Comsys will provide the
City of Fort Worth with regular status reports detailing project progress, time spent, and open
issues.
Delivery Phase Estimated Hours
Phase 1: Define 28
Phase 2: Design 60
Phase 3: Develop 98
Phase 4: Deploy 80
Phase 5: Debrief 4
Total Hours 270
Implementation Assumptions
The following assumptions are included as a part of this proposal:
• The City Fort Worth will need to define the users, user groups and privilege settings for
personnel that will be contributing content to the web site.
• It is important to note that both the system administrator and content contributor training
documents may be modified versions of documentation provided by the content
management system vendor, but tuned to the individual needs of the City of Fort Worth.
Comsys will provide electronic copies of all training, including providing appropriate
training facilities, PCs and printing costs of producing the Author's Guide.
• All artwork must be provided electronically by the City of Fort Worth.
• Comsys will not be responsible for creating or migrating content.
• Comsys will provide a CD containing project elements and related graphics.
• The City of Fort Worth will be solely responsible for providing the hosting environment.
Acceptance Criteria and Acceptance Period. Each Deliverable will be subject to acceptance
testing by the City to verify that the Deliverable satisfies the criteria for acceptance mutually
agreed to by the City and COMSYS, with such criteria to include descriptions of functionality, as
well as quantitative and qualitative criteria (the "Acceptance Criteria"). The Acceptance Criteria
for each Deliverable will be jointly developed and mutually agreed to in writing by the City and
COMSYS before work commences under this Agreement as soon as possible, but in no event
later than thirty (30) days after such work begins. The City will have thirty (30) days from the
date the applicable Deliverable is first offered by COMSYS for acceptance ("Acceptance
Period"), to determine whether the applicable Deliverable materially conforms to the
Acceptance Criteria and to accept the Deliverable ("Acceptance"). If the City (i) begins use of
the Deliverable prior to Acceptance (other than for testing), or (ii) delays Acceptance beyond
the Acceptance Period, then the Deliverable will be deemed automatically accepted by Client as
of the date of such use or upon expiration of the Acceptance Period.
Non-Conformance. If any such Deliverable does not materially conform to the Acceptance
Criteria, then the City will give COMSYS written notice thereof within the Acceptance Period.
The City will specifically identify in what respects the Deliverable has failed to materially
conform to the Acceptance Criteria. COMSYS will have thirty (30 da s from the date of receipt
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of the City's written notice to correct any material deficiencies in such Deliverable. Following
COMSYS' corrective action, the City will then have an additional thirty (30) days from the date
the corrected Deliverable is resubmitted for Acceptance to determine whether the applicable
Deliverable materially conforms to the Acceptance Criteria.
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EXHIBIT B
PRICING
The pricing below consists of the Ektron product software and the Comsys CMS
implementation services. The software licensing includes unlimited URL and users per server.
Description Price Discount Cost
Content Management System Licensing $52,999 $7,949 $45,050
(Ektron CMS 400.Net/DMS400.Net)
Unlimited URL and Users per server
Year 1 Maintenance $10,600 $1,590 $9,010
Implementation Services $21,760 $1,088 $20,672
Totals $85,3591 $10,627 $74,732
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/20/2005
DATE: Tuesday, September 20, 2005
LOG NAME: 13P05-0126 REFERENCE NO.: **P-10230
SUBJECT:
Authorize a Purchase Agreement for Content Management Software, Maintenance Support and
Implementation Services with Ektron, Inc., for the Information Technology Solutions Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a purchase agreement for Content Management Software (CMS), maintenance support and
implementation services with Ektron, Inc., for the Information Technology Solutions Department (IT
Solutions) for an estimated cost of$74,732.00; and
2. Authorize a one-year maintenance agreement to begin when the warranty period ends for the Content
Management Systems Software, with options to renew for two additional one-year periods.
DISCUSSION:
The Fiscal Year 2004-05 Budget allocates $500,000 for the design and development of an E-Government
web based system. The purpose of this procurement is to support the City-wide E-Government project
which is intended to facilitate direct access to city information and services for citizens while removing
barriers. CMS is the application software that will allow the City to create an E-Government presence and
more easily change and update content, especially web sites.
The E-Government project is a multi-year effort, which will result in a standardized look and feel for the City
of Fort Worth on the World Wide Web. Common and uniform Web-page templates will be created and
populated with new content, or current content can be migrated into the new template. Additionally, as
each page is created, it will tested for compliance with standards set by the American Disabilities Act
(ADA).
In April 2005, a Request for Proposals (RFP) was issued seeking proposals from vendors to supply an
enterprise-wide replacement solution for the existing Microsoft Front Page Software. This included Web
page development, publication and maintenance in support of both Internet and Intranet functionality. An
additional requirement in the RFP was for a comprehensive warranty for application system solution
software for a period of one year following the date of final delivery and acceptance. The City also required
information regarding technical system and user documentation, technical and user training and other
services deemed necessary to fulfill a complete installation.
A City Selection Committee comprised of members from various City departments was established to
provide oversight of the RFP process, evaluate the proposals and select the best qualified vendor. The
criteria used in this RFP process included: (1) Vendor's proposed solution meeting City needs for both
functional and technical requirements, (2) Pricing, (3) Vendor's ability to meet warranty conditions and (4)
Vendor's proposed training for both technical staff and users of the software. The responses were
evaluated and the top four vendors were asked to demonstrate their product to the Selection
Committee. After the product demonstration results and additional negotiations, Ektron was selected as
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006
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the recommended vendor.
Pricing for the components of Ektron's proposal are as follows:
Description Price
Ektron CMS License $45,050.00
1 st Year Maintenance Cost $9,010.00
Estimated Cost for Implementation Services $20,672.00
Total $74,732.00
The system license and maintenance will be obtained this fiscal year and it is expected that the software
implementation will take about four weeks to complete. The estimated cost for implementation services is
based on the scope of the project as it is currently defined.
BID ADVERTISEMENT - The RFP was advertised in the Commercial Recorder on April 27 and May 4,
2005. Ten vendors responded to the RFP.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods or services is from sources
where subcontracting or supplier opportunities are negligible.
RENEWAL OPTIONS — The maintenance agreement may be renewed for up to two additional one-year
terms at the City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Information Systems Fund.
BQN\05-0126\LGS
TO Fund/Account/Centers FROM Fund/Account/Centers
P168 539120 0041000 $74,132.00
Submitted for City Manager's Office bT. Richard Zavala (Acting) (6222)
Originating Department Head: Jim Keyes (8517)
Pete Anderson (8781)
Robert Combs (8357)
Additional Information Contact: Pete Anderson (8781)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006