HomeMy WebLinkAboutContract 37643CITY SECRETARY31L
NTRACT NO . �
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
THIS AGREEMENT, entered into the day of September, 2008 by and
between the City of Fort Worth, a home -rule municipal corporation of Tarrant, Denton,
Parker, and Wise Counties, Texas, acting herein by and through Joe Paniagua, its duly
authorized Assistant City Manager, hereinafter called the "City", and Buford Goff &
Associates, Inc. an independent contractor "Consultant". City and Consultant may be
referred to herein individually as a "Party", hereinafter called collectively "the Parties."
RECITALS
WHEREAS, City has a need to assess the serviceability and reliability of the
Public Safety Radio System, including vendor support and end of life of components;
WHEREAS, City desires to hire a professional firm knowledgeable and
experienced in providing the system assessment,
WHEREAS, Consultant has represented that it is knowledgeable and
experienced in providing these services; and
WHEREAS, City and Consultant mutually desire to enter into a contract to have
Consultant perform an assessment of the Public Safety Radio System.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
ARTICLE 1
SERVICES
Section 1.
Consultant hereby agrees to perform as an independent contractor the services set forth
in the document titled "Scope of Services" attached hereto as Attachment "A", and
incorporated herein after for all purposes. These services shall be performed in
connection with the Public Safety Radio System Assessment.
Section 2.
Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that Consultant
shall not be compensated for any alleged additional work resulting from am orders of
any person.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ARTICLE 2
COMPENSATION
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment `B", which is incorporated herein for all purposes. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment necessary
to complete the services described in Attachment "A". However the total fee paid by the
City shall not exceed a total of $293,200, unless the City and the Consultant mutually
agree, in writing, upon a fee amount for additional services and amend this Agreement
accordingly.
Acceptance by Consultant of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
ARTICLE 3
TERM
Unless terminated pursuant to other terms set forth herein, this Agreement shall be for a
term of one hundred and eighty (180) days, beginning upon the date of its execution, or
until the completion of the subject matter contemplated herein, whichever occurs first.
ARTICLE 4
INDEPENDENT CONTRACTOR
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and
the exclusive right to control the details of its work to be performed hereunder and all
persons performing same, and shall be solely responsible for the acts and omissions of
its officers, agents, employees, contractors and subcontractors. The doctrine of
respondent superior shall not apply as between City and Consultant, its officers, agents,
employees, contractors, and subcontractors, and nothing herein shall be construed as
creating a partnership or joint venture between City and Consultant.
ARTICLE 5
PROFESSIONAL COMPETENCE AND INDEMNIFICATION
Section 1.
Work performed by Consultant shall comply in all aspects with all applicable local, state
and federal laws and with all applicable rules and regulations promulgated by the local,
state and national boards, bureaus and agencies.
Approval by the City shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees, contractors
and subcontractors for the accuracy and competency of its services performed
hereunder.
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Section I
In this connection, Consultant shall indemnify, hold harmless and defend the City and its
officers, agents, servants and employees from and against any and all claims or suits for
property damage or loss and/or personal injury, including death, to any and all persons
of whatsoever kind or character, including but not limited to employees of Consultant,
Consultant's subcontractors, employees of Consultant's subcontractors, and all other
persons performing work incident to this Agreement which may rise out of or be
connected with directly or indirectly with performance of this Agreement. Consultant
shall likewise indemnify, and hold harmless, City for any and all injury or damage to
City property arising out of, or in connection with, any and all acts or omissions of
Consultant, its officers, agents, employees or subcontractors.
ARTICLE 6
INSURANCE
Section 1.
Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor shall
Consultant allow any subcontractor to commence work on its subcontract until all
similar insurance of the subcontractor has been so obtained and approval given by the
City; provided, however, Consultant may elect to add any subconsultant as an additional
insured under its liability policies.
6.1.1 Coverage and Limits
Statutory worker's compensation insurance and employer's liability insurance at
the following limits.
$100,000.00 each accident
$500,000.00 disease — policy limit
$100,000.00 disease — each employee
Commercial General Liability insurance shall be provided as follows:
$500,000.00 each occurrence
$1,000,000.00 annual aggregate
6.1.1.3 Auto liability insurance shall be provided as follows:
$1,000,000.00 combined single limit each accident.
Section 2.
Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's
worker's compensation insurance policy, the City, its officers, employees
and servants shall be endorsed as an additional insured on Consultant's
insurance policies.
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b. Certificates of insurance shall be delivered to the Purchasing Department
of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX
76102, prior to commencement of services.
c. Any failure on part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirements
specified herein. Each insurance policy shall be endorsed to provide the
City a minimum thirty days notice of cancellation, non -renewal, and/or
material change in policy terms or coverage. A ten days notice shall be
acceptable in the event of non-payment of premium.
d. Insurers must be authorized to do business in the State of Texas and have
a current A.M. Best rating of A: VH or equivalent measure of financial
strength and solvency.
e. Other than workers compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. The City must
approve in writing any alternative coverage.
f. Workers compensation insurance policy(s) covering employees employed
on the Project shall be endorsed with a waiver of subrogation providing
rights of recovery in favor of the City.
g. City shall not be responsible for the direct payment of insurance premium
costs for Consultant's insurance.
h. Consultant's insurance policies shall each be endorsed to provide that
such insurance is primary protection and any self -funded or commercial
coverage maintained by City shall not be called upon to contribute to loss
recovery.
i. In the course of the Agreement, Consultant shall report, in a timely
manner, to City's officially designated contract administrator any known
loss occurrence which could give rise to a liability claim or lawsuit or
which could result in a property loss.
j. Consultant's liability shall not be limited to the specified amounts of
insurance required herein.
k. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
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ARTICLE 7
TERMINATION OF CONTRACT
Section 1.
Either party may cancel this Agreement at any time and for any reason by providing the
other party with ten days written notice of termination. Upon Consultant's receipt of
such notice by City, Consultant shall immediately discontinue all Services.
Section 2.
In the event this Agreement is terminated prior to expiration of the Term, City shall pay
Consultant only for Services actually rendered as of the effective date of termination, in
accordance with a final statement submitted by Consultant documenting the
performance of such Services. Upon termination of this Agreement for any reason,
Consultant shall provide City with copies of all completed or partially completed
documents prepared under this Agreement.
ARTICLE 8
RIGHT TO AUDIT
(a) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, or the final conclusion of any audit commenced
during said three years, have access to and the right to examine any directly pertinent
books, documents, papers and records of Consultant involving transactions relating
to this Agreement. Consultant agrees that the City shall have access during normal
working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions
of this section. City shall give Consultant reasonable advance notice of intended
audits.
(b) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, or the final
conclusion of any audit commenced during said three years, have access to and the
right to examine any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further,
that City shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this article. City shall give
Consultant and any subconsultant reasonable advance notice of intended audit.
(c) Consultant and subconsultants agree to photocopy such documents as maybe requested
by the City. The City agrees to reimburse Consultant for the cost of copies at the rate
published in the Texas Administrative Code in effect as of the time copying is
performed.
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ARTICLE 9
MINORITY AND WOMAN BISUNESS ENTERPRISE
(M/WBE) PARTICIPATION
In accordance with City Ordinance No. 15530, Lite City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. Consultant acknowledges the M/WBE goal established for this Agreement
and its commitment to meet that goal. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Consultant may
result in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
ARTICLE 10
OBSERVE AND COMPLY
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation,
whether it be by itself or its employees.
ARTICLE 11
VENUE AND JURISDICTION
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision 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. This Agreement shall be construed in accordance with the
laws of the State of Texas.
ARTICLE 12
CONTRACT CON5TRUCTION
The Parties acknowledge that each party and, if it so chooses, 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 must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
ARTICLE 13
SEVERABILITY
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to
be invalid or unconstitutional for any reason,
the remainder of this Agreement and the application of such word, phrase, clause,
sentence, paragraph, section, or other part of this Agreement to other persons or
circumstances shall not be affected thereby and this Agreement shall be construed as if
such invalid or unconstitutional portion had never been contained therein.
ARTICLE 14
NOTICES
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
Joe Paniagua, Assistant City Manager
City of Fort Worth
1000 Throckmorton St.
Fort Worth, Texas 76102
(817) 392-6111
M. Jack Duncan
Buford Goff &Associates, Inc
1331 Elmwood Ave
Columbia, South Carolina 29201
(803) 254-6302
ARTICLE 15
HEADINGS
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
ARTICLE 16
COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart
shall, for all purposes, be deemed an original, but all such counterparts shall together
constitute but one and the same instrument.
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IN WITNESS THEREOF, the parties hereto have made and executed this Agreement
in multiple originals the day and year first above written, in Fort Worth, Tarrant County,
Texas.
CITY OF FORT WORTH:
Joe l�(nia
Assistant y Mai
9/1,
Date
RECOMMENDED:
Assistant Director
Police
APPROVED AS TO FORM AND
LEGALITY:
Mar Hendrix
City Secretary
Date
CONSULTANT:
'% Jr
Da e
OFFICIAL REC®RC
CITY SECRETARY
FT. FORTH, TX
ATTACHMENT "A"
Public Safety Radio System Assessment
Scope:
The City of Fort Worth is seeking an independent assessment of the serviceability and
reliability of its Public Safety Radio System, and to determine the estimated end of life
of the various components.
To that end, Buford Goff &Associates, Inc. agree to perform the following services:
1. Collect and review available technical and operational data for the user agencies
of the radio system. Necessary data will include:
System and Site Infrastructure
System Control Equipment
System/Site Coverage
- Capacity
- Dispatch and Subscriber Operations
Interoperability Requirements
Network Configuration and Connectivity
2. Facilitate meetings with key management and technical personnel to define
system requirements to meet the City's needs for a ten (10) year time frame.
3. Review available information on system architecture, strategic initiatives, and
trends adopted by adjoining governmental entities considered relevant by the
City.
4. Perform a technical and operational assessment of the existing system to
determine the viability of meeting the defined requirements — short and long
term. This assessment will include direct evaluation of the system elements as
well as analysis of planned vendor product support and road map for
technology/product development.
5. Review regulatory conditions and constraints in consideration of system
requirements and architecture.
6. Formulate and develop strategic initiatives related to options for upgrading or replacing
the existing system, develop a high level work plan and schedule for achieving the
initiatives, and identify budgetary funding requirements for implementation of the plan.
7. Prepare and submit a report with a summary of the work performed, findings and
conclusions, the strategic initiatives and schedule, and a funding plan.
8. Attend appropriate city council meetings to report progress on work efforts and
make presentations to designated City officials on the results of the completed
work.
Deliverables
1. Within seventy-five (75) days of this contract being awarded, a preliminary
report regarding the "existing system assessment" shall be delivered to the City
of Fort Worth,
2. Within one hundred and twenty (120) days of this contract being awarded, all
final reports shall be delivered. These reports include the final system
assessment, recommended strategic initiatives and suggestions for funding
options.
to
ATTACHMENT "B"
FEESCHEDULE
sit is anticipated the work for this project will be accomplished in three months,
Buford Goff & Associates, Inc. intended to bill the City in three equal amounts with the
final (third) payment due upon completion.
However, as the deliverables allow for one hundred and twenty days for the final report
and presentation, the third payment will be delayed until all work has been completed.
Invoice Summary:
lst Month (anticipate October 2008) - $979733
2nd Month (anticipate November 2008) - $97,733
Final Month (anticipate December 2008) - $97,734
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City of Fors Worth, Texas
• • • • •
DATE: Tuesday, September 16, 2008
LOG NAME: 35RADIOFY2009 REFERENCE NO.: C-23055
SUBJECT:
Authorize Execution of a Professional Services Agreement with Buford Goff and Associates, Inc., in
an Amount Not to Exceed $293,200.00 to Perform an Assessment of the Public Safety Radio
System
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a professional services
agreement with Buford Goff and Associates, Inc., in an amount not to exceed $293,200.00 to perform an
assessment of the public safety radio system.
DISCUSSION:
Many of the major components of the public safety radio system were purchased in 1991 and have since
reached or are about to reach their end of vendor (Motorola) support.
To assess the reliability of the radio system, determine end of life of individual components and the entire
system, and devise a strategic replacement plan, staff sought an independent consulting firm with
experience conducting this type of assessment. Buford Goff and Associates, Inc. (BGI), has provided these
services for other governmental entities and is highly recommended by those entities. Motorola has worked
with this firm and also recommended its expertise for this type of assessment.
MWBE — BGI is complying with the City's MWBE Ordinance by committing to 15 percent MWBE
participation. The City's goal on this project is 15 percent.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that that funds are available in the current operating budget of the General
Fund. No funds were budgeted for this purpose; however the department has savings to offset these
expenditures.
TO Fund/Account/Centers FROM Fund/AccountlCenters
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
GG01 531200 0354200 $293,200.00
Joe Paniagua (6575)
Pat Kneblick (4210)
Michael Baldwin (4250)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/24/2008
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http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/24/2008