HomeMy WebLinkAboutContract 39475-A2·,
CITY SECRETARY
CONTRACT NO . 39<.t-]5 -A._::J...
AMENDMENT NO. 2 TO
CITY SECRETARY CONTRACT NO. 39475
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF FORT WORTH
AND
MATRIX RESOURCES INC.
This Amendment No . 2 ("Amendment ") to City Secretary Contract No. 39475
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 Karen
L. Montgomery , its duly authorized Assistant City Manager, and Matrix Resources Inc.,
("Consultant"), a Georgia Corporation and acting by and through Jon M. Davis its duly
authorized Vice President of Sales collectively referred to as the "parties ."
RECITALS
The following provisions are true and correct and form the basis of this Amendment:
WHEREAS , on or about November 12 , 2009, the parties entered into a Professional
Services Agreement ("Agreement") for professional consulting services for staff
augmentation under the terms and conditions set forth in the Agreement. The
Agreement is a public document on file in the City 's Secretary Office and referenced as
City Secretary Contract No . 39475 , and
WHEREAS, on or about September 13, 2010 , the parties subsequently amended the
Agreement via City Secretary Contract No. 39475-A 1, to increase the compensation and clarify
other matters under the Agreement ; City Secretary Contract No . 39475 and City Secretary
Contract No . 39475-A 1 are hereby collectively referred to as the ("Agreement"); and
WHEREAS, the Agreement provided an Initial term of one year with options to renew
for three successive one year terms . The City wishes to exercise its first option to
renew the Agreement , subject to the terms and conditions of this Amendment.
WHEREAS, the parties wish to amend the Agreement to increase the annual
compensation for the deliverables and modify other terms and conditions as set forth in
this Amendment.
NOW, THEREFORE , for good and valuable consideration , the receipt and adequacy of
which are hereby acknowledged , the City and Consultant agree as follows:
OFFICIAL RECORD
CITY SEC RETARY
FT. WORTH, TX
,,
1.
Section 2 of the agreement shall be modified to extend the term of the
Agreement with the renewal term commencing on November 13 , 2010 and expiring on
November 12 , 2011 .
2 .
Section 3 COMPENSATION is hereby amended to read as follows:
The City shall pay Consultant per terms of individual executed work orders in
accordance with Exhibit "B," "Professional Hourly Rates and Permanent Placement
Cost ," which is attached hereto and incorporated for all purposes incident to this
Agreement. Each individual work order shall be listed as Appendix B-1 , Appendix B-2 ,
Appendix B-3 and so forth , and each work order shall be attached and incorporated into
the Agreement. Each work order shall set forth the name of the personnel to provide
the services , the specific project to which the personnel will be assigned ; the specific
services to be provided by the personnel ; the start and end date of the work to be
performed ; the hourly rate or salary of the personnel ; and any other regulations as
agreed to by the parties that may apply to the specific personnel.
The total aggregate amount of compensation to be paid under this Agreement ,
inclusive of all work orders , shall not exceed $630,032.00 on an annual basis .
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 .
3 .
Section 9. ASSIGNMENT AND SUBCONTRACTING is hereby amended to read as
follows :
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
consent to an assignment , the assignee shall execute a written agreement with the City
and the Consultant under which the assignee agrees to be bound by the duties and
obligations of Consultant under this Agreement. The Consultant and Assignee shall be
jointly liable for all obligations of the Consultant under this Agreement prior to the
effective date of the assignment. If the City grants consent to a subcontract , the
subcontractor shall execute a written agreement with the Consultant referencing this
Agreement under which the subcontractor shall agree to be bound by the duties and
obligations of the Consultant under this Agreement as such duties and obligations may
CFW /Matrix
Amendment No. 2 to CSC No . 39475
Page 2 of 4
apply. The Consultant shall provide the City with a fully executed copy of any such
subcontract.
In accordance with City of Fort Worth Ordinance No . 15530, the City has goals for
the participation of Minority Business Enterprises and Women Business Enterprises
(M/WBE) in City contracts . Consultant acknowledges the M/WBE goal established for this
contract at 10 % of goal and its commitment to meet that goal. Any misrepresentation of
facts (other than a negligent misrepresentation) and/or the commission of fraud by
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 .
Consultant will submit information concerning the M/WBE (s) that will participate in the
contract to meet the set goal. The information shall include : (1) the name , address and
telephone number of each M/WBE ; (2) the description of the work to be performed by
each M/WBE ; and (3) the approximate dollar amount/ percentage of the participation . If
Consultant fails to meet the stated goal , then Consultant must submit detailed
documentation of good and honest efforts as to why the goal was not achieved .
4
All other provisions of the Agreement that are not expressly amended herein
shall remain in full force and effect.
CFW /Ma trix
Ame ndment No . 2 to CSC No . 39475
Pag e 3 of 4
> •
Executed on this the f 4-+1.. day of ~ ,200&.
CITY OF FORT WORTH:
By ~~
Assistant City Manager
Date :~/ ~~/~9~~-(0 __ _
Contract Authorization:
M&C : C-~ 1..1.Df"J
Date Approved : l} \ 11' lt D
CFW /Matrix
Amendment No . 2 to CSC No. 39475
Page 4 of 4
MATRIX RESOURCES, INC .:
2ixA~
Jon M . Davis
By :
Vice President of Sales
Date : _\ \_\ ~\ ~-+--'l (~V __ _
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Off1c1al site o t tl1e City of Fo rt Wo1tt1, r cxa
City Council Agenda . FORT WORTH
~
COUNCIL ACTION: Approved on 11/16/2010
DATE:
CODE:
11/16/2010 REFERENCE NO.: C-24607 LOG NAME:
C TYPE: NON-CONSENT PUBLIC
HEARING:
04PROFESSIONAL SERVICES
AGREEMENT
NO
SUBJECT: Authorize an Increase of Funds by $743 ,028.00 for the Exist ing Professional Services Agreements for Technology
Staffing and Placement Services with Digital Intelligence Systems Corporation , Matrix Resources , Inc ., and Sentari
Techno logies , Inc ., for the Information Technology Solutions Department
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to increase the dollar cap for the existing Professional Services
Agreements for Technology Staffing and Placement Services with Digital Intelligence Systems Corporation , Matrix Resources , Inc.,
and Sentarl Technologies , Inc ., by $743 ,028 .00 for the Information Technology Solutions Department.
DISCUSSION:
On October 27, 2009 , (M&C C-23876) the City Council authorized the execution of Professional Services Agreements for
Technology Staffing and Placement Services with Digital Intelligence Systems Corporation, Matrix Resources, Inc ., and Sentari
Technologies, Inc., for an amount of $968,725 .00 . On August 24, 2010 , City Council approved an increase to the cap of each
contract in the amount of $882,467 .00 (M&C G-17029). To maintain current levels of service for three months through January
2011 , staff is now requesting an additional increase of $743 ,028.00 in expend itures with the three named vendors . Upon City
Council approval of th is action , each agreement will be renewed for the upcoming year as previously approved by (M&C C-23876).
The purpose of these service agreements is to allow the City to have agreements in place for staff augmentation to assist in the
development and implementat ion of technology projects and services in the City such as ERP, IT Outsourcing , email archival ,
laptop encryption , disaster recovery , radio towers , radio re-banding , FMS finance policy and Buyspeed Online projects . Hiring
contract labor has provided staff augmentation to address significant attrition with costs partially offset by salary and benefit
savings . Digital Intellige nce Systems Corporation , Matrix Resources , Inc ., and Senta ri Technologies , Inc ., a certified M/WBE firm ,
have all previously and con ti nue to comm it to comply with their 10 percent M/WBE partic ipation on all expenditures through the end
of the contract period .
Th e Informat ion Technology (IT) Sourc ing Init iative will have no impact on thi s project.
ADMINISTRATIVE AMENDMENT -An adm inistrati ve amendment or increase ma y be made for ea ch agree ment by the City
Manager for an amou nt up to $50 ,000 .00 and does not requ ire spec ific City Cou ncil approval as long as suffi ci ent funds have been
approp ri ated .
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director cert ifies that funds are available in th e curren t operating budgets , as appropriated , of
the General Fund and Informat ion Systems Fund .
http ://apps.cfwnet.org/cou nci l_packet/mc_review .asp ?ID =l435o&cound ldate =11/16/2010 (1 of 2) [11/17/2010 12 :46 :33 PM]
M&CR~ew
TO Fund/Account/Centers
Submitted for City Manager9s Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Pl68 539120 0041100 $72,813 .00
Pl68 537100 0043010 $97,240 .00
Pl68 539120 0043020
Pl68 511010 0044000
Pl68 539120 0045000
Pl68 539120 0045010
Pl68 539120 0045020
Pl68 511010 0045050
Pl68 537100 0048000
Pl68 511010 0048001
GG01 511010 0135010
Karen Montgomery (6222)
Peter Anderson (8781)
Mai Tran (8858)
$38,896 .00
$20,119 .00
$163,976 .00
$9,673.00
$119,396.00
$43,590 .00
$9,672 .00
$128,758.00
$38 ,895 .00
httl>://apps.cfwnet.org/coundl__packet/mc_review .asp?ID =l4350&coundldate=ll/16/201 0 (2 of 2) (11/17/2010 12 :46:33 PM]