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HomeMy WebLinkAboutContract 48192 CITY SECRETARY CONTRACT NO . w To PROFESSIONAL IONA SERVICES AGRF. , .NT �� This PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH (the "City"), a Texas home rule municipal corporation, acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and S L-S e r c o, I n c. ("Contractor" and"ALC"), a Minnesota Corporation, and acting by and through Laurie Allen, its duly authorized Chief Financial Officer,each individually referred to as a"party"and collectively referred to as the"parties." The City has approximately 250,000 water meters that are currently read manually with handheld devices throughout its 350 square-mile service area. Residential meters are read monthly by a contracted third-party service provider. Commercial and industrial customer meters are read in-house by City staff through a combination of meter reading systems. Meter registers are in cubic feet(CuFt.),and customers are billed in hundreds of CuFt. The City desires to automate meter reading activities through the development and implementation of an Advanced Metering Infrastructure (AMI) program. In association with the new AMI program, the City recognizes that additional process efficiencies, operational cost savings, revenue enhancement,database integrations and improved customer service activities shall occur. The Fort Worth Water Department (FWWD) conducted internal staff workshops to define existing utility issues and opportunities for a new meter reading technology to mitigate existing problems through the AMI solution.A Request for Qualifications (RFQ),was released on August 12, 2015 to identify a qualified System Integrator.The City's desire was to identify a fully integrated system and its components to complete the project. 1. SCOPE OF SERVICES. Contractor hereby agrees to provide the City with professional services in the successful completion of the City's five phased AMI program for the design,planning and full implementation of the AMI system. The Contractor shall provide technical assistance supporting the planning, design,purchase and full deployment of a City-Wide AMI system. This will include advanced metering technical features in the support to the FWWD leadership, as well as preparation and evaluating program components design and functionality. Task 1—Operations Oversight and Project Management Contractor shall support the City with the following: • Coordinate staff resources to complete project objectives as necessary; • Discuss with management prior to system integrator meetings; • Supply weekly status updates to management concerning program progress; • Schedule management of installation of water meters with registers and Meter Interface Unit (MIU)devices; • Assist with inventory support. 1-FPC0AL RECORD Professional Services Agreement - , ,�,� SL-Serco,Inc. ��'� 30 'Rr"f,'V1 Page 1 of 110 Task 2—Transition Assistance(Project to Operations) Contractor shall provide assistance moving from project planning and deployment mode to operations mode. Contractor shall assist with the following responsibilities: • Complete systems acceptance plan; • Coordinate resources for operations roles; • Onsite meeting with management for role definition; • Onsite preparation for system training; • Participate in system training; • Validate if operational instructions are clear and acceptable; • Conduct follow-up meetings with resources,for preparation of subsequent training; • Participate in follow-up training; • Document operations level checklist and best practices documentation; • Meter right sizing survey; • Marketing and customer presentation; • Review and make recommendations on the system operational and maintenance plan. Task 3—Acceptance Testing/Final Acceptance Contractor shall support the City with the following during Acceptance Testing: • Monitor system integrity daily and weekly; • Alert and document all issues; • Review of system acceptance documents; • Validation of punch list items and completion tracking; • Contract management; • Installation validation; • Achieving the system performance measures as requested; • Validation of the leak detection system. Task 4—Post Project Contractor shall provide the following Post Project solutions and long term assistance to the FWWD: Completion of a Data Utilization Plan Including the following: • Contractor shall meet-with key staff to determine data usefulness; • Contractor shall meet with key staff to define reporting requests; • Contractor shall build data management and utilization plan; • Contractor shall assist FWWD with reporting; • Contractor shall build data utilization processes for departments • Contractor shall be able to review meter to cash process review and optimization reports; • Contractor shall review of current data system processes; • Contractor shall be able to analyze data utilization; • Contractor shall be able to use process refinement and document; Professional Services Agreement SL-Serco,Inc. Page 2 of 11 • Contractor shall be able to use training and system utilization review; • Contractor shall update system documentation as necessary; • Contractor shall provide integration support. City's Responsibilities • Provide the Contractor with adequate work space throughout the engagement. • Advising Contractor of City Purchasing Procedures. • Assist in communication between Contractor and FWWD subject matter experts as needed. • Provide System Integrator Coordination Data • Determine magnitude and location of leak detection system 2. TERM. This term of this Agreement shall commence on September 26, 2016 (Effective Date) and shall expire on September 25, 2017, unless terminated earlier in accordance with the provisions of this Agreement. The City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to five (5) one-year options, unless terminated in accordance with the provisions of the Agreement. 3. COMPENSATION. The City shall pay Contractor an amount not to exceed $175,000.00 in accordance with the provisions of this Agreement. The Contractor will invoice the City not more than once a month itemizing work performed under this Agreement. Contractor 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 Contractor not specified by this Agreement unless the City first approves such expenses in writing. Contractor agrees that it can provide the services described in Agreement for the not to exceed amount. 4. TERMINATION. 4.1. Written Notice. The City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with fifteen (15)days written notice of termination. The City may also issue notice of termination for Contractor's failure to perform in accordance with Section 1. Contractor shall respond and correct any failure to perform five(5)business days of such notice of termination, otherwise the Agreement shall be terminated at the end of the 5`business day. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day 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 have been appropriated. Professional Services Agreement SL-Serco,Inc. Page 3 of 11 The award of this Agreement is contingent upon release of funds from the Texas Water Development Board, TWDB. Any sub-contract(s) awarded as a result of this Agreement that are expected to be funded in part by the loan from the TWDB is also contingent upon the release of funds from the TWDB. Neither the State of Texas, nor any of its departments, agencies, or employees are or will be part of any resulting contracts. 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 Contractor for services actually rendered up to the effective date of termination and Contractor 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. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. Contractor, 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. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Contractor 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 Contractor involving transactions relating to this Contract at no additional cost to the City. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor 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 Contractor reasonable advance notice of intended audits. Contractor 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. The Contractor further agrees to accept the authority of the State of Texas Auditor's office authority to conduct audits and investigations under the State Water Infrastructure Reserve Fund Texas, SWIRFT, in connection with state funds received pursuant to this Agreement. The Contractor shall comply with the directives from the City and the Texas State Auditor and shall cooperate in any such audit or investigation. The Contractor agrees to provide the State of Texas Auditor with access to any information the City or Texas state Auditor considers relevant to the audit or investigation. The Contractor agrees to include the same provision in any contract or subcontract used in connection with this agreement. Professional Services Agreement SL-Serco,Inc. Page 4 of 11 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Contractor 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, Contractor 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. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. 8. LIABILITY AND INDENMIFICATTON. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING 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 CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'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 CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Contractor 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 Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. The Contractor and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract,the subcontractor shall execute a written agreement with the Contractor referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Contractor under this Agreement as such duties and obligations may apply.The Contractor shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. Contractor 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: Professional Services Agreement SL-Serco,Inc. Page 5 of I I 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per occurrence $100,000 Property damage Coverage shall be on any vehicle used by the Contractor, 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 (c) 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 (d) Professional Liability(Errors&Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two(2)years following completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage. 10.2 Certificates. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. All policies except Workers' Compensation and Professional Liability shall be endorsed to name the City as an additional insured thereon, as its interests may appear. All policies shall contain a Waiver of Subrogation for Professional Services Agreement SL-Serco,Inc. Page 6 of 11 the benefit of the City of Fort Worth. 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 Contractor'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. 11. COMPLIANCE WITH LAWS. ORDINANCES.R AND REGULATIONS. Contractor agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist fi•om and correct the violation. 12. NON-DISCRIMINATION COVENANT. Contractor,for itself, its personal representatives,assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor'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 including Chapter 17, Article III of the Code of the City of Fort Worth. If any claim arises from an alleged violation of this non-discrimination covenant by Contractor, its personal representatives, assigns, subcontractors or successors in interest, Contractor agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. 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 parry by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To CONTRACTOR: City of Fort Worth SL-Serco, Inc. Attn: Jesus Chapa Attn: Laurie Allen 1000 Throckmorton Street 2817 Anthony Lane S Fort Worth, TX 76102-6311 Suite# 104 Facsimile: (817)392-8654 St. Anthony, MN 55418 Phone: 612-709-6107 or 912-618-4747 Fax: 612-782-9782 14. SOLICITATION OF EMPLOYEES. Neither the City nor Contractor shall, during the term of this agreement and additionally for 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. Professional Services Agreement SL-Serco,Inc. Page 7 of 11 15. 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. 16. NO WAIVER. The failure of the City or Contractor 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 Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE 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. 18. SF.VERABIL.ITY. 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. 19. FORCE MAJEURE. The City and Contractor shall exercise their best efforts to meet their respective duties 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. 20. 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. 21. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension,modification,or amendment is set forth in a written instrument,which is executed by an authorized representative and delivered on behalf of such party. 22. ENTIRETY OF AGRFTMENT. 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 Professional Services Agreement SL-Serco,Inc. Page 8 of 11 Contractor, 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. 24. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [SIGNATURE PAGE FOLLOWS] Professional Services Agreement SL-Serco,Inc. Page 9 of I 1 IN ITNESS WHEREOF, the parties hereto have executed this Agreement in multiples thij, y of 16. ACCEPTED AND AGREED: CITY OF FORT WORTH: SL-SERCO,INC. By: ��.•�6J C�� Jesus J. Chapa % By: Assistant City Manager rie Allen, CFO Date: A4 Date. l APPROVAL RECOMMENDED: WITNESS: By: -44a&,— Joyn Robert Carman By: Water Director Name: -C7A1`yL> 141,1 Title: Date: 9 . Z f APPROVED AS TO FORM AND LEGALITY: By:"- Christa opez-Reynolds Senior Assistant City Attorney Date: l ATTEST: � . $o S By: aryU � ;a City Secr6fary 7 �`� Date: 1 M&C: Date: 0o -colt it Professional Services Agreement r, SL-Serco,Inc. C,`'SY �R Page 10 of 11 � w®���� M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTTII COUNCIL ACTION: Approved on 9/20/2016 DATE: 9/20/2016 REFERENCE NO.: **C-27936 LOG NAME: 60SL SERCO CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Professional Services Agreement with SL-serco, Inc., in the Amount of $175,000.00 Annually to Support the City's My H2O Advanced Metering Infrastructure Program (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of a Professional Services Agreement with SL- serco, Inc. in the amount of$175,000.00 annually for services to support the City's My H2O Advanced Metering Infrastructure Program with up to five annual contract renewals (six years total). DISCUSSION: In 2015, an Professional Services Agreement was executed with SL-serco, Inc., for services related to the preparation and review of a Request for Qualifications (RFQ) for a system integrator for the program. On January 4, 2016, a subsequent Professional Services Agreement was administratively approved with SL- serco, Inc. in the amount of$48,500.00 annually (City Secretary Contract No. 47446). The Agreement included up to five annual renewals. The contract provided for technical assistance related to the My H2O Program a city-wide Advanced Metering Infrastructure project . The program is being implemented in multiple phases including planning and design, pilot implementation, full deployment (2 phases) and final assessment. Through the term of the initial Agreement, SL-serco, Inc., has served as a valuable partner assisting the City with vendor procurement, negotiating the final scope of work for the selected program integrator, and identifying areas of risk. This Agreement provides additional funding to support the Utility's efforts throughout implementation. The consultant brings strong technical and systems operations expertise to the overall project team. Through this Agreement, SL-serco, Inc., will provide support for business process transformation activities and system implementation oversight. The consultant will also provide technical expertise related to multiple system integrations, identifying ongoing efficiencies in Utility operations, facilitate system testing, and other related services. M/WBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the BIDE Ordinance, because the purchase of goods or services from source(s)where subcontracting or supplier opportunities are negligible. This proposed term of this Agreement supports the My H2O Program's anticipated schedule: 2016 Phase 1 Planning and Design 2017 Phase 2 Pilot Implementation 2018—2019 Phases 3 & 4 Full Implementation 2020 Phase 5 Evaluation/Assessment/Program Close-out This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: http://apps.foi-twol-thtexas.gov/council_packet/mc_review.asp?ID... 9/21/2016 M&C Review Page 2 of 2 The Director of Finance certifies that the appropriations are available as directed by M&C G-18625 in the TWDB SWIRFT Fund for Phases 1 and 2 of the Advanced Metering Infrastructure Project. Appropriations for this project by fund will consist of the following: Current Future FUND Appropriations Appropriations Project Total" Water Capital Fund 59601 $24,500.00 $0.00 IF $24,500.00 TWDB SWIRFT Fund $12,301,421.00 57005 $o.00 $12,301 ,421 .00 Future TWDB SWIRFT ---$O--00]$60,140,207.00 $60,140,207.00 Project $12,325,921 .00 $60,140,207.00 $72,466,128.00 Total TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originatinq Department Head: John Carman (8246) Additional Information Contact: Madelene Rafalko (5467) ATTACHMENTS 60SLserco Form 1295.pdf http://apps.foi-twoi-thtexas.gov/council—Packet/mc_review.asp?ID... 9/21/2016 CERTIFICATE OF INTERLSTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-88800 SL-serco, Inc. St.Anthony, MN United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/21/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 47446 Project SWIFT, Project#51014,Advanced Metering Infrastructure Project Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Allen, Laurie St.Anthony, MN United States X Allen, David St.Anthony, MN United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. <*°Eb*,,� CAROLE LOIS ART -� Notary Public State of Minnesota My Commission Expires January 31, 2019 _ r— Signature of au horized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said this the day of J \ 20- 1(, to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer ad inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 City of Fort Worth Departmental Request for Waiver Of MBE/SBE Subcontracting/Supplier goal Water Department $175,000.00 N/A DEPARTMENT NAME: ESTIMATED COST / PROPOSAL DATE City of Fort Worth Advanced Metering Infrastructure Project(AMI) SWIFT/#51014 ME OF PROJECT/BID: DOE/PROJECT NO. \AAkhr��J� 5467 08/19/2016 285.01 SIGNATURE OF/PROJECT MANAGER EXTENSION DATE NIGP CODE Prior to advertisement the contracting/managing department shall determine whether the bid/proposal is one which MBE/SEB requirements should not be applied. MBEMBE requirements may be waived upon written approval of the M/WBE Manager,.If one of the conditions listed below exists,the oontracting/managing department shall notify the Manager via this form,stating the specific reason(s)for requesting a waiver. If the contracting/managing department and the Manager are in conflict over the granting of a waiver, either may appeal to the City Manager, or designee, and his/her decision is final. Please Check Applicable Reason: A. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance, because the public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or X B. MWBE Office, A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office,in accordance with the M/WBE or BDE Ordinance, because the purchase of goods or services from source(s)where subcontracting or supplier opportunities are negligible; or C. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance, because the application of the provisions of this ordinance will impose an economic risk on the City or unduly delay acquisition of the goods or services; or D. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance, because the MWBE Waiver is solicited based on the sole source information provided to the MWBE Office by the managing department's project manager, Justify Coinmodity or Service Waiver Request: The Consultant shall provide technical assistance supporting the planning,design,purchase and full deployment of the City-Wide AMI System. This will Include advanced metering technology features In the support of the FWWD leadership,as well as preparation and evaluating program component design and functionalliy. The prime consultant will utilize Its own employees to perform these services. Therefore,subcontracting opportunities are Negligible. Please use additional sheets,if napded M/W E OFFICE USE ONLY: !� Approved Signature fO/W Authorize Personnel Date Not Approved Signature of M/WBE Authorized Personnel Date 3 Roy,2.20.1