HomeMy WebLinkAboutContract 26896 CITY SECRETARY
CONTRACT NO.
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 and Denton Counties, Texas, acting by and
through Charles Boswell, its duly authorized Assistant City Manager, and PRETTYMAN &
ASSOCIATES, INC. ("Consultant"), a TEXAS corporation and acting by and through Ms.
Lanelle Prettyman, its duly authorized President.
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with professional consulting and
management services to Plan and Implement Transition to a PBX-Based Telephone System for
the City of Fort Worth, for 5,200 telephone stations at 140 locations city-wide, in accordance
with Attachment A, Scope of Services.
Subsequent increases in the actual quantity of telephone stations will be considered to be an
expansion of the Scope of Services. City agrees to increase the Compensation Amount by $72
per station whenever the quantity of stations exceeds 5,200 stations.
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 a sum not to exceed $374,400 for all services specified in
this agreement.
Professional Fees are invoiced monthly for Services performed since last invoice. City,
will approve and pay invoices that demonstrate satisfactory progress and quality. City agrees to
pay amounts invoiced within thirty (30) days after invoice date. City agrees to pay additional
rebilling fee of 1.0% per month, for any portion of the amounts invoiced that remains unpaid for
more than 30 days after invoice date. City agrees to pay standard commercial collection charges
and attorney's fees for any portion of the amounts invoiced that remains unpaid for more than
120 days after invoice
7. INSURANCE.
During the term of this Agreement, Consultant shall procure and maintain at all times, in
full force and effect, a policy or policies of insurance that provide the specific coverage set forth
in this Section 7 as well as any and all other public risks related to Consultant's performance of
its obli,ations under this Agreement. Consultant shall specifically obtain the following types of
insurance at the following limits:
• Commercial General Liability:
$1,000,000 per occurrence; providing blanket contractual liability insurance for all
written contracts; products and completed operations; independent contractor's
liability; and coverage for property damage to City facilities; and
• Automobile Liability:
$1,000,000 per occurrence or accident; including, but not limited to, all vehicles,
whether owned or hired, in use by Consultant, its employees, agents or
subcontractors; and
• Worker's Compensation/Employer's Liability:
Worker's compensation coverage as required by applicable law; and Employer's
Liability at $100,000 per accident.
Prior to the Effective Date, Consultant shall provide the City with certificates of
insurance that verify Consultant's compliance with the insurance requirements of this
Agreement. The City's Risk Manager shall have the right to review and evaluate Consultant's
insurance coverage and to make reasonable requests or revisions pertaining to the types and
limits of that coverage. Consultant shall comply which such requests or revisions as a condition
precedent to the effectiveness of this Agreement.
8. 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 an 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 shall 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, contractors and subcontractors.
Consultant further agrees that nothing herein shall be construed as the creation of a partnership
or joint enterprise between the City and Consultant.
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11. COMPLIANCE `VITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Consultant agrees to comply with all federal, state and local laws, ordinances, rules and
regulations. If the City notifies Consultant of any violation of such laws, ordinances, riles or
regulations, Consultant shall immediately desist from and correct the violation.
12. 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 the basis of race, color, national origin, religion, handicap,
sex, or familial status. If any claim arises from an alleged violation of this non-discrimination
covenant by Consultant, its personal representatives, assigns, subcontractors or successors in
int�re�i, C_'unsuliant agrees to assume such liability and to indemnify and defend the City and
hold the City harmless from such claim.
13. LICENSES AND PERMITS.
Consultant shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for it to cant' out its duties and obligations hereunder.
14. 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.
15. 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 CONSULTANT:
CITY OF FORT WORTH— IT SOLUTIONS DEPT PRETTYMAN & ASSOCIATES Inc
ATTN DIRECTOR ATTN LANELLE PRETTYMAN
1000 THROCKMORTON 4514 COLE AVE, SUITE 600
FORT WORTH TX 76102-6311 DALLAS, TX 75205-5412
Facsimile: (817) 871- 8654 Facsimile: 214-559-,,
14-559-. 5
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 NVAIVER.
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.
17. VENUE , JURISDICTION AND EXPENSES.
This Agreement shall be construed in accordance with the 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. In any such
action, the prevailing party shall be entitled to recover from the other party reasonable attorneys'
fees incurred in the bringing or defending of the action.
18. SEVERABILITY.
!f ()f this ,1�,reement 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 Consultant 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,
including, but not limited to, compliance with any government law, ordinance or regulation, acts
of God, acts of omission, fires, strikes, lockouts, national 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.
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21. FNTIRFTY 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. This Agreement shall not be amended
unless agreed to in writing by both parties and, if required, approved by the City's City Council.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples
this � i`Lday of , 2001.
CITY OF FORT WORTH: PRETTYMAN & ASSO AT S, Inc.
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Char es Boswell LANELLE PRETTYMAN
:assistant City Manager PRESIDENT
-ATTEST: ATTEST:
By. By.
City Secretar 2
APPROVED AS TO FORM AND LEGALITY:
i
Assisiahkity Attorney (74y
Iv'Ull Uf C'��i�;�C`�IIe`rl��r
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STATE OF [STATE] §
COUNTY OF [COUNTY] §
BEFORE ME, the and sy' ned authority, a tary Public in and for the State of[STATE],
on this day personally appeare _ 7 ' mown to me to be the person
whose name is subscribed to tFie foregoing instrument, and acknowledged to me that the same was
the act of PRETTYMAN & ASSOCIATES, Inc. and that he executed the same, and had
authorization to execute the same, as the act of PRETTYMAN & ASSOCIATES, Inc., for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of
2001.
KELLI M LARKIN
* NOTARY PUBLIC
tg state of Texas
of: Comm.Exp, 10.2 M Notary Public in and for the State of[STATE]
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Charles Boswell, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this o264 day of ,
2001.
ROSELLA BARNES '°'
j2x NOTARY PUBLIC otary Public in and for the State of Texas
{ t t State of Texas
,�,�-f Comm.Exp.03-31-2005
Attachment A
Scope of Services
Consultant will perform professional consulting and management services to plan and
implement transition to PBX-based telephone system for the City of Fort Worth, for 5,200
telephone stations at 140 locations city-wide, in accordance with this Scope of Services.
Expanded Scope: Subsequent increases in the actual quantity of telephone stations will be
considered to be an expansion of the Scope of Services. City agrees to increase the
Compensation Amount by $72 per station whenever the quantity of stations exceeds 5,200
stations.
System Definition: A PBX-based telephone system shall consist of the following components:
local telephone dial tone services, telephone switches and sets, voice messaging, interconnection
with customer owned inside wiring, local network connectivity between locations, connectivity
with the IT infrastructure, and programming, installation, user training, and maintenance.
City Participation: City agrees to furnish Letters of Agency to all telecommunications product
and services vendors. City will afford ready access to all existing inventory records, floor plans,
and vendor proposals, contracts, correspondence, and invoices. City will afford ready access to
all buildings and personnel necessary for Consultant to perform this Scope of Services.
Phase 1 —Analysis:
Conduct a business analysis of the telephone system needs of all City departments and facilities.
Interview key personnel to identify unique needs, objectives, goals, and measurements. Obtain
growth forecast to plan for future expansion needs. Establish departmental telecommunications
customer user committees to coordinate data gathering and increase customer commitment.
Attend Policy and Project Team meetings.
Deliverable: Prepare and present written Summary of Findings with results of the analysis.
Estimated Compensation: $83,200
Phase 2—Design:
Design a PBX-based system to include all City facilities and satisfy the business needs of City
Departments. Research available technology hardware/software appropriate to meet needs
uncovered. Investigate systems integration to interconnect all types of voice, data, and video
communications equipment. Plan requirements for entrance facilities, building distribution, and
equipment space. Formulate recommendations for service changes, rearrangements, and
enhancements. Formulate preliminary budget forecast and decision-making guidelines. Draft
proposal specifications for bidding, systems design, installation, support,pricing. Obtain City
concurrence with proposal requirements and approval to proceed.
Deliverable: Prepare and present detailed system design by line item sufficient to solicit offers.
Estimated Compensation: $62,400
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Attachment A
Scope of Services
Phase 3 —Recommendation:
Recommend equipment necessary to implement the system design. Identify qualified
prospective vendors, and solicit offers. Assist in preparation of final Request For Offer per City
requirements. Host pre-offer conference and site tour to allow suppliers access to City premises.
Answer questions from prospective suppliers, and issue written addenda to the RFO. Evaluate
and assess proposals according to pre-established evaluation criteria. Clarify proposal responses,
as needed. Check references. Host formal or informal presentations by finalists, as deemed
necessary by City. Prepare guidelines for Best and Final Offers. Evaluate and assess Best and
Final Offers. Assist in evaluation of financing alternatives. Prepare and present written
recommendations, and assist City in final selection. Resolve terms and conditions details, and
finalize a mutually acceptable contract.
Deliverable: Prepare and present written Recommendation to review and condense results of
the evaluation and assessment, with final recommendation for contract award.
Estimated Compensation: $41,600
Phase 4 - Implementation Plan:
Design a plan to implement the system design using a phased approach over a two year period
and prioritized by location, while concurrently phasing out the existing Plexar system to
minimize budgetary impact on customers. Plan will include consolidating all City telephone
numbers into a single prefix, and coordinating number changes with City Information Office.
Plan will show equipment, services, connectivity, projected start and complete dates, by location
and department, formatted for completion of full documentation during implementation phase.
Deliverable: Prepare and present detailed Implementation Plan, as described.
Estimated Compensation: $41,600
Phase 5 - Proiect Manallement:
Manage the implementation of the project to a successful conclusion. Coordinate all aspects of
the project with vendors, City departments, and administration. Verify final systems design to
assure component completeness, accuracy, and necessity. Customize applications to tailor
equipment, programming, and training to specific needs uncovered. Supervise vendor quality
and on-time delivery. Verify that systems meet technical specifications and are fully operational
at initialization. Review vendor billing for accuracy and resolve discrepancies.
Deliverable: Prepare and present completed Implementation Plan, showing actual start and
complete dates for every aspect of the installation, by location and department.
Estimated Compensation: $145,600
Total Not To Exceed: $374,400
City of Fort Worth, Texas
"agar and Council Communication
DATE REFERENCE NUMBER LOG NAME JPAGE
6/26/01 **C-18637 04CONSULT 1 of 3
SUBJECT CONTRACT WITH PRETTYMAN AND ASSOCIATES, INC. FOR PROFESSIONAL
CONSULTING AND MANAGEMENT SERVICES TO PLAN AND IMPLEMENT A CITY-
WIDE COMMUNICATIONS SYSTEM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with
Prettyman and Associates, Inc. to provide professional consulting and management services to plan
and implement a Citywide communications system at a cost not to exceed $374,400.
DISCUSSION:
The City currently operates a wide array of telephone systems across approximately 140 facilities, none
of which is compatible with any of the others. Many City employees lack basic phone system functions
such as the ability to transfer calls from one department to another, or access a voicemail system. The
result is a degraded, incomplete and very expensive communications system that negatively impacts
the quality of customer service and increases the cost of providing services.
The solution to these problems is to design and implement a single communications system for all City
departments. Because of technological advances in networking that practically eliminate the
differences between voice and data systems, a new communications system can be designed that
utilizes the City's existing network infrastructure to reduce its overall cost. It is expected that the new
system will rely mainly on PBX (Private Branch Exchange) technology, although any combination of
technology that results in a unified and functional telephone system will be considered. Implementation
of the new system will include consolidation of all City telephone numbers to a single prefix (392).
The request for qualifications was advertised for bid on March 14 and 21, 2001. On April 5, 2001,
responses were received from the following nineteen firms:
• Prettyman &Associates, Inc.
• Carolyn Arnold Communications Consultant
• RSM McGladrey
• OTM Engineering
• Elert and Associates
• Avaya
• Prettyman & Associates/Source, Inc.
• Alcatel
• Resource Advantage, Inc.
• Verizon
• Activel-ink Communications
• TechKnowledge
• Southwestern Bell
• Inter-Tel
• U Technologies
• EON Communications Corporation
• Affiliated Telephone
• Mercury Communication Systems
• Reliance Systems, Inc.
19F
City of Fort Worth, Texas
4relljor and cou""'I Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/26/01 **C-18637 I 04CONSULT 1 2 of 3
SUBJECT ` CONTRACT WITH PRETTYMAN AND ASSOCIATES, INC. FOR PROFESSIONAL
CONSULTING AND MANAGEMENT SERVICES TO PLAN AND IMPLEMENT A CITY-
WIDE COMMUNICATIONS SYSTEM
The qualifications packages were evaluated based on a pre-determined combination of qualitative and
quantitative point measures. These measures included, but were not limited to, experience,
qualifications, and status as a reseller of telecommunications equipment. Based on the total point
distribution and fair pricing rates, staff recommends the contract be awarded to Prettyman &
Associates, Inc. Prettyman and Associates, Inc. is locally based, and has over 16 years of experience
in designing and implementing communications systems for a variety of clients, including cities and
counties in Texas.
This project to design and implement a communications system for the City will consist of five phases,
as follows:
• Phase 1
A business analysis of the telephone system needs of all City departments and facilities. This
will include interviews of key personnel and a growth forecast.
• Phase 2
Based on the outcome of the business analysis, a system will be designed. The design will
include integration of existing network infrastructure, such as fiber optic connections provided
through cable franchise agreements, to satisfy voice, data and video requirements.
• Phase 3
Prettyman and Associates, Inc. will recommend equipment necessary to implement the system
design and assist, as required by the City, in the procurement of the equipment and
implementation services.
• Phase 4
The implementation plan will be created, including the phased consolidation of all City telephone
numbers into the 392 prefix.
• Phase 5
Prettyman and Associates, Inc. will manage the implementation of the project, including
supervision of vendor quality, on-time delivery and verification that systems meet technical
specifications and are fully operational at initialization.
The duration of the project is expected to be two to three years from the beginning of Phase 1.
The full cost to implement the new system will not be known until the design and equipment
specifications are complete. Implementation of the system will coincide with the expiration of the City's
current local phone service contract with Southwestern Bell. As facilities are moved to the new system
from the current local phone service, funds that are used to pay for local phone service will be
redirected to pay for the new system implementation.
City of Fort Worth, Texas
4volffor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/26/01 **C-18637 1 04CONSULT 3 of 3
SUBJECT CONTRACT WITH PRETTYMAN AND ASSOCIATES, INC. FOR PROFESSIONAL
CONSULTING AND MANAGEMENT SERVICES TO PLAN AND IMPLEMENT A CITY-
WIDE COMMUNICATIONS SYSTEM
The goal is to structure financing of the new system such that these redirected funds will be sufficient to
pay for it, though at this time it cannot be ruled out that additional funds beyond this normal
appropriation may be required to complete the implementation.
The IT Solutions Department will manage the project for the City and will pay the cost of the project
from its budgeted funds.
M/WBE requirements have been waived by the M/WBE Office for the consulting phase only because
subcontracting or supplier opportunities are negligible. However, Prettyman and Associated, Inc. is a
certified women business enterprise.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Information Systems Fund.
CB:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
David Miller 8450 (from) JUN 26 2001
P168 531200 0047000 $374,400.00 y }
Additional Information Contact: �&-- l-�
City secretary of the
David Miller 8450 City of Fort Worth,Taws