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HomeMy WebLinkAboutContract 38736 (2)CITY SECRETARY' CONTRACT No a Mmilen 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 Karen L. Montgomery, its duly authorized Assistant City Manager, and Salvaggio, Teal & Associates ("Consultant" or "STA") a Texas limited partnership and acting by and through Nathan Frey, its duly authorized Partner, referred to separately as a "Party," referred to collectively as the "Parties." WHEREAS, the City seeks to engage the services of a qualified Consultant to provide expert guidance, oversight, recommendations and planning assistance to the City in the management and execution of this strategic initiative; and WHEREAS, the Consultant will serve as the City's Principal ERP Consultant for the full ERP project lifecycle from initiation to the implementation of an ERP system and initial project closeout. NOW THEREFORE, for the mutual covenants and considerations set forth below, the Parties hereby agree as follows: CONTRACT DOCUMENTS: The Contract Documents shall include the following: 1. This Professional Services Agreement plus any attachments hereto which shall include: a) Exhibit A —Scope of Work b) Exhibit B —Major Task Areas c) Exhibit C — Payment Schedule d) Exhibit D — Module Description Document e) Exhibit E — Description of Excluded Functions 2. City of Fort Worth Request for Proposal (RFP) # 06-0252, which is hereby incorporated by reference and made a part of this Agreement for all purposes herein 3. The Response to RFP # 06-0252 submitted by Salvaggio, Teal &Associates (the "Response"), which is hereby incorporated by reference and made a part of this Agreement for all purposes herein In the event of conflict among the documents, the order of precedence shall be 1) this Agreement plus any attachments; 2) RFP # 06-0252; and 3) the Response. 1. SCOPE OF SERVICES. The City has several information systems that it uses for financial and administrative purposes. Many of these systems are aging, lack desired functionality and are insufficiently integrated. The City desires to replace its collection of legacy systems with an integrated enterprise solution. The integrated enterprise solution should replace as many of these legacy systems as feasible and appropriate and must also integrate with certain existing City systems in a way that is a functional enhancement to the current integration between existing legacy systems and other City systems. To this end, the City is engaging the services of the Consultant to provide expert guidance, oversight, recommendations, and planning assistance in successfully achieving this ambitious and important goal. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," specifically describing the obligations -of �— Consultant. Professional Services Agreement— Salvaggio, Teal &Associates City of Fort Worth —ERP Phase II Financial Pre -Implementation 0 6 —? 2 — 0 � P'� � Page 1 of 23 �i{r'YWAL RECORD D17Y8ECRETAR'1r I-T WORTN, TX 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 completion of all services contemplated herein, unless terminated earlier in accordance with the provisions of this Agreement. 3. COMPENSATION. The City shall pay Consultant in accordance with the provisions of this Agreement which are governed by the Payment Schedule set forth in "Exhibit C," which is attached hereto and made a part of this Agreement for all purposes. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves such additional costs for such services in writing through. 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 /DISPUTE RESOLUTION. 4.1. Written Notice. The City or Consultant may terminate this Agreement at any time with or without cause and for any reason by providing the other party with 30 days written notice of termination. 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 have 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 up to 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. 4.4 Informal Dispute Resolution. Except in the event of termination pursuant to Section 4.2 above, in the event of a dispute or controversy between the parties for any matters related to this Agreement, the parties shall, in good faith, exercise their best efforts to negotiate and attempt to resolve any disputes that may arise pursuant to this Agreement as set forth in this Section 4.4 as follows: (a) If either Party (the "Disputing Party) disputes any provision of this Agreement, or the interpretation thereof, or any conduct by the other party under this Agreement, that party shall bring the matter to the attention of the other party at the earliest possible time in order to resolve such dispute. (b) If such dispute is not resolved by the employees for the subject matter of the dispute within ten (10) business days, the Disputing Party shall deliver to the first level of representatives below a written statement (a "Notice of Dispute") describing the dispute in detail, including any time commitment and any fees or other costs involved. (c) Receipt by the first level of representatives of a Notice of Dispute shall Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 2 of 23 commence a time period within which the respective representatives must exercise their best effort to resolve the dispute. If the respective representatives cannot resolve the dispute within the given time period, the dispute shall be escalated to the next higher level of representatives in the sequence as set forth below. (d) If the parties are unable to resolve the dispute in accordance with the escalation procedures set forth below, the parties may assert their rights under this Agreement. Escalation Timetable (Business Days) 0 — 5th day 6th —10th day 11th — 15th day STA Representative Duane Mailman Nathan Frey Mitt Salvaggio City of Fort Worth Re oresentative(s) Rich White/Mai Tran Lena Ellis Karen L. Montgomery 4.5 Notwithstanding the fact that the Parties may be attempting to resolve a dispute in accordance with the informal dispute resolution procedures set forth in Section 4.4, the Parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. 4.6 Notwithstanding the foregoing, either Party may, before or during the exercise of the informal dispute resolution procedures set forth in Section 4.4 apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. 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 under this Agreement. 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 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. Consultant 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. 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 at no additional cost to the City. 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 Professional Services Agreement— Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 3 of 23 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 ANDIOR 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, 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) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR /N CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Unless otherwise approved or requested by the City, 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 under this Agreement. 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 apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. STA Resources will be provided to the City as follows: • Nathan Frey— Project Director, up to 50% • Mitt Salvaggio — Contract Negotiations, as needed • Duane Mailman — Project Manager, 100% • Harry Anderson — Functional Consultant, 20% • To Be Determined — Additional Functional Consultant, 100% Staffing substitutions must be approved by the ERP Steering Committee, trained by STA personnel and in place within fifteen (15) business days following approval. In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth —ERP Phase II Financial Pre -Implementation Page 4 of 23 Minority Business Enterprises and Women Business Enterprises (MNVBE) in City contracts. STA acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by STA 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. STA 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 MNVBE; and (3) the approximate dollar amount/ percentage of the participation. If STA fails to meet the stated goal, then STA must submit detailed documentation of good and honest efforts as to why the goal was not achieved. 10. INSURANCE. Consultant shall provide the City with certificates) 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: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate (b) Automobile Liability 1)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 (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 Coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional Liability 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 Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 5 of 23 of insurance shall be submitted to the City to evidence coverage. 10.2 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. 11. 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. 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 A 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. 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 party by United States Mail, registered, return receipt requested, addressed as follows: To THE CITY: City of Fort Worth/IT Solutions 14. SOLICITATION OF EMPLOYEES. To CONSULTANT: 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. GOVERNMENTAL POWERS. Professional Services Agreement —Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 6 of 23 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 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. 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. 18. 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. 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 (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. 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. 22. AMENDMENTS /MODIFICATIONS / EXTENSTIONS. 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. 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. Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 7 of 23 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 into this Agreement. [SIGNATURE PAGE FOLLOWS] Professional Services Agreement— Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 8 of 23 IN nESS WHERE , the parties hereto have executed this Agreement in multiples thisGIX4day of 200. CITY OF FORT WORTH: SALVAGGIO, TEAL AND ASSOCIATES: By: 4By: V "; Karen L. Montgomery Nathan L. Frey Assistant nager MaPartner Date: CI Date: ATTEST: ATTEST � Marty Hen ix City Secretary APPROVED AS TO ORM AND LEGALITY: J B Maleshi B. Farmer Assistant My Attorney 6A, C Professional Services Agreement SALVAGGIO, TEAL AND ASSOCIATES Page 9 of 23 rWORTH, rx �/:11=3�itil SCOPE OF WORK ERP CONSULTANT — PHASE II PRE=IMPLEMENTATION OVERVIEW OF BUSINESS OBJECTIVES AND GOALS The ultimate goal of the City's Phase II ERP project is to implement an integrated Financial Management and Procurement system for the City. The City currently relies on a number of disparate legacy systems for these functions. MARS is the primary financial system, BuySpeed On-line is the procurement system, and several mainframe applications provide inventory functionality. Additionally, many stand-alone databases are used by City departments to support functions that these central applications cannot provide. These systems are outdated, limited in their expansion capability, and in some cases are failing to meet the City's business needs. Most of these systems are costly to maintain and require substantial staff time to monitor the systems and investigate and correct errors. The Pre -Implementation scope of work for the City's Financial and Procurement (Finance/Procurement) systems will include project planning activities, requirements definition, software selection, development of procurement -related documents for software and implementation services, development of vendor evaluation tools, support for vendor proposal evaluations, contract negotiations, and assistance in preparing the City project team for the implementation project. GENERAL OBLIGATIONS AND SCOPE OF PROJECT The Consultant will report to the Executive Project Sponsor and Advisory Committee of the City's ERP project and will be expected to enhance the effectiveness and success of the project by providing independent, objective and expert guidance, recommendations, oversight and assistance regarding all aspects of the City's ERP Phase II pre -implementation activities including: • Project Planning • Risk Identcation and gation Planning • Project Management and Control • Recommendations for Continuous Process Improvement in the Public Sector Environment • Change Management planning • Escalation Procedures • Issues Management • Product and Functional Requirements Analysis • Request for Proposal Development • Product and Implementer Evaluation and Procurement Oversight • Contract Negotiations with Selected Product and Implementation Vendors The preliminary scope of the City's ERP Phase II implementation encompasses the following major Finance and Procurement business functions: Core Financials: Financial Data Classification Structure General Ledger Budgetary Monitoring and Control Accounts Receivable and Cash Receipting Accounts Payable (Non Procurement) Fixed Assets Project Accounting Grant Accounting Cost Accounting Cash Management (Automated Bank Reconciliations) Core Procurement: Vendor Maintenance Commodity Management Procurement (Requisition to Invoice) Inventory Management Professional Services Agreement— Salvaggio, Teal &Associates City of Fart Worth —ERP Phase II Financial Pre -Implementation Page 10 of 23 -Procurement Procurement Card Plus 4 Areas: Budget Preparation Collaborative Vendor Solicitations and Sourcing Contract Management Point of Sale The final scope of the City's ERP Phase II implementation will be determined during the course of Consultant's pre -implementation services. Consultant's services under this statement of work may be adjusted to align with the City's final ERP Phase II scope upon mutual agreement of the Executive Project Sponsor and Consultant. SERVICES Pre -Implementation Oversight and Guidance —The consultant shall provide independent project oversight, quality assurance, and general project management support for the pre -implementation activities of Phase II. Issue Resolution -The Executive Project Sponsor and Consultant shall mutually work towards the timely resolution of issues. Any change of scope for this project must be mutually agreed upon by the Consultants and Executive Project Sponsor and then approved by the Executive Project Sponsor. The Executive Project Sponsor and/or the City of Fort Worth reserve the right to dismiss any employee of a contracted worker or STA employee for any reason during the length of this engagement. Any invoices submitted for payment must be presented to and signed by the City of Fort Worth Executive Project Sponsor. TASKS, DELIVERABLES, AND MILESTONES The Pre -Implementation Guidance &Oversight activities are organized into two parts. Part 1 coincides with the selection of the software and implementation service provider for the ERP Phase II-Finance/Procurement systems and is based upon the expected tasks and activities that are associated with project planning, requirements definition, software selection, development of procurement -related documents for implementation services, development of vendor evaluation tools, and support for vendor proposal evaluations. Part 1 services will be delivered on a fixed -fee basis. Part 2 includes contract negotiations, and assistance in preparing the City project team for the implementation project. Part 2 services will be delivered on a time and materials basis. Additionally, Consultant shall provide independent oversight, guidance and assistance to the City to support the Phase II pre -implementation project objectives in accordance with the agreed -upon project plan. Exhibit B, "Major Task Areas," documents the currently anticipated task areas where STA will be expected to provide oversight, guidance and assistance. Exhibit C, "Payment Schedule" shows the anticipated payment events per the terms of this Agreement. Following execution of this contract, STA and the City may revise the task areas, milestones, and payment schedule to develop a final project plan representative of the final project scope and timeline. ASSUMPTIONS • The scope of this project is limited to the "Core + 4" modules identified in Exhibit D Module Description Document. The scope does not include the items identified in Exhibit E Description of Excluded Functions. • STA will develop one (1) Request for Proposal (RFP) for the combined procurement of software and implementation services for this project. • For purposes of the procurement process, the evaluation and selection of the financials and procurement software and implementation services will be based upon the "Core + 4" requirements. • Resources are scheduled to begin work on the pre -planning activities of the project on June 8, 2009. Delays in this anticipated start date will delay the anticipated completion date. Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth —ERP Phase II Financial Pre -Implementation Page 11 of 23 • All requirement sessions will be scheduled and completed within a four -month period beginning August 24, 2009. This date will be adjusted for any delays in the anticipated start date of the project. • STA will factate, on average, three requirements sessions for each module in the project scope. The three sessions will typically consist of the following activities: (1) initial review of baseline requirements, (2) review of additions, deletions, and edits to baseline requirements, and (3) sign -off on requirements by the SME team as representing the City's final requirements for that module. • Demo scripts will be developed for the "Core + 4" modules for a total of no more than sixteen (16) hours of demonstration time. • The Evaluation Team for this project will be comprised of no more than ten (10) members. Initial evaluations will be scheduled and completed in a timely manner. Initial evaluations will result in a selection of vendors for demonstrations within a period not to exceed six (6) calendar weeks from receipt of vendor proposals. • STA estimates that a minimum of two (2) full-time City FTE's will be required to complete Parts 1 and 2 within the City's desired timeline. We have assumed that the City will staff and conduct the project in an expeditious manner such that the STA resources can remain fully - engaged throughout the planned project timeline. • The planned Parts 1 and 2 schedule is based on an average 42-hour workweek for each full- time staff assigned to the project. Project Directors and members of the STA HR/Payroll project team will schedule hours on a variable basis to complete deliverables in accordance with the agreed -upon project schedule. • Contract negotiations and pre -implementation readiness activities (Part 2) will be performed on a time and materials basis with payments made upon monthly invoices for time incurred by STA staff. • Consultant will track issues, action items and parking lot items. • When needed, on site office space will be provided for consultants at the project headquarters. The City will provide the following for STA staff while on site: o A cubicle/office with Internet access; o Access to a copier; o Meeting rooms when available; o Server access for storing project documentation; and o Projector for facilitated meetings. • Multiple copies of reports will be prepared at the City's expense. • Specified City staff will be reasonably available for interviews and to participate on the project as agreed upon and appropriate. • Office and meeting room space will be reasonably available on -site for project -related meetings and other project -related purposes. • The City will accept or reject all deliverables within ten (10) business days. The following are considered to be the normal City of Fort Worth hours of operation: Monday - Friday; 8 a.m. - 5 p.m, excluding City holidays. The City shall have sole discretion to determine whether a deliverable/milestone is complete prior to acceptance by the City; however, acceptance will not be unreasonably withheld. If a deliverable is rejected, the City will provide a written description of the defects of the deliverable(s) and Consultant will have ten (10) business days to either complete the deliverable in accordance with the City's notice of defect, or provide an alternative acceptable to the City. Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth — ERP Phase If Financial Pre -Implementation Page 12 of 23 Little, if any, administrative support will be required, but in those instances when it is required, it will be provided by the City. ® The standard travel week for Consultant staff will be to arrive on Monday and depart on Thursday. ® Consultant will not be reimbursed for actual travel costs. The hourly rate for time and materials are fully loaded and included with all travel and living costs. Consultant will not charge for travel time. However, if Consultant staff is working on chargeable (i.e., project related) tasks while in transit or off -site, applicable time would be charged. Off -site work will be approved by the Project Manager, in advance. ACTIVITIES AND CRITICAL SUCCESS FACTORS Effective sponsorship and oversight is critical to the success of the project. All planning assumptions must support the larger strategic business direction of the City. It is essential that the Consultant confirm the City's business priorities by reviewing existing business plans, interviewing key senior staff and coming to consensus with the Project Team over the project 's assumptions. Additionally, other City documents, including the City 's Strategic Plan, budget, past consultant studies and systems documents, should be reviewed to gain insight into the key issues facing our organization and incorporated into City housed document archive. Conduct planning meetings as necessary with an administrative working group (hereafter referred to as the "project team"), which will consist of representatives from the Finance, HR, IT and other departments, as needed. Communicate progress and findings to the project team via email on a monthly basis throughout the duration of the project. Assist with the preparation of briefing materials and presentation of such to the City Manager staff, Audit and Finance Committee, City Council and Employee Meetings as requested. Perform requirements gathering sessions to establish functional requirements, technical requirements, interfacing systems requirements, and data conversion requirements using the STA Requirements Repository Toolset for inclusion in procurement -related documents. City participants in these sessions will include key Finance and Procurement resources and representatives from other Departments that will participate in the finance and procurement functions that will be supported by the new ERP system. Develop procurement -related documents, such as the Request for Proposal for software and implementation services. Develop evaluation tools and demo scripts to help expedite the analysis of vendor responses and software functionality, as well as support contract negotiations. Consultant will provide ongoing feedback and recommendations related to the ERP team to the Executive Project Sponsor. Consultant will lead negotiation efforts with selected product and implementation vendors to secure favorable contract terms for the City. OUT OF SCOPE Implementation of the technology solutions is considered out of scope per the terms of this Agreement. Consultant will only be providing guidance, recommendations, quality assurance and oversight with respect to the selection of a solution. PAYMENT STRUCTURE Payments to Consultant for Part 1 will be made at the completion of each deliverable on the schedule attached as Exhibit C. A sign -off on the deliverables by the Executive Project Sponsor will be required before payment is issued. Payments to Consultant for Part 2 will be made on a monthly basis during the Phase II Pre - Implementation activities of the engagement. The payment schedule included in Exhibit C represents an estimate of the time and materials services to be provided each month during the scheduled project duration. Monthly payments will be based upon actual hours of service Professional Services Agreement — Salvaggio, Teal & Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 13 of 23 provided by Consultant. A sign -off on the services delivered by the Executive Project Sponsor will be required before payment is issued. Professional Services Agreement— Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 14 of 23 MAJOR TASK AREAS Task Area Planning General Timetrame Start June' End Jul Project Plan Refinement of any Phase I Project Planning documents to update for new functional scope Initial revisions to STA requirements for known city -specific requirements Requirements Definition = Core Functions August October General Ledger and Financial Data Classifications Budgetary Monitoring and Control Accounts Receivable and Cash Recei tin Accounts Payable Non Procurement Fixed Assets Project Accounting Grant Accounting Cost Accounting Cash Management Automated Bank Reconciliations Vendor Maintenance Commodity Management Procurement Requisition to Invoice Inventory Management E-Procurement Procurement Card General and Technical Requirements October November Expanded Financials Requirements October January Budget Preparation Collaborative Vendor Solicitations and Sourcing Contract Management Point of Sale Prepare Solicitation October Aril Conduct Evaluation Aril May Conduct Negotiations and Award Contract May Jul ERP Implementation Project Prep August September Professional Services Agreement— Salvaggio, Teal &Associates City of Fort Worth — ERP Phase 11 Financial Pre -Implementation Page 15 of 23 EXHIBIT C PAYMENT SCHEDULE Project Kick -Off $29,568 Project Plan $65,016 Draft Financial Requirements $85,680 Final Financial Requirements $56,784 Draft Procurement Requirements $74,592 Final Procurement Requirements $472712 Draft "Plus 4" Requirements $33,936 Final "Plus 4" Requirements $20,160 Draft General/Technical Requirements $69,888 Final General/Technical Requirements $17,472 Procurement Strategy $67,200 RFP $106,848 Demo Scripts $98,784 Evaluation Preparation Deliverable $62,496 Evaluation Results Deliverable $62,496 Total of Part 1 Fixed Fee $898,632 T&M - Negotiations $ 72,584 T&M - Implementation Pre $ 247,296 Total for Part 2 Time & Materials $ 319,880 Total for Parts 1 and 2 $1,218,512 Professional Services Agreement— Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 16 of 23 EXHIBIT D MODULE DESCRIPTION DOCUMENT Functionality Description Typical transactions Core Financials Financial Data The financial data classification structure defines Maintain values for Data Classification the chart of accounts that ERP modules share. Classification structures Structure Typical ERP data classification structures may Group Values for reporting include the following dimensions: purposes • Funds • Maintain additional • Sub -Fund descriptive information General Ledger Accounts (including revenue source codes and expenditures objects) G Departments Hierarchical Organization Structures • Programs Functions • Projects • Grants • Jobs • Locations • Fiscal and Budget Years (for multiple year budgets) The financial data classification structure also includes, for each of these structures, associated reporting attributes such as CAFR fund and account groups or CFDA numbers for grants General Ledger The General Ledger is an integrated central Enter Journals repository of financial data. Numerous types of Reverse Journals financial transactions are recorded in the General Define and Execute Ledger, both directly and through data received from other ERP modules as well from interfacing Recurring Journals external systems. The General Ledger is the key Maintain Month and Year End module used in financial reporting. Close Calendars • Run Reports such as Trial Balances Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth —ERP Phase II Financial Pre -Implementation Page 47 of 23 Budgetary Monitoring and Control This functionality captures the original budget, subsequent budget adjustments and transfers as well as processes the budgetary control edits. Once the approved city budget is loaded into the financial system, financial transactions may be subject to available budget edits at various levels within the chart of accounts for example, Fund, Department and account. Transactions that fail the budgetary control edits can be stopped, posted with a warning message, or not edited. • Enter Original Operating Budgets . Adjust Budgets Transfer Budgets . Monitor Available Budget ' Budgetary Control Thresholds Accounts The Accounts Receivable module is used to • Maintain Customers Receivable and record receivables and payments received • Enter Invoices Cash Receipting against specific customer accounts through • Enter Customer Credit multiple methods of payment. Billing functionality supports the processing of billings and Memos generation of new receivables. Most systems . Enter Customer Payments — also provide functionality to support the collection process (e.g., dunning notices). This module also Billed supports recording cash receipts that are not . Enter Customer Payments — billed. The Cash Receipting functionality supports Unbilled cash drawer and lockbox processing. Finally, this module supports consolidation of daily receipts • Enter Customer Payments — into a daily deposit. Lockbox • Prepare Deposit Issue Statements Prepare Dunning Letters Accounts Payable The Accounts Payable module addresses the • Maintain Vendors (Accounts (Non various means by which the City pays for goods Payable Info) Procurement) and services. The module is used to record . Enter Direct Invoice liabilities and payments. Invoices that are part of the larger procurement process are addressed Generate payments (checks, below. This section addresses the non- ACH files, etc) procurement related invoice and other accounts payable functionalities. The Accounts Payable Enter Vendor Credit Memo module shares the vendor file with the Establish Petty Cash Purchasing module. Additional functionality Reimburse Petty Cash provided by this module includes: • Process 1099 • Direct (non -PO) Invoice processing; . Pay Travel Advance • Payment processing (discounts, holds, check . Enter Employee printing, direct deposit, tax offsets, backup Reimbursement Request withholding); • Managing Petty Cash • Form 1099 processing; and • Employee reimbursement. Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 18 of 23 Fixed Assets The Fixed Asset functionality is used to capture Define Asset and maintain information associated with the • Asset Donations government's leased, capitalized, and non- . Maintain Asset Descriptive capitalized assets. Information maintained in this module includes acquisition cost, asset type, Data location, asset description, model number, serial . Transfer Assets number, insurance information, and replacement cost. Depreciation schedules are used to Retire Assets maintain current asset value. Specific areas of • Run Periodic Depreciation functionality include: Capture Certification Results • Asset creation; • Asset maintenance (including transfers); • Asset depreciation; • Asset disposal; and • Asset retirement. • Track Low -Dollar Assets Project Project Accounting modules address the • Define Project Accounting recording, tracking, and reporting of financial Define Work Breakdown data for projects, either executed internally or Structure through contracts. These modules typically address the key processes for operating and Define Project Plans and capital projects, including budget development, Appropriation Budgets project development, execution, and the project close process. They integrate with fixed assets to Transfer Project Balances settle project costs to the resulting asset. Perform Periodic Allocation of Project budgets are typically linked to a funding Overhead Costs to Project source and the expenditure activity is recorded Monitor Project Financial against the project budget (by pre -defined project Balances task or activity). Project budgetary control requirements are typically addressed within this Perform periodic settlement module. These modules also allow for the of CIP costs reporting of project activity by period or over the life of the project. Capitalize CIP • Close out project Grant Accounting Basic Grant Accounting modules support the Define Grant establishment of a grant budget, and recording of Define Grant Budget expenditure activity against the grant budget Monitor grant revenues and within pre -defined grantor budget categories. These modules also allow for the reporting of expenditures against budget grant activity by period or over the life of the Generate Grant Billing grant award. More sophisticated grant accounting activities would include tracking grant Define and Track Grant applications through to the award and generating Opportunity grant billings for reimbursement of expenditure activity in a manner consistent with grantor Professional Services Agreement— Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 19 of 23 matching requirements. Cost Accounting Costs incurred that are not directly identifiable to Define Cost Allocation Profile a particular cost center, grant, project, etc. still Generate Cost Allocations provide benefit to those elements of the financial data classification structure. The Cost Allocation module provides the capability to allocate to each of these elements its share of indirect or other costs. This capability is particularly important with regard to grants and other funding mechanisms. It is important the full cost of each of these efforts is fully recognized. Cash Core Cash Management functionality includes Import Bank Data Management receiving downloads of processed transactions • Clear Transactions (Automated Bank from a bank interface, clearing checks, deposits Generate Bank Reconciliation Reconciliations) and other bank related transactions, and providing automated support for additional bank Report reconciliation functions, such as recording bank fees. Core Procurement Vendor Vendor Maintenance involves registering • Create vendor records — Maintenance vendors, creating and maintaining information for Procurement Info your suppliers, such as addresses, bank data . Update vendor records and other payment information, catalog information — such as commodities offered. Procurement The Purchasing module provides traditional • Define Commodities (Requisition to procurement functions such as requisitioning, • Create requisitions Invoice) purchase order processing, and goods and/or . Create purchase orders services receipt, as well as invoice processing and matching for Purchase Orders. Receive goods or services Create PO Matched Invoices Inventory Inventory management modules integrate with • Good receipt Management receiving function, track inventory levels, enable • Assign locations stock movements (receipt, transfers, & issues), • Create pick list inventory counts, establish control levels, track valuations, and manage commodities. Good issue • Conduct physical counts • Set reorder points &Procurement Common e-Procurement technologies support Import catalogs web -based vendor registration, on-line catalog Create requisitions procurements, web -based solicitations, and Create purchase orders reverse auctions. • Process approvals • Receive goods Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 20 of 23 Procurement Procurement Card functionality typically includes ' Import Bank Data Card functionality to support the download, Approve or Deny reconciliation, and management of procurement Transactions card transactions. Plus 4 Functions Budget The Budget Development module enables the • Define Budget Versions Preparation development of the City's budget at the Create Position Based department and the entity -wide levels. Budget Budgets (BRASS) Development integrates with both human resources to facilitate salary projections and the Create Operating Budgets financial modules to upload budgetary data for . Create Capital Plans budgetary control. This module is intended to support the analysis of historical expenditure and Track Budget Status budgetary data, allow "what if' analyses, salary . Approve and Finalize and position budgeting, salary projections, and Budgets other types of forecasting. Collaborative Solicitation and sourcing tools enable the Create solicitations Vendor creation and collaborative development, facilitate Manage clauses and terms Solicitations and the publication of solicitation documents, enable and conditions Sourcing the receipt of quotations or bids, support analysis and evaluation of responses, and support Post opportunities analysis of the effectiveness of procurement • Receive bids or quotations function. • Manage solicitation/auction events • Conduct evaluations • Conduct sourcing anal sis Contract Contract module support collaborative • Create contract Management development of contracts, maintain contract • Track edits clauses, track and manage contracts, and . Maintain contract clauses maintain contract supporting documents. Set contract monitoring events Point of Sales Drop boxes and cash registers • Enter sales transactions • Receive payments (Drop boxes, Close out end of day cash registers) Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 21 of 23 EXHIBIT E DESCRIPTION OF EXCLUDED FUNCTIONS Functionality Description Typical transactions Job and Work Order Costing functionality Define Cost Collector Job and Work allows users to: Orders Costing . define cost -collectors for specific • Assign Resources to Job or work efforts, Work Order • accumulate time and payroll • Monitor costs and resource expenses for these work efforts, usage collect expenditure information from • Close out work effort other sources such as accounts payable and procurement, • assign resources such as equipment to the work effort and calculate the associated costs (typically at standard rates) • Close out the work effort Fleet and Other Fleet and other Equipment Management • Define Equipment Equipment functionality includes equipment • Assign Equipment to Maintenance identification, assignment of equipment to Resources specific locations or jobs, parts inventory (Faster) maintenance and processing. More • Record Returns advanced applications also provide fuel . Define maintenance supply management, driver licensing, accident tracking, and risk management schedules functionality. In the context of most ERP • Record Maintenance systems, there are strong ties between Activities fleet, inventory, asset and job costing/work order functionalities. • Generate interdepartmental billings Utility Billing Utility billing covers the breadth of • TBD functionality needed to define large (Homegrown) volumes of utility customers and customer types, maintain accounts for each type of utility billed, collect utility consumption information from a variety of input sources (such as hand-held meter readers), generate bills for these customers using pre -defined rate structures, collect payments for these from a variety of sources, including mail, walk-up, internet, IVR Phone touch tone Professional Services Agreement — Salvaggio, Teal &Associates City of Fort Worth —ERP Phase II Financial Pre -Implementation Page 22 of 23 payments) and lockbox and providing the appropriate accounting transactions for these events to the general ledger. It also covers a variety of other customer service functions such as recording disputes, and assigning payment plans and terms. Project Management While the project accounting functionality Define Project Work discussed above helps analyze financial Breakdown Structure (CPMS) information related to projects, extended Plan Resources project management functions assist in the actual planning and execution of the Plan Timeline work. This includes defining project Run Reports — Plan to Actual activities at lower levels of detail than are needed for accounting purposes, assigning human and equipment resources to the activities, planning start and end times, and supporting project management analytical activities such as identifying project critical paths. Long Term Debt and Long term debt and investment • Issue Debt Investments functionality provides support for • Run Periodic Amortization (Treasury Support) purchasing and accounting for • Initiate Debt Service investments and debt instruments such (Outsourced, as bonds or certificates of obligation. Payments Homegrown) 0 Purchase Investments • Redeem Investments • Record Interest and other periodic transactions • Allocate Interest to Investment Pool Participants Revenue Contract Revenue contract management • Define Sales Items Management functionality supports the customer side • Enter Customer Quote of contracts, including quotes for . Enter Customer Contract services, contracts, sales orders, service delivery, and, in some products, detailed • Enter Customer Sales Order billing that captures quantities and units . Enter Delivery of Goods or of measures that are not necessarily maintained in the Accounts Receivable Service system. • Bill Customer • (See A/R for Payment processing) Professional Services Agreement— Salvaggio, Teal &Associates City of Fort Worth — ERP Phase II Financial Pre -Implementation Page 23 of 23 1Vi&C Review Page 1 of 2 CITY COUNCIL AGENDA DATE: 6/2/2009 CODE: C REFERENCE NO.. TYPE: C-23563 NON - CONSENT Official site of the City of Fort Worth, Texas LOG NAME: 04SALVAGGIO TEAL AND ASSOCIATES PUBLIC NO HEARING: SUBJECT: Authorize the Execution of a Consulting Agreement with Salvaggio, Teal and Associates for Enterprise Resource Planning, Phase 2 -Financial Management Systems in an Amount Not to Exceed $1,218,512.00 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1,218,512.00 in the Specially Funded Capital Projects Fund; and 2. Authorize the City Manager to execute a Consulting Agreement for Steps 1 and 2 of Enterprise Resource Planning, Phase 2 -Financial Management Systems with Salvaggio, Teal and Associates Consulting in an amount not to exceed $1,218,512.00. DISCUSSION: On May 15, 2007, City Council approved M&C C-22133 to contract with Salvaggio, Teal and Associates (STA) as the City's Principal Enterprise Resource Planning (ERP) Consultant to guide the first phase of the City's ERP initiative for Human Resources and Payroll. Similar to ERP, Phase 1 - HR/Payroll, this Consulting Agreement with STA will be structured to consist of three distinct steps for ERP, Phase 2 - Financial Management Systems: Step 1: Project initiation through vendor selection includes planning, requirements developments, Request for Proposal (RFP) development, solicitation oversight, proposal evaluation and vendor selection; Step 2: Contract negotiations and implementation preparation includes negotiation strategy development, negotiation execution, contract development and implementation preparation; and Step 3: Implementation oversight includes quality assurance, project management guidance, implementation guidance, issue and risk management, integration and testing facilitation, training facilitation, go -live and post -go -live guidance and support. Successful completion of the project will require extensive City staff involvement in addition to staff already dedicated to ERP, Phase 1 - HR/Payroll. The current high level estimate targets project completion in the first quarter of Fiscal Year 2013. Approval of this appropriation is for funding of Steps 1 and 2 only. It is anticipated that the expenditures for Steps 1 and 2 will be reimbursed upon the issuance of debt for the ERP Project. The City Council will receive periodic updates and staff will bring back appropriate funding request for Step 3. A project of this magnitude will require significant financial commitment from this City Council and future City Councils. Steps 1 and 2 of the STA Consulting Agreement for ERP Phase 2 have a cost not to exceed $1,218,512.00. As a point of comparison the total cost for STA for Steps 1 and 2 of ERP, Phase 1 - HR/Payroll was $995,847.00. ERP, Phase 2 -Financial Management Systems is anticipated to be a larger and longer project than ERP, Phase 1 which accounts for the higher cost. Staff anticipates that it will take at least two and one-half years to fully implement Phase 2 of the ERP Project and it is estimated that the total cost will be at least $36,000,000.00 to $45,000,000.00, including software, hardware, implementation services and additional staff contractual positions. Cost projections may vary from this estimate. M/WBE -Salvaggio, Teal and Associates (STA) is in compliance with the City's M/V1/BE Ordinance by http://apps.cfwnet.org/council�acket/mc_review.asp?ID=11723&councildate=6/2/2009 6/2/2009 M&C Review Page 2 0� 2 committing to seven percent participation on this project. The City's goal on this project is seven percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 04SALVAG_GIQ TEAL AND ASSOCIATES AC`�.doc FROM Fund/Account/Centers C291 539120 041030078410 $1, 218, 512.00 Karen Montgomery (6222) Peter Anderson (8781) Mai Tran (8858) http://apps.cfwnet.org/council�acket/mc review.asp?ID=11'723&councildate=6/2/2009 6/2/2009 r Ordinance No. AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF $1,218,512.001 FOR THE PURPOSE OF FUNDING THE ENTERPRISE RESOURCE PLANNING, PHASE 2 PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2008-2009, there shall also be increased estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,218,512.00, for the purpose of funding the Enterprise Resource Planning, Phase 2 Project. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 18283 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: