HomeMy WebLinkAboutContract 39319-A1 (2)ITY SECRETARY 3 � 319i i
CONTRACT Wo
STATE OF TEXAS 9 FHtST AMENDMENT TO
§ CITY SECRETARY CONTRACT
COUNTY OF TARRANT § N0.39319
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 39319 ("First Amendment") is
made and entered into by and between THE CITY OF FORT WORTH, a home -rule municipal
corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City
Manager, and NASPWEST, LLC., an Ohio limited liability company ("Consultant"), acting by and
through its duly authorized Vice President.
WHEREAS, on September 22, 2009 the Fort Worth City Council approved M&C C-23786,
authorizing execution of an agreement with Consultant for staff augmentation services related to phase -
two reconciliation of the financial accounts of the City's Municipal Court Services; and
WHEREAS, pursuant to this authorization, City and Consultant made and entered into a
Professional Services Agreement, the same being City Secretary Contract No. 39319 ("Agreement"); and
WHEREAS, on March 8, 2011, the Fort Worth City Council approved M&C C-24770,
authorizing amendment of the Agreement to increase compensation by $85,000.00 to address additional
services required from the Consultant.
NOW, THEREFORE, City and Consultant do hereby agree as follows:
1.
That Section 3, "Compensation," of City Secretary Contract 39319 is amended to delete subsection (a) in
its entirety and enact a new subsection (a) to read as follows:
a} Consultant's compensation, including travel reimbursement, is set forth in Appendix "B"
hereto and incorporated herein. The maximum amount to be paid to Consultant for all
services rendered on the number of hours and expenses shad not exceed One Hundred
Sixty Thousand and Six Dollars and No Cents ($160,006.00). In the event that completion
of the Services takes more time and poses a higher cost than anticipated at the time of
entering into this Agree ization from the Fort Worth City Council
shall be required. The M�%E�o work and/or expenses in excess of the
estimate attached as Ap 'E6�E`�'F1 a time and materials basis at the same rates
set forth therein.
FTs WORTH, TX
All other portions of Section Three, "Compensation," shall remain in full force and effect
throughout the initial term and any renewals.
That Appendix "B" of City Secretary Contract 39319 is hereby deleted in its entirety and replaced with a
revised Appendix "B." which is attached hereto and incorporated herein by reference.
That all other provisions of City Secretary Contract 39319 that are not expressly amended herein shall
remain in full force and effect throughout the term of the Agreement and any renewals.
Executed on this the -1 day of �'� �z , 2011.
CITY OF FORT WORTH, TE S NAsHWEST, LLC.
W. Daniels
Assistant
City Manager
Date Signed. (� z
ATTEST:
Marty Hendrix
City Secretary
APPROVED! AS TO FORM
Assistant City
M&C C-24770
Kat West
Vice President
Date Signed:
WITNESS:
TE SEAL:
APPENDIX B:
Part I
OCA Reporting lus 136 $150.00 $20,400
End of Year Reporting hrs 15 $150.00 $2,250
Miscellaneous Cleanup hrs 10 $150.00 $13500
Ad Hoc Reports Requested hrs 18 $150.00 $2,700
Tickler Assessment hrs 88 $150.00 $13,200
Security Configurations hrs 76 $150000 $11,400
Discovery/Issue Resolution hrs 120 $150.00 $18,000
463.00
LABOR TOTAL $ 69,450.00 $6%450
Discount percentage [10 %] $6,945
Total Labor Cost $62,505
Travel Expense_
Air fare @ $400/round trip flights 0 $400.00 $0
Hotel @ $130/day days 0 $130.00 $0
Car Rental @ $360/wk wks 0 $360.00 $0
Gas @ $20/wk wks 0 $ 20.00 $0
Airport Parking @ $50/wk wks 0 $ 50.00 $0
Mileage to airport @ $40/wk wks 0 $ 40.00 $0
Per diem @ $44/day (person) days 0 $ 44.00 $0
Total $0
Total Labor Cost $62,505
20% Contingency $125501
Total Part I Cost Estimate $759006
notes:
1. This quotation is a Time and Materials estimate of services. Actual costs maybe greater or less than
estimate. NashWest, LLC will not exceed the estimated costs without written authorization from the
client.
2. Travel costs are estimated in the quotation and will be invoiced based on actual costs.
3. This quotation is subject to the terms of the Professional Service Agreement between the City of Fort
Worth and NashWest, LLC.
4. This estimate is based on a preliminary and high level review of the requirements. Investigation may
show that additional time is required.
First Amendment to Contract No. 39319 Page 3 of 5
APPENDIX B:
TASK
ANALYSIS/KAT
HRS
SCRIPTS/DAVE
HRS
OCA REPORTING
Case Disposition O tions-WIP/KAT
24
JV/MN Action Codes - WIP/Dave
40
SCR Columns - WIP - Dave
8
Magistrate Activity - we need to track
additional categories
32
Generation of OCA reports
16
Validate data on OCA reports
16
EOY REPORTING
Cleanup Penalty dockets (inappropriate PEN
dockets)
7
Generate EOY reports
8
MISC CLEANUP
Null docket dates (WIP - might be near
completion now)
2
Correct the Pedestrian Court Costs -
(707713P5 07713W3 02717P3 02717W)
8
AD HOC REPORTS REQUESTED
AR Over ayments (Audit control report)
6
Reapply overpayments made on AR cases
12
TICKLER ASSESSMENT
Assessment of Ticklers
40
Code Configuration Corrections
8
Data Cleanup
40
CV SECURITY ASSESSMENT
Assessment of existing CV controls
60
Security configurations
16
DISCOVERYASSUES RESOLUTION
identification of Issues
40
Resolution of Issuess
40
40
TOTAL HOURS per resource
354
109
TOTAL HOURS
463
First Amendment to Contract No. 39319 Page 4 of 5
PART II
ACCOUNT RECONCILIATION (AMENDED)
In order to expedite the completion of the CourtView Reconciliation activity, vendor support is to begin immediately,
without delay.
Labor
CourtView Security hrs 120 $150.00 $181000
OCA Reporting hrs 150 $150.00 $225500
DPS Reporting hrs 159.5 $150.00 $239925
Escrow Accounts hrs 200 $150.00 $305000
TOTAL LABOR 629.50 $94,425.00
Discount percentage [10 %]
Total Labor Cost
Total Part II Cost Estimate
$94,425.00
$9,442.50
$84,982.50
$84,982.50
Please provide supporting detail through hour and cost estimates for each of the cleanup items in section 3.2. Please also
provide the target start date, based on your staff availability.
TOTAL —
PART I plus PART II
$159,988.50
First Amendment to Contract No. 39319 Page 5 of 5
City of Fort Worth, Texas
Mayor and councii C1 1
unication
COUNCIL ACTION: Approved on 3/8/2011 —Ordinance No. 19575-03-2011
DATE: Tuesday, March 08, 2011 REFERENCE NO.: **C-24770
LOG NAME. 38NASHWEST5
SUB.IECT:
Authorize Amendment to City Secretary Contract No. 39319 with NashWest, LLC, Increasing Compensation
by $85,000.00 for Phase II Reconciliation of the Municipal Court Services Financial Accounts and Adopt
Supplemental Appropriation Ordinance Increasing Appropriations in the General Fund by $85,000.00 and
Decreasing the Unaudited, Unreserved, Undesignated General Fund Fund Balance by the Same Amount
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to amend City Secretary Contract
No. 39319 with NashWest, LLC, for Phase II Reconciliation of the
Municipal Court Services Financial Accounts to increase
compensation by $85,000.00 for a total projected compensation of
$160,006.00; and
2. Adopt the attached supplemental appropriation ordinance
increasing appropriation in the General Fund by $85,000.00 and
decreasing the unaudited, unreserved, undesignated General Fund
fund balance by the same amount.
�Y�lll►�.�L����
On December 2, 2008, the City Council approved M&C
C−23194, which authorized execution of a contract with
NashWest, LLC, for staff augmentation associated with reconciling
the Municipal Court Services financial accounts. The Phase I
project under this contract identified numerous issues specific to
the financial processing of citations in the CourtView case
management system. The key concern was inaccurate distribution
A accounts for some citations resulting in the incorrect calculation
of fines and fees owed to the State, Municipal Court and to
citizens. Among the identified sources of the problems were
pre—existing mainframe errors in the distribution of accounts and
the processing of payments, conversion errors in the distribution of
accounts along with pre and post go live errors in the setup of
financial related codes.
On September 22, 2009, the City Council approved M&C
C-23786, which authorized execution of a contract for Phase II
Reconciliation of the Municipal Court Services financial accounts.
The Municipal Court Services Department information technology
staff has two major projects in process: the external collections
initiative and the financial reconciliation project. In the process of
addressing previously identified issues related to compromised
data on old cases in order to prepare them for referral to collections
new or previously undetected issues impacting financials have
been identified and resolved. The constant monitoring of the
system for unintended consequences from clean—up tasks coupled
with running and rerunning data to resolve errors have required
additional work from NashWest not previously anticipated.
Additionally, legislative changes have added a new moving
violation fee and resulted in the creation of the Juvenile Case
Manager fee and NashWest has been monitoring and reconciling
data to ensure that the system changes implementing these new
fees are operating properly and not causing unintended
consequences to pre—existing calculations.
Additionally, the Department incurred additional billable hours
from NashWest, LLC, associated with responding to questions
from the auditors preparing the CAFR, ongoing Texas Department
of Public Safety Reports and legal case research. Paying for the
assistance with these items caused the total compensation to
exceed the projected amount that was authorized in M&C
C-23786. Additionally, the completion of the tasks outlined in the
original statement of work and the newly identified tasks outlined
above will require additional funding. It has been determined that
$22,000.00 is needed to compensate NashWest, LLC, for services
rendered to date and that an additional $63,000.00 is needed to
complete the high priority reconciliation tasks. With these
increases, the final compensation under the contract will be
$1607006.009
M/WBE— Due to NashWest, LLC's involvement in the original
contract and familiarity with the system, a departmental request for
waiver of M/WBE subcontracting requirements was submitted by
the Municipal Court Services Department. The waiver was
approved on August 172009 , .
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon
approval of the above recommendations and adoption of the
attached supplemental appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the
General Fund. Upon approval, the unaudited, unreserved,
undesignated fund balance of the General Fund will exceed the
minimum reserve as outlined in the Financial Management Policy
Statements.
FUND
CENTERS:
TO
Fund/Account/Centers
FROM Fund/Account/Centers
2) GGO1 539120 0381000 $85.000.00 1) GGO1 539120 0381000
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6183)
Originating Department Head: Deidra Emerson (6711)
Additional Information Contact: Deidra Emerson (6711)
ATTACHMENTS
1. 38NASHWEST 5 AO.doc
2. approved waiver request 1.31.pdf
3. CV PhaseII AccountReconciliation SOW 8-11-09.doc
4. fundingverifcation.pdf
5. fundingverification.doc
6. NashWest supplemental aPProl2riation M&C.pdf
7. Phase II Contract.pdf
8. Phase II Status 01-14-11.12df
4NTRAG is to � y
AGREEMENT FOR PROFESSIONAL SERVICES
ORIGINAL (PHASE II)
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and
entered into by and between THE CITY OF FORT WORTH, a home -rule municipal
corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant
City Manager, and NASHWEST, LLC. ("Consultant"), acting by and through its duly authorized
Vice President.
1. Services. Consultant covenants and agrees, with good faith and due diligence, to
fully perform or cause to be fully performed all objectives assigned to it and described in the
document entitled "Phase II — Account Reconciliation," which is attached to this Agreement as
Appendix "A" and incorporated herein for all purposes as though it were set forth at length. The
actions and objectives contained in the Statement of Work are referred to herein as the
"Services."
2. Term. Services sh 11 be provt d by Consultant for a term beginning October 1, 2009
and ending when City determines the Services are complete, or March 31, 2010, whichever
occurs later.
3. Compensation.
a) Consultant's compensation, including travel reimbursement, is set forth in
Appendix "B" hereto and incorporated herein. The maximum amount to be paid
to Consultant for all services rendered on the number of hours and expenses shall
not exceed Seventy -Five Thousand and Six Dollars and No Cents ($75,006.00).
In the event that completion of the Services takes more time and poses a higher
cost than anticipated at the time of entering into this Agreement, additional
authorization from the Fort Worth City Council shall be required. The parties
agree that any work and/or expenses in excess of the estimate attached as
Appendix "B" shall be on a time and materials basis.- afthe sarne'Tates k forth
therein.
Professional Services Agreement with NashWest, LLC. (Phase II) Page 1 of 10
b) Payments to Consultant will be made as follows:
i. The Consultant will issue monthly invoices for all work performed under
this Agreement no later than the 15th day following the end of the month.
Invoices are due and payable within 30 days of receipt.
ii. The Consultant shall provide the City with signed time sheets
documenting the time spent on the Services and expense reports with
verifications or receipts on a periodic basis and the same shall be sufficient
documentation to substantiate all invoices. If the City requires additional
reasonable documentation, it shall request the same promptly after
receiving the above -described information, and the Consultant shall
provide such additional reasonable documentation to the extent the same is
available.
iii. On full and final completion of the Services, Consultant shall submit a
final invoice, and City shall pay any balance due within 30 days of receipt
of such invoice.
iv. In the event of a disputed or contested billing, only the portion so
contested will be withheld from payment, and the undisputed portion will
be paid. City will exercise reasonableness in contesting any bill or portion
thereof. No interest will accrue on any contested portion of the billing
until the contest has been mutually resolved.
v. City shall make payment in full to Consultant for contested billings within
60 days of the date the contested matter is resolved. If City fails to make
such payment, Consultant may, after giving 7 days' written notice to City,
suspend services under this Agreement until paid in full, including interest
calculated from the date the billing contest was resolved. In the event of
suspension of services, Consultant shall have no liability to City for delays
or damages caused to City because of such suspension of services.
Professional Services Agreement with NashWest, LLC. (Phase II)
Page 2 of 10
4. Termination. Either Party may terminate this Agreement at any time, with or without
cause, by providing Consultant with thirty days written notice of termination. In the event this
Agreement is terminated prior to expiration of the Term, City shall pay Consultant only for
Services actually rendered and travel expenses actually incurred as of the effective date of
termination.
5. Independent Contractor. Consultant shall operate hereunder as an independent contractor
and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive
control of and the exclusive right to control the details of the Services performed hereunder, and
all persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, and subcontractors. The doctrine of respondeat superior
shall not apply as between the City and Consultant, its officers, agents, servants, employees, or
subcontractors. Nothing herein shall be construed as creating a partnership or joint
enterprise between City and Consultant. It is expressly understood and agreed that no officer,
agent, servants, employee, or subcontractor of Consultant is in the paid service of City.
6. Liability and Indemnification. CONSULTANT AGREES TO DEFEND, INDEMNIFY,
AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND
EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE
OCCASIONED BY (1) CONSULTANT'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (11) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR
SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT;
EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT
APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE
CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND
W THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S
GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS.
Professional Services Agreement with NashWest, LLC. (Phase II) Page 3 of 10
Consultant shall require all of its subcontractors to include in their subcontracts a release
and indemnity in favor of City in substantially the same form as above.
This Section 6 shall survive the expiration or termination of this Agreement.
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 as well as any and all other public risks related to Consultant's performance of its
obligations under this Agreement. Consultant shall specifically obtain the following types of
insurance at the following limits:
• Commercial General Liability:
$1,000,(?00 per occurrence; providing blanket contractual liability insurance products
and completed operations, independent contractor's liability; and coverage for
property damage to City facilities; and
• Worker's Compensation/Emuloyer's Liability:
Worker's compensation coverage as required by applicable law; and Employer's
Liability at $100,000 per accident.
• Errors &Omissions (Professional Liability):
If coverage is written on a claims -made basis, the retroactive date shall be coincident
with or prior to the date of the contractual agreement. The certificate of insurance
shall state that the coverage is claims -made and include the retroactive date. The
insurance shall be maintained for the duration of the contractual agreement and for
five (5) years following completion of the service provided under the contractual
agreement or for the warranty period, whichever is longer. An annual certificate of
insurance submitted to the City shall evidence coverage. Coverage shall be in the
following amounts:
Professional Services Agreement with NashWest, LLC. (Phase II) Page 4 of 10
(1) $11000,000
(a> $a,000,aoo
per occurrence or claim
Consultant shall promptly 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. Assi ng ment• Consultant shall not assign or subcontract all or any part of its rights,
privileges, or duties under this Agreement without the prior written consent of City. Any
attempted assignment of subcontract without the City's prior written approval shall be void and
constitute a breach of this Agreement.
If 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 prior to the assignment. If the City grants consent
to a subcontract, the subcontractor shall execute a written agreement with the Consultant
referencing this Agreement under which the subcontractor shall agree to be bound by the duties
and obligations of the Consultant under this Agreement as such duties and obligations may
apply. The Consultant shall provide the City with a fully executed copy of any such subcontract.
9. Compliance with Law. Consultant, its officers, agents, servants, employees, and
subcontractors, shall abide by and comply with all laws, federal, state and local, including all
ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the
attention of Consultant any such violation on the part of Consultant or any of its officers, agents,
servants, employees, or subcontractors, then Consultant shall immediately desist from and
correct such violation.
Professional Services Agreement with NashWest, LLC. (Phase II) Page 5 of IO
1us Non -Discrimination. In the execution, performance, or attempted performance of this
Agreement, Consultant will not discriminate against any person or persons because of disability,
age, familial status, sex, race, religion, color, national origin, or sexual orientation, nor will
Consultant permit its officers, agents, servants, employees, or subcontractors to engage in such
discrimination.
This Agreement is made and entered into with reference specifically to Chapter 17,
Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in
Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its
officers, agents, employees, and subcontractors have fully complied with all provisions of same
and that no employee or employee -applicant has been discriminated against by either Consultant,
its officers, agents, employees, or subcontractors.
11. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3)
years after final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of the Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during normal
working hours to all necessary Consultant facilities and shall be provided adequate and
appropriate workspace 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 of its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall, until the expiration of
three (3) years after final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers and records of such subcontractor involving
transactions 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 workspace in
order to conduct audits in compliance with the provisions of this paragraph. City shall give
subcontractor reasonable advance notice of intended audits.
This Section 11 shall survive the expiration or termination of this Agreement.
Professional Services Agreement with NashWest, LLC. (Phase II) Page 6 of f0
12. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City
in any fiscal period for any payments 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 City of any kind whatsoever, except as to the
portions of the payments herein agreed upon for which funds shall have been appropriated.
13. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity,
arise out of the execution, performance, attempted performance of this Agreement, venue for
said action shall lie in Tarrant County, Texas.
14. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other
Party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address
of the other Party shown below,
Charles W. Daniels, Assistant City Manager
City of Fort Worth
1000 Throckmorton St.
Fort Worth, Texas 76102
(817) 392-8518
Kat West, Vice President
NashWest, LLC
526 W. Aurora Rd. 350
Sagamore Hills, Ohio 44067
(216) 496-2323
15. Non -Waiver. The failure of either Party to insist upon the performance of any term or
provision of this Agreement or to exercise any right herein conferred shall not be construed as a
waiver or relinquishment to any extent of City's or Consultant's right to assert or rely on any
such term or right on any future occasion.
16. 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 provision of the Services. In the event that any conflicts of
interest arise after the execution of this Agreement, Consultant hereby agrees to make full
disclosure to the City in writing immediately upon learning of such conflict.
Professional Services Agreement with NashWest, LLC. (Phase II) Page 7 of IO
The City acknowledges that Consultant may use products, materials, or methodologies
proprietary to Consultant. The City agrees that Consultant's provision of services under this
Agreement shall not be grounds for the City to have or obtain any rights in such proprietary
products, materials, or methodologies unless the Parties have executed a separate written
agreement with respect thereto. Notwithstanding the foregoing, Consultant understands and
agrees that the City is subject to various public information laws and regulations, including, but
not limited to, the Texas Public Information Act. Consultant, for itself and its officers, agents,
servants, employees, and subcontractors, further agrees that it shall treat all information provided
to it by the City as confidential and shall not disclose any such information to any third party
without the prior written approval of the City.
17. Minority and Woman Business Enterprise Participation. In accordance with City
Ordinance No. 15530, the City has goals for the participation of minority business enterprises
and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the
M/WBE goal established for this Agreement and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of
fraud by the Consultant may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3) years.
18. Governmental Powers. Both Parties agree and understand that the City does not waive or
surrender any of its governmental powers by execution of this Agreement.
19. 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.
20. Force Majeure. If either party is unable, either in whole or part, to fulfill its obligations
under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; WAS
A public enemies; wars, blockades; insurrections, riots; epidemics; public health crises;
earthquakes; fires, floods; restraints or prohibitions by any court, board, department,
commission, or agency of the United States or of any state; declaration of a state of disaster or of
Professional Services Agreement with NashWest, LLC. (Phase II) Page 8 of 10
emergency by the federal, state, county, or City government in accordance with applicable law;
issuance of a Level Orange or Level Red Alert by the United States Department of Homeland
Security; any arrests and restraints, civil disturbances, or explosions; or some other reason
beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of such
event.
21. 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.
22. Amendment. No amendment, modification, or alteration of the terms of this Agreement
shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly
executed by the parties hereto,
23. Entire Agreement. This written instrument (together with any attachments, exhibits, and
appendices) constitutes the entire understanding between the Parties concerning the work and
services to be performed hereunder, and any prior or contemporaneous, oral or written agreement
that purports to vary from the terms hereof shall be void.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Professional Services Agreement with NashWest, LLC. (Phase II) Page 9 of 10
EXECUTED in multiple originals on this, the h day of QA v, 2009.
CITY OF FORT WORTH, TEXAS
Assistant City Manager
Date Signed:
ATTEST:
Marty Hend x
City Secretary
APPROVED
AND LEGAI
��4 1�
Dens C.
Assistant
M&C C-23786
TO FORM
NASHWEST� LLC.
Kat West
Vice President e r
Date Signed: C
WITNESS:
CORPORATE SEAL:
Professional Services Agreement with NashWest, LLC. (Phase II) Page 10 of 10
Appendix A
Phase II — Account Reconciliation
1. Overview
Due to concerns regarding inaccurate distribution of accounts for a percentage of citations resulting in the incorrect
calculation for fines owed to the State, Municipal Court, and to citizens, there is consequently a need to thoroughly
investigate, document and resolve the financial system problems.
Phase 11 deliverables shall include Office of Court Administration and End -of -Year Reports and cleanup of the
accounts balances in the escrow accounts.
This post -implementation project is to complete the updates and regeneration of the CourtView financial reports,
complete the remaining financial data cleanup items, and assess and perform the impacted financial
configurations.
1.1 Scope:
As per the original project, the scope is as follows:
a) The project will perform an assessment of CourtView data to identify and correct/cleanup problems
regarding:
■ The accurate reporting of the fines and fees collected by Municipal Court
■ The accurate reporting of the distribution of Court Costs
■ The accurate reporting of the amount owed by CFW to the State
■ The accurate reporting of the amount owed by CFW to citizens
■ The accurate reporting of the converted case data from mainframe into CourtView
b) The project will perform the required cleanup of financial data and perform the required code and system
changes to:
■ correct the accruals and ending balances of accounts
■ ensure the ongoing reconciliation of court accounts on the general ledger
■ ensure the above mentioned reporting (reference: section 2a) is correct
c) The project will ensure effective business procedures, testing, issues management and change control
procedures are in place for the processing of current and future CourtView financial data.
d) The project will ensure the appropriate audit control procedures are implemented to ensure the integrity of
the CourtView financial data.
Out of Scope:
a) The project does not include the reconciliation and cleanup of converted citation activity (cases created
prior to December 5'h 2005 with no financial activity after December 5'h 2005)
1.2 Objectives:
In order to ensure the accurate reporting of COurtVleW financials, the following activities will WHO WIMU I
Data Analysis: Perform an assessment of the CourtView financial data and document problems
encountered.
Problem Resolution: Develop solutions for problems identified.
Develop: Develop multiple database scripts and/or manual updates procedures.
Corrections: Perform the necessary CourtView code setup and data cleanup in the TEST
environment and implement the changes in the PRODUCTION environment after
thorough testing has been performed.
Provide final copies of the update scripts, and cleanup/update results.
The remaining cleanup tasks, to be performed with the support of the vendor, are as follows:
CLEANUP OF ESCROW ACCOUNTS
Programmatic
cleanup
of
COLL escrow accounts (WIP)
Programmatic
cleanup
of
DEFERRED DISP escrow accounts
Programmatic
cleanup
of
Misc escrow accounts
OCA REPORTING
Case Disposition Options —WIP
JV/MN Action Codes —WIP
SCR Columns —WIP
Magistrate Activityneed to track additional categories
Generation of OCA reports
EOY REPORTING
Cleanup Penalty dockets (Inappropriate PEN dockets)
Generate EOY reports
MiSC CLEANUP
Null docket dates (WIP -might be near completion now)
Pedestrian Court Costs - (707713P, 07713W, 02717P, 02717W)
AD HOC REPORTS REQUESTED
AR Overpayments (Audit control report)
Data Cleanup
FINANCIAL TICKLER ASSESSMENT
Assessment of financial ticklers
Code configuration corrections
Data cleanup
CV SECURITY ASSESSMENT
Assessment of existing CV controls
Security configurations
MANUAL CFW CLEANUP
Cases with bad/invalid offenses (action code) and/or invalid docket dates
(date of offense) (approx 165 cases)
Assumptions:
Resources
■ Resources will be available as needed to perform scheduled/assigned duties.
Data Analysis
■ The core team will be able to quickly review the high volume of QA reports.
■ Various QA summary reports will adequately facilitate the data analysis activities.
■ The designated review team will have the required level of knowledge to effectively review and
analyze the CourtView data.
Resolution Planning
■ The team will provide a quick turnaround in resolving the identified problems
• Minimal CourtView system changes will be required.
Cleanup
• The data issues identified may be resolved via batch processing (database scripts).
Manual corrections will be minimal.
Risks: WA
NashWest, LLC
526 West Aurora Road #350
Sagamore Hills, OH 44067
Appendix B
Quotation: CFW2009-014
Project: Consultation
Date: 06/17/09
Expires: 60 days
Task
Unit
G1wall sy
Unit Cost
Total
Qroup Tptai
Labor
OCA Reporting
hrs
136
$
150.00
$20,400
End of Year Reporting
hrs
15
$
150.00
$2,250
Miscelaneous Cleanuphrs
10
$
150.00
$1,500
Ad Hoc Reports Requested
hrs
18
$
150.00
$2,700
Tickler Assessment
hrs
88
$
150.00
$13,200
Security Configurations
hrs
76
$
150.00
$119400
Discovery/Issue Resolution
hrs
120
$ 150.00
$18,000
TOTAL LABOR
463.00
$ 69,450.00
$69,45
Discount percentage 10 %
$6,945
Total Labor Cost
$W 505
Travel Expenses
Air fare@ $400/round tri
flights
0
$
400.00
$0
Hotel 0 $130/day
days
0
$
130.00
$0
Car Rental @ $360/wk
wks
0
$
360.00
$0
Gas 0 $20/wk
wks
0
$
20.00
$0
Airport Parkin ® $x50/wk
wks
0
$
50.00
$0
Mileage to airport @ 40/wk
wks
0
$
40.00
$0
Per diem @ $44/da(person)
da
0
$
44.00
$0
TOTAL EXPENSES
Total
$62 kn
,
20% Contingency
Total Project Cost Estimate
$75 00
Notes:
1. This quotation is a Time and Materials estimate of services. Actual costs may be
greater or less than estimate. NashWest will not exceed the estimated costs without written
authorization from the client.
2. Travel costs are estimated in this quotation and will be invoiced based on actual costs.
3. This quotation is subject to the terms of the Professional Services Agreement between
the City of Fort Worth and NashWest, LLC,
4. This estimate is based on a preliminary and high level review of the requirements.
Investigation may show that additional time is required.
M&C Review
Page I of 2
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 9/22/2009
Official site of the Cny (t Fart %north. texas
FORT VVORTII
DATE: 9/22/2009 REFERENCE NO.: **C-23786 LOG NAME: 38NASHWEST4
CODE: C TYPE: CONSENT PUBLIC NO
HEARING: SUBJECT: Authorize a Contract for Staff Augmentation Services with NashWest, LLC, for the Phase If
Reconciliation of the Municipal Court Services Financial Accounts for a Cost of $75,006.00
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract for staff
augmentation services with NashWest, LLC, for the Phase II Reconciliation of the Municipal Court
Services financial accounts for a projected cost of $75,006.00.
DISC.I�SSION:
On December 2, 2008, the City Council approved M&C C-23194, which authorized execution of a
contract with NashWest, LLC, for staff augmentation associated with reconciling the Municipal Court
Services financial accounts. The Phase I project under this contract identified numerous issues
specific to the financial processing of citations in the CourtView case management system. The key
concern was inaccurate distribution of accounts for some citations resulting in the incorrect
calculation of fines and fees owed to the State, Municipal Court and to citizens. Among the identified
sources of the problems were pre-existing mainframe errors in the distribution of accounts and the
processing of payments, conversion errors in the distribution of accounts and pre and post go -live
errors in the setup of financial related codes.
Most of the Court's required financial reports were included in the Phase I contract along with cleanup
of some major account balances. Those items and the remainder of the scope of work for the Phase I
contract were all successfully completed. However, certain tasks were intentionally omitted from the
Phase I scope of work so that efforts could be focused on higher priority items. These remaining
tasks are necessary for the Municipal Court to complete the financial reconciliation process and
include reports relating to the Office of Court Administration and End -of -Year as well as the cleanup
of escrow accounts and a few other incidental items. Completion of these activities will be the primary
focus of the Phase II Reconciliation project.
MNVBE —Due to NashWest, LLC's involvement in the original contract and familiarity with the
system, a departmental request for M/WBE subcontracting requirements was submitted by the
Municipal Court Services Department. The waiver was approved on August 17, 2009.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
TO Fund/Account/Centers
FROM. Fund/Account/Centers
GG01 539120. 0381000 �75.,006.00
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12255&councildate=9/22/2009 10/13/2009
Page 2 of 2
wommed_for.City Manager's Office by:
Or inat ng_De�artment_Head.
Additional Information Contact:
ATTACHMENTS
Charles Daniels (6183)
Deidra Emerson (6711)
Deidra Emerson (6711)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12255&eouncildate=9/22/2009
10/I 3/2009