HomeMy WebLinkAboutContract 39491-A1 (3)�'lPJ]F-.I C] �fUiENT NO. 1 TO
CITY SECRETARY CONTRACT NO, 39491
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF FORT WORTH
AND
®IGITAL INTELLIGENCE SYSTEMS CORPORATION
This Amendment No. 1 ("Amendment") to City Secretary Contract No. 39491 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 Digital Intelligence Systems Corporation, ("Consultant"), a Virginia
Corporation and acting by and through Mahfuz Ahmed its duly authorized president and CSO
collectively referred to as the "parties."
RECITALS
The following provisions are true and correct and form the basis of this Amendment:
WHEREAS, on or about November 12, 2009, the parties entered into a Professional Services
Agreement ("Agreement") for professional consulting services for staff augmentation under the
terms and conditions set forth in the Agreement. The Agreement is a public document on file in
the City's Secretary Office and referenced as City Secretary Contract No. 39491, and
WHEREAS, the parties wish to amend the Agreement to increase the annual compensation for
the deliverables and modify other terms and conditions as set forth in this Amendment.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, the City and Consultant agree as follows:
Section 3 COMPENSATION is hereby amended to read as follows:
The City shall pay Consultant per terms of individual executed work orders in
accordance with Exhibit "B," "Professional Hourly Rates and Permanent Placement Cost," which
is attached hereto and incorporated for all purposes incident to this Agreement. Each individual
work order shall be listed as Appendix 13-1, Appendix 13-2, Appendix 13-3 and so forth, and each
work order shall be attached and incorporated into the Agreement. Each work order shall set
forth the name of the personnel to provide the services, the specific project to which the
personnel will be assigned; the specific services to be provided by the personnel; the start and
end date of the work to be performed; the hourly rate or salary of the personnel; and any other..
regulations as agreed to by the parties that may apply to the specific personnel. ffICIAL. RECORD
CITY SECRETARY
cT. WnRTH0 TX
09-1 0-1 0 f\1 U:49 I N
The total aggregate amount of compensation to be paid under this Agreement, inclusive
of all work orders, shall not exceed $474,478.70 on an annual basis.
Consultant shall not perform any additional services for the City not specified by this
Agreement unless the City requests and approves in writing the additional costs for such
services. The City shall not be liable for any additional expenses of Consultant not specified by
this Agreement unless the City first approves such expenses in writing.
2.
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, personnel, 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, personnel, 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. It is
further understood that the City shall in no way be considered a Co -employer or a Joint
employer of Consultant or any officers, agents, servants, employees, personnel or
subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants,
employees, personnel or subcontractors of Consultant shall be entitled to any employment
benefits from the City. Consultant shall be responsible and liable for any and all payment and
reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees,
personnel or subcontractors.
3
All other provisions of the Agreement that are not expressly amended herein shall
remain in full force and effect.
[Remainder of Page Intentionally Left Blank]
C['�W ! D1SYS
Amcndmcnt 1�Eo. 1 to CSC No. 39t191
Page 2 of 3
l-,
Executed on this the day of , 2010.
CITY OF FORT WORTH:
By:
Date:
,yssistant amity ivianager
9��/a
DIGITAL INTELLIGENCE SYSTEMS
CORPORATION:
By:
Maruf A rn
President
Date: August 3, 2010
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O
gy: p�oo
City Secretary j,,,a owwo
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APPROVED AS FORM AND LEGALITY: °o o°Qd
� �an!'`IE'xi4kA��� 1
City Attorney
Contract Authorization:
Date Approved: 1 c)
OFFICIAi RECORD
CITY SECRETARY
FT. WORTH, TX
CPW / D]SYS
Amcndmcnt No. 1 to CSC No. 39491
t'age 3 of 3
��
�Mti<C Review
Oft=ocial site of the City of Fort Vvorth Texas
� �� �� ��
CODE: G TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: Ratify Expenditures of $173,569.00 and Authorize an Increase of Additional Funds in the Amount of $708,898.00
for the Existing Professional Services Agreements for Technology Staffing and Placement Services with Digital
Intelligence Systems Corporation, Hudson Global Resources Management, Inc., Matrix Resources, Inc., and
Sentari Technologies, Inc., for the Information Technology Solutions Department
• • ��
It is recommended that the City Council ratify expenditures of $173,569.00 and authorize an increase to
the dollar cap for the existing Professional Services Agreements for Technology Staffing and
Placement Services with Digital Intelligence Systems Corporation, Hudson Global Resources
Management, Inc., Matrix Resources, Inc., and Sentari Technologies, Inc., in the amount of
$708,898.00 for a total of $882,467.00 for the Information Technology Solutions Department
DISCUSSION:
On October 27, 2009, (M&C C-23876) the City Council authorized the execution of Professional
Services Agreements for Technology Staffing and Placement Services with Digital Intelligence Systems
Corporation, Hudson Highland Group, Inc., (now Hudson Global Resources Management, Inc.,) Matrix
Resources, Inc., and Sentari Technologies, Inc., for an amount of $968,725.00. The first year of each of
the agreements expires in early November 2010. The number of contract positions has risen from 26 in
October 2009 to 44 currently and that number is projected to remain consistent through October 2010.
To maintain current levels of service, and to avoid any service disruption, staff is now requesting an
increase of $882,467.00 in expenditures for the remainder of the current annual agreements with the
four named vendors. Staff is requesting ratification of recent paid invoices totaling $173,569.00 as well
as outstanding invoices for $148,066.00. Due to unexpected delays in the administrative process while
working towards seeking City Council approval for additional funds, invoices were paid in order to avoid
service disruption on large complex projects. The total amount for projected services through October
2010 is $560,832.00. IT Solutions will return to City Council in October to request funding authorization
to renew the staffing services contracts for the 2011 year.
Remainder of tMe Initial Contract Year:
Projected Expenditures
Outstanding Invoices
Paid Invoices
$148,066.00
$173,569.00
$882,467.00
http://apps.ciwnet.org/council�acket/mc_review.asp?ID=14087&coundldate=8/24/2010 (1 of 2) [8/31/2010 10:43:27 AM]
M&C Review
The purpose of these service agreements is to allow the City to have agreements in place for staff
augmentation to assist in the development and implementation of technology projects and services in
the City such as ERP, IT Outsourcing, email archival, laptop encryption, disaster recovery, radio
towers, radio re -banding, FMS finance policy and Buyspeed Online projects. Hiring contract labor has
provided staff augmentation to address significant attrition with costs partially offset by salary and
benefit savings.
M/WBE -Digital Intelligence Systems Corporation, Hudson Global Resources Management, Inc.,
Matrix Resources, Inc., and Sentari Technologies, Inc., a certified M/WBE firm, have all previously and
continue to commit to comply with their 10 percent M/WBE participation on all expenditures through the
end of the contract period.
The Information Technology (IT) Sourcing Initiative will have no impact on this project.
ADMINISTRATIVE INCREASE — An administrative change order or increase may be made for each
agreement by the City Manager for an amount up to $50,000.00 and does not require specific City
Council approval as long as sufficient funds have been appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budgets, as appropriated, of the General Fund and Information Systems Fund and in the current capital
budgets, as appropriated, of Information Systems Capital Project Fund and the Information Systems
2004 Overrun Fund.
TO Fund/Account/Centers
Submitted for City Manager's
Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
PI68 539120 0041100 77 440.00
PI68 539120 0043010 197 268.00
PI68 539120 0043020 107 436.00
PI68 539120 0046010 242 523.00
PI68 539120 0046020 30 800.00
P251 539120 041030042950 76 000.00
P252 539120 049030028680 100 000.00
GG01 539120 0132010 51 000.00
Karen Montgomery (6222)
Peter Anderson (8781)
Mai Tran (8858)
http://apps.cfwnet.org/coundl_packet/mc_revfew.asp?ID=14087&coundldate=8/24/2010 (2 of 2) [8/31/2010 10:43:27 AM]