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Home My WebLink AboutContract 39491-A2CITY SECRETARY C4�NTRACT NO. AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 39491 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FORT WORTH AND DIGITAL INTELLIGENCE SYSTEMS CORPORATION This Amendment No. 2 ("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, on or about September 13, 2010, the parties subsequently amended the Agreement via City Secretary Contract No. 39491 A I to increase the compensation and clarify other matters under the Agreement; City Secretary Contract No. 39491 and City Secretary Contract No. 39491 -Al are hereby collectively referred to as the ("Agreement"); and WHEREAS, the Agreement provided an Initial term of one year with options to renew for three successive one year terms. The City wishes to exercise its first option to renew the Agreement, subject to the terms and conditions of 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: 1. Section 2 of the agreement shall be modified to extend the term of the Agreement with the renewal term commencing on November 13, 2010 and expiring on November 12, 2011. 2. 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. The total aggregate amount of compensation to be paid under this Agreement, inclusive of all work orders, shall not exceed $120,640.00 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. Section 9. ASSIGNMENT AND SUBCONTRACTING is hereby amended to read as follows: 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 of the Consultant under this Agreement prior to the effective date of 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. In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of Minority Business Enterprises and Women Business Enterprises (M/WBE) in City contracts. Consultant acknowledges the M/WBE goal established for this contract at 10 % and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by 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. Consultant 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 M/WBE; and (3) the approximate dollar amount/ percentage of the participation. If Consultant fails to meet the stated goal, then Consultant must submit detailed documentation of good and honest efforts as to why the goal was not achieved. CFW / DISYS Amendment No.2 to CSC No. 39491 Page 2 of 3 4. All other provisions of the Agreement that are not expressly amended herein shall remain in full force and effect. Executed on this the day of 2-010. CITY OF FORT WORTH: aren L. Montgomery Assistant City/Manager Date: % (�-�//z 0 By: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Contract Authorization: Date Approved: 111 t D CFW / DISYS Amendment No.2 to CSC No. 39491 Page 3 of 3 DIGITAL CORPOI By: Mahfuz A President Date: INTELLIGENCE SYSTEMS TION: 6ao �00000°Go �, �,0 \77 0 r7 P .�� a 00 0 00 D00000 y M&C Review Official site of the City of Fort Worth, Texas • � � � , i � COUNCIL ACTION: Approved on 11/16/2010 DATE: 11/16/2010 REFERENCE NO.: C-24607 LOG NAME: 04PROFESSIONAL SERVICES AGREEMENT CODE: C TYPE: NON -CONSENT PUBLIC NO HEARING: SUBJECT: Authorize an Increase of Funds by $743,028.00 for the Existing Professional Services Agreements for Technology Staffing and Placement Services with Digital Intelligence Systems Corporation, Matrix Resources, Inc., and Sentari Technologies, Inc., for the Information Technology Solutions Department RECOMMENDATION: It is recommended that the City Council authorize the City Manager to increase the dollar cap for the existing Professional Services Agreements for Technology Staffing and Placement Services with Digital Intelligence Systems Corporation, Matrix Resources, Inc., and Sentari Technologies, Inc., by $743,028.00 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, Matrix Resources, Inc., and Sentari Technologies, Inc., for an amount of $968,725.00.On August 24, 2010, City Council approved an increase to the cap of each contract in the amount of $882,467.00 (M&C G-17029). To maintain current levels of service for three months through January 2011, staff is now requesting an additional increase of $743,028.00 in expenditures with the three named vendors. Upon City Council approval of this action, each agreement will be renewed for the upcoming year as previously approved by (M&C C-23876). 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. Digital Intelligence Systems Corporation, 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 AMENDMENT — An administrative amendment or increase maybe 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. http://apps.crwnet.org/council_Packet/mc_review.asp?ID=14350&councildate=li/16/2010 (1 of 2) [ll/17/2010 12:46:33 PM] M&C R�vi�w 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 72 813.00 PI68 537100 0043010 97 240.00 PI68 539120 0043020 38 896.00 PI68 511010 0044000 20119.00 PI68 539120 0045000 163 976.00 PI68 539120 0045010 9 673.00 PI68 539120 0045020 119 396.00 PI68 511010 0045050 43 590.00 PI68 537100 0048000 9 672.00 PI68 511010 0048001 128 758.00 GG01 511010 0135010 $38,895.00 Karen Montgomery (6222) Peter Anderson (8781) Mai Tran (8858) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14350&councildate=ll/i6/2010 (2 of 2) [11/17/2010 12:46:33 PM]