HomeMy WebLinkAboutContract 41744 (2)CITY SECRETARY ti
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CONTRACT NO.
AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES
FOR THE
CITY OF FORT WORTH, TEXAS
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, the City of Fort Worth desires professional consulting services to
assist in developing an appropriate cost allocation plan for the Business and Customer
Services Division of the City's Water Department concerning the cost of services
provided to other City Enterprise Funds, excluding utility rates; and
WHEREAS, MAXIMUS Consulting Services Inc., proposes to assist the City of
Fort Worth and can provide knowledgeable staff experienced in the requirements of
developing and negotiating such governmental cost allocation plans; and
WHEREAS, the City of Fort Worth and MAXIMUS Consulting Services, Inc.,
mutually desire to enter into an agreement whereby, for the below stated consideration,
MAXIMUS Consulting Service, Inc., will perform such services as further detailed herein;
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the mutual covenants; promises and agreements
contained herein, the City of Fort Worth, hereinafter referred to as "City," acting by and
through Fernando Costa, its duly authorized Assistant City Manager, and MAXIMUS
Consulting Services, Inc., hereinafter referred to as "Consultant" acting by and through
Frank Mirkow, its duly authorized Director of Contracts, do hereby enter into this
Agreement for Professional Consulting Services (the "Agreement") and do hereby
covenant and agree as follows:
1. Employment of Consultant
City agrees to engage Consultant, and Consultant hereby agrees to perform the
professional services as described in this agreement. Consultant shall commence, carry
on and complete its work hereunder with all practical dispatch, in a sound, economical
and efficient manner. Consultant shall take such steps as are appropriate to insure that all
work is properly coordinated with related work being performed by City. Consultant shall
perform its services in a professional manner at all times.
2. Scope of Services by Consultant
Consultant represents that it has, or will, secure at its own expense all personnel required
to perform Consultant's services under this agreement. Such personnel shall not be
employees of or have any contractual relationship with City. All of the services to be
performed by Consultant shall be performed by fully qualified personnel. Consultant
shall provide at all times a project manager, acceptable to City, employed by it to
coordinate activities hereunder between Consultant and City.
City of Fort Worth / MAXIMUS Consulting Services, Inc., Consulting Services Agreement
April 22, 2011
CITY 9�CFU TARY
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Consultant shall develop a cost study of services provided by the City's Water Department.
These services shall include customer account and setup, monthly billing, customer service,
delinquency account maintenance, and other services. Specifically, Consultant shall provide
the services as set forth herein in Exhibit "A," Scope of Services, which is attached hereto,
incorporated herein and made a part of this Agreement for all purposes. If there is any
conflict between Exhibit A, and this Agreement, this Agreement shall control.
3. Amendments
City may, from time to time, require changes in the scope of services of Consultant to be
performed hereunder Any such changes, which are mutually agreed upon between City
and Consultant shall be incorporated in written amendments(s) to this agreement and
attached hereto. Consultant shall have no obligation to commence work in connection
with any changes until the costs of said change and/or any scheduling delay caused by
said change is agreed upon.
4. Services and Materials to be Furnished by City
The Consultant shall provide guidance to the City in determining the data required for
purposes of the contemplated services. The City agrees, to the extent feasible, to provide
all data specifically requested, including documentation and information to the
Consultant in a timely manner. The Consultant shall assume without incurring liability
therefore, that all data so provided is correct and complete.
5. Term of Contract
The services to be performed hereunder by Consultant shall be undertaken in such
sequence as to assure their expeditious completion and to best carry out the purposes of
this Agreement. The term of this Agreement shall be from date of final execution until
completion of all services contemplated herein, but not later than July 31, 2011.
6. Termination of Agreement
It is agreed that City may cancel or terminate this Agreement at any time by written
notice to Consultant with the understanding that, immediately upon the date of
termination, all work hereunder of Consultant and its, subcontractors and employees shall
cease. In the event of such termination prior to completion of the work provide for herein,
City agrees to reimburse Consultant for the value of services actually performed up to the
date of termination.
7. Compensation
The City shall pay Consultant an amount not to exceed $7,500 00 for all services to be
performed under this Agreement. Consultant hereby agrees that the fees described herein
shall complete the project and all services for said sum. All fees shall be paid in
accordance with Exhibit A, Attachment A, Work Breakdown Schedule.
City of Fort Worth / MAXIMUS Consulting Services, Inc., Consulting Services Agreement
April 22, 2011
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8. Ownership of Work Products/Proprietary Rights
City shall be the owner of all work papers created in connection with this Agreement.
Consultant shall deliver all such work papers created in connection with this Agreement
to City upon completion or termination of this Agreement. Consultant shall be entitled to
retain a set of such work papers for its files. City acknowledges that, in the course of
Consultant's performance hereunder, Consultant may use products, materials or
methodologies proprietary to it. City agrees that it shall have or obtain no rights in such
proprietary products, materials, and methodologies except pursuant to a separate written
agreement executed by the parties hereto.
9. Notices
Any notices, bills, invoices or reports required by this Agreement shall be conclusively
determined to have been delivered three days after deposited in the United States mail, in
a sealed enveloped with sufficient postage attached, to the addresses listed below:
City of Fort Worth
Attn: Water Department Assistant Director
1000 Throckmorton Street
Fort Worth, Texas 76102
Fax: (817) 392-xxxx
10. Records and Audits
MAXIMUS Consulting Services, Inc.
Attn: Jim Brown
1452 Hughes Rd.
Grapevine, TX 76051
(817) 301-3329
Consultant shall maintain complete and accurate records with respect to allowable cost
incurred under this Agreement. All such records shall be maintained to generally
accepted accounting standards and shall be clearly identified and readily accessible to
representatives of City. Consultant shall provide representatives of City with access to
such books and records, at no additional charge, and at reasonable times, in order that
they may examine and audit the same and make transcripts there from as necessary for
the purposes of this Agreement. Such right of access and audit shall continue for a period
of three (3) years from date of final payment under this Agreement. In the event any
funds payable to City under the above described plans are disallowed Consultant will
provide audit assistance to City concerning City's indirect costs.
11. Insurance
It shall be responsibility of Consultant to ensure that all of the activities performed
pursuant to the terms of this Agreement are covered by commercial general liability
professional liability, automobile liability and if applicable, Workers' Compensation
coverage in the statutorily required amounts.
Consultant shall secure insurance liability coverage in the following amounts:
City of Fort Worth / MAXIMUS Consulting Services, Inc , Consulting Services Agreement
April 22, 2011
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Commercial General Liability (CGL)
$250,000.00 Each occurrence
Automobile Liability
$1,000,000.00 Combined single limit
The automobile liability shall apply to all vehicles of
Consultant, whether owned or non -owned
Workers' Compensation
Statutory Limits
Employer Liability
$100,000.00
$100,000.00
$500,000.00
Each accident/occurrence
Disease — per each employee
Disease — policy limit
Professional Liability
$1,000,000.00 Each occurrence
$1,000,000.00 Aggregate Limit
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 primary 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.
12. 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 its operations hereunder, and all persons
performing same and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant its officers, agents, employees,
contractors and subcontractors. Nothing herein shall be construed as creating a
partnership or joint enterprise between City and Consultant, its officer's agents,
employees, contractors and subcontractors.
City of Fort Worth / MAXIMUS Consulting Services, Inc , Consulting Services Agreement
April 22, 2011
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13. Indemnification
Consultant covenants and agrees to, and does hereby, indemnify and hold harmless and
defend City, its officers and employees, from and against any and all suits or claims for
damages or injuries, including death, to any and all persons or property, arising out of or
in connection with any negligent act or omission on the part of Consultant, its officers,
agents, servants, employees or subcontractors, and Consultant does hereby assume all
liability and responsibility for injuries, claims or suits for damages to persons or property
arising out of the performance of this contract as a result of any negligent act or omission
on the part of Consultant, its officers, agents, servants, employees or subcontractors.
14. Limitation of Liability
Consultant Liability if Audited. The Consultant will assume all financial and statistical
information provided to the Consultant by City employees or representatives is accurate
and complete. Any subsequent disallowance of funds paid to the City under the claims
for whatever reason is the sole responsibility of the City.
Limitation of Liability. In no event shall either party, its directors, officers, employees
or agents be liable for any special, incidental punitive, indirect, or consequential
damages arising out of or in connection with the services provided under this agreement,
including but not limited to lost revenue, lost profits, replacement goods, loss of
technology rights or services, loss of data, or interruption or loss of use of software or any
portion thereof, even if advised of the possibility of such damages. This limitation shall
apply to all claims whether under theory of contract, tort (including negligence), strict
liability, or otherwise. Excluding personal injury, property damage, and infringement
Consultant general liability (if any) to customer or any third party is limited to $150,000.
15. Third Parties
The City and the Consultant are the only parties to this Agreement and are the only
parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give,
or shall be construed to give or provide, any right or benefit, whether directly or
indirectly or otherwise, to third persons.
16. Non -appropriation of Funds
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
available by any means whatsoever in any fiscal period for quarterly payments due under
this contract, then City will immediately notify Consultant of such occurrence and this
contract shall be terminated on the last day of fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the
portions of quarterly payments herein agreed upon for which funds shall have been
appropriated and budgeted or are otherwise available.
City of Fort Worth / MAXIMUS Consulting Services, Inc., Consulting Services Agreement
April 22, 2011
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17. Discrimination by Consultant
Consultant, in the execution, performance or attempted performance of this agreement,
will not discriminate on any basis made unlawful by State, Federal, or Local law, nor will
Consultant permit its officers, agents, employees or subcontractors to engage in such
discrimination.
18. 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.
19. Venue and Governing Law
Should any action, whether real or asserted, at law or in equity arise out of the execution,
performance, attempted performance of non performance of this agreement, venue for
said action shall lie in Tarrant County, Texas. This Agreement and any action in
connection herewith shall be governed, construed and enforced by the laws of the State of
Texas.
20. Severability
In case any one or more of the provisions contained in this Agreement shall, for any
reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Agreement, and
this Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.
21. Assignment
Except as otherwise expressly provided herein, Consultant shall not assign or subcontract
any of its duties, obligations or rights under this Agreement without the prior written
consent of the City. Any such purported assignment or delegation of any of Consultant's
rights or duties hereunder shall be void and constitute a breach of this Agreement. This
agreement shall be binding upon the parties, their successors and assigns.
22. Non -Waiver
The failure of City 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 right to assert or rely upon any such teen or right
on any future occasion.
City of Fort Worth / MAXIMUS Consulting Services, Inc , Consulting Services Agreement
April 22, 2011
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23. Force Majuere
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, transpoitation problems and/or any other similar causes.
24. Entirety of Agreement
This written instrument and all attachments incorporated herein by reference constitute
the entire agreement by the parties hereto concerning the work and services to be
performed hereunder, and any prior or contemporaneous oral or written agreements
which purport to vary from the terms hereof shall be void.
25. 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 in
entering into this Agreement.
[Signature Page Follows]
City of Fort worth / MAXIMUS Consulting Services, Inc., Consulting Services Agreement
April 22, 2011
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IN WITNESS WHEREOF, the
on this, the Filk day of
CITY OF FORT WORTH:
BY: �?
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
1)
Maleshia B. Farmer
Assistant City Attorney
Date: `t 1 2'E(
ATTEST:
By:
artier have executed this agreement in multiple originals
kidrAC\een\-
Marty Hendrix
City Secretary
Contract Authorization:
None Required
2011.
MAXIMUS Consulting Services,
INC.:
BY:
Fras..�- ow
Director of Contracts
ATTEST:
By: /
Adam Polatnick
Assistant Secretary
444 °°00.0000
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City of Fort Worth / MAXIMUS Consulting Services, Inc., Consulting Services Agreement
April 22, 2011
mor
OFFICIAL RECORD
CITY SECRETARY
713 WORM, TX
8
EXHIBIT "A"
SCOPE OF SERVICES
City of Fort Worth / MAXIMUS Consulting Services, Inc , Consulting Services Agreement
April 22, 2011
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April 11, 2011
Kara Shuror
City of Fort Worth
Watei Department
Assistant Director
Business Services Division
1000 Throckmorton
Fort Worth, Texas 76102
Dear Ms. Shuror:
Thank you for the opportunity to submit a bid to develop the costs of business services
provided by the Fort Worth Water Department (Water Department) to other Enterprise
Fund Departments.
MAXIMUS is uniquely qualified to assist in your project for cost recovery of business
services provided by the Business and Customer Service Division. MAXIMUS
Consulting Services, Inc. has approximately 100 employees dedicated to developing cost
allocation plans and cost of service studies. Federal and State negotiators tell us that we
prepare approximately 90-95% of the consultant prepared plans submitted to them. As
such, our firm currently services over 3,000 local governmental units and non-profit
organizations. We have achieved this level of success by providing legitimate, defensible
documentation to make certain our clients recover all appropriate costs.
Our Texas office is staffed with senior -level people with at least 21 years experience in
preparing and negotiating cost allocation plans and indirect cost sates. We have prepared
cost of service studies for many Texas cities including El Paso, Houston, San Antonio
Midland, Abilene, Fort Worth, and Odessa. I can provide with you a listing of references
for Texas and national clients if you would like.
Our understanding is that the City of Fort Worth Water Department's Business and
Customer Services Division is requesting the development of a cost study of services
provided, excluding utility rates, that are provided to other Enterprise Funds. These
services include customer account and setup monthly billing customer service,
delinquency account maintenance, and other services.
Our scope of services (as summarized in the Attachment A - Work Breakdown Schedule)
will begin with a preliminary meeting to determine what services are to be developed and
discuss the methodology (Task 1) to be utilized.
The next step (Task 2) will be to develop an understanding of the services to be allocated.
We will need to know who performs these services, how much time is expended in
performing the services, and how many "units" of service are provided to the other
departments including the Water Department. Units of service may be the number of
delinquent accounts, the number of water and wastewater accounts setup, and/or the
number of monthly billings. We accomplish this task through interviews of the involved
staff review of organization charts, and financial data analysis. Detailed worksheets will
be completed with the data gathered from the Business and Customer Services Division
to develop our cost allocation model
We will then prepare draft reports of the compiled data for discussion and review with
our executive vice president and project director for quality assurance We will then
present the draft report to the City project manager for review. This will ensure that the
report meets the objectives and requirements of the Water Department. All edits will
then be made and a final report will be issued to the Fort Worth Water Department
project staff.
MAXIMUS is not proposing to conduct a certified audit of the financial data and any
other requested data. We shall be entitled to rely on the accuracy of financial data the
Water Depart' lent provides. In no event shall either party, its directors, officers,
employees or agents be liable for any special, incidental, punitive or consequential
damages arising out of or m connection with the services provided under this agreement
Our liability (if any) to customer or any third party is limited to the amount that the
organization pays to MAXIMUS for the services under this agreement.
We propose to perform for a total contractual amount of $7,500. Attachment A is a work
breakdown of the scope of services that will be performed and their corresponding time
and consultant costs for each task performed
If our bid is acceptable, please notify me with your decision. I will then prepare, sign,
and return a contract to you for signature as soon as possible to expedite the project. If
you should have any questions or need assistance, feel free to contact Jim Brown at (972)
490-9990 extension 201 or at his email address, iimbrown(c�maximus.com.
Sincerely,
t'
MarkA. Rewolinski
Vice President
Attachment A
Consultant Hour Summary
Project hours
Hourly Rate
Hourly Costs
Travel & Supplies
Total Project Costs
Percentage of Total Hours Per Participant
Water Department Cost of Services Study
Task 1: Presentation of methodologies and initial project kickoff.
Task 2: Research and gather materials necessary to develop the plans - Water and
Wastewater Service Costs
2.1 Identify Water and Wastewater Fund financial information sources, including
expenditure reports, Organization charts, and staffing reports for the Enterprise
Fund.
2.2 Review Organization Charts and classify all service functions
2.3 Determine Enterprise Fund administrative costs with consideration for
incoming City-wide full cost indirect applicable to the Water and Wastewater Fund.
2.4 Interview staff providing services to other City Enterprise Funds to determine
the amount of participation to each service.
2.5 Collect unit statistics for the services provided.
2.6 Prepare model worksheets for each City department calculating full costs for
each unit of service provided.
2.7 Conduct high level review and quality assurance and prepare draft report for
review by Water Fund directors.
2.8 Prepare edits requested by City for final report.
2.9 Prepare final report with edits as requested by City liaison
2.10 Issue final report to City
Executive Project Project Project
Review Director Manager Consultant Total
1.0 1.0 19.5 40.5
155.0 95.0
3,022.5 3,847.5
$ 1
Bruce
Cowans
1.00
'Total Hours 1.00
$ 1 $ 3,197 $
1.6% 31.5%
Hours
Mark Jim Meredith
Rewolinski Brown Clonch
62.0
29.0 $ 29
4,012 $ 7,500
65.3% 100.0%
1.00 1.00
1.00
0.50 0.50
1.00 2.00
8.00 12.00
1.00 4.00
4.00 16.00
1.00 1.00 2.00
1.00 1.00
1.00 1.00
1.00
1.00 19.50 40.50
Week