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Contract 44292 (2)
C YS-CNrstCONTRACT 0(4742/. " -.- 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 Fernando Costa, its duly authorized Assistant City Manager, andHeights Consulting, LLC, (the "Consultant" or "Contractor"), acting by and through Rose Minton, its duly authorized President, each individually referred to as a "party" and collectively referred to as the "parties." CONTRACT DOCUMENTS: The Contract documents shall include the following: 1. This Agreement for Professional Services 2 Exhibit A — Statement of Work plus any amendments to the Statement of Work 3. Exhibit B — Payment Schedule 4. Exhibit C — Milestone Acceptance Form 5. Exhibit D — Network Access Agreement 6. Exhibit E — Signature Verification Form All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes In the event of any conflict between the documents, the terms and conditions of this Professional Services Agreement shall control. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional consulting services for the purpose ofevaluating the implementation of a single advertised number for all general City Service to develop a road map for implementation and the budget associated with the implementation. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A,"Statement of Work, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence upon the last date that both the City and Consultant have executed this Agreement ("Effective Date") and shall continue in full force and effect until all services contemplated herein have been completed, but not later than April 2, 2014 ("Initial Term"), unless terminated earlier in accordance with the provisions of this Agreement. Following the Initial Term, this Agreement may be extended upon written consent of the parties. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $233,800.00in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit "B,"which is incorporated for all purposes herein. 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. Professional Services Agreement City of Fort Worth _ Heights Consulting, LLC RECEIVED MAR 20 23 1 OFFICIAL RECOR vises June 2012 CITY SECRETARY T1 WORTH, ': 4. TERMINATION. 4.1. Convenience. The City or Consultant may terminate this Agreement at any time 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 have been appropriated. 4.3 Breach. Subject to Section 29 herein, either party may terminate this Agreement for breach of duty, obligation or warranty upon exhaustion of all remedies set forth in Section 29. 4.4 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. Upon termination of this Agreement for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. In the event Consultant has received access to City information or data as a requirement to perform services hereunder, Consultant shall return all City provided data to the City in a machine readable format or other format deemed acceptable to the City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. 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. 5.2 Confidential Information.Consultant, for itself and its officers, agents and employees, 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. 5.3 Unauthorized Access.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 in which event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have Professional Services Agreement Revised June 2012 City of Fort Worth _ Heights Consulting, LLC 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, or the final conclusion of any audit commenced during the said three years 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 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 and work performed under this agreement, 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. 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 or subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees 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 or subcontractors. 8. LIABILITY AND INDEMNIFICATION. A. LIABILITY - 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. B. INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TOINDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, 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, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. C. INTELLETCTUAL PRPOERTY INFRINGEMENT - Consultant agrees to defend, settle, or pay, at its own cost and expense, any claim or action against the City for infringement of any patent, copyright, trade secret, or similar property right arising from City's use of the information, Professional Services Agreement Revised June 2012 City of Fort Worth _ Heights Consulting, LLC documentation, or process provided in accordance with this agreement. Consultant shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim, and City agrees to cooperate with it in doing so. City agrees to give Consultant timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. If the information, documentation and/or process, or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Consultant shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the information, documentation and/or process; or (b) modify the information, documentation and/or process to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the information, documentation and/or process; or (c) replace the implementation, documentation and/or process with equally suitable, compatible, and functionally equivalent non -infringing information documentation and/or process at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Consultant, terminate this agreement and refund to City the total payments actually made to Consultant under this agreement. 9. ASSIGNMENT AND SUBCONTRACTING. 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. 10. INSURANCE. Consultant shall provide the City with certificate(s) 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 $300,000 Each occurrence on a combined single limit basis 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 Professional Services Agreement Revised June 2012 City of Fort Worth _ Heights Consulting, LLC 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. Notwithstanding the foregoing requirements for Workers' Compensation coverage the City agrees to waive the requirement for Workers' Compensation coverage upon receipt of sufficient documentation from the Consultant certifying that Consultant is not required to maintain the requisite coverage in accordance with the statute. (d) Professional Liability (Errors & Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name the City as an additional insured thereon, as its interests may appear The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth, unless such requirement is waived. (c) 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. 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. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) 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. 11. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Consultant agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws ordinances, rules and regulations and that any work it produces in connection with this agreement will also comply with all applicable federal, state and local laws, o rdinances, rules and regulations. If the City notifies Consultant of any violation of such .laws, o rdinances, rules or regulations, Consultant shall immediately desist from and correct the violation. P rofessional Services Agreement Revised June 2012 City of Fort Worth _ Heights Consulting, LLC 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 of 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: City of Fort Worth Attn: Fernando Costa, Assistant City Manager 1000 Throckmorton Fort Worth TX 76102-6311 Facsimile. (817) 392-8654 With Copy to the City Attorney At same address 14. SOLICITATION OF EMPLOYEES. Heights Consulting, LLC Attn: Rose Minton 9328 San Rafael NE Albuquerque, NM 87109 Facsimile: Neither the City nor Consultant shall, during the term of this agreement and additionally for 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. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS/IMMUNITIES It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 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. Professional Services Agreement Revised June 2012 City of Fort Worth _ Heights Consulting, LLC 17. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to 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 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, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision 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. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, which is executed by an authorized representative of each 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. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. Professional Services Agreement Revised June 2012 City of Fort Worth _ Heights Consulting, LLC 25. WARRANTY OF SERVICES. Consultant warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Consultant's option, Consultant shall either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by the City to Consultant for the nonconforming services. 26. MILESTONE ACCEPTANCE. Consultant shall verify the quality of each deliverable before submitting it to the Cityfor review andapproval. The City will review all deliverables to determine their acceptability and signify acceptance by execution of the Milestone Acceptance Form, which is attached hereto as Exhibit "C." If the City rejects the submission, it will notifythe Consultant in writing as soon as the determination is made listing the specific reasons for rejection. The Consultant shall have ten (10) days to correct any deficiencies and resubmit the corrected deliverable. Payment to the Consultant shall not be authorized unless the City accepts the deliverable in writing in the form attached. The City's acceptance will not be unreasonably withheld. 27. NETWORK ACCESS. If Consultant, and/or any of its employees, officers, agents, servants or subcontractors (for purposes of this section 'Consultant Personnel' ), requires access to the City's computer network in order to provide the services herein Consultant shall execute and comply with the Network Access Agreement which is attached hereto as Exhibit D" and incorporated herein for all purposes. 28. IMMIGRATION NATIONALITY ACT. The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Consultant shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and u pon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Consultant shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Consultant shall indemnify City from any penalties o r liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. 29. INFORMAL DISPUTE RESOLUTION. Except in the event of termination pursuant to Section 4.2, if either City or Consultant has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference in person meetings or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter P rofessional Services Agreement Revised June 2012 City of Fort Worth _ Heights Consulting, LLC to non -binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. 30. 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. This Agreement, and any amendment(s) hereto may be executed by any authorized representative of Consultant whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "E" and incorporate herein by reference. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 31. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all materials, work papers, plans, reports, guides, and documentation, created, published, displayed and/or produced in conjunction with the services provided under this Agreement, collectively, 'Work Product' Further, City shall be the sole and exclusive owner of all copyright, patent, trademark trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Consultant hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark trade secret and all other proprietary rights therein, that the City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of the City. [SIGNATURE PAGE FOLLOWS] Professional Services Agreement Revised June 2012 City of Fort Worth _ Heights Consulting, LLC INATNES WHEREOF, the parties hereto have executed this Agreement in multiples this o�l`day of (JJVU6Z_.- , 20/5. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: /74•frt•otabi Fernando Costa Assistant City Manager Date: 3/20/12 ATTEST: Mary J City Sec dtary APPROVED AS TO FORM AND LE 45 Maleshia B Farmer Senior Assistant City Attorney CONTRACT AUTHORIZATION: M&C: flsw Date Approved: (td1- Professional Services Agreement City of Fort Worth Heights Consulting, LLC � ; ` � a Nocticpc100000 : r� \\:\ g ,a nt p I\ Poc/ii; rj 44 Qt. I 1 clog---r i\py: u I:1 an° " -1'77 grA la 0 og .1Yi g r5.,:q r 1 0 .. r) LYSiei 0 S le�Qdo00001t AVteev rttr-O.Su NAME OF CONSULTANT: Heights Consulting, LLC By: 1eccIP i('t Name: Rose Minton Title: President Date: as —i3 ATTEST: 10 ti lcirrF, °Ffl©, a� Aft ��hate Revised June 2012 EXHIBIT A Statement of Work for City of Fort Worth One CaII — Transition Planning 4 February 2013 HEIGHTS 0'3?'J8ULriraa Heights Consulting Engagement —Version 2 City of Fort Worth 17 January 2013—Pagel Table of Contents Table of Contents Statement of Work 2 Activities for Step 2 - Transition Planning 2 Activity I. Planning/Leverage Scope Definition Work 2 • Project Charter 2 • Project Plan 2 • Project Team Kickoff 2 • Conduct department leaders kick off meeting 2 • Create project planning liaison team 2 Project Sponsor review and approve Activity I deliverables and decisions 2 Activity II. Define As Is - Conduct Information Gathering 2 Information Gathering Executive Summary and Report 2 Project Sponsor review and approve Activity II deliverables and decisions 2 Activity III. Define Target Components of the To Be Environment 2 Executive Summary and Report 2 Project Sponsor review and approve Activity III deliverables and decisions 2 Activity IV. Define Gaps Between the As Is and To Be Environment 2 Executive Summary and Report 2 Project Sponsor review and approve Activity IV deliverables and decisions 2 Activity V. Define Alternatives to Achieve To Be Environment 2 Executive Summary and Report 2 Project Sponsor review and approve Activity V deliverables and decisions 2 Activity VI. Analyze & Recommend Alternative 2 Executive Summary and Report 2 Project Sponsor review and approve Activity VI deliverables and decisions 2 Activity VII. Develop Action Plan and Final Report 2 Deliver final report (MS Word or PowerPoint) that includes the implementation decisions and action plan 2 Project Sponsor review and approve Activity VII deliverables and decisions 2 Schedule 2 Scope 2 Assumptions 2 Changes to Scope 2 Authorization 2 HEIGHTS CpriSi,��1l%fir, City of Fort Worth Heights Consulting Engagement —Version 2 17 January 2013—Pagel Statement of Work The City of Fort Worth is evaluating the implementation of a single advertised number for all general City Services. The project team is requesting assistance with developing a road map for implementation and the budget associated with the implementation. The first step which was completed on December 19, 2012was to define the scope of One Call for the City of Fort Worth. Scope definition was the "what", not the "how". The next phases will include Step 2 -Transition Planning, which is the "how" and Step 3 — Implementation, which is making the transition. This Statement of Work is for Step 2 — Transition Planning. Activities for Step 2 - Transition Planning The diagram below shows the flow to be performed in executing this initiative for the City of Fort Worth. \I r Below is a description of each Activity within the projected work plan and it includes a defined set of deliverables to be developed in accomplishment of the City of Fort Worth's One Call Initiative.A complete project plan with associated schedule will be developed with all Activities and assigned personnel as part of the planning phase. Below are the high level activities per phase. HEIGHTS C 0:'I 5 ''J!. ! !I G Heights Consulting Engagement —Version 2 City of Fort Worth 17 January 2013 Page2 Activity I. Planning/Leverage Scope Definition Work The objective of this activity is to utilize the work completed in Step 1 — Scope Definition. Step 1 defined expectations for Scope. Step 2 - Business transformation is the work that needs to be planned to get technology, facility, peo le and rocesses ready to transition. Activity I plans the work to be completed in Ste. 2. Activity Description and Purpose Heights Consulting Key Activities, include but not limited to Heights Consulting Key Deliverables (Paper or Process), include but not limited to City of Fort Worth Key Deliverables (Paper or Process) include but not limited to Heights Consulting estimated Work Duration City of Fort Worth estimated Work Duration Planning & Leverage Scope Definition Work • Confirm Project resources and organization • Develop Project Charter • Define City budget requirements and deadlines • Conduct kickoff • Perform initial stakeholder analysis • Develop an approach to gather business transformation expectations and needs for transition planning • Project Charter • Project Plan • Project Team Kickoff • Conduct department leaders kick off meeting • Create project planning liaison team • Participate in team meetings • Participate in development, review and edit of deliverables • Fort Worth PM assist with project plan updates Project Sponsor review and approve Activity 1 deliverables and decisions Activity II Define As Is - Conduct Information Gathering The objective of Activity II is to gather the information needed to define the current environment. 3 weeks Combination onsite and offsite 2 weeks Activity Description and Purpose Heights Consulting Key Activities, include but not limited to Heights Consulting Key Deliverables (Paper or Process), include but not limited to City of Fort Worth Key Deliverables (Paper or Process) include but not limited to Heights Consulting estimated Work Duration City of Fort Worth estimated Work Duration Define "As Is" Conduct Information Gathering • Manage 311 liaison process • Review existing documentation, customer surveys and strategies • Create and manage the information gathering process • Update expectations assessment • Update success criteria and measures • Define project success scorecard HEIGHTS c0'J6U L T INr, Information Gathering Executive Summary and Reportincluding: • Current contact types by department • Current volumes • Top information and service requests • Current service level agreements • Current customer oriented technology • Current costs of • Participate in team meetings • Review information gathering results • Review information and conduct follow up/validation for incomplete items • Fort Worth PM assists Heights Consulting with information gathering and 8 weeks Combination onsite and offsite Heights Consulting Engagement —Version 2 City of Fort Worth 17 January 2013—Page3 Activity Description and Purpose Heights Consulting Key Activities, include but not limited to Heights Consulting Key Deliverables (Paper or Process), include but not limited to City of Fort Worth Key Deliverables (Paper or Process) include but not limited to Heights Consulting estimated Work Duration City of Fort Worth estimated Work Duration customer interactions • Current space for customer service interactions • Mystery shopping results • Customer service process and performance assessment results assessment • Participate in development, review and edit of deliverables Project Sponsor review and approve Activity 11 deliverables and decisions Activity III Define Target Components of the To Be Environment The objective of Activity III is to use the information gathered in Activity II to recommend process improvements that will create immediate efficiencies and recommend the target centralized customer service environment. 2 weeks Activity Heights Consulting Key Description and Activities, include but not Purpose limited to Heights Consulting Key Deliverables (Paper or Process), include but not Limited to City of Fort Worth Key Deliverables (Paper or Process) include but not limited to Heights Consulting estimated Work Duration City of Fort Worth estimated Work Duration Define Target Components of the "To Be" Environment • Recommend current "internal" best practices found in City departments Executive Summary and Reportincluding: • Recommended model • Recommend "best of centralized customer practices" from 311 service including industry leaders and people, process, organizations similar to City technology, facility and organization • Present funding options based on research from • Gap analysis other 311 implementations. findingsfrom customer • Develop process improvement opportunities relevant to each department assessment and recommended improvements • Participate in team meetings • Participate in development, review and edit of deliverables Project Sponsor review and approve Activity 111 deliverables and decisions 6 weeks Combination onsite and offsite Activity IV. Define Gaps Between the As Is and To Be Environment The objective of Activity IV is to identify the gaps that exist between where the City is today and where the City HEIGHTS c 0 Pl S U L Ttl 2 weeks Heights Consulting Engagement —Version 2 City of Fort Worth 17 January 2013—Page4 wants to be in a centralized customer service environment. Activity Description and Purpose Heights Consulting Key Activities, include but not limited to Heights Consulting Key Deliverables (Paper or Process), include but not limited to City of Fort Worth Key Deliverables (Paper or Process) include but not limited to Heights Consulting estimated Work Duration City of Fort. Worth estimated Work Duration Define Gaps between "As Is" & "To Be" Environment • Document gaps between the As Is and To Be • Develop gap summary to use in alternatives analysis • Define business transformation approach including: policies, procedures, administrative instructions, statutes, organization structure communication within and between departments Executive Summary and Reportincluding: • Gaps identified and summarized • Business transformationapproac h • • Participate in team meetings Participate in development, review and edit of deliverables Project Sponsor review and approve Activity IV deliverables and decisions 2 weeks Combination onsite and offsite Activity V. Define Alternatives to Achieve To Be Environment The objective of Activity V is to define and evaluate alternatives to achieve centralized customer service. 2 weeks Activity Description and Purpose Heights Consulting Key Activities, include but not limited to Heights Consulting Key Deliverables (Paper or Process), include but not limited to City of Fort Worth Key Deliverables (Paper or Process) include but not limited to Heights Consulting estimated Work Duration City of Fort Worth estimated Work Duration Define Alternatives to Achieve "To Be' Environment • Define alternatives to achieve the target environment including funding options. • Analyze people, process, technology and facility Executive Summary and Reportincluding: • Participate in team meetings • Alternatives evaluated • Participate in • Pros and Cons of each alternative impacts of each alternative • Alternative evaluated versus success criteria • Order of magnitude costs and benefits of each alternative • Organizational, employee and customer impacts of each alternative development, review and edit of deliverables Project Sponsor review and approve Activity V deliverables and decisions 2 weeks Combination onsite and offsite Activity VI. Analyze & Recommend Alternative The objective of Activity VI is to recommend the alternative, develop the approach to achieve the recommended alternative and provide the estimated transition cost and timeline. HEIGHTS CONSULT 1t1G 2 weeks Heights Consulting Engagement Version 2 City of Fort Worth 17 January 2013—Page5 Activity Description and Purpose Heights Consulting Key Activities, include but not limited to Heights Consulting Key Deliverables (Paper or Process), include but not limited to City of Fort Worth Key Deliverables (Paper or Process) include but not limited to Heights Consulting estimated Work Duration City of Fort Worth estimated Work Duration Analyze & Recommend Alternative • Finalize recommended alternative • Develop estimated budget for alternative • Develop estimated timeline for recommendation Executive Summary and Reportincluding: • Estimate the Total Cost of Ownership (TCO) of Consolidated Customer Service including: • Initial Start-up Costs • On -going Operations Costs • On- going Maintenance Costs • Develop timeline for implementation • Define organizational impacts • Define funding recommendation • Participate in team meetings • Participate in development, review and edit of deliverables Project Sponsor review and approve Activity VI deliverables and decisions 4 weeks Combination onsite and offsite ActivityVII. Develop Action Plan and Final Report The objective of Activity VII is to develop and deliver the action plan and final report needed to gain approval to proceed with Ste • 3 - Transition. Activity Heights Consulting Key Description and Activities, include but not Purpose limited to Heights Consulting Key Deliverables (Paper or Process), include but not limited to City of Fort Worth Key Deliverables (Paper or Process) include but not limited to Heights Consulting estimated Work Duration 2 weeks City of Fort Worth estimated Work Duration Develop Action • Plan & Final Report Develop executive summary of implementation decisions and plan • Facilitate multiple reviews and edits of the executive summary • Present the executive summary to various senior management before the final presentation • Present executive summary of implementation decisions and action plan Deliver final report (MS Word or PowerPoint) that includes the implementation decisions and action plan • Participate in team meetings • Participate in development, review and edit of deliverables Project Sponsorreview and approve Activity VII deliverables and decisions 4 weeks Combination onsite and offsite 2 weeks City of Fort Worth Heights Consulting Engagement —Version 2 17 January 2013 Page6 HEIGHTS C0713U _T N3 City of Fort Worth Heights Consulting Engagement Version 2 17 January 2013—Page7 Schedule Heights Consultingand the City of Fort Worth will use reasonable business efforts to complete the SOW in accordance with agreed schedules. The time it takes Heights Consulting and the City of Fort Worthto execute a legally binding contract, and the cooperation and availability of the City of Fort Worth personnel, as well as any third parties, may impact the schedule. Depending on the start date of the engagement, major holiday periods may also impact the schedule. Both parties shall inform each other of any necessary schedule changes as they arise. Scope The scope of this engagement includes all city service departments and their respective call centers. Aviation ■ Budget ■ City Attorney ■ City Manager's Office ■ City Secretary ■ Code Compliance (City Call Center) ■ Equipment Services ■ Finance ■ Fire ■ Governmental Relations ■ Housing & Economic Development ■ Human Relations ■ Human Resources ■ Information Technology Solutions (IT Help Desk) ■ Internal Audit ■ Library ■ Mayor and City Council ■ Municipal Courts (2 Call Centers — Municipal Courts and Warrants) ■ Office of Media and Public Affairs ■ Parks and Community Services (CAP CaII Center) ■ Planning and Development (Call Center) ■ Police (911 CaII Center) ■ Public Events ■ Transportation and Public Works (City CaII Center) ■ Water (Call Center) �.. - - HEIGHTS C 0N 5 IJ T 17JG City of Fort Worth Heights Consulting Engagement Version 2 17 January 2013 Page8 Assumptions The following assumpt'ons have been made in preparing this SOW: ■ The City of Fort Worth team will include a project manager to act as point of contact for this engagement. ■ The City of Fort Worth will actively participate and contribute to all the efforts outlined in this proposal and Statement of Work. ■ The City of Fort Worth will arrange for the key staff functions that will perform data collection activities and/or validation. These key staff functions include those individuals who are responsible for, or hold information about, the full scope of the assessment. Generally, Heights Consulting will provide templates for data collection and the City of Fort Worth will be responsible for data collection. ■ The Heights Consulting work will be completed while onsite and offsite. An agreed upon project plan will determine schedule for onsite and offsite work. ■ Office space, telephones and internet access will be made available for Heights Consulting staff at City of Fort Worthlocations for on -site project time ■ Heights Consulting will have access to printing/copying services at City of Fort Worthlocations ■ The City of Fort Worthis to schedule City of Fort Worthresources for project activities and provide meeting facilities as necessary Changes to Scope All City of Fort Worth requests for changes to this Proposal must be in writing and must set forth with specificity the requested changes. As soon as practicable, Heights Consulting shall advise the City of Fort Worth of the cost and schedule implications of the requested changes and any other necessary details to allow both parties to decide whether to proceed with the requested changes. The parties shall agree in writing on any requested changes prior to Heights Consulting commencing work. As used herein "changes' are defined as work activities or work products not originally planned for or specifically defined by this Proposal. By way of example and not limitation changes include the following: ■ Any activities not specifically set forth in this Statement of Work ■ Providing or developing any deliverables not specifically set forth in this Statement of Work ■ Any change in the respective responsibilities of Heights Consulting and the City of Fort Worth set forth in this Statement of Work, including any reallocation or any changes in engagement or project manager staffing ■ Any rework of completed activities or accepted deliverables ■ Any investigative work to determine the cost or other impact of changes requested by the City of Fort Worth ■ Any additional work caused by a change in the assumptions set forth in this Statement of Work ■ Any delays in deliverable caused by a modification to the acceptance criteria set forth in this Statement of Work ■ Any changes requiring additional research analyst time or changes to research analyst resources HEIGHTS C0N S !_7 i N., City of Fort Worth Heights Consulting Engagement Version 2 17 January 2013 Page9 Authorization By signing below, both the City of Fort Worth and Heights Consulting agree to the terms of this Statement of Work SUBMITTED ON BEHALF OF HEIGHTS CONSULTING SIGNATURE iZtica N\ILsipeawat Rose Minton, President PRINT NAME AND TITLE 3—I\-13 DATE' AGREED ON BEHALF OF CITY OF FORT WORTH Fernando Costa�G�nw+..ia-2.---. SIGNATURE Assistant City Manager PRINT NAME AND TITLE SAGAS DATE Billing address: City of Fort Worth PO number (if req'd): 1000 Throckmorton Street Fort Worth, Texas 76102 Any questions regarding this Statement of Work should be addressed to: Rose Minton President Heights Consulting 9328 San Rafael NE Albuquerque, NM 87109 Or 505-301-4973 t1aHEIGHTSONSUL C7 (N G Heights Consulting Engagement —Version 2 EXHIBIT B PAYMENT SCHEDULE City of Fort Worth 17 January 2013— Pagel 1 Professional services fees for this engagement will be a fixed price of $194,800. Expenses for this engagement will be billed as incurred, not to exceed $39,000. The total for the engagement is $233,800 including professional fees and not to exceed expenses. Heights Consulting will submit invoices for professional services after the completion of each Activity. Expenses will be billed as incurred. Invoices are payable upon receipt, or in accordance with the City of Fort Worth's requirements within 30 days. Activities Professional Services Payment Deliverables Not to ExceedExpenses billed as incurred Total Activity I: Planning/ Leverage Scope Definition Work Activity II: Define "As Is" - Conduct Information Gathering Activity III: Define Target Components of the "To Be" Environment HEIGHTS C 0 fl S U S . I • Project Charter • Project Plan • Project Team Kickoff • Conduct department leaders kick off meeting • Create project planning liaison team Executive Summaryand Report including: • Current contact types by department • Current volumes • Top information and service requests • Current service level agreements • Current customer oriented technology • Current costs of customer interactions • Current space for customer service interactions • Mystery shopping results • Customer service process and performance assessment results Executive Summaryand Report including: • Recommended model of centralized customer service including people, process, technology, facility $12,800 $37,000 $32,800 $5,300 $18,100 $7,400 $44,400 $7,400 $40,200 Heights Consulting Engagement Version 2 City of Fort Worth 17 January 2013—Page12 Activities Deliverables Professional Services Payment Not to Exceed Expenses billed as incurred Total Activity IV: Gaps Between "As Is" and "To Be" EnvironmentsDefine Gaps between "As Is" and "To Be " Environment Activity V: Define Alternatives to Achieve the "To Be" Environment Activity V I:Ana lyze/Recommend Alternative Activity VII: Develop Action Plan/Final Report HEK3HTS 0 N SUL TING and organization • Gap analysis findingsfrom customer assessment and recommended improvements Executive Summaryand Report including: • Gaps identified and summarized • Business transformation approach Executive Summaryand Report including: • Alternatives evaluated • Pros and Cons of each alternative • Alternative evaluated versus success criteria • Order of magnitude costs and benefits of each alternative • Organizational, employee and customer impacts of each alternative Executive Summaryand Report including: • Estimate the Total Cost of Ownership (TCO) of Consolidated Customer Service including: • Initial Start-up Costs • On -going Operations Costs • On- going Maintenance Costs • Develop timeline for implementation • Define organizational impacts Deliver final report (MS Word or PowerPoint) that includes the implementation decisions and action plan $18,200 $18,200 $37,000 $38,800 $194,800 $3,200 $3,200 $6,200 $6,300 $39,000 $21,400 $21,400 $43,200 $45,100 $233,800 Heights Consulting Engagement —Version 2 EXHIBIT C MILESTONE/DELIVERABLE ACCEPTANCE FORM Services Delivered: Milestone / Deliverable Ref. #: Milestone / Deliverable Name: Unit Testing Completion Date: Milestone / Deliverable Target Completion Date: Milestone / Deliverable Actual Completion Date: Approval Date: Comments (if needed): City of Fort Worth 17 January 2013—Page13 Approved by Consultant: Approved by City Department Director: Signature: Signature: Printed Name. Printed Name. Title: Title: Date: Date: For Director Use Only Contracted Payment Amount: Adjustments, including penalties: Approved Payment Amount: Heights Consulting Engagement Version 2 EXHIBIT D NETWORK ACCESS AGREEMENT City of Fort Worth 17 January 2013—Page14 1. The Network.The City owns and operates a computing environment and network (collectively the 'Network") Contractor wishes to access the City's network in order to provide [description of services]. In order to provide the necessary support Contractor needs access to [description of specific Network systems to which Contractor requires access, i.e Internet, Intranet, email, HEAT System, etc.]. 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of providing [description of services]. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials.The City will provide Contractor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor Access rights will automatically expire one (1) year from the date of this Agreement. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. This Agreement will be associated with the Services designated below. ❑ Services are being provided in accordance with City Secretary Contract No. ❑ Services are being provided in accordance with City of Fort Worth Purchase Order No. X Services are being provided in accordance with the Agreement to which this Access Agreement is attached. ❑ No services are being provided pursuant to this Agreement. 4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed annually if the following conditions are met. 4.1 Contracted services have not been completed. 4.2 Contracted services have not been terminated. 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Contractor has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Agreement. 5. Network Restrictions. Contractor officers, agents, servants, employees or representatives may not share the City -assigned user IDs and passwords.Contractor acknowledges, agrees and hereby gives its authorization to the City to monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this Agreement A breach by Contractor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Contractor pursuant to this Agreement shall be grounds for the City immediately to deny Contractor access to the Network and Contractor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 5.1 Notice to Contractor Personnel — For purposes of this section, Contractor Personnel shall HEIGHTS Heights Consulting Engagement Version 2 City of Fort Worth 17 January 2013—Page15 include all officers, agents, servants, employees, or representatives of Contractor. Contractor shall be responsible for specifically notifying all Contractor Personnel who will provide services to the City under this agreement of the following City requirements and restrictions regarding access to the City's Network: (f) (g) (h) Contractor shall be responsible for any City -owned equipment assigned to Contractor Personnel, and will immediately report the Toss or theft of such equipment to the City Contractor, and/or Contractor Personnel, shall be prohibited from connecting personally - owned computer equipment to the City's Network Contractor Personnel shall protect City -issued passwords and shall not allow any third party to utilize their password and/or user ID to gain access to the City's Network Contractor Personnel shall not engage in prohibited or inappropriate use of Electronic Communications Resources as described in the City's Administrative Regulation D7 Any document created by Contractor Personnel in accordance with this Agreement is considered the property of the City and is subject to applicable state regulations regarding public information Contractor Personnel shall not copy or duplicate electronic information for use on any non -City computer except as necessary to provide services pursuant to this Agreement All network activity may be monitored for any reason deemed necessary by the City A Network user ID may be deactivated when the responsibilities of the Contractor Personnel no longer require Network access 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon termination of this Agreement, Contractor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Contractor, its officers, agents, servants, employees and/or representatives to access the City's Network. 7. Information Securitv.Contractor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use.Contractor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, including but not limited to, theft of Contractor -owned equipment that contains City -provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City -provided Network credentials, and unauthorized use or sharing of Network credentials. ACCEPTED AND AGREED: CITY OF FORT WORTH: By:_ By: Fernando Costa Assistant City M Wage}' Date: 31201'3 APPROVED AS TO FORM AND L B Assistant City Attorney M & C: none required HEIGHTS 0 0 N S U L T 1 N G cetice Ona las r a v a-. eC toz%tom, `y` Lp �� ■ \ • FBI �4 � F�4,TTEST: .cy� ��pOppQ,p HEIGHTS CONSULTING LLC: Wth?riciii, \t Name: Rose Minton Title: President Date: 3 - I I -13 0 A'I me: 0000 Heights Consulting Engagement Version 2 City of Fort Worth 17 January 2013—Page16 EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY Full Legal Name of Company: Legal Address: Services to be provided: Heights Consulting, LLC 9328 San Rafael NE, Albuquerque, NM 87109 Evaluate and develop transition plan for implementation of a single advertised call number for all City services Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind the Company and to execute any agreement, amendment or change order on behalf of Company. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Company. The City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Company. Company will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. The City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by the Company. 1. Name: EosE rn 1 %rto tJ Position: Peres , b E trr Jrriza ‘Okiitra-tre. Signature 2 Name: Position: Signature 3. Name: Position: Signature Name: Rose Minton Signature of President / CEO Other Title: Date: LIS— l t - l3 JITEISULTINGGHTS N M&C Review Page 1 of 2 CODE* G SUBJECT: COUNCIL ACTION: Approved on 3/19/2013 DATE: 3/19/2013 REFERENCE NO.: TYPE: G-17838 NON - CONSENT LOG NAME PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORilI 230NE CALL -STEP 2 TRANSITION PLANNING NO Authorize Execution of a Professional Services Agreement with Heights Consulting, LLC, to Develop a Transition Plan for Implementation of a Single Advertised Number for a Call Center for City Services in the Amount Not to Exceed $233,800.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a professional services Agreement with Heights Consulting, LLC, to develop a transition plan for implementation of a single advertised number for a call center for City Services in the amount not to exceed $233,800.00. DISCUSSION: The City previously contracted with Heights Consulting LLC, (HCL), to develop an action plan for a phased approach to implement a single advertised number into a call center for City services. Step 1 was to define the scope of the One Call Center. Step 1 was completed in December, 2012. Step 1 involved 64 interviews with city leadership at all levels to identify needs. Two business drivers were defined. Business Driver No. 1 is to improve availability of information for citizens via the website through a centralized call center and use of printed materials. Business Driver No. 2 is to improve the ability of citizens to request routine services, report problems and receive responses within a defined time -period. The purpose of this Agreement is to develop a transition plan (Step 2) to implement the business drivers listed above. HCL will define our existing state in our call centers by conducting further interviews directly with Staff that provide customer service, gathering detailed information on individual call center operations evaluating performance and effectiveness, and will conduct department workshops with Staff. HCL will define the top 10 information requests received in each call center and conduct mystery shopping to evaluate one on one customer service. Under this Agreement, HCL will define the target components for the future environment's processes, technology, organization, indicators and measurements. HCL will identify the gaps between the existing and future environments and define alternatives to achieve success in the future environment. Alternatives for cost, timeline, citizen impact, employee impact and organization impact will also be identified. Staff considers this fee to be fair and reasonable for the scope of services to be performed. TERM - This Agreement shall be effective upon execution and expire April 2, 2014. M/WBE Office: A waiver of the goal for M/WBE subcontracting requirements was requested by the Department and approved by the M/WBE Office because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available, as appropriated, of the Water and Sewer Fund, Storm Water Fund and Solid Waste Fund. http://apps.cfwnet.org/councilpacket/mc review.asp?ID=18090&councildate=3/19/2013 3/19/2013