HomeMy WebLinkAboutContract 44292 ciTy sECRETARY
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CONTRACT
PROFESSIONAL SERVICES AGR"EEMEN"T
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by
and between the CITE' OF FONT WORTH (the Tit " ,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, andHeig is Consulting, LLC, (the "Consultant" r. "Contractor"),
acting by and through lose Minton, its duly authorized President, each individually referred to as a
64 art " 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 Payment Schedule
4. Exhibit Milestone Acceptance Form
5. Exhibit Network Access Agreement
6. Exhibit E Signature verification Foram
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 alll 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,"Starternent 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, 2011 "Initial Term"), unless
terminated earlier in accordance with the provisions of this Agreement. following the Initial Terra, this
Agreement may be extended upon wriften consent of the parties.
3,. COMPENSATION.
The City shall pair Consultant an amount not to exceed $23 , 00.00in accordance with the
provisions of this Agreement and the Payment Schedule attached as Exhiibit "R',"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 Cite first approves such expenses in writing.
Professional ervi es Agreement v'sed,Jun 2012
lry
7043 CITY SE:CRETARY
City of Fart�"u'ortl� Heights Consulting, LLC.
RECEIVED MAR 20 1 ORT
F1 WORTH, TX
4. TERMINATION,
4.1. Convenience.
The City or Consultant may terminate this Agreement at any time and for any reason by
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providing the other party with 30 days written notice of termination..
4.2 Non-apprgpriatioln of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period for any payments due hereundler, 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 291.
4.4 Duties and Obligations, of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City shalli
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. III CLOSURE 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 employeesY
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 a provall 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, delleite or oltherwi�se corrupt City
Information in any way. Consultant shall notify the City immediately if the security or integrity of any City
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information has been cor-npromlsed or is believed, to have been compromised,l 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 AUMT.
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
Ciity of Fort Worth-Heights Consulting, LLC
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access to and the right,to examine at reasonable 'times any directly pertinent books, documents, papers
and records of the con:s,ultant involving transactions relating to th�is, Contract at no additional cost to the
City. Consultant agrees that the, City shall have access during normal working hours to all necessary
Consultant faci,lities and shall be provided adequate and appropr:iate work space in order to conduct
audits in compliance, w�ith the, provis,ioins 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 complian�ce with the
provisioins of this paragraph. City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is e�xpres,s,ly 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,1
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 off'icersi,, agents, employees,, servants, contractors and subcontractors. Consultant
further agrees that nothing herein shall be construed as, the creation of a partnership oir joint enterprise
between City and Consultant. It is further understood that the City shal�l in no way be; considered a Co-
employer or a Joint emplolyeir 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 li�abile for any and all payment and repoirt�in�g of taxes on, blehalf of itself, and any of its
officers, agents, servants, employees or subcon�tractors.
8. LIABILITY AND, INDEMNIFICATION.
A. LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE ANDI�OR 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, AGEN�TS, 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 IS 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 PR�POER�TY INFRINGEMENT - Consultant agrees to defend, set�tle,,, or pay, at
its own, cost and expense, any claim or action against the City for ilinfringement of any, patent,
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copyright, trade secret,,, or similar property right arlising from C,"Ity's use of the information,
Professional Services Agreement Revised June 2012'
City of Fort Worth-Heights Consultin�g, LLC
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documentation, or process provided in accordance with this agreement. Consultant shalll have the
awl's right to conduct, the defense of any such claim or action andl 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 there ofis held to infringe and the use thereof is
enjolined or restrained or, if as a result of a settlement or compromise, such use is mat,eri,ally
adversely restricted, Consultant shall, at its own expense and as City's s ►le remedy, either:, (a)
procure for City the right to continue to use the information, documentation and/or process-1 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 andior 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.
9.1 ASSIGNMENT AND SUBCONTRACTING.
Coins,ultant 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
$3001000 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 vehiclel" shall
be any vehicle owned, hired and n:ion-owned,
(c) Worker's Compensation - Statutory limits
Employer's liability
$1001,0010 Each accident/occurrence
$100,000, Disease - per each employee
$5007000 Disease,- policy limit
Professional Services Agreement Revised June 2012
City of Fort Worth-Heights Consulting,LLC
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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! Liabli,lity of 100,000 each
iaccident/occurrence, $5010,000 bodily injury disease policy limit and $100,000 per disease pier
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
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$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 cancei�llatioln or reduction in limits of coverage shall be
provided to the City. Ten (10) days notice shall be ac�ceptabille in the event of non-payment of
premium. Notice shalll be sent to the Risk Manager, City of Fort Worth, '1000, Thirockmorton,, 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 miniimum, 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 apiprova,l 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.
M 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,-ORDINANCESL RULES ANA..11REGULATIONS.
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Consultant agrees that in the performance of its, obligations hereunder, it will comply with alll
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 federall, state and local laws,
ordinances, rules and regullations. If the City notifies Consultant of any violation of such laws,
ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation.
Professional Services Agreement Revised June 2012,
City of Fort Worth i—He!iights Consulting,LLC
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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 emp,loyment 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 harm�less,from such claim.
13. NOTICES.
Notices required pursuant to the provisions of thus, Agreement shall be coinclusiveli y 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 Wo�rth Heights Consulting, LLC
Attn: Fernando Costa, Assistant City Manager Attn,- Rose Minton
1000 Throckmorton 9328 San Rafael NE
Fort Worth TX 76102-6311 Albuquerque, NM 87109
Facsimile.- (817) 392-8654 Facsimile:
With Copy to the City Attorney
At same address
14. SOLICITATION OF EMPLOYEES.
,Neither the City nor Consultant shall, during the term of this agreement and additionallly 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 teirm 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.
151. GOVERNMENTAL POWERS/11MMUNITIES
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.
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1,61. IVER.
The faiilure 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 iinsist upon appropriate performance or to assert any such right on any
future occasion.
Professional,Services Agreement Revised June 201121
City of Fort Worth_Heights Consulting, LLC
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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 Diis,trict Court for the
Northern District of Texas, Fort Worth Division.
1& SEVE,RABIL,ITY.
If any provision;, of this Agreement is held to be invalid, illegal or unenforceable, t'he vallidity,
legality and enforceability of the remaining provis,ioins shall not in any way be affected or impaired.
FORCE M AEI E,URE.,
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 hod, acts of the public
enemy, fires,, strikes,, loic�koluts,, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
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00, H-EA,DING�S 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 ambliguities are to be resolved
against-the drafting party shalll 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, contailins, 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- Height's Consulting,LLC
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2,5. 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 bireach of this warranty within thirty (3 01)
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 s,eirviices 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 Exhilbilt "C." If the City
rejects the submission, it will notif,ythe Consultant in writing as soon as the determination is made listing
the specific reasons, for rejection,. The Consultant shall have ten (101) 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 Exhibilt "ID" and incorporated herein for all purposes.
28. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act IN 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
upon request, provide City with copies of all 1-9 forms, and supporting eliigiblility documentation for each
employee who performs work under this Agreement. Consultant shall establish appropriate procedures
and controls so that no services wi ll 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,
or liabilities due to violations of this provis,ion. Ciity shall, have the right to immediately ter,rmin�ate 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 p,rocess. The disputing party shall notify the other party in writing as soon as practicable after
discovering the claim, dispute, or breach. The notice shalll: 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 claimi, 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(601) days of the date of receipt of the notice of the dispute, then the parties may submit the matter
Professional Services Agreemient Revised June 2012
City of Fort Worth—Heights Consulting, LL,C
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 medliat,or shall be agreed to by the parties. Each
party shall be liable for its own expenses, includ'ing attorney I s fees,- h�olwever, 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, resolllution�, ordinance or other authorization of the entity. This Agreement, and any
amendments) (hereto, may be executed iby any authorized representative of Coinsullltant whose name, title
and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as
Exhibit "El" 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 alll 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 medi,um of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a It 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 '"wort -made-for-hire 11 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, anal 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,LLCM
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IN "NESS,WHEREOF, the parties hereto have executed this Agreement in multiples this a y of
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ACCEPTED AND AGREED.-I
CITY OF F' RT WORTH: NAME OF'CONS,U LT" ,NT:
Heights Consulting, LLC,
00,
By-', 0/0 /-Og H . k9QQ 11
Fernando Costa Name: Rose Minton
Assistant City Manager Title: President
Date: Date: 3- 11- 13
640WN,: ATTEST:
ATTEST:
U, FM
00;4
City ., ow Svtary 0
APPROVED AS TO FORM AND LE
B
Maleshi B. Farmer
Senior Assistant City Attorney
CONTRACT AUTHORIZATION:
&, f w+. 8
M&C,:
Date Appirovedr :
0 FiFiCIAL
j
PP
ctry RECORD
secks
Professional Services,Agreement w0j?-rjf Mity RevisedJune 2012
City of Fort Worth,—Heights Consulting,LLC
P I
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EXHIBIT A
to enI Work for
C"Ity of Fort Worth
One Call — Transition Planning
4 February 2013
HI I
eights,Consulting Engagernent—Version 2 City of Fort Worth
17-January 2013—Pagei
Table of contents
Ta�ble of Contents
Statementof Work,N 40000 0 0000 0 0009****ON 0#000 **000000*4001009 40#**eo***we o sweet*o N a a too so saw moo so ON w*owooso..we as 2
Activitiesfor Step 21— Transition Planning... sees News a*******a**o o owe*******toot******some**6 0 to 2
Activity 1. P1 a tin ling/Leve rage Scope Definition Work....... iww
Prc�ject Charter ............................................................................................. ........................................2
0 Project Plan.................. .......................................................................................................................2
0 Project Team Kickoff....,.....................................................................................................................2
Conduct departinent leaders kic,k off meeting ...................................................................................2
Create project planning liaison team.................................... ..............—.......................................�.2
Project Sponsor review and approve Activity I del iverabiles and decisions.....,......................................................2
Activity 11. Define As,Is - Conduct Information
Information Gathering Executive Summary and. Report ........................................................................... ............2
Project Sponsor review and approve Activity 11 deliverables and decisions........................................................ 2
Actl*"*ty 111. Define Target Components of'the To Be Environment
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 o*too oo*000*000*000 o.000m0000002
Executive Summary and Report ..................... ................................................ ......................................—....2
'reject Sponsor,review and approve Activity IV deliverables and decisions........................................................2
Activity V. Define Alternatives to,Achieve To Be Environment...........
Executive Summary and Report..................................... ......................-...............................................................2
Project Sponsor review and approve Activity's deliverables and decisions .........................................................2
Activity VI. Analyze & Recommend Alternative
Executive Summary and Report .............. .............................................................................................. ..........2
Project Sponsor review and approve Activity VI deliverables and clecilsions, ................—..... ................. 2
Acti"*ty VII.Develop Action Plan,and Final 'Report
Deliver final report(MS Word or PowerPoint)that includes,the implementation decisions and action plan.....2
Project Sponsor review and approve Activity V11 deliverables and decisions ........................................................2
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City,of Fort Worth
Heights Consulting Engagement—Version 2 17 January 20,13—Pag,e2
Activity I. Tannin overage Scope Definition Work
The objective of'this activity is to utilize the work completed in Step I —Scope Definition.Step I defined
expectation s for Scope., Step 2 - Busines,s trans for niatio n is the work that needs Lo be planned to get technology,
facilit , 2e 221e and Qrocesses ready to transition, Ac�tivitl I Qlansi,the work to be comeleted in Step 2.
Activity Heights C'onsuftlng Key Heights Consulting Key City of Fort Worth Heights City of Fort
Description and' Activities,Include but not Delliverables,(Papier or Key Deliverables Consulting Worth
Purpose limited to Process),include but not (Paper or Process) estimated esim' lated
limited to include but not limited Work Work
to Duration Duration
Planning& 0 Confirm Project resources Project Charter Participate in team 3 weeks
Leverage Scope and organization Project Plan meetings Combination
DefiWtion Develop Project Char Participate ter Project Teom Kickoff Paicipate in onsite and
Work Conduct department •
developmenit', offsite
leaders kick off meeting
Define City budget review and edit of
requirements and deadlines Create project planning deliverables
liaison team
Conduct kickoff Fort Worth PM
Perform initial'stakeholder assist with project
analysis plan updates
Develop an approach to i
gather business
transformation expectations
and needis,for tranisiltion
planning
Project Sponsor review 2 weeks
and o'pprove Activity
deliverables and
decisions
Activity 11. Define As Is - Conduct Information Gathering,
The objective of Activity 11 is to gather the information needed to define the current environment.
Activity H * ts Consult 0 VX Cit, Heights City o Fort
I I y H Alights Consulting Key eigh ing Key y of Fort Wortb
1 1 1 C I t" h
Description and Activities,in lude but not Deliverables(Paper or Key Deliverables Consultino Wort
Purpose finuted to Process),'include but not (Paper or Process) estimated estimated
liull'ted to include but n�ot Work, Work
lirmited to Duration Duration
L rine"As Is" Manage 311 lliaiison process information Gathering Participate in team 8 weeks
–Conduct Review existing Executive Summary and' meetings Combination
Information documentatioln,customer Reportincluding: Review onsite and
Gathering
surveys and strategies Current contact types information offsite
by department gathering results
Create and manage the
information gathering Current volumes « Review
process Top information and information and
conduct follow
Update expectations service requests up/validation for
assessment Current service level' incomplete items
Update success criteria and agreements
Fort Worth PM
measures Current customer assists,Heights,
Define project success oriented technology Consulting with
scorecard information
Current costs of gathering,and
I
A 11
Activity Heights,(".onsuiting Key Heights Con sult'ling 'Key City of or Worth Heights City of Fort
Description and Actlivities,incItilde but,not Deliverables(Paper or Key Deliverables Consulting Worth
Purpose limited to Process),'Include but not (Paper or Process) estimated es t I'mated
limiteld to include but not Work Work
lini"Red to Duration Duration
---------- . ....... --------
customer interactions, assessiment
Current space for Participate in
custiomer service development,
interactioln's review ancl edit of
Mystery shopping
results
Customer service
process and
performance
aissessment results
Project Sponsior review
and:aipprove Activity 11
deliverables and'
&NIVI
Activ-4 H elights Consultling Key Heights C.onsulting,Key City of Forit Worth Heights City of Fort
Diescniptionand Activities include but not Deliverables(Paper or Key Deliverables consul t]"n'a Worth
Purpose limited to Prot ess�),'Include but,not (Paper or Process) estimated estimated
limited t o Include but not Work 'W'ork
liftlited to Duration Duratio)l
–—---------------------------
Define Target Executive Summary and Participate in team 6 weeks
Components of' Reportincluding',o, meetings
Wro Be" Combination
Recommended model Participate in onsite and
Environment of centralized customer d evelopment, offs1te
service including review and edit of
p; I
eople,process, deliverables
techinoilogy,facility and
orManization
Mr
Gap analysis
findingsfrom customer
aisseissmient and
recoimimiended
improvements
J ............
Project�i��ui Sponsor r,evi ew
and approve Activity 11111
deliveroblies and
deciisions
it
LO ft.Le
Activ*ty 11eights Consulting Key Heights Consulting Key City of Fort Worth Heights City of Fort
Description and Activities,include but not Deliverables('11aper or Key Deliverables Consulting Worth
Purpose limited to Process),include but not (Paper or Process) estimated estimated
111yuked to include but not limited Work Work
to Duration I)tiration
---------------7F-
I Define Gaps Document gaps between Executive Summary and J 0 Participate i�n team 2,weeks
between"As Is" the As Is,and,To Be Reportincludi meetings
I� Combination
&" To Be"
oinsite and
Develop gap summary to Gaps identified and' Participate in
Environment
J
use in alternatives analysis summanzed development.. offs1te
review a�nd et :
Define business Business deliverables
I tranIsformation ap onapproac
inclluding:pollicies, h
proceduires,administrative
instructions,statutes,
organization structure
communiicatioln within and
between,departments
Project Sponsor review 2 weeks
and'approve Activity IV
defiverables and
decisions
Activity Heights Consulting Key Heights Consulting Key city or Fort Worth Heights flit, of Fort
Description and Activities.include but not Deliverables(.Paper or Key Deliver tiles Consulting Worth
Purpose limited to Process),include but not (Paper or Process) estlinniated estimated
ii Whet to include but not Work Work
limited to Duratioll Duration
.......... ---------------
7--t
Mine Define alternatives to Execuitive Summary and Participlaite in team
2 weeks
Alternatives to li achieve the target Reportincluding: meetings
Achieve"To environment including Combination
0
e Ji
funding options. Alternatives evaluated Participat onsite and
offs-
Environment Pros and Cons of each de�velo p
�men!t, I
review and edit of
Analyze pe!oIpile,proicei alternative
technolM"y facility deliverables
impacts of each alternat�ive Alternative evaluated
versus success criteria
OrdIer of maignitude
costs and benefits of
each alternative
Orgainizaitioinail,
employee and
customer impacts of
each alternative
IL
Project Sponsor review
and approve Activity V
defiverables and
decisions
Activity Heio'hts Consti-Ifling Key Heights Consulting Key Cl*t,.v of Fort Worth, Hehybts Citv of Fort
Description and Activities. include but not Key Deliverables
I I I j Deflverables(Paper or Consulting Worth
Purpose limited to Process),"Include but not (Paper or Process) estimated estimated
limited to include but not Work Work
limited to Duration Duration
4 weeks
j
Analyze,& Finalize recornmended Executivei Summary and Participate in team
3-nd alternative Reportincluding: meetings
Recomme Combination
Alternative
Develop estimated budget Estimate the Total Cost Participate in onsite and Iii p�u
for alternative of Ownership(TCO)of development, offsite
Consolidated Customer review and edit of
Develop estimated timeline
Service including: deliverables,
foir recommendation
Initial Start-up Costs
On-going Operations
Costs
Cin-going MIaintenance
Costs
Develop timeline for
implementation
Define;organizatioinalil
impacts
Define funding
recommendation
Pr ject III I review 2 weeks
01
and approve Activity V1
defiverables and
ded.si ons
1H M
1111JOHM11MM44
40
Activity Heights Consulting Key Heights Consulting Key City of Fort Worth Heights City of Fort,
Description and Activities,,includclout not Deliverables(Paper or Key Dell vcar,,tibles Consultints Worth
Purpose ]'limited to Process),include but (Paper or Process) estimated estimated
not limited to include but not Work Work
limited to Duration ►uratiOn
Participate in team 4 weeks
Develop Action Develop executive summary Defiverfinal report(MS 11
Plan&Final of implementation decisions meetings,
Word or,PowerPoint)that Combination
and pilan
Report * Participate in onsite and
includes the implementation
Facilitate multiple reviews development, offsite
and edits of the executive decisions and action plan M1 review and edit of
summary deliverables
Present the executive
summary,to!various senior
manage Iment before the
final Presentation
Present executive summary
of implementatioi n decision!s
and action plan ii DI VIII�I Project ■Sponsorreview 2 weeks
and approve Activity V11
deliverables and'
decisions
City of Fort Worth
Heights Consulting Engagement—Version 2 .mm. 17 January 2013— age6
n „H;
„� EHS
N11 I U L T �N
City of Fort Worth
Heights Cons ulti r�2E nglagement—Version 2 17 January 2013—Page7
Schedul�e
He,ights Consultingand the City of Fort Worth will use reasonable business efforts to complete the SOW in
accordance with agreed schedules,.The Lirne 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 panties, may impact the schedule. Depending on the start date of the engagement, major holiday periolds, 1-n.ay
also impact the schedule. Both parties shall inf(,,)rm 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.
d Aviation
■ Budget
01 City Attorney
• City Manager 11 s Off ice
• 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 Call Center)
■ Planning and Development (Call Center)
• Police (9111 Call Center)
• Public Events
• Transportation and Public orbs (City Call Center)
• Water (CalIl Center)
WHEIGHT5
City o�f Fort Worth
H.e,ig.hts Consulting Engagernent—Version 2 17 January 2013—Pa ge8
Assumptions
The following assumptions 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.
M 'The City of Fort W'o,rth will actively participate and contribute to all the efforts outlined in
this proposal and Statement of'Work.
N The City of Fort Worth will arrange for the key staff functions, that willi, 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.
General'l'y, Heights Consulting will provide templates for data collection and the City of
Fort Worth gill be responsible for data colleictioln.
0 The Heights Consulting work will be completed while onsite and offsite. An agreed upon
project plan will determine schedule for oins,ite and offsite work.
m Office space, telephones and internet access will be made available for Heights
Consulting, staff at City of Fort Worth locations for on-site project time.
0 Heights Consulting will have access to p,rintin,g/cop 'in g services at City of Fort
Worth locations.
0 The C,ity 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 setforth with specificity
4:�
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 oil 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 it 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
iiiiii 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
s, Any changes requiring additional research, analyst time or changes to research analyst
resources
�)Elp TS
i J tq 0
...............i1c,0N�� a
City of Fort Worth
Heighits Cons ultingEngag:ement—Versoon 2 17 Januwy 2013--Pa e9
Authorization
By signing below, both the City of Fort Worth and Heights Consulting agree toy the terms of this Statement of Work
SUBMITTED ON BEHALF OF HEIGHTS CONSULTING
SIGNATURE
Rose M'inton, President
PRINT,NAME AND TITLE
DATE",
AGREED ON BEHALF OF CITY OF FORT WORTH
Fernando Costa
SIGNATURE
Assistant City Manager
PRINT NAME AND TITLE
DATE
Bilfin address-. CRY of Fort, Worth PO Hag er(Iff req'd):
1000'Throclanorton Street
Fort Worth,Texas 761012
Any questions regardi"ng thl's tat merit of Work
should be addressed to:
Rose Minton
President
Heights Consulting
9328 San Rafael NE
Albuquerque, NM 87109,
Or
505-301-4973
w, r N4 G
Heights Consulting Engagement—Ver ion 2 City of Fort Worth
17 January,2013—Pagel 1
EXHIBIT B
PAYMENT SCHEDULE
Professional services fees for this engagernent will be a fixed price of$194,800., Expenses for this engagement will be
billed as incurred, not to exceed S39,000.The totral 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,
withi,n 30 days.
Activities Professional Services, Not to Exceed Expenses Total
Payment billed
Delliverables
as incurred
Activity 1,-. Planning/ • Project Charter $12,8010 $5,300 $18.100
Leverage Scope Definition # Project Plain
Work • Project Team
Kickoff
& Conduct
department leaders
kick off meeting
Create project
planning liaison
team
Activity II:Define"As Is"- Executive Sums mar yan:d $37',000:i $7,400 $44,400
Conduct Information Report including:
Gathering Current contact
types by
department
Current voliumes
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
Activity III®Define Target Executive Sumimaryand $32,800 $7,400 $40,200
Com,ponien�ts,of the""To Be," Report including:
Environment Recommended'
model of
centralized
customer service
including people,
process,
technology,facility
HG„ T
He,ights,Consulting En!glagemient—Version 2 City of Fort Worth
17 January 2013—Page12
Activities Professional Services Not to Exceed Ex�plen�ses Total
Deliverables, Payment billed
as incurred
and organization
Gap,analysis
findingisfrom
customer
assessment a nd
recommended
improvements
Activity IV:Gaps Between Executive Summaryand $18,200 $13f200 $21,400
"As is"and"'To Be" Report including:
EnvironmentsDefine Gaps w Gaps identified and
between"As Is"'and"'To Be summarized
Environment « Business,
transformation
approach,
Activity V:Define Executive Summaryand $18,20,01 $30200 $21,400
Alternatives to Achieve the Report including:
"To Be"Environment 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
Activity, Executive Summaryanid $37,000, $6,200 $43.,200
VI.-Analyze/Recommen,di Report including:
Alternative • 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
......... ....
Activity VII: Develop Action Dell verfinal report(MS $38,800 $6,300 $45,100
Plan/Final Report
Word or PowerPoint)
that includes the
implementation decisions
and action plan
$194,800 $39,000 L$2 p8OO
5
H(EIGH'T§
_01",11111114TC11 "),N1 r)L r
Height s Consulting Engagement—Version 2 City of Fort Worth
17 January 201 3—Page 13
EXHIBIT C
MILIESTONE/DELIVERABLE ACCEPTANCE FORM
Services Delivered:
Milestone/Deliverable Ref.
Milestone/ Dielliverable Name:
Unit Testing Completion Date-, ......
Milestone/ Deliverable Target Completion Date:
Milestone/Deliverable Actual Completion Date.-
Approval' Date:
Comments it needed).-
Appr'oved' by ConSLIItantm. Approvedi 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:
011.11!�IEIGHTIS*%
P1114!131 11 1 L r ""i
Heights Consuffing Engagiement—Version 2: N,.ity of Fort Worth
17 January 2013—Page14
EXHIBIT D
NETWORK ACCESS AGREEMENT
1. The Network.,T w
he City ow and operates a computing environment and netwk or (collectively the
"Nietwork").Contra ctor 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, emaill, HEAT System, etc.].
2. Grant of Lim'Ited 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 11 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 Credenfialls.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 (11) 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 occuirs first. This Agreement will be associated with the Services designated below.
El Services are being provided in accordance with City Secretary Contract No.
Eli 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.
D 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 (3o') 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 requilriing 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.
s:. 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 iin order to ensure
Contractor's compliance with this Agreement.A. breach by contractor,1 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 immiediatelly 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 eqlulilty.
5.1 Notice,to Contractor Personnel — For purposes of this section, Contractor Personnel shall
-11011111!H g I 191�Tl
Heights Consulting Engagement—Version 2 City of Fort Worth
17 January 2013—Page l5
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:
(a) Contractor shall be 'responsible for any City-owned equipment assigned to Contractor
Personnel, and will immediately report the loss or theft of such equipment pment to the City
(b) Contractor, and/or Contractor Personnel, shall be prohibited from connecting personally-
ownied computer equipment,to the City's Network
(c) 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
(d) Contractor Personnel shall' not engage in prohibited or inappropriate use of Electronic
Communications Resources as described in the City I s, Administrative Regulation D7
(e) 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
(f) 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
(g) All network activity may be monitored for any reason deemed necessary by the City
(h) A Network user ID may be deactivated when the responsibilities of the Contractor
Personnel no longer require Network access
6., Termi'nation. 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'. Informaflon Se Contractor agrees to make every reasoniabille effort in accordance with
accepted security practices, to protect the Network credentials and access method's 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 I s Network, including but not
limited to, theft of Contractor-owned eqlulipment 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:
t 1.
CITY OF FORT'" V. HEIGHTS CONSULTING LLC.
Fernando Costa Name.- Rose Minton
Assistant City nagep 'Title- President
Date.- Date: 3 -11— )3
.........
ATTE.ST:
TEST:
By:
�
Cify Secrete me:
5 Itle:
APPROVED AS TO, FORM AND L
Ile 0000000''
B S
�Ttant City ttorney
Assistant City ttorney
M! & C.- none re wired
flEIG
HTS
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Heights,Consulting Engagernent—Version 2 City of Fort Worth
17 January 20 3--bagel 6
EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
Full Legal Name of Company: Heights Consulting, LLC
Legal Address* 93,28 San Rafael NE, Albuquerque, NM 87109
Services,to be provided: Evaluate and develop transition plan for implementation of a single
advertised call number for all City services
Execution of this Sigr ature Ver"Ification Form ("Form"') hereby certifies that the following individuals
and/or positions have the authority to legally blind the Company and to execute any agreement,
amendment or change order on behalf of Company. Such binding authority has been granted by proper
order, resollutioni, 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-. eonE M I -ro
Position.: y-r-
Signiatuire
2. Name-
Position-.,
Signature
3. Name-
Position.
Signature
Name: Rose Mintoin
Signature of President CEO
Other Title:
Date,-, -1
HEIGHTS
0 P4 33,IJ L T 1 7,4
M&C Review Page I of'2
G)fficia site.of th(:!City of Fort Wortf),
.moft. 'At
C.ITY cauu "NciLa AGENDA FOR,Wool"]
COUNCIL ACTION.- Approved on, 3/19/2013
&00ek,,W;, kQ;�
DATE.- 3/119/2013 REFERENCE G-1 7838 LOG NAME: 230NE CALL-STEP 2
NO.: TRANSIITIO�N PLANNING
CODE: G TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT.- 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' $2331,800.00 (ALL COUNCIL
DISTRICTS)
aw"A"NUM
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 ad 'remised 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, 2,012. 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 webs,ite
through a centralized call center and use of printed, mater�ials. 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, organilzationi, indicators, and measurements. HCL will identify the gaps between the
existing and future environments and define alternatives to achlieve success in the future
environment. Alternatives for cost, timeline, citizen impact,, employee impact and oirganlization,
impact will also be identified,.
Staff considers this fee to be fair and reasonable for the scope of services to be performed.
TERM -Th,is,Agreement shall he effective upon execution, and expire April 2, 21,014.
M/WBE Office*. A waiver of the goal for M/WBE subcontracting requirements was requested by the
Department and approved by the Mi/WBE Office because the purchase of goods and services is from
sources where subcontracting or supplier opportunities are negligible.
FISCAL INFORM,ATION/CERTIIFICATIO!1 ,',
The Financial Management Services Director certifies that funds are available, as appropriated, of the
Water and Sewer Fund, Storm Water Fundl and Solid Waste Fund.
http-,Hap,ps.cfwnet.or,g/council_packet/mc—review asp'?ID=I 8090&council date=3/1 9/2013 3/19/20113
MC Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 531200 0604002 148,450.00
P,E45 531200 07040012 $481450.00
PE69 531,200 0209000 154,760.00
PE64 539120 0239902 $821140.00
Submitted for C*I'ty ManAger"s Of Charlies, Daniels (6199)
1,
Orig*1nating Department Head.- Brandon Ben,neft(6345)
AcId'Iflonal Informafilon Contact:. Sharon Gamble (5094)
ATTACHMENTS
bttp-,//apps.cfwnet.org/council_packet/mc—review.asp'?ID=I 8090&counciI date=3/19/2013 3/19/'2013