HomeMy WebLinkAboutContract 28356lo/tJN� C� � f r q
�R���S�fONAL SE1�V1CI�S A(9R�Fl�I�N�' �0�� �a
This PROFESSIONAL SERVICES AGREEMENT {"Agreement"} is made and
entered into by and �etween the CIiY O� �OR�' 1N�R�'b (the "City°}, a home rule
municipal carporation situated in portions vf Tarrant anci Denton CoUnties, Texas,
acting by and through Charles Boswell, its duly authorized Assistant City Manager,
and ,�VIZI�N i�CHN10LOC1�5 CROU� ("Consul�an�"j a Texas corporation and
acting by and thro�gh ���c�,� ,� ���� its duly authorized
� � s; r�,�D �� .
1. SCO�� 8�' ��RVI�E�.
Consultant hereby agrees to provide the City with professional consulting
services. Such services are interim suppor� af the City's mainframe computer
en�ironment. Consultant shall pro�i�e day-to-day support af the mainframe-operating
environment by providing technical management of the current environmen�, transition
to the new enviranmenfi, and technically manage the new en�ironment.
2, i��lll�.
The term of this Agreement shall be far one year beginning on October 1, 2002
and expire S�ptem�er 3�, 2003.
3. COIUYPFIV�r4�lON.
The City shall pay Consultant an amount not to exceed $153,600.00 in
accordance with the provisions of this Agreement. Consul#ant shall not perform any
additional services �For the City not specified by this Agreement Unless tY�e City
requests and appro�es in wrifiing the additional costs for such services. The City shall
not be liable for any additiona[ expenses of Consultant not specified by this A�reement
unless the City first appro�es such expenses in writing.
4. T�RI!lYfN�►�18N.
4.1. 'INritten Notice.
The City or Consultant may t�rminafe this Agreement at any time ar�d for
any reason by its providing the other party with 30 days' written notice of
termination.
�JU � d�11[�a�� �`.1����v�t!
Cil. . .. � �.u� l�
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4.2 Non-appropriatian of Funds.
ln the eWent no funds or insufficient funds are appropriated by the City in
any fiscal period for any payments due h�reunder, City will notify Cansultant of
such occurrence and this Agreement shall terminate on the last day of the fiscaf
period fvr which appropriations were recei�ed 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 shall be been appro�riated.
4.3 Duties and �bliqa�ions af the Parties.
In the event that this Agreement is terminated prior to the Expiration
Date, the City shall pay Consultant far services actually rendered as of the
effective date of termination and Consultant shall confinue to provide the City
wi#h services requested by the City and in accordance wifh this Agreement up
to the effective date of termination.
5. 91SCL�SUR� O� ��N��ICTS AR�D GOIV�I���if�� IfdF'�RIV�A�IOiV.
Cansultant hereby r,varrants to the City tha# Consultant has made full disclosure
in writing of any existing or potential conflicts of interest related ta Consultant's
services and proposed ser�ices w�th respect to ihe Sco�e of Services. In the event
that any conflicts of interest arise after the Effective Date of this Agreement,
Consultant hereby agrees immediately to make full disc�osure to the City in writir�g.
Consultant, for itself and its officers, agents and emplvyees, further agrees that ifi shall
trea# al1 information provided to it by the C�ty as conf�dential and shall not disclose any
such information to a third party without the prior written approval of the Ci�y.
6. I�' ��PEI���Wi CON�'�ACiO�.
It is expressly understaod and agreed #Mat Consultant shall operate as an
independent contractor as to all rights and privileges granted herein, and not as agent,
representative or employee of fhe City. Subject to and in accordance with the
conditions and provisions of this Agreement, Consultant shall have the exclusive right
to contraf �he detaifs of its operations and acti�ities and be solely responsible for the
acts and omissians of its ofFicers, agents, servants, employees, contractvrs and
subcontractors, Consultant acicnowledges that the doctrine of respondeaf superior
s�all not apply as between the City, its officers, agents, servanfs and employees, and
Consultant, its officers, agents, employees, ser�ar�ts, contractors and subcontractors.
C�nsultant further agrees that �othing herein sha{I be construed as the creatio� of a
partnership or joint enterprise between City and Consultant.
7. L1�4�fLI�Y r4[V� IN���iPlIFICATION.
CONSUL7ANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PR�PERTY LOSS, PROPERTY DAMAGF ANDIOR PERSONAL 1NJURY,
INCLUDING DEATH, TO ANY AND ALL P�ERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTEI1fT CAUSED BY THE NEGLIGENT
ACT(Sj OR �MISSIDN(5), MALFEASANCE OR 1NTENTIONAL MISCONDUCT OF
CONSULTANT, 1TS OFFICERS, AGENTS, SERVANTS �R EMPLOYEES.
CONSULTANT COVENRNTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, IT5 �FFlCERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST A11�'Y AND ALL
CLAIMS OR LA WSUITS FOR ElTHER PROPERTY DAMAGE OR LOSS
(1NCLUDING ALLEGFD DAMAGE OR LOSS TD CONSULTANT'S BUSINESS AND
ANY RESUL.TING LOS7 PROFfTS) ANDIOR PERSONAL INJURY, INCLUDING
DEATN, TO AN� AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER
REAL 4R ASSERT"ED, ARISING OL/T �F OR IN CONNEC710N WITH TN15
AGREEMENT, TO THE EXTEIVT CAUSED BY 7HE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF C�NSULTANT, ITS �FFICERS, AGENTS,
SERVANTS OR ENIPLOYEES.
�. �ssi�n�n��n�� ��� su�co�Y����i��.
Consultant shall not assign or subcontrac# any ofi its duties, obfigations or rights
under this Agreement without #he prior written consent of the City. If the City granfs
s�ch consent, the assignee or subcontractor shali execute a written agreement with the
City under which the assignee or subcontractor agrees to be bound by the duties and
obligatians of Consultant under this Agreement.
9. COI�lIPLIAfVC� l�ill�b �AY��. ORDiNA[V���, �U�ES AND R�GL��TIOf�S.
Consultant agrees to comply with all federal, state and local laws, ordir�ances,
ruies and regulations. If the Gity notifies Consultant of any �iafatian of such laws,
ordinances, rules or regulations, Consultant shall immediately desist fram and correct
the violation.
� o. �o���isc�i�i�,��io� cov�����r.
Consultant, for itself, Et5 personal representatives, assigns, subconfractors and
successors in Enterest, as part of the consideration her�in, agrees that in the
performance of Consultant's duties and obligations hereunder, if shall not discriminate
in the treafinent ar �mplvyment of any individual or group of indi�iduals on �he basis of
race, calor, national origin, religion, hand�cap, sex, or familial status. If any claim arises
from an alleged vialation of this non-discrim�nation 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.
� � . NOTIC�S.
Notices required pursuant to the pro�isions of #his Agreement shall be
canclusively determined to ha�e been deli�ered when (1) hand-defivered ta the other
party, its agenfs, employees, servants or representa#i�es, (2) delivered by facsimile
with electronic canfirmatian of the transmission, ar �3} recei�ed by the other party by
United States Mail, regisfered, return receipt request�d, addressed as follows:
To THE GITY:
City of Fork Worth11T Solutions
1 Q00 Throckmorton
Fort Vllorth TX 76102-6311
To CONSULTANT:
Aviz�on Technologies Graup
1630a Addison Road, Suite 2590
Addison TX 75Q01
Facsimile: (817) 871-8654
1�. �O�lCli�i��f� ��' �f+ll���Y���.
Fax: (972) $18-8402
Neither the City nor Consultant shall, during the term of this agreement and
additionally a period of one year after its termination, so[icit for employment or employ,
whether as emplayee or independen# contract�or, any person who is or has been
employed by the other du�ing the term of this agreement, without t1�e prior written
consen� of the person's employer,
13. GO�EF�NIl�IFIV��►� P�IdIl�RS.
It is �nderstaod and agreed that by executian of this Agreement, the Gity does
not wai�e or surr�nder any of its go�ernmental powers.
��. �o ��i���.
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 nof
constitute a waiv�r of the City's or Consultant's respective right to insist upon
appropriate perFormance or fo assert any such right on any future occasion.
1�. Y�IV��r �l���t7�Itl���l� /"�IY� �/�rE1Vt7Gt7.
This Agreement shall be construed in accordance with the laws of the State af Texas. If
any action, whether real or asserted, at law or in equity, is brough# on the basis of this
Agreement, venue for such action shal! lie in state courts located in Tarrant County,
Texas or the United States Disfrict Court for the Northern District of Texas, Fort Wor�h
Division. In any such action, the prevailing party shall be �ntitled to recover from the
other party reasonable attorneys' fees incurred in the bringing ar defending of th�
action.
16. S�V�F�4�I�I�Y.
If any pravisian of this Agreement is held to be
the validity, legality and enforceability of the remaining
be afFected or impaired.
11. FORGi� flllr4J�lJ��.
invalid, illegal or unenforceabfe,
pro�isions shall nvt in any way
The City and Consultant shall exercise their best efforts to meet their respecti�e
duties ar�d obligations as set forth in this Agreement, but shall not be held liable for any
delay or omission in performance due io 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 omission, fires, strikes, lockouts, nationa{
disasters, wars, riofs, material or labor restrictions by any gavernmental authority,
transportation problems ar�dlor any other similar causes.
18. H�ADIiVG� iVOi C�1VTFt�LLIN�.
Headings and titles used in this Agre�ment are for reference purposes only and
shall not be deemed a�art of this Agreement.
19. �NiIR1�iY 8� �,CR�Efi�ERlT.
This Agreement, including the schedul� af exhibiis atfached hereto and ar�y
documents incor�orated herein by reference, confains #he entire understanding and
agreement between the C�ty and Consultant, their assigns and successars in interest,
as to the matters• contained herein. Any prEor or cvntemporaneous oral or written
agr+eement is hereby declared null and �oid to the extent in conffict with any pro�ision
of this Agreemenf. This Agreement shall not be amended unless agreed to in writing
by both parties and, if required, approved by the City's City Council.
IN WiT ESS WHEREOF, the pa�ties hereto have executed this Agreemeni in
multiples this L'`'�� day of G,,.._ , 20Q2.
�
CITY OF F�RT WORTH:
B�: � �
Charles R. Boswell
Assistant City Manager
AVIZION TECHNOLOGlES GROUP,
Ii�C.
By. 1- � �
{name) �-�n,�,�,�� #� `� �
{title} ���g����
ATTEST:
, . I
,�
g'J�.- - - - � -� _ - - ,� -
City Secretar�'i
APPROVED AS TO FORM AND
LEGALITY:
� d , � ,
l
Assist�ht City�Attorn�y
M&�: P� � ��o � � °l�l�
ATTEST:
By; f�. I ' lal�c.�
�m�'c.� ►P I��,S - �;t���'r4R
,�G SU1ES.� �J�' Y�'L�i�li���
����(�aG°��i. G�����U�D
�. -- . — — —�. �,n
°� �i,�!d��� ��p
�cope af Wox1�
For the Ciiy of For� Worth — IT �oiutions Department
li��C Pd9690
��p; A`ei�ioH i�cpr�ol�i�s �ree�
���ir���d �1�rnit�r ag bou�: �f0 ba�� �p �flor�ci�
Fsti�a� N1�r��F�i� ��; ���,8��.�0
Day ta-d�y support for the mainframe op�rating enrrironment
Technical�y manage the current environment
Transi�ion bo the new en�ironment
Technicafly mar�age �he new environment
The suppori is 7/24. All off hours suppart is phone based and may require on-site response.
This scope of services includes pro�iciency with the foffowing:
WiS Senrers (W/�OQO)
SNA Server (NT 4)
Token Ring (to t�e 3745)
•' �thernet (�o rest of tFte city)
TCP�iP
IBM — z051.3 -Operating System
� IBM — CICS Transac�ion Server Z.2
IBM — Tivoli Neiview �.3
D62 Relatinnal Connect
DB2 Datajaner (SQL)
- �ES2
VTAM
ACF
1/8/2003
1
Scape of Wark
For the City of Fort Worth — T"1' Solutions Depa�rtrnent
11+I&C P-9690
(continued)
Netview (Tivoli)
SM5
SMP�R
TSOIISPF
V5AM
CandE� dB2 Tools
• � Xerox Printer Management Tools (XPAF)
QMF (for Windaws) — Ro�ket 5oftware
SYSJD
Attachmate
' Beta 4Z
WP 1.30
CICS RACF %�i Ki�
-"V�ew Direct for MV5 6.2
" MV5 Quick Ref for Windows
' JCL Plus 3.5
� CA-1
CA�Copycat
CA — Intertest
"Candle Omegamon �I for MVS Version 5.20
"Candle Om�gaman II for CIC5 Version 5.20
QMF for Windows 6.i and 3.3
Fiie-Aide MVS 8.8
` CIMS V 11.5
1/8/2003
7
5cape of Work
For the Ciiy of Furt Wartf� — IT Salutions Depaxtment
1Vi&C P-9690
(cnntinued)
�uti� �r�d ��n�ibili%�.
Systems Manag�ment
Plannin�
Product Installation
PrasJutt D�-insi�flatio�
Upgrades
System PerFormanc� and 7uning
Con�guration and re-canfiguration (Changes)
Scheduled Maint�nance as directed by management
va�zoos :�
C`ity of �o�� bVo�th, �'exas
�IJt���r �nd� �o���i� Conn�na�����t�o�
DATE REFERENCE NUMB�R LOG (VAME PAGE
� a��2ia� �-���� ��VI��� aooz-o��4 � of 3
SUSJECT PR4FESS[ONAL 5ER1�'�CES �ONTRACT W1TH AV[ZI�N TECHNOLOGIES GROUP,
IMC. T� PR�VIDE INTERIM MAINFRAME OPERATING ENVIRONMENT SUPPORT
FOR THE INFORMATION TECHNOLOGY SOLUTIONS DEPARTMENT
REC�MMENDATI�N:
It is recommended fhat the City Council:
1. Authorize the City Manager ta execute a prafessional services contract with Avizion Technologies
Group, Inc. for interim support of the City's mainfram� compu#er aperating environment at a cast nat
to exceed $153,6p0 for the Information Techno[ogy Solutions Department using State of Texas
Catalogue purchasing pracedures; and
2. Authorize the contract to begin Octaber 1, 2002, and expire 5eptem6er 30, 2003.
D15CUS510N:
On April 23, 2002 (M&C P-9586), th� Cify Cauncil authorized a professional services contract with
Avizion Technologi�s Group, Inc. (A�izion} to remediate �he exisfing IBM mainframe computer
operating environment. The remediation, wf�ich was needed to c�rrect significant prvblems wit�in the
mainframe computer's operating environment that nega#ively impacted its perfiormance, reliabifity and
security, is also a prerequisit� to oufisourcing the enviranment. To receive the best price and reduce
rislc, it is necessary ta resolve any majar problems with the environment and optimize it.
While the design, conf9guration and testing of the new operating environment are complete, full
implementation will be delayed unfil mid-November to avoid disruptions ta the fisca{ year-end clasing
processes adminis#�red by the Finance Department. Day-to-day support for the mainfrarne opera#ing
environment is needed ta technically manage tF�e c�arrent environment, transition to the new
environment, and technically manage the new enviranment until �ither a contract is executed to
autsource the entire mainframe function or it is determined that outsourcing is nof a viable aption and a
long-term arrangement for supporting fhe mainframe operating environmen# is bid and executed. It is
estimated that the tatal period of iime to resolve this situation will be 12 months or less.
A Request for Proposal (R�P) for outsourcing the entire mainframe computer function has been
released, wit� a due date of Navember 2�, 2D02. It is anticipated ihat eualuatian of the proposals will
be completed by the end af December 2002, and a fuli analysis and recommendation by City staff will
be pro�ided to the City Council �y mid-January 20�3. If the recommendation is ta nat autsource th�
entire mainframe camputer function, staff will issue an RFP for long-#erm support of the mainframe
operating enviranment #hat A�izion is doing now, which would be implemented by mid-April 24Q3. If the
recommendatian is to autsource the entire mainframe computer function, complete fransitiQn to the
outsnurcer w�ulci be aniicipated by the end af June 20Q3. Depending on the propasals «csived, the
cost-feasibility of outsourcing the entire mainframe computer f�nction might deEay implementation until
�ctober 2�D3, when the City will have complefed ifs lease-purchase of fhe currenfi mainframe
computer.
�'ity of Fort �orth, �'exas
��yor� ��d �o����l C�r�r����c�toar�
I]ATE REFER�NCE NUMBER LOG NAM� PAG�
1 D122102 I�-9690 FZ�VI��D 0002-0254 2 of 3
suB��cr PRO�ESSIONAL SERVICE CONTRACT WITH AI/IZION TECHNOLOGIES GROUP,
INC. TO PR�VIDE INTERIM MAINFRAME OPERATING ENVIRONMENT SUPPORT
FOR THE INFORMATIQN TECHN�LOGY SOLUTiONS DEPARTMENT
The Qualified Information Systems Vendor (QISV} program re�uires evaluation of at least three quotes
from quali#ied vendors when possible. The QISV program allows for agencies to use bot� "best
practice" and "best rralue" factors to be used in procurement decisions. A request for quotes was
issusd to seven QISV vendors on September 4, 2QQ2. Qn Sep#ember 13, 2002, the City of �ort Wor�h
received t�ree responses for mainframe operating environment support services. �uotes wer�
received from Cornerstone, Avi�ion, and in5ource. In addition to price, the quotes were e�aluated
using the following criteria:
� Responsiveness of quoted solufion to requested duties and responsibilities and �uotation
requirements; and
� Problem determination and source identification skills; ar�d
• Experience supporting public safety agencies, including National Crime fnformation Center
(NCIC) certification ar�d interface experience and appropriate backgraund checks; and
� General experience supporting the current ar�d fut�re mainframe environmenfs.
Avizion was the most responsive and had the lowest �ricing �n their quoted solution. The 1�2-month
costs submitted by the three vendor5 is as follows:
Vendor Cost
Avizion $153,600
InSource $9 87,140
Cornerstone $296,610
The contract agreement will be used to purchase Avizion services to maintain ti�e current mainframe
operating environment, transition fram the current enviror�ment to the new environment, and maintain
th� new environment. The maximum term of this cantract is 12 months, but it wiU be terminated upo�
execution of a contract to outsource the mainframe environment or a contract to provide long-term
mainframe systems support if the decision is made not to outsource fh� mainframe enviranm�;nt.
C�iy of �'ort Warih9 Texas
�Il�y�� ��� ��a�n��l �o�nr�ur�����io�
�ATE REFER�NCE NUMBER LOG NAME PAGE
�a�2zro2 �-9690 R�VIS�� ooa2-a254 3 of 3
SUBJECT PROFESSl�NAL SERVICES CONTRACT WITH AVIZIO TECHNOLQGIES GROUP,
INC. T4 PROVIDE INTERIM MAINFRAME OPERATING ENVIRONMENT SUPPORT
FOR THE INFORMATION TECHNOLOGY SOLUTIONS DEPARTMENT
Avizion is designated as a QISV vendor by the State ofi Texas. Under Section 271.083 of the Texas
Local Government Code, a local gavernment satisfiies otherwise competitive bidding requirements
when i� malces a purchase ihraugh the State of Texas Generaf Service Commission Catalo�ue
purcnasing procedure established by Section 2157'.Q61 of the Texas Government Code. The City wiil
comply with that procedure fior the purchase agreement authorized under this Mayor and Councif
Communication.
MIWBE - A waiver of the gaal for MIWBE subcontracting requirements was requesfied by the
Purchasing Divisian and approved by fhe M1WBE Office �ecauss the p�rchase nf services is from
sources where subcontracting or supplier oppor�unities are negligible. Avizion is a certified woman-
owned business enterprise.
FlSCAL INFORMATIONICERTIFICATION:
The �Enance Direcior certifiies that funds are available in the current operating budget, as appropriated,
af the lnforma#ion Systems Fund.
CB:n
BQN1�2-Q254NVW
Submitted for City Manager's
Office hy:
Gharles Baswell
Originating D�partrnent Head:
Jim Keyes
David Miller
Additional Infarmatian Cnntact:
Rabert Con�hs
David Miller
I FUND I A,CCDUNT
(to)
6183
�
8517 I (fram)
8450 P168 535120
&357 I
8450 I
CEI�TER
ao4so2o
AMOUNT
$153,600.00
CITY SECRETARY
APPROVED 12/17/02