HomeMy WebLinkAboutContract 28365I'
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STATE OF TEXAS §
KNOW ALL BYTHESE PRESENTS:
COUNTIES 4F TARRANT,
DENT�N AND WISE �
CONTRACT FOR PR4FESSIONAL C4NSULTING SERVICES
This Contract is made �y fhe Ci�y of For� Worth, Texas, a municipal corporation
situated in Tarrant County, Texas, hereinafter called "City", and Premis Consulting Group,
an I[linois Limited Liabifity Company, hereinaft�r cafled "Cvnsultant", f�af1� parties acting
herein by and through fheir duly authorized representati�es:
1. Scoqe of Services.
Consultant agrees to provide Information Technology �perations and Sourcing
Assessmen# servic�s, as described in detail in Exhibit "A," Consul#ant7s "Master Terms and
Conditions, IT Operatians and 5ourcing Assessm�nt" dated January 2, 24Q3. Same is
attached her�aft�r and incarporated herein for all purposes by reference. In the e�ent of a
conflict befween the terms o� this Contracfi and the terms of Exhibii "A," this Confract s�all
controL
2. Compensation.
The amount fo be paid to consultanf for all services perFormed hereunder shall not
exceed thirty fhousand dollars ($3D,000}, including expenses.
3. Term.
The term of fhis Contrac� shali commence t�e date of full exec�tion by City and
Consultan� and shall terminate no fater fhan the 30th day of Aprif 20Q3, unless terminaied
earlier as provided h�rein.
4. Termination.
a. City may terminate this Cantract at any tim� �or cause amaunting to a
mafieriaf �reach of this Contract by Consultant, by nofice in wrif�ng io
Consultant. Upon receipt of such no�ice, Consultanf sha11 immediately
discor�tinue all services and work and the placing of all orders ar the entering
into contracts for all supplies, assistance, facilifiies and materials in
conn�ction with the performance ofthis Contract and shall proceed to cancel
promptly alI existing contrac�s insofar as �hey are charg�af�le to this Contract.
If the City terminates this Contract under this Section 4.a., the City shall pay
Contracfor for services actually perFormed in accordance herewith prior to
such termination, less such payments as have been previously made to
consultant, in accordance w�th a final statement submitted by Consultanf
documenting the pertormance of such work. Cansultant may terminate this
Contracf at any time if ar�y payment due hereunder is not made by the City.
f�. In the e�ent no funds or insuff�cient funds are appropriated and budgeieci by
City in any fiiscaf period for any payments due her�under ("Default Period"},
City will notify Consultan# of such occurrence prior to fhe beginnin� ofi the
Default Period, and this Contract shall termi�ate on the las� cfay of the fiscal
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periad for whiGh appropriations were received without penalty or expense to
City af any kind whaisoever with respect #o the Default Period, e�ccept as fo
the portions ofthe �ayments f�erein agreed upan for which funds shail ha�e
been appropriated and budgeted. Ci�y agrees to appropriate and budg�t, as
practicably as possib[e af�er the Defau�t Period, amour�ts sufficient to co�er
any payments owed but not paid fo Consuftant as of the beginning of the
Defauft period, and fo prompfily pay these amounts to Consultant. City has
informed Consultantthat, concurrenflywith approval ofithis contract, Citywill
appropriate and budget 100% of #h� funds specified in this Contract, so ihat
all #unds will be a�propriated and E�udgeted �rior ta the commencement date
of this Contract.
c. Upon terminafion of this Confract for any reason, and subject to paragraphs 13
and 14, Consuftant shall pro�ide fihe City with copies of all completed or �artially
campleted documents prepared under this Cantract.
d. Ei�her party may ferminate this contracfi upon, 60 days notice in wri�ing for
convenience.
5. Insurance.
a. Consultant shall not commence work under fhis Cantract unfiil it has obtained
all insurance required under this section and such insurance has been
approved by the City, nor shall Consultant aflow any su�contracfar #o
commence work on its subcon�ract until all similar insurance of the
subcontractar has been so obiained and approval gi�en by fhe City.
b. Vllorkers' Compensation Insurance: ConsuEtant snal[ take aut and maintain
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during the life of this Contract sta�utory Workers' Compensation lnsurance
far all of ifs employees performing any of ti�e services hereunder, and, in
case any work is sublet, Gonsultant shall require the suf�contractor similarly
to provide Work�rs' Com�e�tsation insurance for all of the latter's employees
unless such employees are covered by the protection afforded by Contract's
insuranc�. In case any class of employee who engages in hazardous work
under this Confract is not proiected under tt�e Workers' Compensation
statute, Consultant shall provide and shall cause subcontractnr to pro�ide
adequate and suitable [nsurance for the profection of empCoyees not
otherwise protected.
c. Public Liability and Proper�y Damage Insurance. Consultanfi shall take ouf
anc[ maintain during the life of this Contract sucY� public liabilify and property
damage insurance as shall pra�ect Consultan# and any subcor�tractor
performing wor�C covered by this Contract fram claims for personal injuries,
including death, as well as from claims for properiy damages or losses which
may arise from operation under this contrac�, whether such operafions be by
Consultant or by any subcontractor or by anyone directly or indirectiy
empfoyed by either of tf��m. The amount of such ins�rance s�all be as
fallows:
(1) Public Liability Insurance. In an amount no less than Two Hundred
Fifty Thousand Doilars {$2�0,000} for injuries, including accidental
deafh, to any one person; and subjeci to the same Cimit for eacE�
person, in an amount not less than Five Hundred Thousand Dollars
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($500,OOQ} on account of one accident;
(2} Property Damage Insurance. in an amount not less than Five
Hundred Thousand Dollars ($50a,aQ0);
(3) Umbrella Policy. In an amount not less than On� Million Dollars
«�,oaa,000�.
d. Proof of Insurance Co�erage. Contractor sha[1 furnish the City with a
certificate of insurartce as proof ihat it has obtained for the duration of this
Confiract the insurance amounts required herein. Consuitant's insurar�ce
policy sha[l pro�ide tha# the insurer shall giv� the City fhirty (30) days' prior
wriften not[cs before altering, modifying or terminating the insuranc�
coverage.
6. Indet�endent Contracfor.
Consultant shall perfarm all work and services hereur�der as an independent
contractor ar�d not as an officer, agent or emplayee of the City. Consultant shall have
excl�sive control of, and #he exclusive right to control, the details of th� work perfarmed
hereunder. Nothing herein shall be construed as creating a partnership or joint venture
between the City and fhe Consultant, its officers, agents, employees and subcon�ractors;
and #he doctrine of respondeat superior shall harre no application as between the City and
fhe Consultant.
7. Disclosure of Confilicts.
Consultanfi warranfs to the Ciiy of Fart Worth thafi it has made fuil disclosure in
writing of any existing or potential conflicts of interest related to f�e services to be
perform�d hereunder. Consultant further warrants tf�afi it will make promp# disclosure �n
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writing of any conflicts of interest which develop subseguent to the signing of this Contract.
8. Riqht �o Audit,
Consultant agrees that the City shall, unti[ the expiration nf three (3) years afterfinal
payment under this contract, have access to and the r�ght to examine at reasanable times
any directly pertinent books, documenfs, papers and records of the consUltant in�olving
transacfions relating to this Contract. Consultant agrees thaf the Cifiy shall ha�e access
during normal working hours ta all necessary Cansultant facilities and shall be pro�ided
adequate and appropriate work space in order to conduct audifs in compliance witn the
provisions of this section. The City shall give Co�sultan# reasonable advance no#ice of
intended audits.
Cor�sultant further agrees to inc[ude in all its subconfracfor agreements hereunder a
provision to the effect that the su�contracfar agrees that the CEty shall, until fhe �xpiration
of three {3} years after final �ayment of fhe subcon�ract, have access to and the righ� to
examine afi reasona�le times any directly pertinent boolcs, documenfs, papers and recards
of such subcontractor �nvofving iransactions related ta th� subcontract, and furtherthat City
sha11 have access during narmal working hours to aIl subcontractor facilities and shalf be
provided adequate and apprapriate work space in ord�r to conduct a�dits in campliance
with the provisions of this paragraph. City shall give su��onfractor reasonabie notice of
intended audits.
9. Prohibition of A�ssiqnment.
Neither party hereto shal[ assign, sublet or transfer its interest herein without the
prior written consent ofi t�e other party, and any attemp�ed assignment, sublease or
transfer af al1 or any part hereof without such prior written consent shall be void.
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10. Non-discr�mination.
As a cond�tion of this Con�racf, Consul#ant co�enants that it will take
al[ necessary actions to insure that, in cor�nection with any work under this
Contract, Contrac�ors, its associates and subcontracfors, will not discrimi�ate
in the treatmenf or employment of any individual or groups of ir�di�iduals on
the grounds of race, color, religion, national origin, age, sex or physical
handicap unrelated to job perFormance, eit�er directly, indirec�ly or through
contractual or other arrangements.
11. Chaice of Lav�; Venue.
a. This Contract shall be construed in a�cordance with the internal law of the
State of Texas.
b. Should any acfion, whether real or asser�ed, at {aw or in equity, arise out of
the terms of this contract, ven�e for sai� action sha[1 be in Tarrant County,
Texas.
12. Riahts in Results of Services.
The materials and mefhods used in the pro�ision afi Cansulfant's services are
proprietary fo Consultant. All rights, including copyrights, in and to such materials and
methods shall remain the proper�y of Consultant. Cify is granted a limifed right of internal
reproduc�ion and distribuiion of materials prepared specificallyforCity uncierthis Contract.
1 �. Confidential Information.
City acknowledges and agrees that any and ali information (in whatever form)
relating to the business of Consuliant and acquired by City under this Contract, or
otherwise, is and shall remain, to �he extenf parmitted by law, confidentia[ information of
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Co�sultant to th� extent that it includes valuable and proprietary trade, business and
industry secrets of Consultar��. City agrees to maintain in confidence and (except as
otherwise provided in paragraph 13) to refrain, direcfily or indirectly, from copyir�g, using,
�ransferring, disclosin� orJexploiting in any manner any of such cor�fidential information
during the term of fhis Contract and following terminafion thereof, for any reasor�.
EXECUTED on fhis� I+� day of January, 20Q3.
A��T: �'+ - C 4F FORT 1NORTH
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�ity Secref�y CharEes Boswell
Assistant City Manager
APPROVED AS T4 F4RM AND LEGALITY:
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Assi nt Ci Attor ���'�
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C�ntr�ct �,utho�i��tion .'
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Premis Consulting Group
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Elizabet�f�ll�alloy
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Premis �c�n�ul�ing C�roup — Gc�n�uCting Agre�m�n�
����;�r�R�4 °r���r�� s� ��;�€����i��as
li Qp�raiians ar�d �o�rcirtg A�s�ssm�ni
This Agreer�tar�t is made nn January 2, 2(303 betw�en fhe Cify of �ori Worth, "CLI�NT", with princip�l offiices in
the city of �art Wort�, state of Texas and �fizab�th Malloy, the "COI�SlJ�TANCY" of Pre�mis Cor��uftin�
Grr�up, with princ�pal affice� in fhe city of Chicago and the state of Illinois.
�`h� �a#� rr� �r� ��rcr� �t�r� �r°��ta�s ����u�f�r�� �a��cr� a�a��e �� fai�au��:
9. Premi� agrees ta furnish al1 af the labor and materials to do tE�e foNowing wnrk for City of �art Worth as an
independeni cansulfancy as lis�ed and detaiied:
Pr�r��i� �i9! �rc�vid� cc�r�strl�i�� s�rvi�es/�raalysis, for t�e purpases r�f p�ovicfarrg �ify �af �€�r� Vkfr���r �vltla arr
��s�sst��nf c�i��s 1"� a����ic�r'�s �rrd �our�fn�r �tr��e�y. 7'he�� i��ifi�Prvss inclur��:
A. Conduct �n assessment nf the City of F'ort I�lorth`s iT ir�frastructure in terms af cost, quality �n�
productivity.
B. Cp��npare the City of �ar� Worth'� IT Infrastructure environm�r�ts to top performing organizations and
leading industry praekices.
C. G�nduct a Constituent Analysis to d�v�lop an understanding of the exter�t to which fhe business units
perceive haw the IT infrastructure contributes to �r limits the success of th�ir current ar�d future
business abjectives.
D. Identify risks associated with outsourcing and develop recomrr�encEations to mitigate thase risks.
2. E'r�mis agree� that, giUen timely availability af City of For# Worth resaurcas and dafa, tt�e tnrark will �e
corrjpleted:
1�%f i�t�r f��n Apri! �(7, 2dJ��
�s�urr��fion,�ff��t�uir�merats:
R. Cost and vmlum� data wiif be co�Eectad by City pf Fart Worth Audit Department. If cas� or vafume data is
not usab[� or collectable by the project team, Premis and City of Fort Worth F'raject Management wif{
discu�s opfions for estimating �roxy values.
B. Gi#y of Fort Worth Project Mar�ager wil! h� respar�sible for gathering and disseminating City of Fort
Warth dac�rm�ntation and b�ckgr�unct inforrna�ion, �esponding to Prert�is requesfs far scf��duling
meetings with City of Fort Worth �taff as well �s securing meeting sp�ce and resQurees.
C. ��ta �rill be cal[ected, organized, and analyzed as one logical site — City of Fort Worfh li lnfrastrucfure.
�omparisons with fhe reference group w91! be made at a Ciiy of Fart Wnrth enterprise level.
ti. City af Fort Worth Project Manager will secure City of Fort Worth resot�rces for the project as req�test�d
by the project team.
E. City of Forf W�r4h wil( assist with communicating ihe importance of participation in the �rc�ject ta key
incEividuals within City of Forfi Worfh.
Gt�pyrit�h# �£1D� Pr�C�is ConSulting Gr��Ip, LLC
��lays in schedulin� workshaps ar in#erviews or in pr�viding requesied data could impaei praject
timelines. Ar�y significant delays (i.e., greater ti�an 1 weak nv�rall) wifl he discussed wifh the City Qf �ort
War�h Proje�ct Manager and Project Sponsars as soon as they are identifi�d. Delays in speci#ic
deliv�rables will be addressed bet+nreen the Premis and City of Fort Worth �roject Managers on a case�
by-cas� basis. Signi#icar�t project dakays may incur additional cost to City vf F'art Worfh.
F. City of Fort Worth and Premis Consulting Group are prepared to begin the pro}ect in mid-December,
2002. No# starting by January 13, 2003 may impact the availabilify af some ar alE Premis resaurces
identified herein.
3. P`re�nis will perform fhis work in a profe�sional workmanlike manner according to standard practices. If any
plans or specificafians are �aart of this job, they are attached to and are part o�F this Agreement.
4. Cifiy af �ort Wa�th agrees ta pay i'remis Gqnsulting Graup an amount not t� exeeed $3f1,0�0, including
expenses. ihis �maunt will be invoiced to the city of Fort VVorf� upan satisf�ctcary rec�ipt of the Current State
Analysis artd Saurcing Strafegy [7oc�ment. Pr�mis payment terrris are net 30 days.
5. F'remi� and City af �arf WortY� may agree ta extra services andlar work, but ar�y such requested extra work
must be s�t aut and mutually agreed to in wr€ting by botl� City of Fort Worih and Prernis as separaie ta this
agre�rri�nt ar�d �rior to any such war� being provid�d. rlVnrl� outside of this scope is billed at a T&M rate of;
�} �x���ti�� �c�ns�liar�t $1 �i0 p�r hour
6. N�ith�r p�rty shal! be liable for consec�uential, ineident�l, indirect, puniCive or speeial damages (ineluding loss
af profits ar goodwil�), even if advised afi the li[celihood of such ciamag�s accurrinc�. Except a� atherwis� s#ated
abnve, F�remis mak�s na vuarranties of any kind or nature, whether expr�ss or implied.
7. �o madific�tion of this agr�em�nt will be effeetiva unfess rnutually agreed �o in vvritinc� ar�d is �igned by both
p�rties. This agreemen� binds and bene�ts bokh parties and arty successors. This tiocutr��nt, including any
aftachments, is tE�e entire �greer�nent b�tween the parties.
����d: "IIQ2l2
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���l;r,r,i i�;r�„r;- �it� of �t�rt Wor�h
�c�r���a�t�r��y �i���tur�( _� .� _ _-__..... ' � ���
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�����Ifi;.rti; �l��n�: Eli�abeth lV1a(!o�
Gt�rn�rury [�luat�t�: Pr��rti� Co�sultinc� Grou�Z
Gopyri�ht �Q€�2 Pr�r€iis Gansulting �roup, LLG
�'ity of ��'ort` T�'orth, T'exas
l��yor �r�d Coun�il ��r�r�ur�ic�-�ia�
DATE R�FERENCE NUMSER LOG IVAME PAGE
12117102 �,_� ��3� 105ELECT 4 1 of �'
sus��cT SELECTi�N OF C�NSULTANT TD PERFC3RM iN�ORMATION TECHN�LOGY �
�PERATlONS AND SOURGING ASSESSMENT _ _ _
RECOMMENDATtC}N: �
It is recomm�nded tf�at the Ci�r Councii; � �
. ,
1. Authorize the City Ma�nager to exeeute a contract with Premis Cansuiting Group, not io exceed a
total of $30,000, to perform, under the direetion af the Gity Auditor, an lnforrnation Technology �
Operations anci Sourcir�g Assessment of the City's iT environment; and �
2. Authorize the contract to begin December 16, 20Q2, and expire Aprii 30, 2003. i
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�15CUS5fON: i
The City relies heavily on its informatian technol�gy infrastructure ta �onduct its business. ln atiditian to' �
a mainframe com}�uter, the City has over 3,U0� persona! comput�rs that are connected to the i
mainframe andlor variou� netwark s�rvers. �During the past year and a half, the City has embarked an
a pr�gram tn si�ni�icantiy change its IT environmsnt. 5ame questions ha�e arisen abou# the changes '
and wheihet� steps taken fo implement the char�ges have 4�een efficient and effecti�e. Ta iry to answer �
these questions, it is necessary to thoraughly assess the IT environment that existed before the
migration began, the s#eps that have been taken to �ffect the migrat�on, and wi�ether tF�e planned n�w �
fT environmant wiU effectively serve fhe needs af the user departments. i
i
Perfarming an Information iechnaiogy Operations and 5ourcing Assessmeni is a highly technical
under#aking that can best be performed by consultants with experier�ce in the areas b��ng asse�sed. i
The {nternal Audit Deparkment has identified a consultant (Premis Consultir�g Graup) that it i�efie�es Rs �
exceptionafly aualified to perForm �t�is warlc. One of tf�e founders af the Premis Consulting Graup is
Eliza�efh Malloy, who has extensive public sector axperience. The �ollawing is a brief descriptian of �
some of Ms. Malloy's accomplishments:
i
o Priar to the faunding of Premis, Ms. NkaIIQy was Ghief Infarmation Officer far the Ci#y of Chicago. �
She was respor�sible for implemeniing a turn-araund strategy for city government and leading thai �,
city's "Silican Pr�irie" economic rievelopment effort. � �
� She led the restructuring of #he technoingy organi�atian, successfully outsourc�ng distributed IT, �
datacenter and applicatio� devel�pment services, �leading io the fargest client satisfactian �
improvemen# the Ca�tner Group, a techriology research firm, has e�er recorded.
. i
� Ms. Malloy regularfy speaks on topics ranging from �sing e-government to the political chal{enges
of business improvement. She has been a regular speaker at I�arthwestern Universi#y's Ke{logg '
Graduate Schoal of Mar�agemer�t and the lllinois lns#itute of 7echnalagy, as well as a feaiured �
speaker at the Gartner Group's annual 5ym�9siurn. � �
� in 200�, Ms. Malloy► was select�d fram a nationwide field o# ex�cutives raied for fiheir leadership
and management capabilities to b� featured in Compuferworld Magazine as its "Premier 100
Technalogy Leaders".
,
City of �ort �arth, Z'exas
Mayar �.r�d �our�c�f Co�rr�u�€c��io�
DAiE R��rER�NCE NUMBER LOG NAME PAGE
12/17/02 ��'� 3�35 � � 05ELECT 2 of 2
SUBJECT SELECTION OF CONSUL ANT TO PERFOF�M INF RMA71�N TECHN�LOGY'
OPERATIOhIS AN� SaURC1NG ASSESSMENT _ __
The planr�e� scope of work wili include:
• AS5�S5Ei1� tll� Cl�jl's IT infrastructu�e in terms of cost, quality and praductivity; and
• Comparing the City's IT infrastructure io top perfarming organizatians and leading industry
practEc�s; and �
� Identifying the current and future IT ne�ds ofi user departments and assessing whether tt�ese
n�eds are being ar wili be met; and
o Identifying risks associafed witf� outsaurcing and developing recommendations to mitigate those
risl�s. �
F�SCAL lNFORMATIDN CERTIFICATION,:
The Finance Direcior certifies that funds are auailable in the current operati�g budget, as appropriated,
af the Genera� �und. _
�
5ubmiited for City Manager's
Office by:
Charles Boswcli 5183
Origlnatfng DeAartment Head:
C. Triantaphiiid�s
Addi#innal I��formaiian Confact:
C. Triantaphilides
F`UIYD I ACCOUIlT I
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