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cQNTRACT NO. ::? . --
AMENDMENT NO. 1 TO
CITY SECRETARY CONTRACT NO. 39475
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF FORT WORTH
AND
MATRIX RESOURCES INC.
This Amendment No. 1 ("Amendment") to City Secretary Contract No. 39475
Professional Services Agreement ("Agreement"), is made and entered into by and
between the City of Fort Worth (the "City"), a home rule municipal corporation situated
in portions of Tarrant, Denton, and Wise Counties, Texas acting by and through Karen
L. Montgomery, its duly authorized Assistant City Manager, and Matrix Resources Inc.,
("Consultant"), a Georgia Corporation and acting by and through Gary Wood its duly
authorized Vice President of Sales collectively referred to as the "parties."
RECITALS
The following provisions are true and correct and form the basis of this Amendment:
WHEREAS, on or about November 12, 2009, the parties entered into a Professional
Services Agreement ("Agreement") for professional consulting services for staff
augmentation under the terms and conditions set forth in the Agreement. The
Agreement is a public document on file in the City's Secretary Office and referenced as
City Secretary Contract No. 39475, and
WHEREAS, the parties wish to amend the Agreement to increase the annual
compensation for the deliverables and modify other terms and conditions as set forth in
this Amendment.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City and Consultant agree as follows:
Section 3 COMPENSATION is hereby amended to read as follows:
The City shall pay Consultant per terms of individual executed work orders in
accordance with Exhibit "B," "Professional Hourly Rates and Permanent Placement Cost," which
is attached hereto and incorporated for all purposes incident to this Agreement. Each individual
work order shall be listed as Appendix B-1, Appendix 8-2, Appendix B-3 and so forth, and each
work order shall be attached and incorporated into the Agreement. Each work order shall set
forth the name of the personnel to provide the services, the specific project to which the
personnel will be assigned; the specific services to be provided by the personnel; the start and
end date of the work to be performed ; the hourly rate or salary of the personnel; and any other
09 -10 -10 Al0 :50 I N OFFICIALRECORD
CITY SECRETARY
FT. WORTH, TX
regulations as agreed to by the parties that may apply to the specific personnel.
The total aggregate amount of compensation to be paid under this Agreement, inclusive
of all work orders, shall not exceed $793,991.00 on an annual basis.
Consultant shall not perform any additional serv ices for the City not specified by this
Agreement unless the City requests and approves in writing the additional costs for such
services . The City shall not be liable for any additional expenses of Consultant not specified by
this Agreement unless the City first approves such expenses in writing .
2 .
Section 7 INDEPENDENT CONTRACTOR is hereby amended to read as follows:
It is expressly understood and agreed that Consultant shall operate as an independent
contractor as to all rights and privileges granted herein, and not as agent , representative or
employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Consultant shall have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, personnel, contractors and subcontractors . Consultant acknowledges that the
doctrine of respondeat superior shall not apply as between the City, its officers, agents ,
servants and employees , and Consultant, its officers , agents, employees , personnel , servants ,
contractors and subcontractors . Consultant further agrees that nothing here in shall be
construed as the creation of a partnersh ip or joint enterprise between City and Consultant. It is
f urther understood that the City shall in no way be cons idered a Co-employer or a Joint
employer of Consultant or any officers , agents , servants, employees, personnel or
subcontractors of Consultant. Neither Consultant , nor any officers, agents, servants,
emp loyees , personnel or subcontractors of Consultant shall be entitled to any employment
benefits from the City. Consultant shall be responsible and liable for any and all payment and
reporting of taxes on beha lf of itself, and any of its officers , agents, servants, employees ,
personnel or subcontractors .
3
All other provisions of the Agreement that are not expressly amended herein
shall remain in full force and effect.
[Remainder of Page Intentionally Left Blank]
CFW / Matr ix
Am end ment No . I to C SC No . 39475
Page 2 o f 3
Executed on this the I Zr" day of ~. 20~._lli.
CITY OF FORT WORTH:
By:~tUl/7
Karen L. Montgomery
Assistant City Manager
Da t e: -~91/~'/0~/; __ / 0 __ _
Contract Authorization:
M&C : G--l']Od-q
Date Approved: ~/ o,Lf,J Jo
CFW I Matrix
A me ndment No . I to CSC No. 39475
Page 3 of 3
MATRIX RESOURCES, INC.:
By:
Jon Davis
Vice President of Sales
Date : _~ __ l 2:{_t_O ___ _
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
,,. " .... M&C R~ew
Off1c 1al si te at th e City of Fort Worth, rexac
City Council Agenda FORT WORTH
~
COUNCIL ACTION: Approved on 8/2412010
DATE: 8/24/2010 REFERENCE NO.: G-17029 LOG NAME: 04PROFESSIONAL SERVICES
01
CODE: G TYPE: NON-CONSENT PUBLIC
HEARING: NO
SUBJECT: Ratify Expenditures of $173,569.00 and Authorize an Increase of Additional Funds in the Amount of $708,898.00
for the Existing Professional Services Agreements for Technology Staffing and Placement Services with Digital
Intelligence Systems Corporation, Hudson Global Resources Management, Inc ., Matrix Resources, Inc., and
Sentari Technologies, Inc ., for the Information Technology Solutions Department
RECOMMENDATION:
It is recommended that the City Council ratify expenditures of $173,569.00 and authorize an increase to
the dollar cap for the existing Professional Services Agreements for Technology Staffing and
Placement Services with Digital Intelligence Systems Corporation, Hudson Global Resources
Management, Inc ., Matrix Resources, Inc ., and Sentari Technologies, Inc ., in the amount of
$708,898 .00 for a total of $882,467 .00 for the Information Technology Solutions Department
DISCUSSION:
On October 27, 2009, (M&C C-23876) the City Council authorized the execution of Professional
Services Agreements for Technology Staffing and Placement Services with Digital Intelligence Systems
Corporation, Hudson Highland Group, Inc ., (now Hudson Global Resources Management, Inc.,) Matrix
Resources, Inc ., and Sentari Technologies, Inc ., for an amount of $968,725 .00. The first year of each of
the agreements expires in early November 2010. The number of contract positions has risen from 26 in
October 2009 to 44 currently and that number is projected to remain consistent through October 2010.
To maintain current levels of service , and to avoid any service disruption, staff is now requesting an
increase of $882,467 .00 in expenditures for the remainder of the current annual agreements with the
four named vendors. Staff is requesting ratification of recent paid invoices totaling $173,569 .00 as well
as outstanding invoices for $148 ,066 .00 . Due to unexpected delays in the administrative process while
working towards seeking City Council approval for additional funds , invoices were paid in order to avoid
service disruption on large complex projects . The total amount for projected serv ices through October
2010 is $560 ,832 .00 . IT Solutions will return to City Council in October to request funding authorization
to renew the staffing services contracts for the 2011 year .
Remainder of the Initial Contract Year:
Projected Expenditures $560 ,832 .00
Outstanding Invoices $148 ,066 .00
Paid Invoices $173 ,569 .00
TOTAL FOR ALL $882,467 .00
VENDORS
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....
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The purpose of these service agreements is to allow the City to have agreements in place for staff
augmentation to assist in the development and implementation of technology projects and services in
the City such as ERP, IT Outsourcing, email archival , laptop encryption, disaster recovery , radio
towers, radio re-banding, FMS finance policy and Buyspeed Online projects . Hiring contract labor has
provided staff augmentation to address significant attrition with costs partially offset by salary and
benefrt savings.
M/WBE -Digital Intelligence Systems Corporation , Hudson Global Resources Management , Inc .,
Matrix Resources, Inc ., and Sentari Technologies , Inc., a certified M/WBE firm , have all previously and
continue to commit to comply with their 10 percent M/WBE participation on all expenditures through the
end of the contract period .
The Information Technology (IT) Sourcing Initiative will have no impact on this project.
ADMINISTRATIVE INCREASE -An administrative change order or increase may be made for each
agreement by the City Manager for an amount up to $50,000 .00 and does not require specific City
Council approval as long as sufficient funds have been appropriated .
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budgets, as appropriated , of the General Fund and Information Systems Fund and in the current capital
budgets , as appropriated , of Information Systems Capital Project Fund and the Information Systems
2004 Overrun Fund .
TO Fund/Account/Centers
Submitted for City Manager-s
Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Pl68 539120 0041100 $77 ,440 .00
Pl68 539120 0043010
Pl68 539120 0043020
Pl68 539120 0046010
Pl68 539120 0046020
P251 539120 041030042950
P252 539120 049030028680
GG01 539120 0132010
Karen Montgomery (6222)
Peter Anderson (8781 )
Ma i Tran (8858)
$197 ,268 .00
$107 ,436 .00
$242,523 .00
$30 ,800.00
$76,000 .00
$100 ,000.00
$51,000 .00
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