HomeMy WebLinkAboutC2006-380 - 8/29/2006 - NA
AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NEXT STEP CONSULTING,
L..LC. TO PERFORM PROFESSIONAL CONSULTING SERVICES FOR PROCUREMENT OF
MOBILE VOICE AND DA 1 A SERVICES
This Agreement to perform professional consulting services (" Agreemenf' or "Contract") for
procurement of mobile voice and data services is entered into by and between the City of
COfPus Christi, a municipal corporation, ("City"), and Next Step Consulting, L.L.C., a Texas
limited liability company ("Consultant"), effective for all purposes upon execution by the City
M..ager or his designee Consultant and City agree as follows:
SCOPE OF PROJECT
The City is interested in professional consultant to assist with procurement of mobile voice and
dati services.
II. SCOPE OF SERVICES
C~sultant will perform services as outlined in its Proposal which is attached as Exhibit A. In
the event of any conflict between this Agreement and the Proposal, this Agreement shall
control.
III. FEE FOR SERVICES
The City shall pay the Consultant a fee not to exceed $25,000 for providing the services
detcribed in the Proposal specified in this contract. This fee shall be full and total compensation
for services and for all expenses incurred in performing these services. Consultant shall invoice
the City at end of each month for services performed in that month. Each monthly invoice shall
contain description of task(s) performed, hours of service performed, dates of service
petformed, and all other infonnation as requested by Director of Municipal Information Systems
or designee The basis of the hourly billings shall be $120 per hour. Payments shall be issued
within 30 days of receipt of invoice. Total cost for all services provided by Consultant under this
agMement shall not exceed $25,000 inclusive of all expenses, unless expressly authorized by
City Manager or designee In written amendment to this agreement
IV. EFFECTIVE DATE, TERM, AND CONTRACT ADMINISTRATOR
A. This agreement takes effect upon execution by the City Manager or his designee.
B. The term of this agreement is August 1, 2006 through October 31, 2006, unless sooner
terminated in accordance with Section V below.
C The Contract Administrator deSignated by the City is responsible for approval of all phases
of performance and operations under this Contract including authorizations for payment. All of
COIsultant's notices or communications regarding this Contract must be directed to the Contract
Adltlinistrator, who is the Director of Municipallnfonnation Systems, or designee.
\l TERMINA TION OF CONTRACl
2006-380
08/29/06
Next Step Consulting
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The City may, at any time. With or without cause, terminate this Agreement upon two (2) weeks
written notice to the Consultant. Upon termination of this Agreement, all finished or unfinished
documents, data, studies, or reports prepared by the Consultant, at the option of the City, will be
delivered to the City and become the property of the City. In such event of termination without
cause, City will be inVOiced for the actual time and charges accumulated through the date of
termination
VI APPROPRIA TIONS
All p.-ties recognize that the continuation of any contract after the close of any fiscal year of the
City, which fiscal year ends on July 31 of each year, will be subject to appropriations and budget
approval providing for covering such contract item as an expenditure in said budget. The City
does not represent that said budget item will be actually adopted, said determination being
within the sole discretion of the City Council at the time of adoption of such budget.
VII. ASSIGNABILITY
The Consultant will not assign, transfer, or delegate any of his obligations or duties in this
Agreement to any other person without the prior written consent of the City. The performance of
this AlJreement by Consultant is the essence of this Agreement and City's right to withhold
consent to such assignment will be within the sole discretion of the City on any grounds
whatlk>ever
VIII. INDEPENDENT CONTRACTOR
Con..tt.lt will perform all professional services as an independent contractor and will furnish
such services in its own manner and method, and under no circumstances or conditions will an
agent, servant, or employee of the Consultant be considered an employee of the City.
IX SUBCONTRACTORS
Consul.,t may use subcontractors in connection with the work performed under this
Agreement. VVhen using subcontractors, however, Consultant must obtain prior written
approval from the City. In using subcontractors, Consultant agrees to be responsible for all their
acts and omissions to the same extent as if the subcontractor and its employees were
empltyees of the Consultant All requirements set forth as part of this Agreement will be
appliCable to all subcontractors and their employees to the same extent as if the Consultant and
its employees had performed the services
x, APPLICABLE LAW
This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the
partieS will be performed in the City of Corpus Christi, Texas, or the offices of Consultant as
apPr1l'>riete. The applicable law for any legal disputes arising out of this Agreement will be the
law of Texas and such forum and venue for such disputes will be the appropriate federal,
district. county, or justice court in and for Nueces County, Texas.
XI WAIVER
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No WIIiver of any breach of any term, or condition of this Agreement, will be construed to waive
any subsequent breach of the same
XII NOTICE
Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed
received on the day faxed or hand delivered or on the third business day after deposit if sent
certifted mail Notice will be sent as follows
IF TO CITY:
CIy of Corpus Christi
A.ention City Manager
P.O. Box 9277
COrpus Christi, Texas 78469-9277
FAX No. (512) 880-3601
IF TO CONSULTANT
Next Step Consulting, L. !-.C.
AIn: Brian Anderson, President
2 T anglewood Lane
Mlalvem. PA 19355
XII L AMENDMENT
This Agreement may be amended only by written Agreement signed by duly authorized
repr8lentatives of the parties hereto.
XIV. DISCLOSURE OF INTERESTS
Con..~t further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete. as part of this Agreement, the Disclosure of Interest form attached as an Exhibit to
this Agreement.
XV INSURANCE
ConlUltant will comply with the Insurance Requirements provided in the attached Exhibit.
XVI. INDEMNIFICA TION
Con....ltant agrees to indemnify and save harmless the City, its agents, servants, and
em~yees from any and all liabilities, claims, losses, damages, or expenses, including
reastlnable attorney's fees. resulting from Consultant's negligence or willful ads or omissions in
perfotmance of this Agreement
XVII. INTELLECTUAL PROPERTY
City shall own all right, title, and interest In and to all of the documents prepared by Consultant
under this Agreement Consultant may retain copies for its archives and internal uses.
XVIII. FORCE MAJEURE
Neither party shall be held responsible for any delay or failure in performance hereunder to the
extent such delay or failure is caused by fire, flood, explosion. war, strike, terrorism, embargo,
CIvil or military authority, act of God, act or omission of carriers or similar causes beyond its
controt ("force majeure conditions"). If any force majeure condition occurs, the party delayed or
unable to perfonn shall give Immediate notice to the other party.
ATIes~
Arm~o Chapa
City Secretary
CITY OF CORPUS CHRISTI
Gea . Noe
Ci Manager () ,
Date: _ ~ ' 3Ll/D(P
Appreved as to legal form this tL day of ~ . 2005
BY~~
Assi"'t City Attorn
for CIy Attorney
~~NSU:~~ ~suffing. LL C
Naml~n An rson
Title: preSidentJ___ -7 __ .----) . ?
Date: ,5 ~,~O
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Exhibit A
NEXTS I'EP (ONSU LTINti. LLC
1'0: \iR.'GU.\ IE (;ER',:KE
FROM: HRlA \i \.;,iDERSO'
SUBJECT PROPOSAl. '!'() ;,iF\\' SIPPORT 1\1( )fHI.E DAT\\ND VOWJ:;: CONTRACT
DATE; ~!3/2flOf1
CC: \IR. i.E<)N illD SO I1
The City of COrpus Christi IS seeking options to improve their mobile voice and data service by
evlluating alternative services that both reduce the City's cost and improve the City's service.
To achieve this goal the City will have to define its requirements, develop a request for
information, evaluate alternative proposals, select a new service plan, and develop an
implementation plan for the new service
Next Step Consulting, LLC is proposing to provide management and coordination support for
the City Corpus Christi's effort to establish an improved voice and data service plan. The scope
of work will include the following:
'I Develop City requirements
2 Develop a request for information.
3 Evaluate alternative service plan solutions
4 Develop recommendations
5 Develop an implementation and transition plan for the new service plan.
Next Step Consulting, LLC will work with the City on weekly activity plans within the scope of
this Initiative at a rate of $120 per hour. The total charge for this proposal will includ@ trav@1
and expenses and not exceed $25,000. This support will begin in May 2006 and extend
through September 2000.
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EXHIBIT B
DISCLOSURE OF INTERESTS FORM
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Ci1f of
C<M>us
( 'hfisti
SUPPLIER NUMBER
TO BE ASSIGNED BY CIT 'f
PUtrtCHASING DIVISION
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to
do .usiness with the City to provide the following information. Every question must be
anlWered. If the question IS not applicable, answer with "NA". See reverse side for definitions.
COMPAN. Y NAME' IJ 1;1:.' J/ /. /1" <-r--' /:? 1/'''' /. __) /" .J / #"
. ~7_ ) /~/J e /J/l~A57/-'f.,/ ~ ~
p o. BOX . . r
STREET (;2 ;?;??fi/h1r- ~/)~ M~E
CITY: ~~;:,./"R/V' ZIP://~~~
FIRM IS 1 Corporation (.rr--- 2 Partnership 3. Sole Owner ( )
4 Association 5 Other(
DISCLOSURE QUESTIONS
If additional space is necessary. please use the reverse side of this page or attach separate
sheet.
1 State the names of each "employee" of the City of Corpus Christi having an "ownership
int<<esf' constituting 3% or more of the ownership in the above named "finn."
Name
Job Title and City Department (if known)
/!/t)/z)k;
2. State the names of each "official" of the City of Corpus Christi having an "ownership interesf
constituting 3% or more of the ownership in the above named "firm."
Name
_ /V'l)/,J12
Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
lnt.-est" constituting 3% or more of the ownership in the above named "firm."
Name Board. Commission. or Committee
/iJ zr III t2
4. State the names of each employee or officer of a "consultanr for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an "ownership interesf'
corstituting 3% or more of the ownership in the above named "firm,"
Consultant
mJtfI}tE
CERTIFICA TE
I <*1ify that all Information provided is true and correct as of the date of this statement, that I
ha* not knowingly withheld disclosure of any information requested; and that supplemental
Stale.. ments will be p. ro~~ tly submitted ~ City of eo""s Christi, Texas as changes occur,
~'lllifYin~. _~ /ld~<<(t7~
,ltIe. ~//) __
(Type or Print) , '."~~//.
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Sipture of ~ng persqrr.-?/./ (~'-
DaIIt: ~ 'c2~
v
DEFINITIONS
a. -Board member" A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi. Texas.
b. -Employee." Any person employed by the City of Corpus Christi, Texas either on a full or
part-time basis. but not as an independent contractor
C. -Finn." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including but
noUimited to, entities operated in the form of sole proprietorship, as self-employed person,
pa4nership, corporation, joint stock company, joint venture, receivership or trust, and entities
whiCh for purposes of taxation are treated as non-profit organizations.
-.......- _. --
d "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the
City d Corpus Christi Texas
e "Ownership Interest. If Legal or equitable interest, whether actually or constructively held, in
a firm, including when such interest is held through an agent, trust, estate, or holding entity.
Constructively heldC refers to holdings or control established through voting trusts, proxies, or
speciel terms of venture or partnershIp agreements.
f "Consultant." Any person or finn, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
""_'~' ._" .......,.......... d"",",_ ...._.__""".........."".. """"'"
EXHIBIT C
INSURANCE REQUIREMENTS
CONSULTANT'S LIABiliTY INSURANCE
A. Consultant must not commence work under this agreement until all insurance required
her. has been obtained and such insurance has been approved by the City. The Consultant
must not allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained
B Consultant must furnish to the City's Risk Manager two (2) copies of Certificates of
I nsu,*nce , showing the following minimum coverage by insurance company(s) acceptable to the
City's Risk Manager. The City must be named as an additional insured for the General and
Automobile liability policies and a blanket waiver of subrogation is required on all applicable
policies.
-
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
y Per occurrence aggregate
$2,000,000 COMBINED SINGLE LIMIT
ED $1,000,000 COMBINED SINGLE LIMIT
$2,000,000 COMBINED SINGLE LIMIT
TYPE OF INSURANCE
3O-Day \Witten notice of cancellation, material
change, non-renewal or termination and a 10 da
written ntIlltice of cancellation for non-payment of
premium is required on all certificates
I
,
I cO;;;MEIIlCIAL-~EN-ER~~ L1ASI ~ITY incIUd~~:
1. Commercial Form
i 2. Premises - Operations
13. Productsl Completed Operations Hazard
4. ConRctual Liability
5. Inder-ndent Contractors
I 6. Persanallnjury
i
i
I AU~OM()BIL~ LIABILITY -OWNED NON-:O;';;
I
I OR RENTED
PROFESlBIONAL LIABILITY including.
Coveragl provided must cover officers, directors
Page 10 of 10
r - ,,______H -.-..-- -----
, employees and agents
i 1, ERRORS AND OMMISIONS
---r--- - -.---- ------- ---.----.,
I
l---
I WORKERS' COMPENSA TlON
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS ACT AND
PARAGRAPH 2 OF THIS EXHIBIT
i EMPLOYERS' LIABILITY
L_.,,__ _________________________
$100,000
C In the event of accidents of any kind, the Consultant must furnish the Risk Manager with
cop. of all reports of such accidents within ten (10) days of accident.
Ii AODfTIONAL REQUIREMENTS
A. Consultant must obtain workers' compensation coverage through a licensed insurance
com,.ny obtained in accordance with Texas law. The contract for coverage must be written on
a poIi;y and endorsements approved by the Texas Department of Insurance. The coverage
provilllled must be in amounts sufficient to assure that all workers' compensation obligations
incut1ed by the Consultant WIll be promptly met.
B Certificate of Insurance:
* The City of Corpus Christi must be named as an additional insured on the General and
Autolnobile liability policies and a blanket waiver of subrogation is required on all applicable
policies.
If your Insurance company uses the standard ACORD form, the cancellation clause
(bonDm right) must be amended by adding the wording "changed or" between "be" and
"canaeled", and deleting the words, "endeavor to", and deleting the wording after "left". In the
altel'1"l8tive. a policy endorsement stating the required cancellation language will be accepted.
'" The name of the project must be listed under "Description of Operations"
* At a minimum, a 30-day written notice of cancellation, material change, non-renewal or
termination and a 10-day written notice of cancellation for non-payment of premium is
requited.
C. If the Certificate of Insurance does not show on its face the existence of the coverage
requited by items 1.8 (1)-(6), an authorized representative of the insurance company must
Include a letter specifically stating whether items 1.8. (1 )-(6) are included or excluded.
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