Loading...
HomeMy WebLinkAboutC2009-086 - 2/17/2009 - NAPROFESSIONAL CONSULTING SERVICES AGREEMENT (for E-Gov) Whereas, the City of Corpus Christi has a commitment to excellent and responsive customer service and improved business processes; Whereas, the City of Corpus Christi strives to empower the public by providing communication options of choice to citizens through the Call Center, Interactive Voice Response systems, and a government web portal; Whereas, the City of Corpus Christi emphasizes the use of technology to improve efficiencies and service delivery; Now, therefore, this Professional Consulting Services Agreement ("Agreement") is entered into by and among the City of Corpus Christi, Texas ("City"), and Susan Cable dba eServices, ("Consultant") effective for all purposes upon execution by the authorized representative of each party. I. SERVICES TO BE PERFORMED BY CONSULTANT. A. Consultant shall provide professional consulting services related to planning, process improvement, training and technology for the E-Government Services C~-stomer Call Center, Interactive Voice Response systems, and the City Web site, as described on Exhibit B, including but not limited to the following: (1) Assist with development and implementation of improved processes for Call Center operations including the IP telephony system, 311, CRM, MenuMaker, and other technology and business systems; (2) Assist with design and development of new City web sites and applications, with redesign and structure of pages, files and images to increase site management by City departments. B. The parties agree performance of the work shalt commence upon date of execution of this Agreement by the City Manager. The Interim Director of E-Government Services is designated as the Contract Administrator responsible for all phases of performance and operations under this Agreement, including authorizations for payment, All notices or communications regarding this Agreement shall be directed to the Contract Administrator. II. FEE FOR SERVICES. During this six month period,~of this contract, the Consultant shall be compensated for services provided at the rate of $55.00 per hour (the "Hourly Rate"), not to exceed $25,000. The City shall reimburse the Consultant for reasonable out-of-pocket expenses authorized in advance by the Contract Administrator. All other expenses required to perform the Consultant's services shall be the sole responsibility of Consultant. Consultant shall submit monthly statements for services authorized and performed. The statement shall contain an hourly itemization of Consultant's services during the billing period and previously approved expenses. Payment shall be made within 30 days from receipt and approval of invoice by Contract Administrator. 2009-086 02/17/09 Cable, Susan d.b.a. eServices III. EFFECTIVE DATE, TERM. TERMINATION, HIERARCHY OF DOCUMENTS A. This agreement takes effect upon execution by the City Manager. B. The term of this agreement is six months, beginning February 15, 2009 upon execndon by the City Manager. This Agreement is subject to annual appropriation of funds. C. The City may, at any time, with or without cause, terminate this Agreement upon two (2) weeks written notice to the Consultant. In such event of terminafion without cause, City will be invoiced for the actual time and charges accumulated through the date of termination. D. Within 30 days of termination of this Agreement, all equipment, software, finished or unfutished documents, data, studies, or reports prepazed by the Consultant, at the option of the City, will be delivered by the Consultant to the Contract Administrator. IV. DUTIES UPON EXPIRATION. The parties agree to meet at least thirty days prior to termination or expiration of the Agreement, to discuss transition of responsibilities. V. REPORTS. The Consultant shall provide reports to the Contract Administrator on the project status as requested. VI. ASSIGNABILITY. Consultant may not assign, transfer, or delegate any obligations or duties in this Agreement to any other person without the prior written consent of the City Manager. VII. INDEPENDENT CONTRACTOR Consultant shall perform all services as an independent contractor and shall furnish such services in its own manner and method, and under no circumstances or conditions shall an agent, servant, or employee of the Consultant be considered an employee of the City of Corpus Christi. Accordingly, the Consultant shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the Consultant's activities in accordance with this Agreement, including but not limited to Federal and State income tax, Social Security tax, unemployment insurance taxes, or any other taxes. VIII. SUBCONTRACTORS. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant must obtain first prior written approval from the City Manager. 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 employees of the Consultant. All requirements set forth as part of this Agreement shall be applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. IX. VENUE AND APPLICABLE LAW. The Consultant shall perform all services in accordance with Federal, State and local laws. The applicable law for any legal disputes arising out of this Agreement shall be the law of Texas and such forum and venue for such disputes shall be the appropriate district, county, or justice court in and for Nueces County, Texas. X. WAIVER No waiver of any breach of any term, or condition of this Agreement, shall be construed to waive any subsequent breach of the same. XI. INDEMNIFICATION. Consultant must indemnify and hold City, its their officers, employees or agents ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct on the part of Consultant, or any of its agents, servants, contractors, or employees in performance of this Agreement. Consultant agrees to indemnify and save harmless City, its agents, servants, and employees, ("Indemnitees"), from any and all liabilities, losses, damages, or expenses, including attorney's fees resulting from the negligence or acts or omissions of Consultant, its employees, officers, agents or contractors, while in performance of this Agreement. XIL INSURANCE. Consultant agrees to provide insurance in accordance with the attached exhibit A. XIII. AMENDMENTS OR MODIFICATIONS. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. XIV. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. XV. SEVERABILITY. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, please, or word of this Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. XVI. N TICES. Notices provided shall be in writing and delivered to: On behalf of the City: On behalf of the Consultant: City of Corpus Christi Attn: Annie Leal P.O. Box 9277 Corpus Christi, TX 78469-9277 Susan Cable dba eServices 35 Wellington Drtve Sugar Land, Texas 77478 XVII.OWNERSHI[P OF WORK PRODUCT. The City owns exclusive rights to all work designed, drafted, created, or prepared by Consultant under this agreement. XVIII. CONFIDENTIALITY. The Consultant shall not disclose any information received or work created under this Agreement without the prior written permission of the City Manager. II~X. DISCLOSURE OF INTERESTS. Consultant further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Contract, the Disclosure of Interest form provided to Consultant. XX. SOLE AGREEMENT. This Agreement and its exhibits constitute the sole agreement between the City. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. In the event of any conflict between this Agreement and the attached Standard Terms and Conditions, this Agreement shall control. CUTED IN DUPLICATE each of which shall be considered an original, this y of ~~~, 2009. ATTEST: Armando Chapa, Secretary CITY~OF CORPUS CHRISTI el .Escobar, City Manager CONSULTANT: Su/sJan Cable dba eServices By: ~(,('aCLZL CCL~~ Name: SUSCttn l.:blC a~Q E' 'c,1~[i'S Title: Cs i` t / t~ tu) r1+P~V' Date: ~ ~l 3t~D Approved as to ions: 2 I ~ (° 1 ~~ Lisa Agui ar Assistant C Attorney For City Attorney Exhibit A INSURANCE REQUIREMENTS Consultant's Liability Insurance A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City Director of Risk Management. Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must fumish to the City two (2) copies of Cert~cates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City. The City must be named as addltional insured for the liability policies and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal or termination is required Per occurrence /aggregate on all certificates Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personallnjury Applicable if employs any one other himseff/ Workers' Compensation herseff Which complies with the Texas Workers' Compensation Act and Paragraph II of this exhibit Employers' Liability $500,000/ $500,000/ $500 000 Electronic Data Liability Insurance including $500,000 per claim / $1,000,000 aggregate 1. Professional Liability -Errors & Omissions C. In the event of accidents of any kind, Consultant, Inc. must fumish the City Director of Risk Management with copies of all reports of such accidents within ten (10) days of accident. ADDITIONAL REQUIREMENTS A. When applicable, Consultant must obtain workers' compensation coverage through a ~X~~~~~ licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage and a waiver of subrogation in favor of the City of Corpus Christi on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or beiween "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of mod cations of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations". At a minimum, a 30-day written notice of material change, non-renewal, termination or cancellation is required. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.6 (1)-(ti), an authorized representative of the insurance company must include a letter spe~cally stating whether items 1.6. (1)-(ti) are included or excluded. CUSTOMER SERVICE CENTER - SCOPE: Provide process and technology planning for the Customer Service Center, including software applications, communications, business processes and data collection, and for the City web site. Provide related assistance as needed to the Customer Service Center Manager. Work Pfan and Deliverables Call Center • Assist wkh development of annual Call Center work plan by August 2009 to identify technology and new project requirements and areas for process improvement • Provide support for planning and improvements to call management systems and processes, CRM system, and 311 call system by August 2009 • Provide assistance for processes to obtain system call data and development of monthly data reports • Assist wkh training for any new projects Electronic Services • Assist with development of annual web ske work plan by August 2009 to provide new and updated sites, processes and applications for the City web ske • Assist wkh design and development of new and updated web pages and applications • Assist with review of content management system and integration opportunties for muki-channel options such as web and IVR • Assist with restructuring department pages from the root directory to the content management system and file and image management • Assist with training of department staff for the content management system Deliverables and metrics: • Annual technology and process improvement work plans for Call Center and City web ske completed • 311 plan successfully completed • Improvements to call flow management and data reporting completed • Current, accurate and consistent data on the City web site • Menu Maker implementation and activation completed, including Spanish option • Review of CMS options completed and, ff determined viable, implementation plan completed • Review of CRM options completed and, if determined viable, implementation plan completed, including review of muki-channel integration opportunities • Other assignments completed as requested ~ulnf~tfi ~j 9 Proposed Contract Terms Start Date: February 15, 2009, with contract signed by City Manager. Term: Six-month contract. Compensation: $55/hr, not to exceed $25,000; Texas per diem rate for travel. Evaluation: Monthly work plan and performance reviews and updates conducted by the Interim Director of E-Government Services. 10 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi thdinance 17112, as amended, requires all ppeersons or firms seeking to do business with the City to provrde the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for definitions. COMPANY NAME: SC~SC~D`1 LCL~~t°_ ~I7(A ~St?vV`C~S P. O. BOX: STREET: J 5 ~~ ~ l ~1C1'~OV1 ~ Y CITY: ~ (,' GICQ.b gGl.~ ~ I X ZIP: FIRM IS: ]. Corporation ) ~ 2. Partnership ( ) 3. Sole Owner (i'f 4. Association ) S. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this ppaage or attach se~arate sheet. 1. State the names of each "emQloyce" of the City of Corpus Cluisti having an ownership interest" constituting 3% or more of the ownership m the above named "fimr. Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title ,~0-1~ fate t e names o eac ar mein o e City o orpus str avmg an owners rp interest' constituting 3% or more of the ownership in the above named "fitrn." Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "fain." Consultant h~ I'12 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, nTexas as changes occur. Certifying Person: l.C Gl (JQ.t'j~Q. Title: n f(~ SfcQ F ~~1 / O(./t~l'lE'X' Signature of Certifying Person: ~° SCLG~ Q~ ' ~ Date: ~//3~c3-SOT 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. "Firm." 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 not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, 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 of Corpus Christi, Texas. e. "Ownership Interest." 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 held^ refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. ^ f. "Consultant"Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.