The URL can be used to link to this page

Home My WebLink AboutC2009-087 - 2/19/2009 - NAPROFESSIONAL CONSULTING SERVICES AGREEMENT This Professional Information Technology Consulting Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a municipal corporation ("City"), and Carol Allen Consulting, LLC, ("Consultant") effective for all purposes upon execution by the City Manager or City Manager's designee. I. SERVICES TO BE PERFORMED. The Consultant agrees to provide professional information technology consulting services to the City of Corpus Christi as described in attached Statement of Work, Exhibit A. The parties agree performance of the work shall commence upon authorization to proceed by the City. The Director of Municipal Information Systems 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. Total cost for all services provided by Consultant and all expenses incurred by Consultant under this Agreement shall be $2300.00, payable thirty days after submission of invoice after project completion. III. EFFECTIVE DATE AND TERMINATION A. This agreement takes effect upon execution by the City Manager or his designee. B. The City may, at any time, with or without cause, without penalty, 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. IV. APPROPRIATION OF FUNDS. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing fox covering such contract item as an expenditure in said budget. City does not represent that the 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. V. ASSIGNABILITY. The Consultant shall not assign, transfer, or delegate any of his obligations or duties in this Contract to any other person without the prior written consent of the City, except for routine duties delegated to field assistants and clerical helpers. The performance of this Agreement by Consultant is the essence of this Agreement and City's right to withhold consent to such assignment shall be within the sole discretion of the City on any grounds whatsoever. VI. INDEPENDENT CONTRACTOR. Consultant shall perform all professional services as an independent contractor and shall fitmish 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. VII. SUBCONTRACTORS. Consultant may use subcontractors in connection with the work 2009-087 02/19/09 Carol Allen Consulting performed under this Agreement. When 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 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. VIII. VENUE AND APPLICABLE LAW. This Agreement shall be subject to all Federal, State and local laws, All duties of the parties shall be performed in the City of Corpus Christi, Texas. 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. IX. 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. 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. xI. INDEIVINIFICATION. Consultant must indemnify and hold City, its 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 pertormance of this Agreement. XII. INSURANCE. Consultant agrees to maintain provide insurance in accordance with the attached exhibit B. XIII. NO WAIVER. No waiver of any covenant or condition, or the breach of any covenantor 2 condition of'this Agreement, constitutes a waiver of any subsequent breach of the covenantor wndition of the Agreement. XIV. AMENDMENTS OR MODIFICATIONS. No amendments or modifications to this Agreement may be made, nor any pmvision waived, unless in writing signed by a person duly authorized to sign agreements nn behalf of each party. XV. RELATIONSHIP OF PARTIES. In performing this Agreement, both the City and Consultant shall act in an individual capacity, and not as agems, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. XVI, CAPTIONS. The captions in this Agreement are for convenience only and are no! s part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. XVII. SEVERABILITX. If for any reason, any section, paragraph, subdivision, clause, pmvision, phrase or word of this Agrcement or the application of this Agreement to any person or circumstance is, to any arrest, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jtrri4diction, then the remainder of this Agreement, or the application of the term rn pmvision t0 persons of 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 Co this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreemem be given full force and etI'eet for its purpose. To the extent that any clause or pmvision is held illegal, invalid, or wnenforceable 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 of pmvision, 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. XVIII. NOTICES. Notices provided shall he in writing end delivered to On behalf' of the City: City of Corpus Christi Uireetor of Municipal Information Systems P.O. Box 9277 Corpus Christi, TX 7&169-9277 On behalf of the Carol Allen Consulting, LLC ~ Consultant: loll VeS~G~~~ Weds ~~ie~5>^ N~ 2~~rs r<-2 ~I.~pa-- IXX SOLE AGREEMENT. This Agreement end its exhibits A & B constitute the sale agreement between the City and Consultant. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly sorted in this Agreement, are of no force and etTect. in the event of soy confliot between this Agreement acrd the attached Standard Terms and Conditions, this Agreement shall control. D'I'ED IN DUPLICATE, each of which shall be considered an original, this ~ day of ` ~~~~ 2009. CITY OF CORPUS CHRISTI i v`~ g Escobar ~~ A~~ CN/kp/~ City Manager (~ ('~~/ ~ EC'_~~i4-(Cy APPROVED TIIIS ~ ~ DAY OF ~ , 2009 By: r~~tivt / Asslatant Ci ttorney For City Att ney CONSULTANT: icy: Co.~ro ~ A-llen (~citsu I ~~,~~, ~t._C Name: S,G.ri.L (~ ~ ~~ /}Ic~1---- TiUe: ~,;~ Date: :2 R D~1 ~arol.'~1llen Ganss~ltln~. LAC Statement of Work for OnDemand for iSeries Services at City of Corpus Christi Project Description: Re-spool all occurrences of selected reports archived on disk in OnDemand Spool File Archive since November 2001. The list of approximately 50 reports was provided by Debby Studer. We will work with the City to keep them informed of disk space utilization by the re-spooled reports. Optionally, we will remove the entire Spool File Archive environment (report definitions, archived reports and indexes) when everything has been moved to a new system. Charges: $2300.00 due upon project completion. $600.00 to remove the Spool File Archive environment after project completion, on the request of the City. Completion Criteria: Services will end when one of the Following occurs: I) we have re-spooled to output queues all reports archived on disk since November 2001; or 2) City of Corpus Christi terminates the project. Assumptions: The work will be done remotely, using a VPN Client to access the iSeries. This proposal will remain open between February 5 and June 30, 2009. The work will begin at a time agreeable to both parties. Agreed To: Carol Allen Consulting, LLC City of Corpus Christi Date: 02/05/09 Please sign and return to carol carolallenconsulting.com or fax to 419-821-7941. ~h~~ji'r J r SUPPLInR N~UMBp[sBR . ~''~"~ W~IRBCHASINC~IV441~^-' City of (:orpus CITY OF CORPUS CHRISTI Chrls[i DISCLOSURE OF QvTERE91' All parsons or firms seeking to do business with the City moat provide the followings information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse stde for definitions. COMPANY NAME : l 0.rd t A NPn Cn ns, ~ ~ {~ ((_ C P. 0.130X: sTRSET: 1 n l~ Ves~c.~ la ~tboels 1~~CrrY: iaalcl~~ N ~-- ZIP: a~-G r~ NIRM IS: 1. Corporetion 2. Patinerahip ( ) 3. Sole Owuer (~ 4. Assoctatlon 5. Olher ( ) DIS(:i~OSURE QUESTIONS If additional spear is necessary, please use the reverse side of this ppage or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus ChriaG having an "mtcrest" m the shove named "firm:' Nsme lob Title and City Department (if known) N~ r,-`- 2. State the names of oath Council Merttber of the City of Corpus Christi having a "substantial interest" in the above named "firm." Name ~(f p~ t,_,_ Title tare t e names o eau u mem e o e City of orpua matt avtng a su tt mto m e above named "firm." Name Hoard, Commission, or Committee >1Jcln t_ 4. State [fie names of each employee or ollicer of a "consultant" for the City of Carpus Christi who worked on any matter related to the subject of this contract and has an "interest" in tlto above namod "firm." n1 Consultant (v0 n~ CERTIFICATE I certify [Flat all information pmvided is we and correct as of the date of this statement, that t have nut knowitty withheld disclosure of any infurrwticut troquested; and that supplemental statements will be promptly submitt~to the City of C//'~orpu~ Chriat+, [tTexas as changes occur. Co[fifyingE'erson; ~.0.rd ~ ~ t~n Title: ~ WnEr `~w~ndli-- i Signature of Certifying Person: ~LLi/-Q ~-Q~/-_ Data: ~ I ~ ~ C 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. "Interest" Any direct or indirect pecuniary or material benefit in a contract or transaction other than; (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired far a public purpose andjust compensation must be paid under the Texas Constitution after obtaining an independent appraisal. e. "Substantial Interest" Any interest which has a value of five thousand dollars ($5,000.00) or more or represents ten (10) per cent or more of a person's gross income during the most recent calendar year. 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. Fax &erver 2/17/2009 3:15:07 PMT PAGE 2/003 Fax Server ACORD CERTIFICATE OF LIABILITY INSURANCE z"i`i'ioo9" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTE R OF INFORMATION ONLY AND CONFERS NO RIQHTS UPON THE CERTIFICATE Aixst CStizena Insurance Services HOLDER. THIS CERTIPICATB DOES NOT A MEND E><TEND OR P O Box 29611 ALTER THE COVERAQE AFFORDED BY THE POLICIES BELOW. Ralei h NC 2 762 6-0 611 INSURE SAPFORDINOCOVERAQE NAIC# INSURED INBUREflA:HarttOrd CpaUalt F 29424 Carol Allen Consulting LLC INBUREfl e: 1017 Veatavia 4Pood Drive INSURER C: INSUflEfl D: Raleigh ~ NC 27615 INSUflER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 193UE0 TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFlCATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREM IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONORIONS OF SUCH POLICIES. INBR DD'L D TEV EM1Y D E ION T IU DL~E E TypEOF INSURANCE POLICY NUMBER A O V A I UMITB GENERAL UgBIUTV I, 000, O00 X COMMERCUIL GENERAL WBIUTY D TO RENTED 300,000 A X cLaaJaNADE %~ occuR 226614387850 6/16/2006 e/16/2009 1D,ooo 1,000,000 a ooo,ooo OE NL AG6RE6ATE LIMNAPPUES PEfl: - 2, 000, 000 X PR AU R)MOaLE UABILRV COMDINED SIN3LE LIMN ANY AUTO (Ea ecaten0 _ ALL OWNED AUTOS BODILY INJURY B 8CHEDULED AUTOS (Perpamn) MIflED AUTOS BODILY INJLWY B AtTN-OWNED AUTOS (Per a:ddan0 PROPERTYDAMAOE (Par aXidenO t GA RAGE UgeIUTV UFOO E ANYAUTO OTHEfl TLNN AUTOONLY: E%CESSNMBRELLA LIABILRV OCCUfl CLAIMS MADE DEDUCTIBLE WOORERB COMPENSATION ANO O ' EMPLOYERS' UABILRY ANV PROPRIE70WPAflTNEWEXECUTIVE OFFICERRAEMBEfl E%CLUDED7 ~EAEMP IIY~.O6aa1Ue LD0af 6 E E L. ji OTHER proPeasional 22aBt43x7650 8/16/2008 3/16/2009 ~1, 000, 000 Liabilty DESCRIPTION OP OPERATIONSILOCATIONSNEHICLEe/E%CLUBIONS ADDED BY FNDORSEMFMISP~IAL PRONBIONB CertiPiaato holder Se listed ae Additional Insured with seepeot to the General Liab111ty City o! Corpus Christi Po sox 9277 Corpus Christi, TX 78969 SHOULD ANV OF 7HE ABOVE DESCRIBED POLICIE8 BE CANCELLED BEFORE THE ¢X%RATION DATE THEREOF, THE IBSUINO INSURER N7LL ENDEAVOR TO MAIL 30 DAYS WRYREN NOTICB TO TH¢C¢RTIFlCATE HOLDER NAMED TO THe LEFT,BUT FAILURE TO DO 80 SHALL IMPOSE NO OBOOATION Ofl DABIDTY OF ANY RIND UPON THE INS026(Otoe).aae L ~ Pegelolz ~xh3ti~~t