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Home My WebLink AboutC2009-278 - 7/24/2009 - NAPROFESSIONAL CONSULTING SERVICES AGREEMENT {for MIS Customer Service Center) whereas, the City of Corpus Christi has ~ commitment to excellent aid responsive customer service and improved business processes; whereas, the City of Corpus Christi strives to empower the public by providing cammunicat~on options of choice to citizens through the Call Center, Interactive Voice Response systems, and a government web papa whereas, the City of Corpus Christi emphasizes the use oftechnology to improve efficiencies and service delivery; Now, therefore, this ~rofessianal Consulting services Agreement ~"Areement"} is entered into by and at~ong the City of Carpus Christi, Texas ~"xty"}, and Susan Cable db eervices, ~"I~onsultan~"} efFective far all purposes upon execution by the authorized representative a each party. I. ERVTI~E T~ BE ~EIR.IVIED BY CI~NUi~TAT. A. Consultant shall provide professional consulting services related to planning, process improvement, training, development and technology for the Customer service Center City website, Call Center, and Interactive voice Response systems} as described an Exhibit B, including but not limited to the following; ~ ~ } Assist with develaprnent and it~plementatian of improved processes far Call Center operations including the IP telephony system, 311, C~M,1VIenuNlaker, and other technology and business systems; {~} Assist with planning and development of Interactive voice response systems to improve customer service and offload calls; ~3~ Assist with design and development afnew City websites 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 shall commence upon date of execution of this Agreement by the City Manager. The Manager of the Custorrier service Center is designated as the Contract Administraator 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 Adininlstrator. II. FEE F~I~ E~vII~E. During this 12 month period, this contract, the Consultant shall be compensated for services provided at the rate of ~55.aa per hour the `#~aurly Rate"}, not to exceed 3,~~~. The City shall rei.rnburse the Consultant for reasonable out-af'pocket expenses authorized in advance by the Contract Administrator. All other expenses rewired to perform the Consultant's services sha11 be the sDle responsibility of Consultant. Consultant shall submit monthly statements for services authorized ar~d performed, The statement shall cantaan an hourly itemization of Consultant's services during the billirig period and previously approved 2~~9-Z7S ~71241~9 Cale, Susan ~ba eervices expenses. Payrrient shall be made within ~0 days from receipt and approval of invoice by Contract Administrator, III. ~F~'EI~TIVE DATE '~ER~VI~ TERIVII~ATIUN, ~iIERA~~Y IMF D~i~MENT A. This agreement takes effect upon execution by the City Manager. B, The term of this agreement is six months, beginning August 1, ~aa~ upon execution by the Cif Manager. This Agreement is subject to annum appropriation of funds. . The City nay, at any time, with or without cause, terminate this Agreement upon two ~2~ weeks written notice to the Consultant. In such event of termination without cause, City will be invoiced for the actual tune and charges accumulated through the date of termination. 1. within ~0 days of termination of this Agreement, all equipment, software, finished ar unfinished documents, data, studies, or reports prepared by the Consultant, at the option of the City, will be delivered by the Consultant to the Contract Administrator. ~V. ~]UT~ES UPON ~PITII~N. The parties agree to meet at least thirty days prior to termination ar expiration of the Agreement, to discuss transition of responsibilities, V, REPI~T. The Consultant shall provide reports to the Contract Administrator on the project status as requested. VI. ASII~NABILITY. Consultant nay not assign, transfer, ar delegate any obligations or duties in this Agreement to and other person without the prior written consent of the City Manager. III. INDEPENDENT CI~NTRACT~1~. Consultant shall perfarrn all services as an independent contractor and shall ~i.sh such services m its own manner and method, and under n.o ciurcun~stances ar conditions shall an agent, servant, or employee of the Consultant be considered an employee of the City of Carpus Christi. Accordingly, the Consultant shall be responsible far 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, SUBI~TT~~. Consultant may use subcontractors in connection with the work performed under this Agreement. when using subcontractors, howe~rer, Consultant must obtain fit prior written approval from the City Manager. In using subcontractors, Consultant agrees to be responsible for all their acts and o~nissians to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set Earth as part of this Agreement shall be applicable to all subcantrtor and their employees to the same extent as if the Consultant and its employees bad performed the services. I~, 'V~UE ANTI APPLIA.BLE LAw, The consultant shall perform all services in accordance with Federal, Mate and local laws. Thu applicable law far any legal disputes arlsln 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 ~ ustlce court in and far ~ueces bounty, Texas. . WAIVER. Na waiver of any bread. of any term, ar condition othis Agreement, shall be construed to wive any subsequent breach of the same. x~. INDENINIFICATION. Consultant must indemnify and hold City, its their officers, employees or agents ~"Indem~itees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted agains# Indemnitees on account of injury or damage #o 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 proximafiely or remotely, wholly or in part, the performance of this Agreement; an actor omission, negligence or misconduct on the part of Consulfiant, or any of its agents, servan#s, contractors, or employees in performance of this Agreement. Consultant agrees #o 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. xII, INURAI~E, consultant agrees to provide insurance in accordance with the attached exhibit A. xY~i, A~l1lD~NT~ ~R NI~DIEIATI~N. Igo ainend~nents 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. ~. A~TI[lN. The captions in this Agreement are far convenience only and are not a part of this Agreement. The captions do not m any way liln~t or amplify the terms and provisions of this Agreement. ~~. ~vERA~ILIT~. fffor any reason, any section, paragraph, subdivision, clause, pravisian, phrase or word of this Agreement or the application of this Agreement to any person or circumstance i, to any extent, held illegal, invalid, or unenforceable under present or futuxe law or by a nai judgment of a court of competent jurisdiction, then the remainder of this Agreement, ar the application of the tern or provision tD persons or cirCUn~stance other than thane as to which 1t is held 111egal, invalid, yr unenforceable, will nut be affected by the taw or judgment, far It Is the definite intent of the parties to this Agreement that every section, paragraph, subdlvlslon, clause, provision, phrase, Dr word of this Agreement be given full farce and effect for its purpose. To the extent that and clause ar 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 b~ the law, and in lieu of and illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause ar provision as n~a be possible and be Iega1, valid, and enforceable, wi11 be added to this Agreement automatically. xvI, N~TILS. notices provided shall be in venting and delivered to: ~n behalf of the City: ~n behalf afthe Consultant: City of Corpus Christi Attu; Annie Leal P.~. lox ~~77 Corpus Christi, 754~9~~~~7 Susan ah~e d~a cervices IIVel~ington Drive sugar t.and, Texas 7~4~8 ~~. ~w1RSH~P ~~ w~RI~ ~~~D~J~. The City owns exclusive rights to ail work designed, drafted, created, or prepared b~ Consultant under this agreement. vI~I, O~VFITI~NTIALI'FY, 'The Consultant shall riot disclose ar~y information received ar work created under this Agreement without the prior written permission of the City ~Ilanager. Ixx. ~]ILSiE ~~ INTERESTS. Consultant further agrees, incompliance with City of Corpus Christi ~rdi~ance No. f 7112, to complete, as part ofthis Contract, the Disclosure of Interest farm provided to Consultant. . SOLE AREENNT. This Agreement and Its exh~b~ts canstltute the sale agreement between the City. And prior agreements, promises, negotiations, or representations, verbal or otherwise, nvt expressly stated in this Agreement}are of no farce and effect. ~ the event of and conflict between this Agreement and the attached Standard Terms and Conditions, this Agreement shall antral. ExEUTED IN DLIATE each of which shall be considered an anginal, this Y of 2~D~. ATTES Armando Chapa, Secrcta CITY ~lF ~IIFUS ~~RISTI ` e Escobar, pity N~aaager ~NSULTAI~T: Susan ~a~~c dba eServices ~ -. ~~ ~ ~ : ~ ~'. ~ ~~1~ a~m~o~m: ~~ Usa gu~l r Assistant qty Attorney For City AttarneY ~~ ~~~ r ~+~ ~1tl~i. ' g "y I~~e: ~' ~ J ~ ~ ~~ Cl~ `~. . ~--~ ~ ~~~~o~~a ~~ to ~~~ ,~~~~C~.I1t C~ Attorney ~=~~ pity Attorney ~~~1~]1t ~ IN~lRANCE REC~DIREMENTs I. Consultant's Liability Insurance A. Consultant must not commence work under this agreement until alb insurance required herein has been obtained and such insurance has been approved by the City Director of Risk lVlanage~nent. Consultant must not allow any subcontractor to cor~mence work until ell similar insurance required of the subcontractor has been obtained, E. Consultant must famish to the City two ~2} copies of Certificates of Insurance, showing the following rr~inimurn coverage by insurance company} acceptable to the City, The City must be named as additional insured far the liability policies and a waiver of subrogation is required on all applicable policies. TYPE ~F INSURANCE IllllIIMUM Ih1URAI~E DoVERAE 3D-Day written notice o~ cancellation, ma~erwal ~o~iiy Injury ar~d Property Damage change, non-renewal or termination i required Per occurrence !aggregate on all certificates Commercial general Liability including: ~,a00,aaa CCNfBINED IhICLE LIMiT 9. Cvmrnercial Form ~. Premises - operations ~. Products! Completed operations 4. Contractual Liability ~. Independent Contractors Peronallnjury Applicable if employs any one other himself! 11~orkers' Compensation herself v~hich comp!!e with the Texas workers' Compensation Act and Paragraph If of this exhibit Employers' Liability SDO,oa01 ~a~,aai~l baa,aaD Efectranic Data Liability Insurance including 5aa,aaa per claim 1~,oDO,a~O aggregate ~ . Prafessianal Liability ~-Errors & Cmissian In the event of accidents of any kind, Consultant, Inc. must furnish the City Director of Risk Management v~rith copies of all reports of such accidents within ten ~~~}days of accident. II, ADDITIONAL REQ~JIREMENT A, When applicable, Consultant must obtain wo~cers' compensation coverage through a licensed insurance company in accordance ixith Te~ca law. The contract for coverage must be written on ~ polity and endorsements approved by the Tens Department of Insurances. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly r~et, B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage and a vuaiver of subrogation in favor of the City of Corpus Christi on all applicable policies. If your insurance company uses the standard ~C~RD form, the cancellation clause bottom right} must be amended by adding the wording "changed or between "bey and "canceled", and deleting the words, "endeavor to", and deleting the wording after "!eft". In lieu of modifications of the ACRD form, separate policy endorsements addressing the sane substantive requirements are mandatory. • The Warne of the project must be listed under "Description of Operations". • At a minimum, a 3o-day written notice of material change, non-renewal, termination or cancellation i required. • if the Certificate of Insurance on its face does not show the existence of the coverage required by items ~ .B ~~ }~~~~} an authorised representative of the insurance company must include a letter specifically stating whether items 1. B. ~~ }~~~} are included or excluded. ~T~ ~F ~R~ HTI . .. DISCL~UI~.~ ~~` TERT . City of Carpus Christi ~rdrnance ~ 711 ~, as amended, rc~uires alt ans ar frrms seeking to} do business with the City to provide the fvllow1ng ~nformatian. Every ques~on must answered} If the questtan ~~ not applicable, answer with `A". See reverse side for defmtttons. ~. o. ~~~: f ~ STREET; ~ ~ ~~ , 1 ~Y CITY: ~ ' ~.~` ~ ~C. SIP: ~ N FIRNt ~~: 1. orpa~ion 2. Partnership 4. ~ssoc~at~on 5. ether ~ { } 3. Sale owner { DIL~~RE UETI~N Ifadditianal space is necessary, please use the reverse side ofthis ge or attach separate sheet. 1, Mate the names of each "em~layee" of the City of Carus 'sti having an ownership interest" constituting 3°Io or mare of the ownership ~n the above named "firm.' Name Job Title and City Deparh~nent {if known ~, Mate the names of each "official" of the Ci { of Corpus Christi having an "ownership interest" constituting 3 °I~ ar more of the ownership in the abave na~n fiixn. Name Title .~ . fate t e names o eac ar mem er a e City o arpus sti ving an owners ~p interest' constituting 3 °l~ ar mare of the ownership in the above named "firm." Name Board, Commission, or Committee I~`1 ~ . 4. Mate the names of each employee ar officer of a "consultant' for the City of Carpus Christi who worked an any matter related to the subject of this contract and has an "ownership interest" constituting 3~Io or mare of the awne~ship in the abave named "firm," Consultant ~~ ~~ L I certify that all information rovided is true and correct as of the date of this statement, that I have not knowinl withheld disclosure a any infarnlation requested; and that supplemental statements will be pramptty submxtt to the City of Corpus Christi, Texas as changes occur. Certifying Person. ~,~ ~. V1 ~~.. Tale. r ~. ~ ,, ~ ~~ ~' ~~~ ,~~ signature of Certifying Person: • ~ ~. ~C~ bate: U a ~+,° ~ ~, '~~~ o ~ o , ~ ,~ ~ ~ ,o , ~ U ,~ °' .~ U a ~ ti ~ ~~o~ ~~~o .~'a Uv~ bo ~~~ ~,'' U . o ~~~~ ~,ao ~ '~w~ ~ ~ ~ ~ ~ ~ ~*'ao ~ ~ ~ ~ ~ nn ~~a ~ ~ ~ ~ A ~ ~ ~~ ~° aoU ~ ~ ~ ~ •~ U oa ~ ~ ~ ~ ~~ . ' c . ~ ° ~ ~ ~.~~;~ ~ U~o ~ v~y ~ p C, ?' ~ ~" ~ 'ti v ~~ z .~ ~ ~oa~ ~ ~ ~ a ~ ~ ~b 0 0 ~~~ .-. 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