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HomeMy WebLinkAboutC2010-254 - 7/21/2010 - NAPROFESSIONAL CONSULTING SERVICES AGREEMENT (for MIS Customer Service Center) Whereas, the City of Carpus 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, development and technology for the Customer Service Center's City websites, described on Exhibit B, including but not limited to the following; Manage the City public website (www.cctexas.com) and the City Intranet website (www.citynet.ce). This includes managing pages on the City server and pages within the City's content management system; the design and development of new web pages; redesign and structure of pages, files and images; ,implementation of Web 2.0 applications; and training and support for department editors.. 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 Customer Service Center 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 12 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 $48,000. The City shall reimburse the Consultant for reasonable out-of-pocket expenses authorized in advance by the Contract Administrator. However total amount aid under this Contract for such ex enses shall not exceed $2,000.00. 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 ~0 days from receipt and approval of invoice by Contract Administrator. 2010-254 07/21/10 Susan Cable, dba eServices ~~~~~ 2 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 12 months, beginning August 1, 2010. 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: Tn such event of termination 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 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. 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 nqt 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 farst 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 3 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, ar 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. XII. 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. SEVERASILITY. If for any reason, any section, paragraph, subdivision, clause, provision, phrase ar word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, ar 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, phrase, or word of this Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held 4 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. NOTICES. Notices provided shall be in writing and delivered to: On behalf of the City On behalf of the Consultant: XVII. OWNERSHIP 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 writteri permission of the City Manager. IXX. 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. EXECUTED IN DUPLICATE each of which shall be considered an original, this ~ ~ day of ~~~ i , 2010. CITY,,OF CORPUS CHRISTI ` geI R. Escobar, City Manager CONSULTANT: By: ~`t Name: Title: ;r~ Date: '"71 t~~ 1 dba eServices City of Corpus Christi Attn: Annie Leal P.O. Box 9277 Corpus Chrtstl, TX 78469-9277 Susan Cable dba eServices 35 Wellington Drive Sugar Land, Texas 77478 Approved as to form: ~~' ~a oC ,.,~-r Lisa Aguilar Assistant 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. l3. Consultant must furnish to the City two (2} copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City. The City must be named as additional 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 1 aggregate on all certificates Commercial General Liability including: $1,000,000 COMBINED SINGLE L1MIT 1. Commercial Form 2. Premises -Operations 3. Products) Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personallnjury Applicable if employs any one other himself) Workers' Compensation herself 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$1,000,000 aggregate 1. Professional Liability -Errors & Omissions C. In the event of accidents of any kind, Consultant, Inc. must furnish the City Director of Risk Management with copies of all reports of such accidents within #en (10) days of accident. ADDITIONAL REQUIREMENTS 6 A. When applicable, Consultant must obtain workers' compensation coverage through a 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 between "be" and "canceled", and deleting the wards, "endeavor to", and deleting the wording after "left". In lieu of modifications 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 3Q-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.B {1}-(6), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1}-{6} are included or excluded. 7 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to pravtde the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for definitions. COMPANY NAME P. O. BOX: STREET: t~ j ~J.~~~m ~~~ FIRM IS: 1. Corparation ( ) 2. ~}. Association ( ) 5, ~~~ll CITY: N 61 ,{ ~Y\~ ZIP: ~ {f ~' Partnership ~ { } 3. Sole Owner (~) 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 interest" constituting 3% or mare of the ownership m the above named "firm." 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 _. _.__~ ~~n.-Q Late t e names o eac "oar mem er" o t e City o orpus rtstt avtng an owners tp Interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee Y~ G~'1P~ 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 mare of the ownership in the above named "firm." Consultant ~~n~ 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, Texas as changes occur. Certifying Person: ~i~~,~.`-~G~. ~~j ~~~-"c~~ Title: ~!~'~ ~`=~C~2~-'~~ G~S~3~.~-V y~~~°c , ~ Signature of Certifying Person: L. t ! ~..~:~ ~- Date: `~ S DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council afthe City of Carpus 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 ar 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 .lodges of the City of Carpus Christi, Texas. e, "Ownership Interest." Legal ar equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, ar holding entity, ~Canstructively 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. S 9 Exhibit B SCOPE Manage the City public website (www.cctexas.com) and the City Intranet website (www.citynet.cc). This includes managing pages on the City server and pages within the City's content management system; the design and development of new web pages; redesign and structure of pages, files and images; implementation of Web 2.0 applications; and training and support for department editors. Responsibilities include: • Development of an annual website work plan in September to establish priorities for new and updated sites, processes and applications for the City website • Regular review of website content and navigation to identify additional website improvements and work with departments to implement improvements • Design and development of new and updated web pages and applications, improved navigation, and expanded department maintenance in the content management system • Identification and expansion of Web 2.0 applications, and updates, features and functionality of Facebook, Twitter, RSS feeds and other tools Management of the content management system approval process • Restructuring of department pages from the root directory to the content management system and f le and image management • Updating of the content management system training book and providing training and coaching of department staff • Planning and development of new web portals far the community and local businesses • Provide additional assistance as needed. The scope of management services does not include departmental web-based operational systems with interfaced databases andlor payment applications (such as Police, Airport, Purchasing, Latchkey, Food Inspections, Human Relations Intake Forms, Museum, Marina and Click2Gov). Proposed Contract Terms Start Date: August 1, 2010, with contract signed by City Manager. Term; 12-month contract with option by both parties to renew far two additional one-year periods Scope of Wark: As defined, with modifications by mutual agreement Compensation: $SSlhr, not to exceed $48,000; Texas per diem rate for travel. Evaluation: Monthly work plan and performance reviews and updates conducted by the Manager of the Customer Service Center. 9