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Home My WebLink AboutC2016-488 - 10/4/2016 - NA PROFESSIONAL SERVICES AGREEMENT FOR HARBOR BRIDGE LIGHTS PROGRAMMING This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("CITY MANAGER"), and Terry K. Orf, an individual, ("CONSULTANT"), which agree as follows: 1. DECLARATIONS. CITY desires to engage CONSULTANT on a month to month basis for consultation services in connection with City's project, described as follows: Harbor Bridge Lights Program ("PROJECT"). 2. SCOPE OF WORK. CONSULTANT shall provide consultation services for the PROJECT in accordance with the accompanying Scope of Services and Fee attached hereto as "Exhibit A". 3. FEE. The CITY agrees to pay the CONSULTANT for consultation services provided in accordance with Exhibit"A", Scope of Services and Fee under this AGREEMENT, a total monthly fee not to exceed $1,701.00. Monthly invoices shall be submitted in accordance with Exhibit "C". Additionally, for prepaid programming requests submitted and approved by the CITY, the CONSULTANT, at the direction of the Assistant City Manager's office shall provide programming consultation as part of this agreement and its associated fee. 4. BUDGETARY APPROPRIATION. All parties recognize that the continuation of any contract after the close of any fiscal year of CITY, which fiscal year ends on September 30 of each year, shall be subject to appropriations and budget approval providing for 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. 5. TERMINATION. Either party may terminate this agreement by giving at least 5 days' written notice to the other of its intent to terminate. Such termination may be made with or without cause. In such event of termination without cause, the City will be invoiced for the actual time and charges accumulated and services performed through the date of termination. 6. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, save harmless and defend the CITY, and its agents, servants, and employees as more fully set forth in "Exhibit B". , f CITY O ,CD,RPUS CHRIS TErt- • . , 10A/117 1 E. Jay Ellj gt n, /e/9//4-> D te) T-rry K. Orf (Date) Interim ssistant City anager 300 East Beasley Aransas Pass, TX 78335 1 PPROV:' AS TO FORM 361.960.0131 S Oice of Ma gement and Budget (Date) (iL ....0 =i lull0lll� legal Department (Date) Project Number: Funding Source: 02 I2- Q000 I 2016-488 10/04/16 r TertyK. Orf INDEXED '` DEXED i PROFESSIONAL SERVICES AGREEMENT FOR HARBOR BRIDGE LIGHTS PROGRAMMING This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("CITY MANAGER"), and Terry K. Orf, an individual, ("CONSULTANT"), which agree as follows: 1. DECLARATIONS. CITY desires to engage CONSULTANT on a month to month basis for consultation services in connection with City's project, described as follows: Harbor Bridge Lights Program ("PROJECT"). 2. SCOPE OF WORK. CONSULTANT shall provide consultation services for the PROJECT in accordance with the accompanying Scope of Services and Fee attached hereto as "Exhibit A". 3. FEE. The CITY agrees to pay the CONSULTANT for consultation services provided in accordance with Exhibit"A", Scope of Services and Fee under this AGREEMENT, a total monthly fee not to exceed $1,701.00. Monthly invoices shall be submitted in accordance with Exhibit "C". Additionally, for prepaid programming requests submitted and approved by the CITY, the CONSULTANT, at the direction of the Assistant City Manager's office shall provide programming consultation as part of this agreement and its associated fee. 4. BUDGETARY APPROPRIATION. All parties recognize that the continuation of any contract after the close of any fiscal year of CITY, which fiscal year ends on September 30 of each year, shall be subject to appropriations and budget approval providing for 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. 5. TERMINATION. Either party may terminate this agreement by giving at least 5 days' written notice to the other of its intent to terminate. Such termination may be made with or without cause. In such event of termination without cause, the City will be invoiced for the actual time and charges accumulated and services performed through the date of termination. 6. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, save harmless and defend the CITY, and its agents, servants, and employees as more fully set forth in "Exhibit B". CITY7 C PUS CHRIS 4 TER- E. Jay EI1i gt•n, (D te) T-rry K. Orf (Date) Interim ssistant City anager 300 East Beasley Aransas Pass, TX 78335 `• ' ROV D AS TO FORM 361.960.0131 C . 6 VAt V O ice of Ma gement and Budget (Date) l01 10114 egal Department (Date) Project Number: Funding Source: 02- L Zy 2016-488 10/04/16 �y TerryK. Orf INDEXED EXHIBIT A Scope of Services and Fee Schedule Objective: To provide the City of Corpus Christi with consultation of monthly Harbor Bridge light programming, limited special Harbor Bridge event programming and coordination of all required maintenance of the lighting system and related hardware infrastructure (as described below). Programming will be accomplished using Designer software package included with the Pharos controller hardware, plus other Pharos software, as well as other software packages to create the light programs. The amount of this 90-day contract will be $1,701.00 to be billed monthly, with this agreement commencing October 1, 2016, and ending December 31st, 2016. All hours spent conducting employee training will be separately invoiced. The contract will be for a period of approximately 90 days. Specific Tasks: • Consultation of Monthly Harbor Bridge Light Programming o By the first weekday of each month, a unique light program comprised of multiple effects that are included in the Designer software, video effects and custom effects will be uploaded to the bridge hardware as coordinated thru the City's Assistant City Manager ("ACM"). This will be based on the program created under the previous contract in 2013 and modified as requested for special events and per the ACM's directions. o Each program includes many individual effects strung together to form a 15-minute program which will loop during the prescribed times defined by the ACM. • Consultation of Special Harbor Bridge Event Programming o Themed lighting programs for up to two special events will be developed. o The anticipated special programs will include, but not be limited to 4th of July Mayor's Big Bang event. o Any special projects which require synchronizing the lights with sound will require special coordination as follows: ■ City of Corpus Christi Wi-Fi personnel will be required for these programs as well as Wi-Fi sending and receiving units provided by the City. • Consultation of Maintenance of the Physical Bridge Lights and Related Hardware Infrastructure o Consultation of monthly maintenance requirements to address lighting and data communication problems are included in this agreement. This would include the Harbor Bridge lighting system. o Consultation for coordination with certified vendors to replace/repair the lights and infrastructure will be included as limited above. • Consultation of Programming Events outside of this agreement o Programming events not listed in this proposal will be negotiated separately with the ACM's Office. • Training of City Staff o Provision of training to designated City personnel related to all aspects of the programming of lights and maintenance of lighting systems covered under this agreement. o An estimated 120 hours of training will be required. o Training is expected to begin no later than September 1, 2016 o As of September 30, 2016 1/3 of Training has been completed EXHIBIT A continued Scope of Services and Fee Schedule Consultation of Programming & Consultation Hours Cost Maintenance Monthly Bridge Lighting Program As Determined by IT&ACM Included in Consultation Monthly Billing Special Events Programming Consultation As Determined by IT&ACM IncludedyB in Monthly Billing Maintenance of Lights and Infrastructure As Determined by IT&ACM Included in Consultation Monthly Billing Monthly Billing: $1,701.00 Training of City Staff 120 hours $7,800.00 (1/3 Completed as of September 30th 2016) Exhibit B Mandatory Requirements INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury,death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT C Sample Form of Payment Request Tem'Oil Invoice 300 East Beasley Ave Aransas Pass.Texas 7R336 Date Invoice# 6/21/2015 280 Bill To Project City of Corpus Chnsti 1st Quarter I larhor Bridge Lighting Attn:Wes Pierson,Assist City Manager P.O.Box 9277 Corpus Chnsti.Texas 78469 P 0 No Terms Project • Description Item Class Est Amt Prior Amt Curr% Total% Amount Police Officers Week-May 6-l6. Architect Special I s . 6.840 00 25(((1% 25 101% 1.710101 Lemonade Day May 7 April.May&June monthly programs Architect Programming 5.761i 00 25.(01% 25.(01% 1.440 00 April 4-2hrs 15-2hrs,May 24-2hrs& Architect Maintenance 3.601 INI 25))O% 25N1'vo 904)01 June 21-2hrs 22-4 hrs 23-5hrs& 24-Rhrs Total $4.05011„ Payments/Credits sl,110 Balance Due $4.050 00