HomeMy WebLinkAboutOrdinance 4893 ORDINANCE N0. 4893
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING
PROCEDURES AND APPROVE A CONTRACT WITH
G` DAVIS BUSINESS PLANNING IN THE AMOUNT OF
f NOT TO EXCEED $60, 100.00; AND A BUDGET
ADJUSTMENT OF $45, 100.00.
WHEREAS, on June 9, 2006, Stephen Davis (Financial and Internal Services
Director) left employment with the city after 15 years of service; and
WHEREAS, Stephen Davis has unique and substantial knowledge about three
critical improvement projects underway for the City: District Court Software Upgrade;
Water and Sewer Rate Study; and Bond financing for completion of the Wastewater System
Improvement Project; and
WHEREAS, because of Stephen Davis' unique experience, knowledge and
involvement in these projects and the lack of other current city personnel with the expertise
and time to handle these projects, an exceptional situation exists in which competitive
bidding to obtain these services is not feasible or practical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section l : That the City Council of the City of Fayetteville, Arkansas hereby
determines that an exceptional situation exists where competitive bidding for the services
needed by the City as outlined above is deemed not feasible or practical. Therefore, the City
Council waives the requirements of competitive bidding and accepts the contract proposal
from Davis Business Planning in the amount of not to exceed $60, 100.00 as attached as
Exhibit A.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves a Budget Adjustment in the amount of $45, 100.00 attached as Exhibit B.
PASSED and APPROVED this 6's day of July, 2006. U\V;�\S Y 0 &
FAYETTEVILLE
APPROVED: ATTEST:
By. -4By:
DAN COODY, May SONDRA SMITH, City Clerk
Davis Business Planning , LLC
CONTRACT FOR SERVICES
Project Management and Technical Advisory Services
This Agreement made and entered into by and between City of Fayetteville, Arkansas, 113 W.
Mountain Street, Fayetteville, AR, 72701 and Davis Business Planning, LLC ("Davis Business
Planning"), #9 Township, Fayetteville, AR 72702; and
WHEREAS, City of Fayetteville at it's J4ki �, 2006 City Council meeting awarded a contract for
project management services and technical advisory services to Davis Business Planning and;
WHEREAS, Davis Business Planning and City of Fayetteville for the consideration hereinafter
named, agree and acknowledge that:
Davis Business Planning agrees to provide, in good faith, contract project management services
and technical advisory services for each project specified in strict conformity with all sections of
the individual task orders, and agrees the individual task orders shall form essential parts of this
Agreement as if fully contained herein.
The City of Fayetteville shall develop a Task Order detailing the services to be provided. Davis
Business Planning shall prepare a fee schedule and deliverable schedule subject to City of
Fayetteville approval.
Upon receipt of written City of Fayetteville approval, Davis Business Planning agrees to
commence each task order authorized under this Contract on a date to be specified in a written
Notice to Proceed notifying Davis Business Planning of the task order within ten (10) business
days after receipt of Notice to Proceed; provided however, the parties acknowledge and agree
City of Fayetteville
Contract for Services
Page I of 5
that Davis Business Planning will not be available until June 26, 2006.
City of Fayetteville agrees to pay Davis Business Planning , in current funds, for the performance
of this Contract in accordance with the fee schedule ("Fee Schedule") incorporated with each
task order. The City of Fayetteville and Davis Business Planning agree that Davis Business
Planning shall be compensated for out-of-scope services on a time and material basis in
accordance with the attached Fee Schedule.
City of Fayetteville shall designate a city representative for each task order and both the City of
Fayetteville and Davis Business Planning stipulate that all direction, management and
communication regarding such Task Order shall be through the designated City representative for
the aforesaid Task Order.
Davis Business Planning shall submit all written communications and invoices to the City of
Fayetteville's aforesaid designated City representative for each task order. City of Fayetteville
shall have 30 calendar days to pay such invoices on each Task Order. Davis Business Planning
agrees to provide documentation to the City representative as the documentation pertains directly
to the invoice submitted to aid the City of Fayetteville in evaluating the completeness and
accuracy of monies due pursuant to each submitted invoice.
Davis Business Planning shall submit a written progress report and an electronic version of such
report to the City's designated representative on a monthly basis.
Davis Business Planning assumes sole responsibility for completion of the work undertaken
pursuant to this Agreement. City of Fayetteville shall consider Stephen Davis, representing Davis
City of Fayetteville
Contract for Services
Page 2 of 5
Business Planning as the sole point of contact with regard to contractual matters.
Davis Business Planning shall indemnify and hold harmless City of Fayetteville, and its Officers,
Directors, Employees, Agents, and other Consultants of each and any of them from and against
claims, costs, damages, losses, and expenses, arising out of or resulting from performance of
each Task Order, but only to the extent caused in whole or in part by acts or omissions of Davis
Business Planning, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly
employed by them or anyone for whose acts they may be liable, regardless of whether or not such
claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder, except
that no party shall indemnify any other party or person for their own sole negligence. The liability
of Davis Business Planning to indemnify and hold harmless the City of Fayetteville shall be limited
to the fee income due Davis Business Planning as it pertains to the subject Task Order.
Davis Business Planning agrees to comply with the laws of the State of Arkansas.
Notwithstanding statutory exemptions or exclusions, Davis Business Planning agrees to subject
itself to the jurisdiction and process of the Courts of Washington County, State of Arkansas as to
all matters and disputes arising or to arise under this Agreement and the performance thereof,
including all issues relating to liability for taxes, licenses or fees levied by the State. Davis
Business Planning irrevocably consents that any legal action or proceeding against it under,
arising out of or in any manner relating to this Contract, shall be brought in any court of competent
jurisdiction in Washington County, Arkansas.
Davis Business Planning without the express written consent of City of Fayetteville hereunder
shall make no assignment or transfer of this Agreement or any right accruing in whole or in part.
City of Fayetteville
Contract for Services
Page 3 of 5
Freedom of Information Act: City of Fayetteville contracts and documents prepared while
performing city contractual work are subject to the Arkansas Freedom of Information Act. If a
Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do
everything possible to provide the documents in a prompt and timely manner as prescribed in
the Arkansas Freedom of Information Act (A. C.A. 25-19-101 et. Seq. ). Only legally authorized
photo coping costs .pursuant to the FOIA may be assessed for this compliance.
Changes in scope: Changes, modifications, or amendments in scope that result in changes
to the Fee Schedule on the subject Task Order shall not be allowed without a prior formal
contract amendment approved by the City of Fayetteville in advance of the services provided
based on the change in scope.
A waiver by either party of any breach of the provisions hereof shall not be deemed a waiver of
any succeeding breach of such provision or any other provision of this Agreement. Should any
term, provision or other part of this Agreement be declared illegal or unenforceable, it shall be
excised or modified to conform to the appropriate laws or regulations, and the remainder of the
Agreement shall not be affected but shall remain in full force and effect.
No modification or amendment of the terms hereof shall be effective unless written and signed by
the authorized representatives of all parties hereto.
This Agreement constitutes the final and complete agreement and understanding between the
parties regarding the subject matter hereof. All prior and contemporaneous Agreements and
understandings, whether oral or written, are to be without effect in the construction of any
provisions or term of this Agreement if they alter, vary or contradict this Agreement.
City of Fayetteville
Contract for Services
Page 4 of 5
Davis Business Planning and City of Fayetteville, their successors, executors, administrators and
assigns hereby agree to the full performance of the covenants herein contained.
WITNESS OUR HANDS THIS DAY OF 2006.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
BY
— L
DAN COODY ayor
ATTEST-
BY
SO DRA SMITH, City Clerk
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Cons Itant Firm's Authorized Signature
; FAYETTEVILLE ;
BY Stephen L. Davis, 0
PRINTED NAME AND TITLE ,y .9Q sP�00
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ATTEST:
City of Fayetteville
Contract for Services
Page 5 of 5
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Task Order
STATEMENT OF WORK (SOW) FOR SERVICES
District Court Software Improvements
Fayetteville Project Number 05003 =1
with
Davis Business Planning , LLC
for
Project Management Services
27 June 2006
30 May 2006
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Introduction
The purpose of this Statement of Work (SOW) is to detail the tasks and responsibilities of
Davis Business Planning, LLC (hereinafter, Davis Business Planning) in relation to the
contract with the City of Fayetteville, Arkansas (hereinafter, Fayetteville) for contract
project management services in-conjunction with the District Court Software Upgrade
Project.
t
1
1 . 1 Background
Fayetteville seeks to upgrade the comprehensive case management system from a
software system operating on a PICK platform to a software system operating on a Sequel
server platform . Resources do not exist within Fayetteville to perform these dedicated
project management oversight services. Davis Business Planning will provide Project
Management oversight duties to assure the Fayetteville District Court that the software
project is completed on the schedule and with the deliverables as agreed to between
Fayetteville and MSICG .
2. Scope
This SOW shall apply to the term stated in the Davis Business Planning contract.
• This task order provides for project management oversight services for the District
Court Software Upgrade project. These services will generally consist of providing
project management oversight for the implementation of a new comprehensive case
management system for Fayetteville District Court.
This Task Order shall be deemed to be complete ( 1 ) when Fayetteville's
comprehensive case management software provider (MSICG, Inc.) certifies the
software is installed and operational, the software passes Fayetteville's acceptance
testing which will identify and log software bugs, and all identified bugs are
satisfactorily resolved to the satisfaction of Fayetteville, which includes regression
testing to ensure bug fixes operate as designed and represented by MCISG , Inc. ; (2)
the District Court staff is adequately trained in the configuration and use of the new
software and all required data has been converted from the current PICK case
management system to the new MSICG system , or (3) October 13, 2006, which ever
occurs first.
• Fayetteville and Davis Business Planning agree the scope of services Fayetteville
contracted with MSICG , Inc. shall serve as the basis for development of the base-line
scope of services that Davis Business Planning is to provide Fayetteville. Fayetteville
District Court management agrees to identify a dedicated Project Team (Fayetteville
Project Team) for the duration of this project. This project team , at minimum, shall
consist of Fayetteville stake-holder/user division representation . The Fayetteville
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Project Team shall assist Davis Business Planning with completion of resource
analysis, testing resources, training resources, documentation resources, etc.
• Fayetteville and Davis Business Planning shall jointly develop a comprehensive
project schedule that identifies the critical path for this project to be completed prior to
October 13 , 2006.
• Davis Business Planning shall assist District Court management with the:
1 . Development of the data scrubbing parameters for the existing court data (this is
where Fayetteville's and vendor's tech support resources will come in handy) ;
2 . Data migration/data conversion schedule;
3. Staff training schedules and monitoring ;
4. Evaluation of business processes utilizing the comprehensive case management
system. Develop a report that details the change in business practice required by
utilizing the new comprehensive case management system .
5. Delivery and set-up scheduling for computer equipment (hardware) necessary to
utilize the new comprehensive case management system;
6. Development of an implementation schedule for the new software;
7. Development of a training evaluation system that provides confirmation to District
Court management of the training proficiencies of District Court staff and develop
recommendations as needed to provide assurance of proficiencies with the new
software.
8. Develop post-implementation support plan to include back-up and recovery of
sensitive court data, redundant hardware, UPS power systems, etc.
3 . Tasks
3. 1 General Requirements
• Davis Business Planning shall submit a cost proposal with an associated project
management plan addressing the tasks specified in the SOW.
• All written deliverables must be phrased in terms and language that can be easily
understood by non-technical personnel (e.g. , laypersons without subject matter
expertise.)
• All document deliverables must be in formats (hard copy and electronic) as specified
by the customer/client - at a minimum , the formats must be in industry accepted
standards (e.g . , MS Word , MS PowerPoint, MS Excel . )
• District Court management will complete a review of each submitted deliverable within
specified ten ( 10) working days for the date of receipt.
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• Davis Business Planning shall facilitate a kickoff meeting will be held at a location and
time selected by Fayetteville where MSICG, Inc. and its staff will be introduced to the
Fayetteville District Court and the Fayetteville Project Team .
3.2 Mandatory Tasks and Associate Deliverables
3.2. 1 Development of the data scrubbing parameters report documenting the
procedures to be followed for data scrubbing prior to data migration ;
3.2 .2 Development of Staff training calendar;
3.2.3 Development of a review of the existing business process and proposed
improvements based on the new comprehensive case management system ;
3.2.4 Development of an implementation calendar for the new comprehensive
case management system ;
3.2 . 5 Address internal controls, since this is basically a revenue generation
system .
4.0 Reports and Meetings
• Davis Business Planning is required to provide the District Court Software Upgrade
Project Manager with bi-weekly written progress reports (one copy) of the
implementation phase of this project. Davis Business Planning shall develop a
proposed report format for Fayetteville District Court approval .
• The progress reports shall cover all work performed and completed during the two
weeks for which the progress report is provided and shall present the work to be
performed during the subsequent two weeks.
• The progress report shall identify any problems encountered or still outstanding with
an explanation of the cause and resolution of the problem or how the problem will be
resolved .
• Fayetteville District Court assisted by Davis Business Planning will be responsible for
conducting weekly status meetings with the District Court Software Upgrade Project
Manager and the Fayetteville Project Team stakeholder. The meetings will be held on
Tuesday of each week - at a time and place so designated by the District Court
Software Upgrade Project Manager - unless revised by the District Court Software
Upgrade Project Manager. The meetings can be in person or over the phone.
i
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5. Period of Performance
• Davis Business and Fayetteville agree the period of performance for this task is from
July 7 , 2006 to no-later-than October 13, 2006. Extensions of this time can be
negotiated if the need arises.
6. Fees and Payments
Fayetteville agrees to compensate Davis Business Planning, on a lump-sum basis
$ 15,000 for the project management services as enumerated in this SOW. Davis
Business Planning shall invoice Fayetteville on a bi-monthly basis for payment on this
statement of work. Fayetteville agrees to pay the invoices within thirty (30) calendar days
from the date of invoice.
7 . Davis Business Planning Personnel Requirements
Davis Business Planning must have specialized experience and knowledge
commensurate with Fayetteville's specified task.
8 . Travel
• Travel shall be authorized by Fayetteville in advance. Pre-approved travel by Davis
Business Planning shall be reimbursed based on the Rand-McNally mileage distances
utilizing the IRS mileage reimbursement rate. Meal expenditures shall be reimbursed
based on the per diem rate published by the IRS for the location traveled to.
ACCEPTANCE: SUBMITTED:
CITY OF FAYE EVILLE, DAVIS BUSINESS PLANNING, LLC:
FAYETTEVIL , ARKA S
BY BY
DAN COODY, Mayor S H N DAVIS, •PRS QM 6f2
ATTEST: ATTEST:
BYE` BY
S NDRA Smith CITY C!„
`��.•�% RyVTRe9s''�.
DATE: a°•'6� YOF .GOPA� DATE:
.U • • � �
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