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HomeMy WebLinkAbout1989-0722690L i AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DOUG ARNOLD, LTD FOR CONSULTING SERVICES RELATIVE TO THE CITY'S EACQUISITION XPENDITURE OFFFUNDS THEREFOR, ANDONS PROVIDING AN EFFECTIVET, AUTHORIZING TIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute an and areementtween the professionLtd s consulting iaervicese relating nton Dou they nold acquor isition fof telecommunication equipment, under the terms and conditions contained in agreement, a copy of which is attached hereto and made a part hereof SECTION II That the City Council hereby authorizes the expendl—tu—r—e--oT funds in the manner and amount as specified in the agreement SECTION III That this ordinance shall become effective imme ate y upon its passage and approval PASSED AND APPROVED this the I day of 1989 ATTEST j R , C APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ,4 , �4 f ...- 2692L THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF DENTON AND DOUG ARNOLD, LTD The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Doug Arnold, Ltd a limited partnership, hereinafter called Gonsultant, hereby mutually agree as follows 1 SERVICES TO BE PERFORMED City hereby retains Consultant to perform t e Yiereinafter designated services and Consultant agrees to perform the following services A Based on the system design approved by the City, Consultant will prepare bid specifications for the acquisition of telecommunications equipment that will best meet the City's needs for submission to qualified vendors These bid specifications are, by design, quite detailed and shall prevent vendors from pro- posing a less than adequate telecommunications sys- tem Upon approval by the City, these specifications will be presented to the Purchasing Department of the City for incorporation with their standard purchasing procedures B After the specifications have been sent out by the City, Consultant will provide the following services 1 Schedule and participate in site visits for vendors 2 Review proposals received from vendors tted, if 3 Request required, clarification order ito make meaningful icomparison and to insure bid compliance 4 Prepare technical comparison of equipment bid 5 Prepare analyses of vendor capabilities both regarding equipment installation as well as on -going maintenance This includes personal contact with vendors' references 6 Prepare computer based financial analyses of bids submitted using discounted cash flow and net present value comparisons These analyses shall include both lease/purchase, purchase options and projected future additions, equipment changes and maintenance costs usage end 7 Analyzent long will most distance effic eand ntlyhandle�the City's requirements at the lowest possible cost This long distance network, which could be imple- mented with the selected telephone system, will provide ensure the ongoing traffic in oing adequacy system order C Consultant shall prepare and submit the following reports 1 Submit preliminary report covering above items to the City Manager or his designee 2 Following approval of the City Manager or his designee, submit formal report to City Council with recommendations 3 Prepare and deliver executive presentation of the above report to City Council 4 Subsequent to City of Denton's selection of a vendor, Consultant will assist the data processing and purchasing departments in negotiating and finalizing a formal contract with the selected vendoinsure a smooth, free implementationctively protect the city and will rees ConsultantPEorAtleNsery c esPper o CONTRACTOR as follows to pay Upon issuance of the Notice to Proceed $ 500 00 Upon completion of the submission of the $3,500 00 request for proposals to vendors Upon completion of the submission of the con- sultant's written report with recommendations $4,500 00 Upon award of contract $2,000 00 Consultant agrees to invoice City at the completion of each PAGE 2 phase City shall pay consultant within 30 days of receipt of such invoice 3 SUPERVISION AND CONTROL BY CITY It is mutually under- stood an agree y an etween City and Consultant that Con- sultant is an independent consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purpose of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any oth econtrol of Consultant yand anemployee shall Consultansupervision and andit is expressly understood that Consultant shall perform the sevics of and ofrthee City rManager eunder aoftthe he dCity tofnDe ton orthis hsatisfaction designee under this agreement 4 INSURANCE Consultant shall provide at its own cost and expense, worlcei s compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business 5 INDEMNIFICATION Consultant shall and does hereby agree to indmn an o harmless the City of Denton from any and e all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Consultant, its officers, agents, employees, invites, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands ht to 6 CANCELLATIONCity t Consultant giving reservesthe t other party cancel t s �gentaany fourteen (14) days written notice of its intention to cancel this Agreement 7 TERM OF CONTRACT This Agreement shall commence on the 14th day of J-u—ne-T—Tgn Consultant shall complete the tasks throu h the submission and recommendation within 90 days after be June depend nt on8 timeTrequi required by the 4, e time toreaccity tonal reach naract decisionl and negotiate contract details with successful vendor It is estimated that this task may be completed in 90 days PAGE 3 EXECUTED this/-37'— day o f ATTEST 1989 CITY OF DENTON, TEXAS BY �� PLAY S �71�4,:IrENS OR "R TERS, CITY SE E' Y APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY DOUG ARNOLD, LTD , CONSULTANT BY MEL A HOKNE SENIOR CONSULTANT PAGE 4