1989-0722690L
NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
DOUG ARNOLD, LTD FOR CONSULTING SERVICES RELATIVE TO THE CITY'S
ACQUISITION F THEREFOR, AND PROVIDING EQUIPMENT, AN EFFECTIVE DATETHE
EXPENDITURE OF FUNDS
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is authorized to execute an
professions consulting iservicese relating ttou they acquisition for
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
expen ture o 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 day of 1989
9
RAY STVMJN~) R
ATTEST
j R , C
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY i n ~CSy/l1C t / n
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 Consultant,
hereby mutually agree as follows
1 SERVICES TO BE PERFORMED City hereby retains Consultant
to perform t e ere na er 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
3 rRequest
equired, cinr 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
protected future additions, equipment changes and
maintenance costs
carriers current ill most efficiently w distance usage and recommend
7 Analyze
the the
city's requirements at the lowest possible cost
This long distance network, which could be imple-
mented with the selected telephone system, will
the system
ensure the ongoing adequacy of traffic in
order provide
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
vendor
n
insure a smooth effectively free implementation and
will
me~ e -eunderi ay a follows to pay
ConsultantPEorAtleNserv c e8Pper o CONTRACTOR
500 00
Upon issuance of the Notice to Proceed $
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
$2,000 00
Upon award of contract
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 11 ,03 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
Consultansupervision
other
and
control of Consultant and any employee shall
and it
is expressly understood that Consultant shall perform the
re hereunder at of and to
or his 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 indemn an o harmless the City of Denton from any and
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
the t right to
giving reserves
6 CANCELLATION
at any Consultant
-s-lFreement City or
party
cancel t s ~g
fourteen (14) days written notice of its intention to cancel
this Agreement
7 TERM OF CONTRACT This Agreement shall commence on the
14th day o June, Consultant shall complete the tasks
throu h the submission and recommendation within 90 days after
June t wil be
depend nt on8 timeTrequi ed by the reachCity tonreach nardecisionl 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 iH
KAY--S N ,AYOR
CITY SE E Y
"R ~TERS,
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
DOUG ARNOLD, LTD , CONSULTANT
BY
MEL A HOKNE
SENIOR CONSULTANT
PAGE 4