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HomeMy WebLinkAboutCAG2019-274 - Original - Robert Half Technology - JDE BI Publisher Consultant Services - 04/15/2019 KEiVT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Robert Half Technology Vendor Number (]DE): 33248 Contract Number (City Clerk): &Vq(_1101 1 — 21y Category: Contract Agreement Sub-Category (if applicable): None Project Name: MEBI Publisher Consultant Svcs (convert from Optio) Contract Execution Date: 04/15/19 Termination Date: 06/07/19 Contract Manager: Somen Palit Department: IT Contract Amount: $47,800 Budgeted: 0 Grant? Part of NEW Budget: ❑ Local: ❑ State: ❑ Federal: ❑ Related to a New Position: ❑ Anything preventing public disclosure? ❑ Basis for Selection of Contractor? Other Approval Authority: ❑ Director 17 Mayor ❑ City Council Other Details: Robert Half' Technology April 17,2019 Personal & Confidential SOMEN PALIT CITY OF KENT Job Order Number: 00623-0010906655 220 4TH AVE S 4TH FLOOR KENT, WA 98032-5838 Dear Somen, f Thank you for selecting Robert Half Technology to meet your staffing needs. James Wilson is scheduled to start with City of Kent as an ERP Integration Manager on 04-15-2019.As agreed,we will invoice your firm at the rate of$149.00 per hour.If applicable,overtime will be billed at 1.00 times such rate. Please find the enclosed General Conditions of Assignment and Terms of Payment for your review. Our professional will submit either an electronic time record or a time sheet for verification and approval at the end of each week.Your approval thereby will indicate you have read and agree to the enclosed General Conditions of Assignment and Terms of Payment. With more than 100 locations in North America,Europe and Asia,Robert Half Technology is a leading provider of technology professionals on a consulting basis. We are a division of Robert Half International Inc.,the world's leader in specialized consulting and staffing services since 1948. Please do not hesitate to contact us if you have any questions or we can be of additional service. We look forward to working with you. Sincerely, Robert Half Technology 6300 South Syracuse Way Suite 645 Centennial,CO 80111-6720 (800)793-5533 0 Robert Half International Inc.,2016.All rights reserved. An Equal Opportunity Employer M/F/DN GENERAL CONDITIONS OF ASSIGNMENT Thank you for your confidence in Robert Half Technology.Our professional is assigned to you under the following General Conditions of Assignment and the enclosed Terms of Payment. Scope of Supervision of our professional's work is your responsibility. Our professional is only authorized to perform work Assignment within the scope of the assignment.You shall not permit our professional to perform services remotely(e.g.,on premises other than your or your customer's premises),or using computers or other electronic devices,software or network equipment owned or licensed by our professional. It is expressly understood that our professionals are not authorized to sign contracts,statements,or binding agreements on your behalf or on behalf of Robert Half Technology. Client's You shall not permit or require our professional to make any final decisions on your behalf with regard to system Responsibility design,software development,or acquisition of hardware or software,nor permit or require our professional to make any management decisions. It is understood that you are responsible for implementing and maintaining usual,customary and appropriate internal accounting procedures and controls,internal controls and other appropriate procedures and controls (including information technology,proprietary information,creative designs and trade secret safeguards)for your company and we shall not be responsible for any losses,liabilities or claims arising from the lack of such controls or procedures. Please notify us immediately if you require Robert Half Technology to perform background checks or other placement screenings of our professional. We will conduct such checks or screenings only if they are described in a signed,written amendment to these General Conditions of Assignment. Under no circumstances will you permit our professional to sign,endorse,wire,transport or otherwise convey cash, securities,checks,or any negotiable instruments or valuables. It is understood that you have full responsibility for providing safe working conditions,as required by law,including ensuring that safety plans exist for and safety related training is provided to our professional working on your premises. Under no circumstances will you permit our professional to have contact with minors or with adults with reduced mental capacity. If this assignment is for work to be performed under a government contract or subcontract,you will notify us immediately(1)of any obligations in the government contract or subcontract relating to wages,and(2)if we are legally required to initiate E-Verify verification procedures for our professional assigned to you. It is understood that we will not authorize our professional to operate machinery(other than office machines)or automotive equipment. It is agreed that you accept full responsibility for,and that we do not maintain insurance to cover any injury,damage,or loss that may result from your failure to comply with the foregoing. It is understood that you are responsible for reporting any claim to us in writing during or within ninety(90)days after the assignment. Under no circumstance will Robert Half Technology be responsible for any claim related to the assignment,including but not limited to work performed by our professional,unless you have reported such claim in writing to us within ninety(90)days after termination of the assignment. Confidentiality Our professional will agree to execute any confidentiality agreement you may require. You are responsible for obtaining our professional's signature. You agree to hold in confidence the social security number and other legally protected personal information of our professional and to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access,use,modification or disclosure. Limitation We make no express or implied warranty,including,but not limited to,any warranty of quality,performance, on merchantability or fitness for any purpose with respect to any services performed or any goods provided,including,but Liability not limited to,financial or accounting services performed,or software developed,for you.Under no circumstances are we liable for any special,incidental,exemplary,indirect damages,lost profits or consequential damages(including,but not limited to,lost business,revenue,goodwill,or anticipated savings),even if informed of the possibility.Our liability, if any,will(in the aggregate for all claims,causes of action or damages)be limited to any actual direct damages up to an amount equal to the fees actually paid by you to us for the services that are the subject of the claim,regardless of the basis on which you are entitled to claim damages from us(including,but not limited to,fundamental breach,negligence, misrepresentation,or other contract or tort claim). Insurance In addition to workers'compensation insurance,we also maintain commercial liability insurance. No Contrary These General Conditions of Assignment contain the complete and final agreement on the topics they address,and they Agreements supersede any prior agreements or understandings on these topics. Our professionals do not have authority either to verbally modify these General Conditions of Assignment or to assume additional responsibilities other than those set forth in these General Conditions of Assignment. Job Order: 00623-0010906655 Date: 04-15-2019 6300 South Syracuse Way,Suite 645,Centennial,CO 80111-6720 TERMS OF PAYMENT Thank you for your confidence in Robert Half Technology.Our professional for the assignment of an ERP Integration Manager is James Wilson.The assignment will start on 04-15-2019.As agreed or otherwise communicated,we will invoice your firm at the rate of$149.00 per hour.Should you wish to use our professional for other assignments,please let us know.The hourly billing rate may then change to reflect the experience necessary to complete the assignment.Call Robert Half Technology for any changes in the assignment.We request a minimum thirty(30)days notice prior to ending any assignment. Our professional is assigned to you under the following Terms of Payment: Guarantee Robert Half Technology guarantees your satisfaction with our professional's services by extending to you a 40 hours guarantee period. If,for any reason,you are dissatisfied with the professional assigned to you,Robert Half Technology will not charge for the first 40 hours worked,provided that Robert Half Technology replaces the individual assigned. Unless you contact us before the end of the first 40 hours guarantee period,you agree that our professional assigned is satisfactory.We make no other warranty,either express or implied. Time Sheet Our professional will submit either an electronic time record or a time sheet for verification and approval at the end of each week.Your approval thereby indicates your acknowledgement of the General Conditions of Assignment and these Terms of Payment.Our compensation to our assigned professional is on a weekly basis,and you will be billed weekly for the total hours worked,including time spent completing,revising,and/or resubmitting a time sheet or electronic time record during business hours,and we ask that you respect those guidelines.Because Robert Half Technology invoices reflect payroll we have already paid,our invoices are due upon receipt. Applicable sales and service taxes shall be added to these invoices. In the event that you fail to pay the invoice when due,you agree to pay all of our costs of collection,including reasonable attorneys'fees,whether or not legal action is initiated. Additionally,we may,at our option,charge interest on any overdue amounts at a rate of the lesser of 1 1/2%per month or the highest rate allowed by applicable law from the date the amount first became due. Overtime If applicable,overtime will be billed at 1.00 times the normal billing rate. Federal law defines overtime as hours in excess of 40 hours per week,state laws vary.If state law requires double time pay,the double time hours will be billed at 1.00 times the normal billing rate. Hiring the After you evaluate the performance and potential of our professional on the job,you may wish to employ this person Person Referred directly. Our professionals represent our inventory of skilled employees and in the event you wish them converted to to You your employ or another employer to whom you refer them,you agree to pay a conversion fee. The conversion fee is payable if you hire our professional assigned to you,regardless of the employment classification,on either a full-time, temporary(including temporary assignments through another agency)or consulting basis within twelve months after the last day of the assignment. You also agree to pay a conversion fee if our professional assigned to you is hired by(i)a subsidiary or other related company or business as a result of your referral of our professional to that company or(ii) one of your customers as a result of our professional providing services to that customer. The conversion fee will equal 35%of the professional's aggregate annual compensation,including bonuses. The conversion fee will be owed and invoiced upon your hiring of our professional,and payment is due upon receipt of this invoice. The same calculation will be used if you convert our professional on a part-time basis using the full-time equivalent salary. Employment Robert Half Technology will handle,to the extent applicable,any workers'compensation insurance,federal, state and Taxes and local withholding taxes and unemployment taxes, as well as social security,state disability insurance or other Withholdings payroll charges. General Robert Half Technology may increase our rates provided under the Terms of Payment to reflect increases in our own Conditions costs of doing business,including costs associated with higher wages for workers and/or related tax,benefit and other costs.We will provide written or verbal notice of the increase in our rates.Any increase in our rates will be prospective, starting as of the effective date Robert Half Technology specifies. Our professional is also assigned to you under the General Conditions of Assignment,a copy of which has been provided. We reserve the right to re-assign our professional. Job Order: 00623-0010906655 Date: 04-15-2019 6300 South Syracuse Way,Suite 645,Centennial,CO 80111-6720 i STATEMENT OF WORK FOR ROBERT HALF TECHNOLOGY&THE CREATIVE GROUP This Statement of work for Robert Half Technology&The Creative Group("SOW"),effective as of April 5,2019,is entered into by and between City of Kent("Client")and Robert Half International Inc.,through its divisions Robert Half Technology("RHT")and The Creative Group("TCG") (collectively,"RH"). 1. Scope of Engagement. RH will assign one or more individual(s)to Client to assist Client with its completion of the following: JDE BI Publisher(Convert from Optio and Additional Changes) 2. &ssned Individuals. RH will assign the following individual(s)(each an"Assigned Individual")to Client for this engagement: Name of Assigned Individual Hourly Bill Rate Estimated Start Date Estimated End Date James Wilson $149.00 4/15/2019 3. Contact Information. Client Representative Robert Half Technology&The Creative GroupRepresentative Name:Michael Carrington Name:Amy Phetkanya E-mail:mcarrington@kentwa.gov E-Mail:am phetkanya@roberthalf.com Phone:253-856-4607 Phone:720-479-9010 Fax:N/A Fax:303-694-3113 Address:220 4th Ave S,4th floor,Kent,WA 98032 Address:63oo S Syracuse Way,Suite 645 Englewood,CO 8oiii 4. Termination. Either party may terminate this SOW at any time upon[thirty]Do])days'prior written notice to the other party. 5. General_Conditions of Engagement. RH assigns the Assigned Individual(s)to Client pursuant to the General Conditions of Engagement attached hereto as Exhibit A and incorporated herein by reference. Agreed to: Agreed to: Citnofnt Robert Half International Inc. EE33'9A18c5Ay4Aqrized bert Half by: By r ` Mu"VA Authorized signature signature Name(type or print): a Name(type or print):Amy Phetkanya Date: - - Date: ©Robert Half International Inc.,2019. All rights reserved. Robert Half International Inc.is an Equal Opportunity Employer M/F/D/V Page 1 of 4 Exhibit A General Conditions of Engagement Required Screenings. If Client requires RH to perform background checks or other placement screenings of the Assigned Individuals, Client agrees to notify RH prior to the start of Services under this SOW. RH will conduct such checks or screenings only if they are described in a signed, written amendment to this SOW. If Client requests a copy of the results of any checks conducted on RH's Assigned Individuals,Client agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes. Client's Responsibility. Client shall supervise the Assigned Individuals. Client will not permit or require an Assigned Individual (i)to perform services outside of the scope of his or her assignment;(ii)to sign contracts or statements;(iii)to make any final decisions regarding system design,software development or the acquisition of hardware or software;(iv)to make any management decisions;(v)to sign, endorse,wire,transport or otherwise convey cash,securities,checks,or any negotiable instruments or valuables;(vi)to operate machinery(other than office machines)or automotive equipment or(vii)to perform services remotely(e.g.,on premises other than Client's or Client's customer's premises) (unless agreed to by RH pursuant to a signed waiver acceptable to RH), or to use computers or other electronic devices,software or network equipment owned or licensed by the Assigned Individual. Under no circumstances will you permit or require an Assigned Individual to have contact with minors or with adults with reduced mental capacity. Client agrees that it is responsible for implementing and maintaining usual, customary and appropriate internal procedures and controls (including accounting, information technology, proprietary information, creative designs and trade secret safeguards) for Client's company. Client agrees that it is fully responsible for, and that RH will not be responsible for, any injuries, claims, damages or losses that may result from Client's failure to comply with the foregoing. Client agrees that it will provide safe working conditions. If any assignment under this SOW is for work to be performed under a government contract or subcontract, Client will notify RH immediately of any obligations in the government contract or subcontract relating to wages. Client agrees that it is responsible for reporting any claim to RH in writing during or within ninety(go)days after the termination of the applicable assignment. RH will not be responsible for any claim related to the engagement,including, but not limited to, any Services performed during such engagement, unless Client has reported such claim in writing to RH within ninety(go)days after termination of the applicable assignment. Confidentiality. Assigned Individuals will execute any confidentiality agreement that Client may require. Client is responsible for obtaining the Assigned Individual's signature. Client agrees to hold in confidence the identity of any Assigned Individual and the Assigned Individual's resume,social security number and other legally protected personal information,and Client agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use,modification or disclosure. Limitation on Liability. Circumstances may arise where,because of a default on RH's part or other liability,Client is entitled to recover damages from RH. Regardless of the basis on which Client is entitled to claim damages from RH (including fundamental breach, negligence, misrepresentation or other contract or tort claim), RH's liability, if any, will, in the aggregate for all claims, causes of action or damages,be limited to any actual direct damages up to an amount equal to the fees actually paid to RH for the services that are the subject of the claim. Under no circumstances is RH liable for any special, incidental, exemplary, indirect, lost profits, or consequential damages(including,but not limited to,lost business,revenue,goodwill,or anticipated savings),even if informed of the possibility. ©Robert Half International Inc.,2019. All rights reserved. Robert Half International Inc.is an Equal Opportunity Employer M/F/D/V Page 2 of 4 Employment Taxes,Withholdings and Insurance. Each party will maintain workers'compensation insurance and commercial liability insurance. RH will be responsible,to the extent applicable, for any workers' compensation insurance, federal, state and local withholding and unemployment taxes, social security, state disability insurance or other payroll charges for the Assigned Individuals. RH reserves the right to re-assign any Assigned Individual. Guarantee. RH guarantees Client's satisfaction with the services of each Assigned Individual by extending to Client a guarantee period. RH guarantees the first(i)two days(16 hours)of the assignment for Assigned Individuals placed by The Creative Group,and(ii)five days (4o hours) of the assignment for Assigned Individuals placed by Robert Half Technology. If, for any reason, Client is dissatisfied with an Assigned Individual,RH will not charge for the hours worked during the applicable guarantee period,provided that Client allows RH to replace the Assigned Individual and Client contacts RH regarding its dissatisfaction before the end of the applicable guarantee period. Unless Client contacts RH before the end of the applicable guarantee period,Client agrees that the Assigned Individual is satisfactory. RH MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. Services Provided on a Time and Materials Basis. Notwithstanding any language to the contrary in this SOW with regard to fixed-price,deliverables or acceptance of deliverables, RH shall be compensated on an hourly basis only. RH is not providing deliverables under this SOW. If,for any reason,any Assigned Individual is unable to complete his or her assignment, RH will endeavor to provide a suitable replacement,subject to Client's approval. If RH is unable to identify a replacement acceptable to Client,this SOW will be deemed to have automatically ended with respect to such Assigned Individual,except that Client shall remain liable to RH for services provided by such Assigned Individual prior to his/her termination. Payment Terms. Each Assigned Individual will present a time sheet or an electronic time record to Client's or Client's representative for verification and approval at the end of each week. RH will bill Client weekly for the total hours worked. RH's invoices are due upon receipt, including applicable sales and service taxes all of which are payable by Client. In the event that Client fails to pay the invoices when due,Client agrees to pay all of RH's costs of collection,including reasonable attorneys'fees,whether or not legal action is initiated. Additionally, RH may,at its option,charge interest on any overdue amounts at a rate of the lesser of 1%%per month or the highest rate allowed by applicable law from the date the amount first became due. RH may increase its rates for the services provided under this SOW to reflect increases in RH's own costs of doing business,including costs associated with higher wages for workers and/or related tax,benefit and other costs. RH will provide written or verbal notice of any increase in its rates for the services,and such increase will be prospective,starting as of the effective date RH specifies. Overtime. If applicable, overtime will be billed at 1.50 times the normal billing rate. Federal law defines overtime as hours in excess of 40 hours per week,state laws vary.If state law requires double time pay,the double time hours will be billed at 2.00 times the normal billing rate. Expenses. Travel and/or out-of-pocket expenses incurred by an Assigned Individual shall be reimbursed by Client immediately upon Client's receipt of invoice. Hirin the Assigned Individual. After Client evaluates the performance and potential of an Assigned Individual on the job,Client may wish to employ this person directly. In such event,Client agrees to pay a conversion fee. The conversion fee is payable if Client hires the Assigned Individual, regardless of the employment classification,on either a full-time,temporary(including temporary assignments through another agency)or consulting basis within twelve months after the last day of the Assigned Individual's assignment. Client also agrees to pay a conversion fee if an Assigned Individual is hired by(i)a subsidiary or other related company or business as a result of Client's referral of the Assigned Individual to that company or(ii)one of Client's customers as a result of the Assigned Individual providing services to that customer. The conversion fee will be owed and invoiced upon Client's hiring of the Assigned Individual, and ©Robert Half International Inc.,2019. All rights reserved. Robert Half International Inc.is an Equal Opportunity Employer M/F/D/V Page 3 of 4 payment is due upon receipt of the invoice.The same calculation will be used if Client converts the Assigned Individual on a part- time basis using the full-time equivalent salary. The conversion fee will equal [thirty-five percent]05]%)of the Assigned individual's aggregate annual compensation,including bonuses. Miscellaneous. For a change to be valid,both parties must sign it. Additional or different terms in any written communication from Client(such as a purchase order)are void. Any terms of this SOW which by their nature extend beyond the termination of this SOW will remain in effect until fulfilled, including any payment obligations, and apply to each party's respective successors and assignees. This SOW is the complete agreement regarding the engagement(s)identified on the first page of this SOW,and replaces any prior oral or written communications between RH and Client regarding such engagement(s). ©Robert Half International Inc.,2019. All rights reserved. Robert Half International Inc.is an Equal Opportunity Employer M/F/D/V Page 4 of 4 2 ? $ / \ 6 6 \ (D 7 0 \ / § / kU) � � \ o . x m < c / \ \ 0 � / / p § m q ° ƒ ) C) # ® _ 0 (.0 G ƒ / .g "5 / LU m m w _ _ m o a)¥ E o ) � Z / ? k $ \ En 0 E Cy) k co / / \ O L .g 2 o t 2 & § O O O of2> ƒ / CY LM _ / � 7 \ (1 § / c k CL \ - u § / c $ .» 5 £ c { = g - / § � o ƒ ƒ E ' 3 5 5 a 2 2 / / � k L k\ ^ 7 E - \ ? R� � 0. N« # \( ? / C cq # / f f % 0 ) E o 2 » E �\ � � 2 \ / / ? > / a 7 = e a Q @ '5 § / 2 \ '\ -0� O § § / ¥ / o f/f& @) g §ZK \ / / kLn ^ 0/� / Co o a o ° /§ U /{ c 2 / f ) \ / ■ ° 2 E3: / e 2 0 @ £ o c = c C / y2 � \ / U) - « m REQUEST FOR MAYOR'S SIGNATURE KENT Purchase Order Only - Print on Yellow Paper VI. -- Please Fill in All Applicable Boxes ALL REQUESTS ARE ROUTED DIRECTLY TO THE MAYOR AND RETURNED TO THE ORIGINATING DEPARMENT DO NOT ROUTE TO CLERK'S OFFICE Approved by Dire 4d Originator: Somen Palit Phone (Originator): x4608 Date Sent: 04/10/19 Date Required: 04/12/19 Return Signed Document to: Lynnette Smith Contract Termination Date: 06/07/19 VENDOR NAME: Date Finance Notified: 411�'I� Robert Half Technology (Only required on contracts 10 000 and over or on any Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: N/A Specifically Authorized in Budget?AYES ® NO Account Number:T00017.64190.1800 Brief Explanation of Document: Please sign SOW/Statement of Work from Robert Half Technology 4- �D Project: JDE BI Publisher (convert from Optio) - Consultant Services Term: 04/15/19 - 06/07/19 Cost: $47,680 Budget: Approved in IT's 2019 Capital Budget Shaded Areas to Be Completed By Administration Staff Received: Recommendations and Comments: Disposition:/j�9� ?1��, /I 0 , Date Returned: PACwMFormskDocurnent ProcessingRequest forMayor's Signature Purchase Order.ocx