HomeMy WebLinkAboutCAG2019-389 - Amendment - #1 - Robert Half International - Business Consulting for IT Projects - 01/01/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:
Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 200821
FOR CITY OF KENT OFFICIAL USE ONLY
Total contract amount is the authorized amount for all consultants during 2021.
OK to sign, 12/14/2021, TW.
IT DEPARTMENT
Mike Carrington, Director
Phone: 253-856-4607
Fax: 253-856-4700
220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: December 1, 2020
TO: Committee of the Whole
FROM: Mike Carrington, IT Director
SUBJECT: Amendments to Consultant Services Agreements - Authorize
SUMMARY:
Scion Staffing Inc., Viri Technology LLC, Protingent Inc., and Robert Half International, Inc. are
staffing and recruitment agencies that specializes in placing information technology
professionals in project and contract-to-hire positions. The City’s Information Technology
department will leverage contractor work through these consultant agencies.
On November 19, 2019, Council approved original contracts with Scion Staffing Inc., Viri
Technology LLC, and Protingent Inc., as well as a contract with Robert Half International, Inc. on
August 06, 2019 in a total contract amount of $2,499,226.49 for services to be provided
through December 31, 2020, for temporary information technology professional services. This
contract approval authorized temporary service contracts with a variety of consultants within
that same budgetary amount. Each contract authorized extensions for successive one-year
terms through the execution of future contract amendments. Information Technology desires to
amend each of these contracts to extend services through December 31, 2021.
If the amendments are approved, the City will pay the Consultants, based on time and
materials, for services provided through December 31, 2021, in a total collective amount of
$1,250,000.00 for all Consultants. IT will monitor fees charged in relation to this collective
budgeted amount to ensure the amounts paid under all temporary consultant contracts do
not exceed $1,250,000.00, which is the amount Council approved as part of the 2021 budget
for IT capital projects.
EXHIBITS:
A. Amendment No. 1 with Scion Staffing Inc.
B. Amendment No. 1 with Viri Technology LLC
C. Amendment No. 1 with Protingent Inc.
D. Amendment No. 1 with Robert Half International, Inc.
BUDGET IMPACT:
Description Cost Impact
2021 Capital Budget $1,250,000.00
Sub-Total $1,250,000.00
Total for All Temporary Consultant Services $1,250,000.00
MOTION: Authorize the Mayor to sign Amendments to Consultant Services Agreements
with Scion Staffing Inc., Viri Technology LLC, Protingent Inc., and Robert Half
International, Inc., in an amount that will not exceed the established budget for all IT
temporary service contracts through December 31, 2021 of $1,250,000.00, subject to
final terms and conditions acceptable to the IT Director and City Attorney.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation.
☐ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
☐ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation.
☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships.
☐ Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement.
DATE: December 8, 2020
TO: Kent City Council
SUBJECT: Amendments to Consultant Services Staffing Agreements -
Authorize
MOTION: Authorize the Mayor to sign Amendments to Consultant Services
Staffing Agreements with Scion Staffing Inc., Viri Technology LLC,
Protingent Inc., and Robert Half International, Inc., in an amount that will
not exceed the established budget for all IT temporary service contracts
through December 31, 2021 of $1,250,000.00, subject to final terms and
conditions acceptable to the Information Technology Director and City
Attorney.
SUMMARY: Scion Staffing Inc., Viri Technology LLC, Protingent Inc., and Robert
Half International, Inc. are staffing and recruitment agencies that specializes in
placing information technology professionals in project and contract-to-hire
positions. The City’s Information Technology department will leverage contractor
work through these consultant agencies.
On November 19, 2019, Council approved original contracts with Scion Staffing
Inc., Viri Technology LLC, and Protingent Inc., as well as a contract with Robert Half
International, Inc. on August 06, 2019 in a total contract amount of $2,499,226.49
for services to be provided through December 31, 2020, for temporary information
technology professional services. This contract approval authorized temporary
service contracts with a variety of consultants within that same budgetary amount.
Each contract authorized extensions for successive one-year terms through the
execution of future contract amendments. Information Technology desires to
amend each of these contracts to extend services through December 31, 2021.
If the amendments are approved, the City will pay the Consultants, based on time
and materials, for services provided through December 31, 2021, in a total
collective amount of $1,250,000.00 for all Consultants. IT will monitor fees charged
in relation to this collective budgeted amount to ensure the amounts paid under all
temporary consultant contracts do not exceed $1,250,000.00, which is the amount
Council approved as part of the 2021 budget for IT capital projects.
BUDGET IMPACT:
Description Cost Impact
2021 Capital Budget $1,250,000.00
8.I
Packet Pg. 239
Sub-Total $1,250,000.00
Total for All Temporary Consultant Services $1,250,000.00
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1.Exhibit A - Amendment No. 1 with Scion Staffing, Inc (PDF)
2.Exhibit B - Amendment No. 1 with Viri Technology, LLC (PDF)
3.Exhibit C - Amendment No. 1 with Protingent, Inc. (PDF)
4.Exhibit D - Amendment No. 1 with Robert Half International, Inc (PDF)
12/01/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 12/8/2020 7:00 PM
8.I
Packet Pg. 240
•
KENT
W..Hin Rion
AMENDMENT NO. 1
NAME OF CONSULTANT:
CONTRACT NAME & PROJECT NUMBER; TemporaryStaffing & Recruitment. #CAG2019-389
ORIGINAL AGREEMENT DATE; August 14. 2019
This Amendment is made between the City and the above -referenced Consultant and
amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, the Agreement is
modified as follows:
1. Introduction. The language "The Creative Group" is deleted from the first sentence
of the first paragraph of the Agreement and replaced with "OfficeTeam".
2. Time of Completion. Section II of the Agreement, entitled "Time of Completion,"
authorized extensions of the Agreement for successive one (1) years through an amendment
authorized by the parties. Consistent with that provision, the parties desire to amend the
Agreement's term as provided below;
Original Time for Completion
(insert date)
December 31, 2020
Revised Time for Completion under
N/A
prior Amendments
(insert date)
Revised Time for Completion
December 31, 2021
(insert date)
3. Compensation. Section III of the Agreement, entitled "Compensation," is amended
to replace it with the following:
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials,
for services provided under this Agreement during its Initial Term
and each Renewal Term exercised by the City and agreed upon
by the Consultant. The Kent City Council has established an
overall budget of $1,250,000.00 for all temporary staffing and
placement of IT professionals provided by Consultant, and others
retained by the City to provide similar work, through December
31, 2021, and City staff is not authorized to approve any work
beyond that budgeted amount. The City will monitor fees charged
in relation to that collective budgeted amount, and if services
provided by Consultant and others will cause the City to exceed
that budgeted amount, the City will either seek additional
approval through a contract amendment authorized by the Mayor
AMENDMENT - 1 OF 5
or Council as the Kent City Code may require, or terminate
Consultant's services as provided for in this Agreement.
Consultant acknowledges and understands that it is not the City's
exclusive provider of these services, but is instead one of several
Consultants who have been retained to provide temporary
staffing and placement services. The City maintains its
unqualified right to obtain these services through other sources.
This Agreement is for on -call and as -needed services, the need
for which is determined in the City's sole judgment and discretion.
Consultant shall have no obligation to continue performance once
the "not to exceed" amount limitation has been attained. The
City shall be responsible for all charges for services in the event
the City fails to notify Consultant of termination of the assignment
or fails to increase of the "not to exceed" amount.
The Consultant's billing rate will be negotiated at the time an
Assigned Individual is assigned to perform services for the City.
The temporary worker Consultant assigns to perform work under
this Agreement ("Assigned Individual-) will submit either an
electronic time record or a time sheet for City's verification and
approval at the end of each week. Based upon that approved time
record or time sheet, the Consultant will submit weekly payment
invoices to the City for payment, which will reflect the previously
agreed and negotiated billing rate.
B. The City shall provide payment to Consultant within forty-five
(45) days of its receipt of proper invoice from Consultant. If the
City objects to all or any portion of an invoice due to billing or
invoicing errors, it shall notify the Consultant and nerves the
option to only pay that portion of the invoice not in dispute until
any such dispute is settled by the parties. In that event, the
parties will immediately make every effort to settle the disputed
portion.
4. Work Performed at Consultant's Risk and ]qb Limitations. Section XV of the
Agreement, entitled "Work Performed at Consultant's Risk and Job Limitations," is revised by
replacing it with the following:
The City agrees that for any of Consultant's Assigned Individuals working on -
site at City premises, the City will: (i) provide safe working conditions as
required by law, including compliance with all public health and occupational
safety regulations and guidelines applicable to the City's business, and (ii)
prepare any safety plans required by law and provide any related safety
training.
The City agrees that it will not permit or require Consultant's 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 use computers, or other electronic
AMENDMENT - 2 DE 5
devices, software or network equipment owned or Ilcensed by the Assigned
Individual; or (vii) to operate machinery (other than office machines) or
automotive equipment.
The City may request that Consultant permit its Assigned Individuals to provide
services to the City remotely (i.e., from a location other than the City's offices)
using the City's laptop and/or other computer or telecommunications
equipment (the "Equipment"). The City acknowledges and agrees that
Consultant shall have no control over (1) the logical or physical performance,
reliability or security of the Equipment or related devices, network accessibility
and availability, software and e-mail accounts (collectively, "Computer
Systems") used by the Assigned Individual, or (ii) the security or integrity of,
nor be responsible for backing up, the data and other information stored
therein or transmitted thereby. The City shall not permit Assigned Individual
to (i) use Consultant equipment while on the premises of the City or the City's
customer, or (ii) save or store any of the City's files or other City data on
Consultant's Equipment nor on any software, services or tools provided by
Consultant (including, but not limited to, any virtual desktop infrastructure or
Microsoft Office 365 solution). The City agrees that Consultant shall not be
liable for any loss, damage, expense, harm, business interruption or
inconvenience resulting from the use of such Computer Systems, except where
such loss, damage, expense, harm, business interruption or inconvenience is
caused by the willful misconduct of the Assigned Individual.
Consultant will advise its Assigned Individuals that any Equipment or Computer
Systems provided by the City to Consultant's Assigned Individual will be
returned to the City in the same condition in which they were received by the
Assigned Individual, normal wear and tear excepted. The parties hereby
acknowledge and agree that (i) the City will manage and track assets provided
to the Assigned Individual, (5) Consultant will assist in the City's attempts to
recover such equipment from Assigned Individual at the expiration or
termination of such Assigned Individual's project with the City, and (iii) if the
City is unable to recover such equipment from Assigned Individual despite the
Co's best efforts, then the City shall be permitted to deduct the cost of such
equipment from the final invoice for the work completed by such Assigned
Individual and Consultant would be responsible for collecting such deduction
directly from the Assigned Individual.
S. Entities Included Within Scope of Agreement. Section XVI of the Agreement is
amended to revise subsection L. as follows:
XVI. MISCELLANEOUS PROVISIONS.
L. Scope of Agreement. This Agreement is only applicable to,
and the only Robert Half International Inc. divisions and branch
obligated under this Agreement is the Office Team, Robert Half
Technology, The GFeative GFaUp, and Enterprise Technology Services
divisions of the Seattle, WA branch.
6. Conversion. -Fee for HiringAssignedIndividual. Section XVI.M. of the Agreement
is amended as follows:
AMENDMENT - 3 OF 5
M. Additional Terms. If City requires Consultant to perform
background checks or other placement screenings of Consultant's
Assigned Individuals, City agrees to notify Consultant prior to the start
of services under this Agreement. Consultant will conduct such checks
or screenings only if they are described in a signed, written amendment
to this Agreement. If City requests a copy of the results of any checks
conducted on Consultant's Assigned Individuals, City agrees to keep
such results strictly confidential and to use such results in accordance
with applicable laws and solely for employment purposes. City agrees to
hold in confidence the identity of any Consultant Assigned Individual and
the Assigned Individual's resume, social security number, and other
legally protected personal information, and City agrees to implement
and maintain reasonable security procedures and practices to protect
such information from unauthorized access, use, modification or
disclosure, unless disclosure is required by law.
In the event City wishes to convert any of Consultant's Assigned
Individuals, City agrees to pay a conversion fee in accordance with this
Section. The conversion fee will be based on the schedule below using
a percentage of the Assigned Individual's aggregate annual
compensation, including bonuses. The conversion fee is payable if City
hires the Assigned Individual, regardless of the job classification, on
either a full-time, temporary (including temporary assignments through
another agency) or consulting basis within 12 months after the last day
of the assignment. The same calculation will be used if City converts
Consultant's Assigned Individual on a part-time basis using the full-time
equivalent salary; however, the conversion fee will not be less than
$1,000.
The following schedule applies to the conversion fee the City will pay for
any conversion of any Assigned Individual who fulfills a software or
application role for Contractor, which include the roles of Project
Manager; Business Analyst; Database Administrator; Web, Application,
and Database Developers; Network Engineers and Architects; and
Development and Operations s. The conversion fee Is a percentage of
the Assigned Individual's annual salary that is based upon the total
number of hours the Assigned Individual worked for the City over the
term of this Agreement:
173+ working hours -25% of annual salary
346+ working hours - 22% of annual salary
519+ working hours - 19% of annual salary
692+ working hours - 16% of annual salary
865+ working hours - 13% of annual salary
1,038+ working hours - 10% of annual salary
1,211+ working hours - 7% of the annual salary
The following schedule applies to the conversion fee the City will pay for
any conversion of any Assigned Individual placed through OfFceTeam,
and of any Assigned Individual who fulfills an infrastructure or
operations role for Contractor, which includes the roles of Help Desk
Support, Desktop Support, Systems Administrator, and PC Technician.
AMENDMENT - 4 OF 5
12/17/2020