Loading...
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