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HomeMy WebLinkAboutCAG2019-495 - Amendment - #2 - Protingent, Inc. - Business Consulting for IT Projects - 09/29/2021ApprovalOriginator: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* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) 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 (Optional) * Memo to Mayor must be attached Amendment No 2 to the 2019 Consultant Services Agreement increases the temporary IT Staffing budget. Authorized amendment budget amount listed below is shared between all temporary IT staff contracts. $1,224,500.00 9/29/21 DATE: September 7, 2021 TO: Kent City Council SUBJECT: Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize MOTION: I move to authorize the Mayor to sign contract amendments with Protingent Inc., Robert Half International, Inc., and Viri Technology LLC to increase the available contract funding for all IT temporary service contracts by an additional $1,224,500.00 through December 31, 2021, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. SUMMARY: Protingent Inc., Scion Staffing Inc., and Viri Technology LLC are staffing and recruitment agencies that specialize in placing information technology professionals in project and contract-to-hire positions (hereafter, “Consultants”). The City’s Information Technology department will leverage contractor work through these Consultants. During the original term of the Agreement from August 14, 2019, through December 31, 2020, the Kent City Council established an overall budget of $2,499,226.49 for all temporary staffing and placement of IT professionals provided by these Consultants. This contract authorized temporary services with a variety of consultants within this same budgetary amount. Each contract also authorized extensions for successive one-year terms through the execution of future contract amendments, subject to budgetary funding allocated by Council. Through Amendment No. 1, the temporary IT staffing budget was increased by an additional $1,250,000.00 through December 31, 2021, for an overall adjusted budget of $3,749,226.49. Through this Amendment No. 2, the City targets an increase to the temporary IT staffing budget by an additional $1,224,500.00 through December 31, 2021, for an adjusted 2021 budget $2,474,500.00, and an overall budget for 2019 - 2021 of $4,973,726.49. IT will continue to monitor fees charged in relation to that collective budgeted amount to ensure the amounts paid under all temporary consultant contracts do not exceed the adjusted budget. If authorized, funding for these contract amendments will be paid from the IT Department’s existing capital and operating budget. 8.K Packet Pg. 207 BUDGET IMPACT: Description Cost Impact Amendments No.1 – 2021 Capital and Operating Budget $1,250,000.00 Amendments No.2 – 2021 Capital and Operating Budget $1,224,500.00 2021 Total for All Temporary Consultant Services $2,474,500.00 SUPPORTS STRATEGIC PLAN GOAL: 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. ATTACHMENTS: 1.2021_Amendments No 2 to CSAs (PDF) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.K Packet Pg. 208 AMENDMENT NO. 2 NAME OF CONSULTANT: Protingent, Inc. CONTRACT NAME & PROJECT NUMBER: Temporary Staffing & Recruitment. #CAG2019-495 ORIGINAL AGREEMENT DATE: December 18, 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 specific tradenames referred to in the first paragraph of the Agreement are deleted. Instead, introduction is replaced with the following: THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Protingent, Inc., a Washington corporation, located and doing business at 11235 SE 6th Street, Suite 220, Bellevue, WA 98004 (hereinafter the "Consultant"). 2. Compensation. Section III of the Agreement, entitled "Compensation," is amended to replace it with the following: 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. During the original term of the Agreement from August 14, 2019 through December 31, 2020 the Kent City Council hasestablishedan overall budget of $2,499.226.49 $ 259,^^0.00for a// temporary staffing and placement of IT professionals provided by Consultant, and others retained by the City to provide similar work. Through Amendment No 1 the temporary IT staffing budget was increased by an additional $1,250,000.00 through December 31, 2021, for an adjusted budget of $3,749,226.49 Through Amendment No 2. the Kent City Council increased the temporary IT staffing budget by an additional $1 224 500 00 through December 31 2021 for an adjusted budget of $4.973.726.49, 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 AMENDMENT NO. 2 - 1 of 3 (Protingent, Inc.) 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 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 reserves 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. 3. Miscellaneous. A. The Consultant accepts all requirements of this Amendment by signing below, and by its signature waives any protest or claim it may have regarding the Agreement or this Amendment. This Amendment, unless otherwise provided, does not relieve the Consultant from strict compliance with the guarantee and warranty provisions of the original Agreement. B. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. C. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT NO. 2 - 2 of 3 (Proongent Inc.) Dana Ralph Maoyr 09/29/2021