HomeMy WebLinkAboutCAG2021-433 - Amendment - #1 - TEKSystems, Inc. - Temporary IT Staff - 12/29/2021BR
TD
MC
Lynnette Smith IT
12/23/2021 12/30/2021
12/14/2021
Various IT O&M/Capital
N/A
TekSystems, Inc.Contract
161633 Amendment
Temporary IT Staff
Amendment No. 1 to temporary employment agencies. Authorized
amendment budget amount listed below is shared between all temporary IT
staff contracts.
3,779,043.8 Direct Negotiation
OK to sign, 12/28/2021, TW.
12/27/21 12/29/21
DATE: December 14, 2021
TO: Kent City Council
SUBJECT: Amendments to Consultant Services Agreement for IT
Temporary Staff - Authorize
MOTION: Authorize the Mayor to sign contracts and contract amendments
with temporary employment agencies, subject to final contract terms and
conditions acceptable to the IT Director and City Attorney, and so long as
the costs associated with those contracts can be paid for through the
budget previously established and approved by Council for the current
biennium.
SUMMARY:The City’s Information Technology Department (“IT Department”)
contracts with a number of employment agencies to retain temporary workers, on
an as-needed basis, to support many of the City’s technological projects and service
needs. The City has current contracts with Protingent, Inc.; Viri Technology, LLC;
Robert Half International, Inc.; and TEKsystems, Inc., which the IT Department
intends to continue using through December 31, 2022. Additionally, the IT
Department intends to contract with Affirma, LLC for additional temporary staffing
services. The City will not be extending its contract with Scion Staffing, Inc. beyond
December 31, 2021, but may contract with additional employment staffing agencies
during 2022 and beyond.
The City’s IT Department seeks Council approval to both extend existing contracts
and to enter into new contracts in the future to support the City’s authorized
projects and service needs, so long as the costs associated with those contracts can
be paid for within previous budgets established and authorized by Council through
the current biennium.
In 2022, Council has authorized an additional $3,779,043.84 to the IT Department
in support of the City’s technological projects and service needs. IT will continue to
monitor fees charged in relation to that collective budgeted amount to ensure the
amounts paid to all employment agencies for temporary workers do not exceed the
budgeted amounts approved by Council.
BUDGET IMPACT:
Description Cost Impact
Original Agreement - 2019 and 2020 Capital and Operating Budget $2,499,226.49
Amendment No.1 - 2021 Capital and Operating Budget $1,250,000.00
Amendment No.2 - 2021 Capital and Operating Budget $1,224,500.00
Amendment No.3 - 2022 Capital and Operating Budget $3,779,043.84
2019-2022 Total for All Temporary Consultant Services $8,752,770.33
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. Amendments-Consultant SA-IT Temporary Staff (PDF)
11/16/21 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/14/2021
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud,
Thomas
AMENDMENT NO. 2 - 1 of 3
(TEKsystems, Inc.)
AMENDMENT NO. 1
NAME OF CONSULTANT: TEKsystems, Inc.
CONTRACT NAME & PROJECT NUMBER: Temporary Staffing & Recruitment, #CAG2021-433
ORIGINAL AGREEMENT DATE: September 29, 2021
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. Time of Completion. Section II of the Agreement, entitled “Time of Completion,”
authorized extensions of the Agreement for successive one (1) year terms 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, 2021
Revised Time for Completion under
prior Amendments
(insert date)
N/A
Add’l Days Required (±) for this Amendment 365 calendar days
Revised Time for Completion
(insert date)
December 31, 2022
2. 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 established an overall
budget of $4,973,726.49 for all temporary staffing and placement
of IT professionals provided by Consultant, and others retained
by the City to provide similar work, through the year 2021.
Through Amendment No. 1, the Kent City Council increased the
temporary IT staffing budget by an additional $3,779,043.84
through December 31, 2022, for an adjusted budget of
$8,752,770.33 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 - 2 of 3
(TEKsystems, 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. The signing of a weekly
timesheet by an authorized City representative shall constitute
acceptance of the hours claimed to have been performed.
B. The City shall provide payment to Consultant within thirty (30)
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.
AMENDMENT NO. 2 - 3 of 3
(TEKsystems, Inc.)
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.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:
TEKsystems, Inc.
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY:
City of Kent
By:
(signature)
Print Name:
Its
(title)
DATE:
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
___________________________
Kent City Clerk
Nick Bucher
Senior Contracts Specialist
12/23/2021