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Home My WebLink AboutCAG2019-496 - Amendment - #3 - Viri Technology, LLC - Business Consulting for IT Projects - 02/22/2022LS/BR TD MC Daniel Blincoe IT 02/18/2022 03/04/2022 12/14/2021 Various IT O&M/Capital N/A Viri Technology, LLC Contract 2189896 Amendment Temporary IT Staff Amendment No. 3 to Consultant Services Agreement with temporary employment agencies. Authorized amendment budget amount listed below is shared between all temporary IT staff contracts. 3,779,043.8 Direct Negotiation 2/18/22 2/22/22 #3 AMENDMENT NO. 3 - 1 of 3 (Viri Technology, LLC) AMENDMENT NO. 3 NAME OF CONSULTANT: Viri Technology, LLC CONTRACT NAME & PROJECT NUMBER: Temporary Staffing & Recruitment, #CAG2019-496 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. 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, 2020 Revised Time for Completion under prior Amendments (insert date) December 31, 2021 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. 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 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 $3,749,226.40. AMENDMENT NO. 3 - 2 of 3 (Viri Technology, LLC) 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. Through Amendment No. 3, 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 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. AMENDMENT NO. 3 - 3 of 3 (Viri Technology, LLC) 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. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: Viri Technology, LLC By: Lou Hazim _____ (signature) Print Name: Lou Hazim Its SVP _____ (title) DATE: 2-8-22 CITY: City of Kent By: (signature) Print Name: Its (title) DATE: APPROVED AS TO FORM: Kent Law Department ATTEST: ___________________________ Kent City Clerk 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