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Home My WebLink AboutContract 39472-A1CITY SECRETARY CONTRACT NO, - 39 q?;- ' l� AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 39472 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FORT WORTH AND HUDSON GLOBAL RESOURCES MANAGEMENT, INC. This Amendment Na. 1 {"Amendmenf") to City Secretary Contract No. 39472 Professional Services Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton, and Wise Counties, Texas acting by and through Karen L. Montgomery, its duly authorized Assistant City Manager, and Hudson Global Resources Management, Inc., ("Consultant"), a Delaware Corporation and acting by and through its duly authorized General Manager collectively referred to as the "parties." RECITALS The following provisions are true and correct and form the basis of this Amendment: WHEREAS, on or abou# November 9, 2009, the parties entered into a Professional Services Agreement ("Agreement") for professional consulting services for staff augmentation under the terms and conditions set forth in the Agreement. The Agreement is a public document on file in the City's Secretary Office and referenced as City Secretary Contract No. 39472, and WHEREAS, the parties wish to amend fhe Contract to increase the annual compensation for the deliverables and modify other terms and conditions as set forth in this Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which aI e hereby acknowledged, the City and Consultant agree as follows: 1. Section 3 COMPENSATION is hereby amended fo read as follows: The City shall pay Consultant per terms of individual executed work orders in accordance with Exhibit "B," "Professional Hourly Rates and Permanent Placement Cost," which is attached hereto and incorporated for all purposes incident to this Agreement. Each individual work order shall be listed as Appendix 13-1, Appendix 13-2, Appendix 13-3 and so forth, and each work order shall be attached and incorporated into the Agreement. Each work order shall set forth the name of the personnel to provide the services, the specific project to which the personnel will be assigned; the specific services to be provided by the personnel; the start and end date of the work to be performed; the hourly rate or salary of the personnel; and any other regulations as agreed to by the parties that may apply to the specific personnel CFriCi�.�. RECORD CITY SEGRETARY T. WORTH, TX 09-10-10 A10:49 IN The total aggregate amount of compensation to be paid under this Agreement, Inclusive of all work orders, shall not exceed $470,560.00 on an annual basis. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 2. Section 7 INDEPENDENT CONTRACTOR is hereby amended to read as follows: It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, personnel, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, personnel, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. It is further understood that the City shall in no way be considered a Co -employer or a Joint employer of Consultant or any officers, agents, servants, employees, personnel or subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees, personnel or subcontractors of Consultant shall be entitled to any employment benefits from the City. Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, personnel or subcontractors. 3 All other provisions of the Agreement that are not expressly amended herein shall remain in full force and effect. [Remainder of Page Intentionally Left Blankj crw i i�Uaso+, Amendment No. 1 to C:SC No. 39472 T'a�e 2 of 3 Executed on this the 13 day of Al, 2010. CITY OF FORT WORTH: HUDSON GLOBAL RESOURCES MANAGEMENT, INC.: Date: By: Karen L. Montgomery U Assistant City Manager City Secrets APPROVED AS TO FORM AND LEGALITY: By: d' Assistant ity Attorney Contract Authorization: Date Approved: C) C�1A W /Hudson Amendment No. 1 to C;SC No. 39472 Page 3 oi'3 Rick Anderson General Manager Date: `7 3 .)/) C) f 0 � �� FoR 04PA q *�o y � 0o0Q00000Do� ,Eye OFFlCIf�� RECORi� CITY �ECRETgRT FT. NORTH, TX I °� . �.M&C Review QfYciai site o� the City of tort Worth; Texas • " � � � CODE: G TYPE: NON -CONSENT PUBLIC NO HEARING: SUBJECT: Ratify Expenditures of $173,569.00 and Authorize an Increase of Additional Funds in the Amount of $708,898.00 for the Existing Professional Services Agreements for Technology Staffing and Placement Services with Digital Intelligence Systems Corporation, Hudson Global Resources Management, Inc., Matrix Resources, Inc., and Sentari Technologies, Inc., for the Information Technology Solutions Department • • �� • It is recommended that the City Council ratify expenditures of $173,569.00 and authorize an increase to the dollar cap for the existing Professional Services Agreements for Technology Staffing and Placement Services with Digital Intelligence Systems Corporation, Hudson Global Resources Management, Inc., Matrix Resources, Inc., and Sentari Technologies, Inc., in the amount of $708,898.00 for a total of $882,467.00 for the Information Technology Solutions Department DISCUSSION: On October 27, 2009, (M&C C-23876) the City Council authorized the execution of Professional Services Agreements for Technology Staffing and Placement Services with Digital Intelligence Systems Corporation, Hudson Highland Group, Inc., (now Hudson Global Resources Management, Inc.,) Matrix Resources, Inc., and Sentari Technologies, Inc., for an amount of $968,725.00. The first year of each of the agreements expires in early November 2010. The number of contract positions has risen from 26 in October 2009 to 44 currently and that number is projected to remain consistent through October 2010. To maintain current levels of service, and to avoid any service disruption, staff is now requesting an increase of $882,467.00 in expenditures for the remainder of the current annual agreements with the four named vendors. Staff is requesting ratification of recent paid invoices totaling $173,569.00 as well as outstanding invoices for $148,066.00. Due to unexpected delays in the administrative process while working towards seeking City Council approval for additional funds, invoices were paid in order to avoid service disruption on large complex projects. The total amount for projected services through October 2010 is $560,832.00. IT Solutions will return to City Council in October to request funding authorization to renew the staffing services contracts for the 2011 year. Remainder of the Initial Contract Year: Projected Expenditures I $560,832.00 Outstanding Invoices $148,066.00 Paid Invoices $173,569.00 TOTAL FOR ALL ($882,467.00 VENDORS http://apes.cfwnet.org/coundl�acket/mc_review.asp?ID=14087&counaldate=8/24/2010 (1 of 2) [8/31/2010 10:43:27 AM] M&C Review The purpose of these service agreements is to allow the City to have agreements in place for staff augmentation to assist in the development and implementation of technology projects and services in the City such as ERP, IT Outsourcing, email archival, laptop encryption, disaster recovery, radio towers, radio re -banding, FMS finance policy and Buyspeed Online projects. Hiring contract labor has provided staff augmentation to address significant attrition with costs partially offset by salary and benefit savings. M/WBE -Digital Intelligence Systems Corporation, Hudson Global Resources Management, Inc., Matrix Resources, Inc., and Sentari Technologies, Inc., a certified MNVBE firm, have all previously and continue to commit to comply with their 10 percent M/1NBE participation on all expenditures through the end of the contract period. The Information Technology (IT) Sourcing Initiative will have no impact on this project. ADMINISTRATIVE INCREASE — An administrative change order or increase may be made for each agreement by the City Manager for an amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budgets, as appropriated, of the General Fund and Information Systems Fund and in the current capital budgets, as appropriated, of Information Systems Capital Project Fund and the Information Systems 2004 Overrun Fund. TO Fund/Account/Centers Submitted for City Manager's OtFfice by: Originating Deeartment Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers PI68 539120 0041100 77 440.00 PI68 539120 0043010 197 268.00 PI68 539120 0043020 107 436.00 PI68 539120 0046010 242 523.00 PI68 539120 0046020 30 800.00 P251 539120 041030042950 76 000.00 P252 539120 049030028680 100 000.00 GG01 539120 0132010 51 000.00 Karen Montgomery (6222) Peter Anderson (8781) Mai Tran (8858) http://apps.cfwnet.org/coundl_packet/mc_review.asp?ID=14087&coundldate=8/24/2010 (2 of 2) [8/31/2010 10:43:27 AM)