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HomeMy WebLinkAboutContract 54782-A1 CSC No.54782-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 54782 This First Amendment to Fort Worth City Secretary Contract No. 54782 ("First Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Luna Data Solutions, Inc., a Texas corporation. ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 54782 beginning November 2, 2020 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to amend the terms of the Agreement, NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. The Agreement is hereby amended by replacing the compensation language found on page 1 of the Agreement in its entirety with the following: This is a non-exclusive Agreement as stated by City M&C No. 21-0084. Services will be provided by Vendor based on the City's staffing needs and the availability of qualified Vendor resources. No specific contract amount in guaranteed. The maximum amount to be paid to the Vendor for all services performed hereunder shall not exceed$2,100,000.00. Invoices will be paid by the City based solely on the hourly rates as set forth in Schedule "C", ITSAC Not to Exceed Rates. All compensation is inclusive all work orders and expenses. The City shall pay Vendor per terms of individual executed work orders in accordance with the provisions of this Agreement and Schedule "C," which is attached hereto and incorporated for all purposes herein. Each work order shall set forth the name of the Vendor personnel to provide the services, the specific project to which the personnel will be assigned, the specific service 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 the other regulations as agreed to by the parties that may apply to the specific personnel. In no event shall the City be liable for any overtime rates or overtime pay for Vendor personnel, regardless of the number of hours worked by Vendor personnel. Vendor shall be solely responsible for any required overtime pay for its personnel. Vendor shall not perform any additional services for the City not specific 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 no specified by this Agreement unless the City first approves such expenses in writing. 2. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 54782 Page 1 of 2 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration Ya4rtt -WA�uffvt� of this contract, including ensuring all performance By: Aington(Mar 15,2 114:17CDT) and reporting requirements. Name: Valerie Washington Title: Assistant City Manager Mar 15 2021 Date: By: Cynthi yree(Mar 15,202109:50 CDT) Name: Cynthia Tyree Approval Recommended: Title: Sr. IT Solutions Manager By: Approved as to Form and Legality: Name: Kevin Gunn Title: Director,IT Solutions oaq�FORp��a By JB Strong(Mar , 02114:04CDT) °°°°° Attest: !O00°° °° Oaf Name: John B. Strong 0�o - Title: Assistant City Attorney ° Pvg o=� y o°° °°°°*� Contract Authorization: °°°°°°° a M&C: 21-0084 Name: Mary J. Kayser �a�nEXASq�p Title: City Secretary Approval Date: 02/02/21 1295 Form:2020-681068 VENDOR: Lunda Data Solutions, Inc. By: pa, 1 - 6:::'�= Name: Dana R. Jones Title: CEO Date: March 3, 2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 54782 Page 2 of 2 2/12/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 2/2/2021 REFERENCE **M&C 21- LOG NAME: 13P STAFF AUGMENTATION ITS AND NO.: 0084 WATER ADK CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL)Authorize the Execution of Agreements with SRB Systems Inc., Luna Data Solutions, Inc., Insight Global LLC, TEKsystems, Inc., GTS Technology Solutions, Inc., and Apex Systems, LLC for Staff Augmentation Services in the Annual Amount of $2,550,000.00 Using Various Cooperatives and Ratify Expenditures in the Amount of $100,000.00 for the Information Technology Solutions and Water Departments RECOMMENDATION: It is recommended that the City Council authorize the execution of agreements with SRB Systems Inc., Luna Data Solutions, Inc., Insight Global LLC, TEKsystems, Inc., GTS Technology Solutions, Inc., and Apex Systems, LLC for staff augmentation services in the annual amount of$2,550,000.00 using various cooperatives and ratify expenditures in the amount of$100,000.00 for the Information Technology Solutions and Water Departments. DISCUSSION: On November 1, 2016, City Council approved Mayor and Council Communication (M&C) C-27983, authorizing the execution of Professional Service Agreements (Agreements)with staff augmentation vendors in the annual amount of$2,100,000.00. M&Cs C-28636 and C-28999 were subsequently executed to add additional vendors, increasing the opportunity of receiving competitive pricing. The annual spending authority was increased by$300,000.00 in June of 2020 via M&C 20-0410 for a total annual amount of$2,400,000.00 to support the implementation of the Water Department's MyH2O initiative. The purpose of these Agreements is to add staff augmentation vendors for the Information Technology Solutions (ITS) and Water Departments to have Agreements in place to assist in the development and implementation of technology projects and to use as temporary backfills for staffing vacancies. When augmentation services are needed, individual recruitments are sent to each vendor to ensure that the City receives competitive pricing and qualified candidates. Upon approval of this M&C, the funds will be distributed between the ITS and Water Departments as follows: Information Technology Solutions $2,100,000.00 Water $450,000.00 The previously utilized DIR cooperative contracts have expired and the vendors have been awarded new contracts. This action seeks to replace the existing M&Cs to allow for continued services. The following cooperative contracts will be utilized for the respective vendors: Vendor Contract No. Contract Expiration Insight Global GS-35F-0247Y March 19, 2022 SRB Systems, Inc. DIR-CPO-4589 August 31, 2024 Luna Data Solutions, Inc. DIR-CPO-4582 August 31, 2024 TEKSystems, Inc. DIR-CPO-4638 August 31, 2024 GTS Technology Solutions, Inc. DIR-CPO-4526 August 31, 2024 Apex Systems, LLC DIR-CPO-4521 August 31, 2024 apps.cfwnet.org/council_packet/mc_review.asp?I D=28636&councildate=2/2/2021 1/3 2/12/2021 M&C Review It is requested that City Council ratify expenditures in the amount of$100,000.00. In anticipation of a new M&C, ITS staff executed a contract with TekSystems, Inc. in the amount of$100,000.00. A contractor, engaged through TekSystems under their previous DIR cooperative contract, has been assigned to high priority tasks for the Human Capital Management(HCM) system payroll task initiative. To ensure that the progress of the project was not impacted, the contract was executed to allow for continued services. In order for these Agreements to align with the City's fiscal year, adoption of this Mayor and Council Communication (M&C)technically authorizes (i) a series of Purchase Agreements, each of which will align to the terms of the respective cooperative contract to ensure legal authority exists for the contract, and (ii) an annual spend amount, future years of which would be subject to City Council appropriation. In the event that a cooperative contract is not renewed, staff would cease purchasing at the end of the last Purchase Agreement coinciding with the valid cooperative contract. If the City Council were to not appropriate funds for a future year, staff would stop making purchases when the last appropriation expires, regardless of whether the then-current Purchase Agreement has expired. The City initially use these cooperative contracts to make purchases authorized by this M&C. The cooperative contracts expire on various dates. If a cooperative contract is extended, this M&C authorizes the City to purchase similar services under the extended contracts. If a cooperative contract is not extended, but a new cooperative contract is executed with the respective vendor with substantially similar terms as the previous cooperative contract, this M&C authorizes the City to purchase the services under the new cooperative contract. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. The contract was competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. M/WBE - An MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM: Upon City Council's approval, the initial term of these Agreements shall commence upon final execution of the Professional Services Agreements and expire in accordance with the terms and conditions of the respective cooperative agreement. The Agreements may be renewed up to five (5) additional one-year terms. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating and capital budgets, as previously appropriated, in the participating departments' Operating Funds to support the approval of the above recommendations and execution of the contracts. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ TO Fund I Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM _ Fund Department Account Project Program Activity Budget Reference# Amount ID I ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jay Chapa (5804) Valerie Washington (6192) apps.cfwnet.org/councii—packet/mc_review.asp?ID=28636&counciidate=2/2/2021 2/3 2/12/2021 M&C Review Originating inatin9 Department artment Head: Kevin Gunn (2015) — — Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=28636&councildate=2/2/2021 3/3