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HomeMy WebLinkAboutContract 55409-A1 CSC No.55409-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 55409 This First Amendment to Fort Worth City Secretary Contract No. 55409 (`'First Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Apex Systems, LLC, a Virginia corporation ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 55409 beginning March 12, 2021 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to adjust the terms of the agreement concerning compensation and the contract term. 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 term language, found on page 2 of the Agreement, in its entirety with the following: The Coop Purchase shall become effective upon final execution ("Effective Date") and shall expire on June 22, 2021. The Agreement shall automatically renew for a new term on June 23, 2021 and expire on August 31, 2022 ("the Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement or otherwise extended by the parties. Thereafter, the Agreement may be renewed for two (2) additional one-year renewals, each a "Renewal Term" by the written, mutual agreement, of Vendor and Fort Worth. 2. The Agreement is hereby amended by replacing the compensation language, found on page 1 and 2 of the Agreement, in its entirety with the following: This is a non-exclusive Agreement as stated by City M&C No. 21-00456. Services will be provided by Vendor based on the City's staffing needs and the availability of qualified Vendor resources. No specific contract amount is guaranteed. The maximum amount to be paid to the Vendor for all services performed hereunder shall not exceed $2,500,000.00. 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 OFFICIAL RECORD First Amendment to Fort Worth City Secretary Contract No. 55409 CITY SECRETARY FT. WORTH, TX 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 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. 3. 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] First Amendment to Fort Worth City Secretary Contract No. 55409 Page 2 of 3 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: Vendor: DocuSigned by: jl'Adlej Koti p"ez-+,.A t By: Valerie Washington(Jul29,202112:10 CDT) By: 041E21324C3843B... Name: Valerie Washington Name: Koehler Andermatt Title: Assistant City Manager Title: Director, National Accounts Date: J u[ 29) 2021 Date: 712112021 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration f yam __ of this contract, including ensuring all performance By: / and reporting requirements. Name:Kevin Gunn Title: Director, IT Solutions Qyrr'xL� By: Cynthi yree(Jul 28,202110:23 CDT) Approved as to Form and Legality: Name: Cynthia Tyree Title: Sr. IT Solutions Manager ? '§)pF°FORr� a� O By: PA,oo o o°p Name: Taylor Paris o °o'A�� 00 Title: Assistant City Attorney City Secretary: 00 o g Z Ronald P Gonzalos ° °0 d Ronald P.Gonzales 29,202113:02 CDT) ��� °°° ° O °° Contract Authorization: By. �� °°°°o M&C: 21-0456 Name: Ronald Gonzales ��nEXAS.oAp Title: Acting City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 55409 Page 3 of 3 7/28/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F°RT�1' DATE: 6/22/2021 REFERENCE**M&C 21- LOG NAME: 13P AMEND 21-0084 STAFF NO.: 0456 AUGMENTATION ITS ADK CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize an Amendment to the Term of M&C 21-0084 and Increase the Annual Amount by $400,000.00 for Staff Augmentation Services using Cooperative Contracts for a Revised Term Amount of$2,950,000.00 with Two Annual Renewal Options for the Information Technology Solutions and Water Departments RECOMMENDATION: It is recommended that the City Council authorize an amendment to the term of M&C 21-0084 and increase the annual amount by $400,000.00 for staff augmentation services using cooperative contracts for a revised term amount of$2,950,000.00 with two annual renewal options for the Information Technology Solutions and Water Departments. DISCUSSION: On February 2, 2021, City Council approved Mayor and Council Communication (M&C) 21-0084 for the purpose of replacing the existing M&C authorization and to consolidate the four awards. Historically, utilized vendors have been awarded new cooperative contracts requiring new authorization for continued services. The previous M&Cs approved are C-27983, C-28636, C-28999, and 20-0410. The targeted outcome of M&C 21-0084 was to begin utilizing a refreshed $2.1 million authorization upon approval of City Council to ensure there were no interruptions to ongoing and upcoming projects. It is now a concern that the authorization period of 21-0084 overlapped the term of the previous M&C's authority could lead to an inadvertent overspend. Additionally, it is a concern that the "replacement" language in M&C 21-0084 retroactively impacted the historic approval. Temporary personnel are recruited from the staffing agencies to assist in the development and implementation of specialized technology projects. This includes ongoing operational needs, implementations of new capital funded projects, and the improvement of vital City services, to include cyber security and ERP projects. In addition to operational and capital efforts, the Information Technology Services (ITS) Department would like to have these contracts available for any projects needs that arise with the configuration of the new City Hall building. Therefore, ITS is recommending increasing their annual authorization by $400,000.00. Staff augmentation requirements are identified by the reporting IT Manager/Executive based on need and available budget. Recruitments are sent to each available contracted vendor and are provided an equal opportunity to respond with qualified candidates. Applicants are submitted to the hiring manager on a first in /first out basis and the recruitment is completed once a suitable candidate has been identified. The total of the new requested authorization amount of$2,500,000.00 for the ITS Department and $450,000.00 for the Water Department will become effective upon City Council approval and will be available for use through August 31, 2022. Throughout the next year, the ITS Department plans to evaluate the utilized vendors and will request a new authorization package in 2022. Vendors are given an equal opportunity to earn a minimum of 10\% of the awarded expenditures on an as- needed basis. No specific amount is guaranteed. From July 31, 2020 through February 2021, Insight Global was the only vendor contract available while M&C 21-0084 was being prepared therefore a disproportionate spend was utilized with Insight Global. Vendors authorized by this request are as follows. The vendors selected provide the best overall value. Existing City Secretary Contracts will be amended to reflect the term and compensation language changes as needed. Vendor Cooperative Contract Cooperative Contract City Secretary Expiration Date Contract apps.cfwnet.org/council_packet/mc_review.asp?ID=29006&councildate=6/22/2021 1/2 7/28/2021 M&C Review TekSystems DIR-CPO-4638 August 31, 2024 54907 Apex Systems DIR-CPO-4521 August 31, 2024 55409 Luna Data DIR-CPO-4582 August 31, 2024 54782 Insight Global GS-35F-0247Y March 19, 2032 51991 The Water Department was included on approval 21-0084 for an annual authorization of$450,000.00. ITS proposes that the initial term of their agreement, beginning March 26, 2021, expire and renew upon City Council approval to align with the restructuring of the ITS agreements. DIR-CPO-TMP-445 was published on 4/16/2020 and responses were due on 6/11/2020 Agreement Term: Upon City Council's approval, the term will become effective and expire on August 31, 2022. The existing Vendor Service Agreements will be amended to reflect the new expiration date of August 31, 2022. Agreements will renew on September 1 thereafter. Renewal Terms: The Agreements may be renewed annually with a final expiration date of August 31, 2024. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. 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. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as appropriated, of the General, ITS Capital and Water& Sewer Funds and that, prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department r Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Jay Chapa (5804) Valerie Washington (6192) Originating Department Head: Reginald Zeno (8517) —g� g—p Kevin Gunn (2015) Additional Information Contact: Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS 13P AMEND 21-0084 STAFF AUGMENTATION ITS ADK funds availability.docx apps.cfwnet.org/council_packet/mc_review.asp?ID=29006&councildate=6/22/2021 2/2