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HomeMy WebLinkAbout2010-11-23; City Council; Resolution 2010-254r,, e.- \ 1 RESOLUTION NO. 2010-254 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AMENDMENT 3 TO THE CONTRACT WITH KINSEY & KINSEY, INC. 4 WHEREAS, the City has a current contract with Kinsey & Kinsey, Inc. to provide 5 professional services and advice related to the implementation of the Lawson Human 6 Capital Management System (HCMS) software; and 7 WHEREAS, the City and Kinsey & Kinsey, Inc. desire to alter the current contract8 9 to provide additional consulting support to the internal project team, as set forth in the 10 attached "Amendment No. 2 to Agreement for Lawson Implementation Services (Kinsey 11 & Kinsey, Inc.). 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carlsbad, California, as follows: 14 1. That the above recitations are true and correct. 15 2. That the City Council authorizes the Human Resources Director or designee 16 to amend the contract with Kinsey & Kinsey, Inc. for additional consulting services in an 10 amount not to exceed $133,000.1 o 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,Speci elPASSED, APPROVED AND ADOPTED at af Reg tiler Meeting of the City Council of the City of Carlsbad on the 23rd day of November, 2010, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Kulchin. ATTEST: INE M. WOOD, City Clerk bi AMENDMENT NO. 2 TO AGREEMENT FOR LAWSON IMPLEMENTATION SERVICES (Kinsey & Kinsey, Inc.) This Amendment No. 2 ("Amendment") is entered into and effective as<£3 day of 2010, amending the agreement dated April 7, 2010 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Kinsey & Kinsey, Inc. ("Contractor") (collectively, the "Parties") for the Lawson system implementation relating to the Human Capital Management System ("HCMS") project. RECITALS A. The Parties desire to alter the Agreement's scope of work to provide additional consulting support to the project due to City staffing constraints. This consulting support will supplement the project team resources to assist the City in areas as directed by the City. B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is identified as Exhibit "A-2", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . In addition to those services contained in the Agreement and Amendment 1 , Contractor will provide those additional services described in Exhibit "A-2" which is attached hereto and incorporated herein. 2. City will pay Contractor for all work associated with those additional services further described in Exhibit "A-2" in an amount that is not-to-exceed $132,640, which includes time and materials fees in an amount not-to-exceed $114,640 and travel expenses in an amount not-to-exceed $18,000. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and travel costs for approval by City. With this Amendment 2, the new not-to-exceed amount for the entire Agreement and past amendments is $570,842 (compared to the old amount of $438,202). 3. Contractor will complete all work and services described in Exhibit "A-2" by the end of the original Agreement date. 4. Except as specifically modified herein, all other provisions of the Agreement will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment No. 2. (Signature Page Follows) Final 1 City Attorney Approved Version #05.22.01 CONTRACTOR (sign h lgw (print tame/title) '» ftsew &k'i (e-mail address) (sign here) (print name/title) ihseu^ki (e-mail (address) w. ' CITY OKTCA^CSBAD, a municip^ corpor/atip)yofthe State By: ATTEST: LORRAINE M. WOOD City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy/Assistant Cit^j Attorney Final City Attorney Approved Version #05.22.01 EXHIBIT "A-2" SCOPE OF SERVICES AND FEE Contractor agrees to the following scope of services for Amendment No. 2: 1. Task 1 - Develop the following interfaces: a. Lawson HR Refresh to CyberShift using CyberShift's standard file layout. b. Lawson State Income Tax (SIT) withholdings using the State's standard file layout. c. Lawson State Disability Insurance (SDI) withholdings using the State's standard file layout. d. Lawson Employment Development Department (EDD) DE-6 using the State's standard file layout. e. Build an import program to populate the Lawson employee record with the employee's assigned Outlook eMail Account. This import program will use a flat file created by the City from its Novell ID Manager product. 2. Task 2 - Increase total onsite consulting support beyond the Agreement and Amendment 1 by 528 hours. Contractor agrees to be onsite for the following months in addition to those months defined in the Agreement and Amendment 1: January 2011, June 2011 and July 2011. Tasks that the Contractor may work on relating to this Amendment are as follows. a. Assistance with integration and parallel testing. b. Assistance with integration decisions between Lawson and CyberShift. c. Data conversion design questions (i.e., approach, data mapping, using add-ins for the import, etc.). d. Configuration changes during the City's testing of the Lawson system. e. Development of additional custom Lawson reports beyond the scope of the original Agreement (i.e., beyond three reports). f. Development of additional Lawson ProcessFlows beyond the scope of the original Agreement (i.e., beyond five ProcessFlows). g. Development of additional Lawson Smart Notes beyond the scope of the original Agreement (i.e., beyond 10 Smart Notes). h. Creation of user guides. Final 3 City Attorney Approved Version #05.22.01 The exact tasks that the Contractor will work on will be determined by the City and will vary depending on the needs of the project. The City will confirm in writing to Contractor the scope of the task that Contractor will perform and Contractor will confirm in writing to City the estimated not-to-exceed time and material fees to complete the task. 3. Task 3 - An additional 100 hours of technical development work will be allocated for making changes to interfaces identified in Task 1 that are made after the City has tested and accepted the interfaces (e.g., due to changes in requirements based on integration or parallel testing of CyberShift and/or Lawson that occurs later in the schedule). These hours can also be used for changes to ProcessFlows, SmartNotes, interfaces, dashboards or custom reports completed under the original Agreement. The exact tasks that the Contractor will work on will be determined by the City and will vary depending on the needs of the project. Fees for this Amendment: 1. Task 1 - These services shall be charged at $200 an hour (not-to-exceed $12,800). Development work for Task 1 will be done offsite. Therefore, no travel expenses have been allocated to this task. 2. Task 2 - The 528 additional hours will be billed at $155 an hour (not-to-exceed $81,840) for functional consultants (e.g., Brian Thome) and travel expenses not-to-exceed $18,000. If a technical consultant is required and used for development work, the technical consultant will charge $200 per hour. Unless otherwise agreed to in writing by the City, all 528 hours of additional consulting support will be delivered by Brian Thome. If the City believes that Brian Thome's functional consulting services are not needed later in the project, the City at its sole discretion will have the option to: 1) Reallocate the remaining budget for the 528 hours to development work (i.e., ProcessFlows, SmartNotes, interfaces, reports, etc.) to be completed by a technical consultant from Kinsey or its subcontractors, or 2) Elect to not use the remaining budget for the project and terminate the Agreement. If this reallocation or termination were to occur, the City will give Kinsey a two week notice. 3. Task 3 - These services will be charged at $200 an hour (not-to-exceed $20,000). The above development work will be done offsite. Therefore, no travel expenses have been allocated to this task. Final 4 City Attorney Approved Version #05.22.01