HomeMy WebLinkAbout2011-06-21; City Council; Resolution 2011-1371 RESOLUTION NO.2011-137
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
3 AMENDMENT NO. 4 TO THE AGREEMENT WITH
, KINSEY & KINSEY, INC. FOR HUMAN CAPITAL
MANAGEMENT SYSTEM IMPLEMENTATION
5 SERVICES AND THE APPROPRIATION OF
FUNDING
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WHEREAS, the City of Carlsbad recognizes that the Human Capital
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Management System, or HCMS, is a computer software solution that will upgrade and
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9 unify the timekeeping, payroll and human resources processes throughout all City
10 departments; and
11 WHEREAS, the City has embarked upon a phased approach to transition to this
12 software solution, with the ultimate goal of replacing the manual and redundant
processes that are currently in place; and
14 WHEREAS, after careful review and evaluation, the City selected Kinsey &
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Kinsey, Inc. to provide the technical services needed to implement the new software;
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and
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WHEREAS, additional funds are required to extend the project go-live date to no
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ig later than January 3, 2012 and to accomplish the major deliverables of this phase of the
20 project; and
21 WHEREAS, sufficient funds are available in the Innovation Technology Fund for
22 this effort.
23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
24 Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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1 2. That Amendment No. 4 to the Agreement with Kinsey & Kinsey, Inc., a
2 copy of which is attached hereto, is hereby approved and the Mayor is authorized to
execute the agreement on behalf of the City.
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3. That the Finance Director is authorized to transfer $175,000 from the
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Innovation Technology Fund to the project budget.6
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 21st day of June 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
MATT'HALL,'Mayor
ATTEST:
(SEAL)
E M. WOOD, City Clerk
x.../
AMENDMENT NO. 4 TO AGREEMENT FOR LAWSON
IMPLEMENTATION SERVICES
(Kinsey & Kinsey, Inc.)
J
This Amendment No. 4 ("Amendment") is entered into and effective as of thejfc? day of
2011 , 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 and other unforeseen
circumstances. 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-4", Scope of Services and Fees.
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 Amendments 1 , 2
and 3, Contractor will provide those additional services described in Exhibit "A-4" 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-4" in an amount that is not-to-exceed $175,000, which includes
time and materials fees in an amount not-to-exceed $150,000 and travel expenses in an
amount not-to-exceed $25,000. 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 4, the new not-to-exceed amount for the
entire Agreement and past amendments is $745,842 (compared to the original amount of
$570,842).
3. Contractor will complete all work and services described in Exhibit "A-4" by the
end of the original Agreement date (as amended).
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. 4.
(Signature Page Follows)
1 City Attorney Approved Version #05.22.01
CONTRACTOR
*By: ^;
(sign here)-
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(print name/title)
(e-mail address)
ATTEST:
r Mayor
(sign here)
*ity Clerk
(print name/title)
(e-mail address)
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.
O FORM:
*
111 City Attorney
sistant City Attorney
City Attorney Approved Version #05.22.01
EXHIBIT "A-4"
SCOPE OF SERVICES AND FEES
Contractor agrees to the following scope of services for Amendment 4:
1. Task 1 - Increase total onsite consulting support beyond the Agreement and
Amendments 1 and 2 by 800 hours. Contractor agrees to be onsite for the following five
months in addition to those months defined in the Agreement and Amendments 1 and 2;
specifically, September 19, 2011 through February 16,2012. 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 and training materials,
i. Assistance with end user training.
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.
2. Task 2 - An additional 50 hours of technical development work will be allocated for
making changes to interfaces, ProcessFlows, dashboards, custom reports and/or
SmartNotes 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). 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.
City Attorney Approved Version #05.22.01
Fees for this Amendment:
1. Task 1 - The 800 additional hours will be billed at $175 an hour (not-to-exceed $140,000)
for functional consultants (e.g., Brian Thome) and travel expenses not-to-exceed
$25,000. 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 800 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 800 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.
2. Task 2 - These services will be charged at $200 an hour (not-to-exceed $10,000). Any
development work will be done offsite. Therefore, no travel expenses have been
allocated to this task.
3. A 10% payment retention (up to $15,000) relating to services provided by the Contractor
for Amendment 4 will be withheld for each invoice and will only be paid to the Contractor
if the HCMS system is in production use by no later than January 3, 2012. At a
minimum, production use is defined as centralized usage of the new HR, Payroll and
timekeeping solution, and if implemented for the first payroll in the beginning of the 2012
calendar year, payroll history will not be required. If this deadline is not met, the
Contractor will forgo payment of this retention.
City Attorney Approved Version #05.22.01
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