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HomeMy WebLinkAbout2011-06-21; City Council; Resolution 2011-1381 RESOLUTION NO. 2011-138 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 3 TO THE AGREEMENT WITH LECKEY CONSULTING, INC. FOR HUMAN CAPITAL MANAGEMENT SYSTEM 4 IMPLEMENTATION SERVICES AND THE APPROPRIATION 5 OF FUNDING 6 WHEREAS, the City of Carlsbad recognizes that the Human Capital 7 Management System, or HCMS, is a computer software solution that will upgrade and 8 unify the timekeeping, payroll and human resources processes throughout all City departments; and 10 WHEREAS, the City has embarked upon a phased approach to transition to this 11 software solution, with the ultimate goal of replacing the manual and redundant 12 processes that are currently in place; and WHEREAS, after careful review and evaluation, the City selected Leckey 15 Consulting, Inc. to provide the project management services needed to implement the 16 new software; and 17 WHEREAS, additional funds are required to extend the project go-live date to no 18 later than January 3, 2012 and to accomplish the major deliverables of this phase of the 19 project; and 20 WHEREAS, sufficient funds are available in the Innovation Technology Fund for 21 this effort. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 23 Carlsbad, California, as follows: 25 1. That the above recitations are true and correct. 26 27 28 1 2. That Amendment No. 1 to the Agreement with Leckey Consulting, 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. 4 3. That the Finance Director is authorized to transfer $175,000 from the 5 Innovation Technology Fund to the project budget. 6 7 " 8 " 9 10 // 11 // 12 // 13 // 14 15 16 17 18 " 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 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. (SEAL) INE M. WOOD, City Clerk AMENDMENT NO. 1 TO AGREEMENT FOR HCMS PROJECT MANAGEMENT SERVICES (Leckey Consulting, Inc.) This Amendment No. 1 ("Amendment") is entered into and effective as oftha^X day of 2011, amending the agreement dated February 17, 2010 (the "Agreement") by between the City of Carlsbad, a municipal corporation, ("City"), and Leckey Consulting, Inc., Corporation ("Contractor"). RECITALS A. The Parties desire to alter the Agreement's scope of work to provide additional project management consulting services to the HCMS project due to City staffing constraints. B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is identified as Exhibit "A-1", 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, Contractor will provide those additional services described in Exhibit "A-1" 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-1" in an amount that is not-to-exceed $175,000, which includes time and materials fees in an amount not-to-exceed $157,250 and travel expenses in an amount not-to-exceed $17,750. 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 1 , the new not-to-exceed amount for the entire Agreement and past amendments is $755,000 (compared to the original amount of $580,000). 3. Contractor will complete all work and services described in Exhibit "A-1" 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. 1 . (Signature Page Follows) City Attorney Approved Version #05.22.01 CONTRACTOR *By: (signher^7 CITY OF CARLSBAD, a municipal corporation of the State of California By: / r vnes >Ai K r Mayor ATTEST: (L0RRA\NE 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: RONAtDl*3AL\ City Attorney City Attorney City Attorney Approved Version #05.22.01 EXHIBIT "A-1" SCOPE OF SERVICES AND FEES Contractor agrees to the following scope of services for Amendment 1: 1. Task 1 - Increase total project management consulting services beyond the Agreement by 925 hours. Contractor agrees to provide project management consulting services for the following six months in addition to those months defined in the Agreement; specifically August 22, 2011 through February 16, 2012. Tasks that the Contractor will work on relating to this Amendment are as follows. a. Provide day-to-day project management. b. Ensure that the HCMS vendor's responsibilities of the project are satisfactorily met. c. Ensure that the City's responsibilities of the project are satisfactorily met. d. Review all major deliverables produced by HCMS vendors and the City. e. Monitor the project plan and schedule and make course corrections as necessary. f. Manage issues and ensure that resolutions are finalized in a timely manner. g. Enforce project scope. h. Ensure end user training and communication are effective. i. Proactively manage risk. j. Re-direct resources as capabilities and/or needs change. k. Track and communicate project budget/costs. I. Review and approve all vendor invoices. m. Identify data integration requirements to support required functionality with other systems. n. Hold project team status meetings. o. Report and present biweekly status reports to the HCMS Steering Committee. p. Provide hands-on assistance with detailed tasks as needed (e.g., technical specifications, user guides, training materials, testing, end user training, etc.). 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 925 additional hours will be billed at $170 an hour (not-to-exceed $157,250) for project management services and travel expenses not-to-exceed $17,750. Unless otherwise agreed to in writing by the City, all 925 hours of additional project management consulting services will be delivered by Steve Leckey. If the City believes that Steve Leckey's project management services are not needed later in the project, the City at its sole discretion will have the option to not use the remaining budget for the project and terminate the Agreement. If this termination were to occur, the City will give the Contractor a two week notice. 2. A 10% payment retention (up to $15,725) relating to services provided by the Contractor for Amendment 1 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. Additionally, if the go-live date is beyond December 5, 2011, the Contractor will work free of charge for up to one month. City Attorney Approved Version #05.22.01 n