HomeMy Public PortalAbout08) 7D Second Amendment to the Professional Services Agreement with R3 Consulting Group, Inc.DATE:
TO:
FROM:
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
July 16, 2019
Honorable City Counci l
Bryan Cook , City Manager
By: lliana Flores , Assistant to the City Manager and City Council
AGENDA
ITEM 7.0.
SUBJECT : SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH R3 CONSULTING GROUP, INC.
RECOMMENDATION:
The City Council is requ ested to :
1. Approve the Second Amendment to the Professional Servi ces Agreement (Agreement)
(Attachment "A") with R3 Consulting Group relating to waste haul i ng services ;
2 . Authorize the City Manag er to sign the Agreement, in creasing the con tra ct amount by
$20 ,000 , for a total of $64,999 ; and
3. Appropriate an additional $20 ,000 for General Fund operating budget.
BACKGROUND:
1. On January 9 , 2018 , the City and R3 Consulting Group , In c. (R3) entered into an
agreement for consultant services relating to waste hauling services for a tota l
amount of $24 ,999 .
2 . On November 6 , 2018 , City Cou ncil approved a budget amendment of $20 ,000 in
anticipation of the need to continue R3 's consulting services .
3 . On December 18, 2018 , City Council approved a First Amendment to the
Professional Services Agreement with R3 .
City Council
July 16 , 2019
Page 2 of 2
ANALYSIS:
R3 has been providing co nsulting services relating to waste hauling services since
January 2018 . Due to the need of continued services from R3 , the requested con tract
amendment calls for an additional cost of $20,000 , increas ing R3's total contract
amount to $64 ,999.
Additionally , the Agreement expired on June 30 , 2019 . Therefore , it is requested that
the term of the Agreement be amended retroactive to July 1, 2019 with a new
termination date of June 30 , 2020 as services are still needed .
City council is requested to approve the Second Amendment with R3 for a term of one
additional year. This will ensure that there will not be an interruption in consulting
services .
CITY STRATEGIC GOALS:
Approval of the Second Amendment with R3 will further the City 's Strategic Goal of
Good Governance.
FISCAL IMPACT:
The additional $20 ,000 would be appropriated from the General Fund , which at budget
adoption was approved with a surplus of approximately $107 ,000 .
ATTACHMENTS:
A. Second Amendment to th e Professional Service Agreement with R3 Consul t ing
Group , In c .
ATTACHMENT A
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
by and bet ween
the
CITY OF TEMPLE CITY
And
R3 CONSULTING GROUP, INC.
Dated July 16 , 2019
,-------------------
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This Second Amendment to Agreement for Services ("Second Amendment"), w hich is
dated for reference as in dicated on th e cover page, is hereby entered in t o by and between the
CITY OF TEMPLE CITY, a Cal iforn ia c ha rt e r city ("C ity"), and R3 Consulting Group, In c .
("Servic e Provider"), as fo ll ows:
RECITALS
A. C ity and Serv ice Provider entered into an agreement for services on January 9, 2018. T he
Agreem ent provides that Service Provider provides cons ul ting services in relation to
waste h au ling negotiations.
B. On ovember 6 , 2018 , C ity Counci l approved a budget amendment of $20,000 for
additional cost of serv ice s.
C. On December 18 , 20 18, the City and Serv ice Provider entered into a First Amendment t o
the Agreement so that Service Provid er can contin ue to pro v id e consu lting serv ices for
on-going waste hauling negotiatio n s at a n added compensation of $20,000, with a tota l
contract amount not t o exceed $44,999.
D. On Jul y 16 , 2019, City Co uncil approved a Seco nd Amendment to the Agreement,
i ncreas in g the cont rac t amount by $20,000, for a total amount of $64,999. Furthermore ,
the Second A m e ndment extends the d u ration of the Agreement from Jul y 1, 2019 to June
30, 2020.
OPERATIVE PROVISIONS
NOW, THEREFORE, in co n si deration of th e promises made and recited here in , the
parties do hereby ente r in to this First Amen dment wh ic h modifies and amend s the Agreement as
follows :
1. AMENDMENT. T he Agreement is hereby modified and amended as fo ll ows:
SECTION 1. TERM OF AGREEMENT: Subject to the provisio n s of Section 20
"Termina tion of Agreement" of t h is Agreement, th e Term of th is Agreeme nt is retroactive to
Jul y I , 2019 and wi ll expire on June 30 , 2020.
SECTION 4 . COMPENSATION AND METHOD OF PAYMENT : Subject to any
limitations set forth in th is Agreement, City agrees to pay Serv ice Prov id e r a tota l
compensatio n of$64,999.
-2-
,---~~~~-----------------
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as s pecificall y modified and amended in
this Second Amendme nt , the Agreement remains in fu ll force and effect and binding upon t he
pa1tie s.
2.2 Integratio n . This Second A m e ndme nt consists of pages 1 through 4
inclus ive, wh ich co n s titute th e entire understandin g an d agreement of the parties and superse des
a ll negoti a tion s or prev ious agr eements between th e p arties wi th re spect to a ll or any part of th e
tran sacti on disc ussed in thi s Second A me ndm e nt.
2.3 Effective Date. T hi s Second Amendmen t s ha ll n ot become effecti ve until
th e date it has been formall y approved by the C ity Co uncil and executed by th e ap propriate
a u t horiti es of the City and Contractor.
2 .4 Applicable Law. The laws of the State of California s h a ll govern th e
interpretation and enforcement of th i s Second Amendme nt.
2.5 Refere nces . A ll references to the Agreement includ e a ll their respective
term s and provisions. A ll defi ned t erms ut i li zed in this Second Ame ndment have the sam e
m eaning as prov id ed in the Agreement, unl ess expressly s ta ted to t he contra ry in thi s Second
A mendme nt.
IN WITNESS WHEREOF, the parti es hereto h ave executed th is Second Amendment to
th e Agreement on the da te and year first written above.
C ITY :
THE CITY OF T EMPLE CITY
B y:=----=~~=-~~-------------
Bryan Cook, C ity Manager
ATTEST:
Peggy Kuo , C ity C le rk
-3-
APPROVED AS TO FORM
Greg Murphy, C ity Attorney
S ERVICE PROVIDER:
R 3 Consu lting Group, Inc .
B y: ____________ _
Name: _________ _
Title: _________ _
(2 "d signature required i f Corporation, Incorporation or Limited Liability
Corporation)
NOTE :
B y: ____________ _
arne: _________ _
T it le: __________ _
SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS , ARTICLES OF INCORPORATION ,
OR OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR 'S BUSINESS ENTITY.
-4-
A notary publ ic or other officer completing this ce rtific ate ve r ifies onl y th e iden tity of the individual who sig ned
th e document to which this certificate is attached, and not the rruthfulnes s, accurac , or va li d it o f that document.
ALL-P URP OSE ACKNOWLED GMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORN IA
COUNTY OF LOS ANG ELES
On __________________ ~2=0~--------------------------------------------
beforeme , ____________________________________________________ ~--------------'
Date Na me And T1t le Of Officer (e g ·Jane Doe, Notary Public")
persona ll y appeared ----------------------------
Name of S1g ner(s)
who proved to me on the basis of satisfactory evidence to
be the person (s) whose name(s) is /are subscri bed to the
within instrument and acknowledged to me that he/she /they
execu ted the same in his/he r/their authorized c apacity (ies),
and that by his /her/their signature (s) on the i nstrument the
person(s ), o r the entity upon behalf of wh ich the person (s)
acted , executed the inst rument.
I cert ify under PENA LTY OF PERJURY unde r the laws of
the State of California that the foregoing paragraph is true
and correct.
W IT NESS my hand and officia l seal.
Signature of Notary Public
OPTIONAL
Though this section is op t ional, co mp leting this information can deter alternat ion of the document or fraudulent
reattachment of th is form to an unin tended document.
CAPACIT(IES) CLAIMED BY SIGNER(S )
Signer's Name :
0 Indivi du al
0 Cor porat e Off icer
Title(s )
0 Partner(s)
0 Attorney-In-Fact
0 Trustee(s)
0 Guardian/Conservator
0 Other:
Signer is represent ing :
Na me Of Person(s ) Or Entity(ies )
0 Limited
0 General
DESCRIPTION O F ATTACHED DOCUMENT
T itle o r Type of Do cument
Nu mber Of Pages
Date Of Document
S igner(s) Other T ha n Named Above
A not ary p ubli c or oth er officer co mp le ting th is cert ifi ca te ve r ifi es onl y th e id ent ity o f th e ind ivid ua l who s ig ne d
th e doc ume nt to wh ic h th is certifi cate is attac hed, and not t he tru thfu lne ss , ac curac , or va lidit of th at docu me nt.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On 20
before me , __ ~------------------------------------------~--~~~------------' Date Name And Title Of Officer (e g "Jane Doe, Notary Public")
personally appeared __ ~~~~~~~~~~~~~~~~~~~~~~~~~~~
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person (s ) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/t he ir authorized capacity(ies),
and that by his/her/their signature(s) on the i nstrument the
person(s), or the entity upon behalf of which the person(s)
acted , executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
S ign ature of Notary Publi c
OPTIONAL
Though this section is optional , completing th is information can deter alternation of t he document or fraudulent
reattachment of th is fo rm to an unintended documen t.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Sig ner's Name:
0 Ind ividua l
0 Corporate Officer
T itle(s)
0 Partner(s)
0 Attorney-! n-F act
0 T rus tee(s)
0 Guard ian /Conse rv ator
0 Other:
S igner is rep resenti ng :
Name O f Person(s ) O r E nt ity(ie s)
0 Li m ited
0 Genera l
DESCRIPTION OF ATTACHED DOCUMENT
T itle or Type of Do cu ment
Num ber Of Pages
Date Of Docume nt
Signer(s ) Other T han Named Above