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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