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Home My Public Portal About06) 7E- R3 Consulting_Third Amendment to Agreement for Services_Staff ReportADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM D ATE: July 21, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Susan Paragas, Administrative Services Director SUBJECT: THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC. RECOMMENDATION: The City Council is requested to: 1. Approve a third amendment (Third Amendment) to the Professional Services Agreement (Agreement, Attachment “A”) with R3 Consulting Group, Inc. relating to waste hauling services; and 2.Authorize the City Manager to sign the Third Amendment increasing the contract amount by $37,001 for a total of $102,000 and extending the term to June 30, 2021. BACKGROUND: 1.On January 9, 2018, the City and R3 Consulting Group, Inc. (R3) entered into an agreement for consultant services in relation to the waste hauling negotiations for a total amount of $24,999. 2.On November 6, 2018, Council approved a budget amendment of $20,000 in anticipation of the need to continue R3’s consulting services. 3.On December 18, 2018, Council approved a first amendment to the Agreement with R3. 4.On July 16, 2019, Council approved a second amendment to the Agreement by extending the terms to June 30, 2020 and increasing the total Agreement amount to $64,999. 5.On June 29, 2020, Council adopted the City’s FY 2020-2021 annual budget that included a $20,000 appropriation for contractual review. AGENDA ITEM 7.E. City Council July 16, 2019 Page 2 of 2 ANALYSIS : R3 has been providing consulting services relating to waste hauling services since January 2018. Due to the need of continued services from R3, the requested Third Amendment calls for an additional cost of $37,001, increasing R3’s total contract amount to $102,000. Additionally, the second amendment to the Agreement expired on June 30, 2020. Therefore, it is requested that the term of the Agreement be amended retroactive to July 1, 2020 with a new termination date of June 30, 2021 and an option to renew for one additional year from July 1, 2021 to June 30, 2022. This will ensure there will be no interruption in consulting services. CITY STRATEGIC GOALS: Actions contained in this report align with the City’s strategic goal of good governance. FISCAL IMPACT : No additional appropriation is needed for FY 2020-2021. ATTACHMENT: A.Third Amendment to Services Agreement between City and R3 ATTACHMENT A RIV #4838-6958-3880 v3 DRAFT 1/27/15 THIRD AMENDMENT TO AGREEMENT FOR SERVICES by and between the CITY OF TEMPLE CITY and R3 CONSULTING GROUP, INC. Dated July 21, 2020 THIRD AMENDMENT TO AGREEMENT FOR SERVICES This Third Amendment to the Agreement (“Third Amendment”), which is dated July 21, 2020, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city (“City”), and R3 Consulting Group, Inc. (“Service Provider”), as follows: RECITALS A. City and Service Provider entered in an agreement for services (“Agreement”) on January 9, 2018. The Agreement provides that Service Provider provides consulting services in relation to waste hauling negotiations. B. On November 6, 2018, City Council approved a budget amendment of $20,000 for additional cost of services. C. On December 18, 20 l 81 the City and Service Provider entered into a First Amendment to the Agreement so that Service Provider can continue to provide consulting services for an on-going waste hauling negotiation at an added compensation of $20,000 (or, a total contract amount not to exceed $44,999. D. On July 16, 2019, City Council approved a Second Amendment to the Agreement, increasing the contract amount by $20,000, for a total amount of $64,999. Furthermore, this Second Amendment extends the duration of the Agreement from July 1, 2019 to June 30, 2020. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment, which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: SECTION 1. TERM OF AGREEMENT: Subject to the provisions of Section 20 “Termination of Agreement” of the Agreement, the Term of the Agreement is retroactive to July 1, 2020 and will expire on June 30, 2021 with a one-year option to renew from July 1, 2021 to June 30, 2022. SECTION 4. COMPENSATION AND METHOD OF PAYMENT: Subject to any limitations set forth in the Agreement, City agrees to pay Service Provider a total compensation of $102,000. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except specifically modified and amended in this Third Amendment, the Agreement, First Amendment and Second Amendment remain in full force and effect and binding upon the parties. 2.2 Integration. This Third Amendment consists of pages 1 to page 9 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Third Amendment. 2.3 Effective Date. This Third Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Contractor. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, First Amendment and Second Amendment, unless expressly stated to the contrary in this Third Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY __________________________________ Bryan Cook, City Manager ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Peggy Kuo, City Clerk Gregory Murphy, City Attorney CONTRACTOR: R3 Consulting Group, Inc. By: _______________________________ Name: _________________________ Title: __________________________ By: _______________________________ Name: _________________________ Title: __________________________ NOTE: CONTRACTOR’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. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 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/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument 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. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ¨ Individual ¨ Corporate Officer Title(s) Title or Type of Document ¨ Partner(s) ¨ Limited ¨ General ¨ Attorney-In-Fact Number Of Pages ¨ Trustee(s) ¨ Guardian/Conservator ¨ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Date Of Document Signer(s) Other Than Named Above A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 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/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument 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. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ¨ Individual ¨ Corporate Officer Title(s) Title or Type of Document ¨ Partner(s) ¨ Limited ¨ General ¨ Attorney-In-Fact Number Of Pages ¨ Trustee(s) ¨ Guardian/Conservator ¨ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Date Of Document Signer(s) Other Than Named Above EXHIBIT 1 Agreement for Services by and between the City of Temple City and R3 Consulting Group, Inc. (See Attached) EXHIBIT 2 First Amendment for Services by and between the City of Temple City and R3 Consulting Group, Inc. (See Attached) EXHIBIT 3 Second Amendment for Services by and between the City of Temple City and R3 Consulting Group, Inc. (See Attached) EXHIBIT 1Page 1 EXHIBIT 1Page 2 EXHIBIT 1Page 3 EXHIBIT 1Page 4 EXHIBIT 1Page 5 EXHIBIT 1Page 6 EXHIBIT 1Page 7 EXHIBIT 1Page 8 EXHIBIT 1Page 9 EXHIBIT 1Page 10 EXHIBIT 1Page 11 EXHIBIT 1Page 12 EXHIBIT 1Page 13 EXHIBIT 1Page 14 EXHIBIT 1Page 15 EXHIBIT 1Page 16 EXHIBIT 1Page 17 EXHIBIT 1Page 18 EXHIBIT 1Page 19 EXHIBIT 2 Page 1 EXHIBIT 2 Page 2 EXHIBIT 2 Page 3 EXHIBIT 2 Page 4 EXHIBIT 2 Page 5 EXHIBIT 2 Page 6