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HomeMy WebLinkAboutPublic Strategies Group; 2007-02-20;AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR GENERAL MANAGEMENT CONSULTING SERVICES (Public Strategies Group) This Amendment No. 1 is entered into and effective as of the day of 2007, amending the agreement dated February 20, 2007 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Public Strategies Group, ("Contractor") (collectively, the "Parties"). RECITALS A. The Parties desire to amend the Agreement by adding additional scope for a one-half day session by Beverly Stein on July 12, 2007 with selected leaders of the City of Carlsbad. The session is designed to help leaders understand and experience the development of Desired Results and Potential Indicators for specific strategic goals in relation to Budgeting for Outcomes. The additional facilitation session will cost $5,732.27 including the fee, travel and miscellaneous expenses. The original agreement included $9,500 for consulting services so the amount needed to add to the existing contract is $1,594.57; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement is hereby amended to add the half-day session as described in Section A above and the addition of $1,594.57 to the not to exceed amount of $9,500 in the original agreement. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. City Attorney Approved Version #05.22.01 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR *By: CITY corpora (print name/title) (e-mail address) LORRAINE M. WOOD City 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. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #05.22.01 AGREEMENT FOR GENERAL MANAGEMENT CONSULTING SERVICES (Public Strategies Group) AGREEMENT is made and entered into as of the / day of \. 2QCQ., by and between the CITY OF CARLSBAD, a municipal ^jUj-J Dl I l^ I 1st O+^<-l + /^C1 1*-,*-* /^ PS1I !»"* /ll/^Nr%*-4+^/-ijn,4-X>l."\corporation, ("City")/£jid Public Strategies Group ("Contractor"). RECITALS City requires the professional services of a General Management Consultant that is experienced in Outcome Budgeting and Public Outreach. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. Term. This Agreement will be effective for a period of One Year C\) from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be not to exceed nine thousand five hundred dollars ($9,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. Status of Contractor. Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties,expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. Insurance. Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company City Attorney Approved Version #11.28.06 authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred thousand dollars ($500,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General and Automobile liability. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 8. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. Termination. City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code Sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. Amendments. This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version #11.28.06 7606028653 FINANCE DEPT CITY OF CARLSBAD 04:18:28p.m. 02-05-2007 2/2 14. Authority. The individuals executing this Agreement 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 Agreement. CONTRACTOR *By: CITY OF CARLSBAD, a municipal corporation of the State of California City Manager or Mayor (print name/title)ATTEST: (e-mail address) / /frfc^&^^vK? /' (sign here) (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. jf_§ 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 officers) signing to bind the corporation. APPROVED AS TO FORM: RON sputy Cfty Attorney City Attorney Approved Version #11.28.06 EXHIBIT "A" November 13, 2006 TO: JoeGaruba, for City of Carlsbad FROM: Beverly Stein, for Public Strategies Group RE: Agreement for Services This memo confirms the following agreement between the City of Carlsbad, CA and the Public Strategies Group. Beverly Stein, Senior Managing Partner of the Public Strategies Group will: • Facilitate a one-day session on December 8, 2006 with leaders of the city selected by Joe Garuba. The purpose of the session is to explore options for continuing to improve services and citizen satisfaction in the City of Carlsbad. This will include exploring Budgeting for Outcomes but is not limited to that topic. • Prepare a short summary of the session with recommendations within two weeks of the session. The City of Carlsbad will: • Pay PSG $5,000 plus reasonable expenses. • Payment shall be made within 30 days of the City's receipt of the summary report. • If the City does not feel it got value from the session there will be no obligation to pay PSG.