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Home My WebLink About2019-07-16; City Council; ; Second Amendment to the Agreement with MIG, Inc. to extend the term of the Agreement for one additional six-month period.~ CITY COUNCIL ~ Staff Report Meeting Date To: From: Staff Contact: July 16, 2019 Mayor and City Council Scott Chadwick, City Manager Curtis Jackson, Real Estate Manager curtis.jackson@carlsbadca.gov or 760-434-2836 CAReview ~ , Subject Second Amendment to the Agreement with MIG, Inc. to extend the term of the Agreement for one additional six-month period. Recommended Action Adopt a Resolution approving the Second Amendment to the Agreement with MIG, Inc. to extend the term of the Agreement for six-months, from July 23, 2019 to January 23, 2020 to provide MIG, Inc. (MIG) the time to complete the scoping and space planning analysis services for a new city hall and civic center, and authorizing the city manager to execute the Second Amendment. Executive Summary City staff is requesting an amendment to the Agreement to extend the term an additional six- months with MIG, and to authorize the city manager to execute the Second Amendment to the Agreement and any future actions related to the Agreement. City Council was the original awarding authority of the Agreement. The Authority to grant extensions to the Agreement was not delegated to the city manager at that time. Therefore, the City Council must authorize the city manager to execute the amendment to the Agreement and grant authority to the city manager to act on behalf of the City of Carlsbad in all future decisions and actions necessary to implement the Agreement, including any future term extensions. Discussion On January 23, 2018, City Council approved a one-year Agreement with MIG to provide scoping and space planning analysis services for a new city hall and civic center (Resolution No. 2018- 007). On March 25, 2019, prior to the expiration of the Agreement's one-year term, MIG and the city executed Amendment No. 1 to the Agreement, extending the Agreement for an additional six-month period and modified the scope of services on a time and material basis not-to-exceed $23,086.50. The six-month extension of the Agreement is set to expire on July 23, 2019. MIG has worked diligently and made good faith efforts to complete their scoping and space planning analysis services for a new city hall and civic center. However, the work will not have been completed, presented, and accepted by the City Council prior to the termination date on July 23, 2019. Staff is recommending that the City Council extend the term of the Agreement for six-months, from July 23, 2019 to January 23, 2020 to provide the time necessary to complete the scoping and July 16, 2019 Item #2 Page 1 of 6 space planning analysis services for the new city hall and civic center project, and to give authority to the city manager to execute the Second Amendment. Fiscal Analysis There is no financial impact to this request as the term extension does not include additional compensation. Next Steps MIG and city staff will complete the work necessary to present the Scoping and Space Planning Analysis ("Report") and Site Evaluation Criteria ("Site Criteria") to the City Council for approval in the next few months. Environmental Evaluation (CEQA) The proposed action is exempt from the California Environmental Quality Act (CEQA) per State CEQA guidelines 15301-Existing Facilities. Section 15301 exempts the leasing of property involving negligible or no expansion of use beyond that existing at the time of the agency's determination. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the meeting date and time. Exhibits 1. City Council Resolution. July 16, 2019 Item #2 Page 2 of 6 RESOLUTION NO. 2019-124 ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH MIG, INC. TO EXTEND THE TERM OF THE AGREEMENT FOR SIX-MONTHS, FROM JULY 23, 2019 TO JANUARY 23, 2020 TO PROVIDE MIG, INC. THE TIME TO COMPLETE THE SCOPING AND SPACE PLANNING ANALYSIS SERVICES FOR A NEW CITY HALL AND CIVIC CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT. Exhibit 1 WHEREAS, on January 23, 2018, the city entered into a one-year Agreement with MIG, Inc., to provide scoping and space planning analysis services for a new city hall and civic center by Resolution No. 2018-007; and WHEREAS, on March 25, 2019, MIG and the city executed Amendment No. 1 to the Agreement, extending the Agreement for an additional six-month period and modified the scope of services on a time and material basis not-to-exceed $23,086.50; and WHEREAS, city staff is requesting to extend the term of the Agreement an additional six- month period from July 23, 2019 to January 23, 2020, with no additional compensation; and WHEREAS, amending the term of the Agreement for an additional six-month period will provide MIG, Inc. the time to complete the scoping and space planning analysis services for the new city hall and civic center project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. That the above recitations are true and correct. 2. That the city manager is hereby authorized to execute the Second Amendment to the Agreement with MIG, Inc. (Attachment A), and to act on behalf of the City of Carlsbad in all future decisions and actions necessary to implement the Agreement with MIG, Inc. to complete the scoping and space planning analysis services for the new city hall and civic July 16, 2019 Item #2 Page 3 of 6 center project, including any future term extensions, and to do so in full compliance with the terms and conditions expressed in the aforementioned Agreement and to the satisfaction of the city attorney. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of July 2019, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. ATTEST: (ium 1saR7nWun~ ft:RBARA ENGLESON, CITY CLERK (SEAL) ,,,111111111,,,,,,11 ~,,,, CA ,.. '''" ,,,.,~of ~~~/~ ~ -~ ~--····· ···· .. ~ l'ts(~y~;\ \ \~'f~/ J ¾C'"f{1··F······-;;,~\'I-~ .,,.,,,, OT" ,,,,,~ 111t1t1,,,,,,11111\\ July 16, 2019 Item #2 Page 4 of 6 AMENDMENT NO. 2 TO AGREEMENT FOR SCOPING AND SPACE PLANNING ANALYSIS SERVICES MIG,INC. Attachment A This Amendment No. 2 is entered into and effective as of the ~day of .}(J_j 2019, amending the agreement dated January 23, 2018 (the "Agreement") by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and MOORE IACOFANO GOL TSMAN, INC., ("Contractor") (collectively, the "Parties") for Scoping and Space Planning Services. RECITALS A. WHEREAS, on January 23, 2018, the City and Contractor entered into a one-year Agreement, which expired on January 23, 2019, and included a scope of work to analyze the city's current allocation of staff and meeting spaces as well as space needs at city build-out; and B. WHEREAS, the City and Contractor executed a Ratification of Amendment No. 1 on Mo,,.,,\"'J.6, 2019 extending the term of the Agreement for an additional six-month period, modifying the scope of services on a time and material basis not-to-exceed Twenty-Three Thousand Eighty-Six dollars and Fifty cents ($23,086.50); and C. The Parties have negotiated and agreed to extend the term of this Agreement for an additional six-month period. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The term of this Agreement shall be amended to extend it for one additional six- month period, expiring on January 23, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 9/27/16 July 16, 2019 Item #2 Page 5 of 6 Attachment A 4. 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. Moore lacofano Goltsman, Inc. CITY O CARLSBAD, a municipal ati n of the State of California m@MM~~ (signhere) By: ta.) N L2 t::-ME-'G: f-r tlE cNC \f AL- (print name/title) By: (sign here) (print name/title) ATTEST: \jJ/YYJG~f mnL ~ARBARA ENGLESON U ...,ity 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: CELIA A. BREWER, City Attorney /'? BY: L-~K'.~x~f---___, -AeStstant City Attorney 2 City Attorney Approved Version 9/27/16 July 16, 2019 Item #2 Page 6 of 6