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HomeMy WebLinkAbout2022-10-18; City Council; Resolution 2022-247RESOLUTION NO. 2022-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING AMENDMENT NO. 3 TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH PROS CONSULTING INC. FOR PARKS & RECREATION DEPARTMENT MASTER AND STRATEGIC PLANNING SERVICES FOR A ONE-YEAR TERM WHEREAS, the City Council of the City of Carlsbad, California has determined that a comprehensive update of the Parks & Recreation Master And Strategic Plan, with extensive public input and education, is integral to a world class city that values access to open space and the natural environment, recreation and active, healthy lifestyles, and history, arts and cultural resources; and WHEREAS, the Parks & Recreation Department is pursuing national reaccreditation by the Commission for the Accreditation of Parks and Recreation Agencies; and WHEREAS, a master and strategic plan update is essential to eligibility for reaccreditation; and WHEREAS, the Parks & Recreation Department's current strategic action plan identifies a goal of updating the current City Council-approved master plan for another five years; and WHEREAS, on July 1, 2019, staff released a request for proposals for an update to its comprehensive Parks & Recreation Master And Strategic Plan; and WHEREAS, On Oct. 8, 2019, the City Council adopted resolution No. 2019-195 awarding a Professional Services Agreement to PROS Consulting Inc. for parks and recreation master and strategic planning services, for an initial one-year term, in an amount not-to-exceed $199,000; and WHEREAS, the scope of work in the initial agreement included one optional one-year extension; and WHEREAS, Amendment No. 1 to extend the agreement for an additional one-year term was executed on Sept. 21, 2020, and that one-year extension term expired on Oct. 9, 2021; and WHEREAS, on Sept. 29, 2021, the City Council adopted Resolution No. 2021-220, amending the professional services agreement with PROS Consulting for Parks & Recreation Department master and strategic planning services for a one-year extension term, for an amount not to exceed $167,460 and that one-year extension term expired on Oct. 8, 2022; and WHEREAS, in March 2020, professional services on the department's master plan update were temporarily suspended to focus efforts on pandemic response operations, and to account for the changes in the community's parks and recreation needs as a result of impacts from the pandemic; and WHEREAS, in June 2021, the State of California's tiered Blueprint for a Safer Economy was repealed, and the department's operations have gradually returned to a largely pre-pandemic condition; and WHEREAS, staff recommends ratifying the Amendment No. 3 to extend the professional services agreement with PROS Consulting for a one-year term, expiring on Oct. 8, 2023; and WHEREAS there are several tasks specified in the original agreement and in Amendment No. 2 that have not yet been completed due to the temporary suspension of these professional services; and WHEREAS, those tasks are to be completed during the additional one-year extension term; and WHEREAS, the total amount expended for all tasks to be completed during the additional one­ year extension term shall not exceed the previously appropriated $167,460; and WHEREAS, sufficient funds are available within the Parks & Recreation Department operating budget; and WHEREAS, the City Planner has considered the potential environmental effects of this project and has been determined it to be exempt from environmental review in accordance with CEQA Guidelines Section 15262 -Feasibility and Planning Studies, and that no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the Mayor is hereby authorized and directed to execute Amendment No. 3 to the Professional Services Agreement with PROS Consulting for Parks & Recreation Department master and strategic planning services for a one-year term, attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of October, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None.MATT¾!!fJJ f!jv t'-FAVIOLA MEDINA, City Clerk Services Manager (SEAL) DocuSign Envelope ID: F941C0CD-9ADE-4E50-8C5B-71D6DF568689 Attachment A RATIFICATION OF AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR PARKS & RECREATION MASTER AND STRATEGIC PLANNING SERVICES PROS CONSUL TING, INC. This Ratification of Amendment No. 3 is entered into as of the U day of �C@lo/1{ , 20.2J::,, but effective as of the 9th day of October, 2022, extending the agreement dated October 9, 2019 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and PROS Consulting, Inc., ("Contractor") (collectively, the "Parties") for master and strategic planning services. RECITALS A On September 21, 2020, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B.On September 29, 2021, the Parties executed Amendment No. 2 to alter the Agreement's scope of work to add Task 1: Additional Public Outreach and Engagement and Task 2: User Fee Comparison and Analysis and extend the Agreement for a period of one (1) year; and C.The Agreement, as amended from time to time expired on October 9, 2022, andContractor continued to work on the services specified therein without the benefit of an agreement; and D.The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.The retroactive extension and amendment of the Agreement is ratified. 2.That the Agreement, as may have been amended from time to time, is herebyextended for a period of one (1) year ending on October 9, 2023. 3.That the total amount expended for all tasks to be completed during the additional one-year extension term shall not exceed the previously appropriated $167,460. 4.All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5.All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill City Attorney Approved Version 8/2/2022 DocuSign Envelope ID: F941 C0CD-9ADE-4E50-8C5B-71 D6DF5686B9 6.The individuals executing this Amendment and the instruments referenced in iton 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. CONTRACTOR By: l,f/HJ UtJVfJ6fl, (sign here) Leon Younger, President (print name/title) By: llliw� u� (sign here) William Youn er, Secreta (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Mayor ATTEST: rFAVIOLA MEDINA - City Clerk Services Manager 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, orVice-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: CINDIE K. McMAHON, City Attorney By: 4lli.f:� fr�stDeputy City Attorney City Attorney Approved Version 8/2/2022 2