HomeMy WebLinkAboutCONCORDE CONSULTING, INC. 1B - 2009
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INSURANCE NOT ON FILE
WORKMAYNQIPROCEED
CLERK OF COUNCIL
~ DATE: \0 -\2-tA
THIS SECOND AMENDMENT TO AGREEMENT, is entered into on September 8,
2009, by and between CONCORDE CONSULTING, INC, a California corporation
(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
A-2009-l49
SECOND AMENDMENT TO AGREEMENT
RECITALS:
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A. The parties entered into Agreement # A-2007-144, dated June 18,2007, (hereinafter
"said Agreement") by which Consultant has provided temporary technical personnel
to assist the City's Information Technology department with various projects and on a
consulting basis.
B. The parties executed an Amendment dated October 6, 2008, by which the term was
extended and compensation added to pay for services during the extended term.
C. In accordance with the terms and conditions of said Agreement, the parties wish to
again extend the term of said Agreement and increase compensation to pay for
services during the extended term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
Second Amendment to Agreement, the parties agree as follows:
1. Section I, "Scope of Services", shall be amended to amend Section 6.27 of Exhibit
A-I, "Work Week/Hours and Conditions", to read as follows:
The official City workweek is a schedule of Monday through Friday (five days).
Contractor normal working hours are usually 8:00 a.m. to 5:00 p.m., Monday
through Friday with one (1) unpaid hour for lunch. (See Section 6.13 for related
instructions on overtime and holidays.) Citv reserves the right to request
Vendor's personnel to provide services on schedules less than full work davs
and/or work weeks. Anv reduction in a currentlv filled work schedule will be
identified bv Citv with five (5) work dav advance notice.
Some assignments will require Vendor's Personnel to work with City departments
which operate under alternative work schedules. Vendor's assigned personnel
will be expected to adopt such work schedules. Occasionally a part-time
assignment is required for which a work schedule will be identified in advance.
Work will be performed at City offices. Many City departments have operating
locations throughout the City. Vendor's personnel may expect to work at any or
all of these locations as needed by the assignment.
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Temporary personnel will be required to follow the standard operating procedures
of the Information Services Division and any other special procedures of the
internal City customers being serviced during the engagement. The City will
specify a time for the temporary employee's arrival at the job location. Time will
start upon the temporary employee's arrival at the job station and end when the
emplovee they leave~ the job station at the end of the specified workday."
2. Section 3, "Term", shall be deleted in its entirety and replaced with the following:
"The term of said Agreement shall commence July I, 2007 and terminate on
expenditure of allocated funds, unless earlier terminated in accordance with
Section 13, below. The City shall have the option, at City's discretion, to renew
this Agreement for up to two (2) additional one-year periods."
3. Section 4, "Compensation, shall be amended to increase total compensation by
$3,590,000.00, to pay for additional services provided during the extended term of said
Agreement. Said Section 4, shall read in full as follows:
"a. The City agrees to pay, and Consultant agrees to accept as total payment for
its services pursuant to this Agreement, the rates and charges set forth in Vendor's
Cost Proposal, attached to said Agreement as Exhibit B. Total compensation,
payable to any or all vendors for Temporary Technical Contract Service
Personnel, collectively, shall be increased by $3,590,000 to pay for services
during the extended term. Said total compensation shall be allocated among the
Vendors selected by the City, at the City's sole discretion.
b. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed andlor products purchased, subject to
City accounting procedures. Payment need not be made for work that fails to meet
the standards of performance set forth in the Recitals which may reasonably be
expected by City."
4. Except as hereinabove modified, all terms and conditions of said Agreement shall
remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date and year first written above.
CITY OF SANTA ANA
ATTEST:
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MARIA D. HUIZAR
Clerk of the Council
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DAVID N. REAM
City Manager
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APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
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By: 0 04.,-
Laufa eedy /
Assistant City Attorney
CONCORDE CONSULTING, INC.
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