HomeMy WebLinkAbout08-15-2017 Item 12 - Amendment to the Agreement with Barnett Cox & Associates (BCA) for Communications Support Services Meeting Date: 8/15/2017
FROM: Derek Johnson, Assistant City Manager
Prepared By: Greg Hermann, Assistant to the City Manager
SUBJECT: AMENDMENT TO THE AGREEMENT WITH BCA FOR
COMMUNICATIONS SUPPORT SERVICES
RECOMMENDATION
Approve the amendment to the agreement with BCA for communications support services.
DISCUSSION
On July 19, 2016, the City Council approved the issuance of a Request for Proposals (RFP) for
consultant services for community outreach and communications support services. The City
Council also authorized the City Manager to award the contract for a one year term if the
proposals were within the project budget of $139,500 with the possibility of one extension.
BCA was the firm selected at the conclusion of the RFP process and an agreement was executed
on September 18, 2016.
The agreement template used for the RFP and final agreement had errors in two sections that
require modification through the proposed amendment. The recommended changes do no
substantively effect the scope or deliverables, but one is an important clarification on the total
possible extension terms of the agreement.
The first revision is to Section 1, Term. As written, the section allows for extensions, but does
not specify the number and duration of extensions or the approving authority. Per standard
practice, it is recommended that the total possible aggregate term does not exceed five years.
Because the proposed initial term for this Agreement is one year and the RFP referenced a
single, one year extension, it is recommended that one, one-year extension be allowed with City
Manager approval, based on performance of the contractor, for a total possible term of two years.
The second change is to the Section 3, City’s Obligation. The section currently contains minor
inaccuracies of the description of services and the proposed changes correct those.
FISCAL IMPACT
There is no fiscal impact associated with this action as funds are already budgeted for this
contract. Also, the additional language regarding the extension does not bind the City monetarily,
but rather provides the option to continue the contract should the City choose to.
ALTERNATIVES
1. Do not approve the amendment. This is not recommended as the City Attorney’s Office has
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requested that the terms of the original agreement be modified as recommended.
2. Change the amendment. Should the City Council wish to modify the amendment, specific
direction should be provided as to what changes are desired.
Attachments:
a - BCA Amendment
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AMENDMENT TO AGREEMENT FOR COMMUNICATIONS SUPPORT SERVICES
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on
, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after
referred to as “City”, and BARNETT COX & ASSOCIATES, hereinafter referred to as “Contractor”.
WITNESSETH:
WHEREAS, on September 18, 2016, the City entered into an Agreement with Contractor for
communications support services per Specification No. 91493 ; and
WHEREAS, the City desires to amend the terms of the agreement to clarify the extension process and
correct a minor inaccuracy.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. Section 1 of the Agreement is modified to read as follows:
The term of this Agreement shall be from the date this Agreement is made and entered, as first
written above, for a period of one year with the potential of one, one-year extension based on the
performance of the Contractor as approved by the City Manager.
2. Section 3 of the Agreement is modified to read as follows:
For providing communication support services as specified in this Agreement, City will pay
Contractor in accordance with compensation set forth Exhibit A.
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first written above.
CITY OF SAN LUIS OBISPO CONTRACTOR
By: ____________________________________ By: ____________________________________
City Manager
APPROVED AS TO FORM:
_____________________________________
City Attorney
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