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Home My WebLink AboutAGENDA REPORT 2023 0906 CCSA REG ITEM 10OCITY OF MOORPARK,  CALIFORNIA City Council Meeting of September 6, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. O. Consider Amendment No. 2 to Agreement with Linda Demmers Library Consultant Adding Contingency for Services Related to Library Programming and Development. Staff Recommendation: Approve Amendment No. 2, adding contingency amount of $5,000, with Linda Demmers Library Consultant, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. (Staff: Jessica Sandifer, Deputy Parks and Recreation Director) Item: 10.O. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jessica Sandifer, Deputy Parks and Recreation Director DATE: 09/06/2023 Regular Meeting SUBJECT: Consider Amendment No. 2 to Agreement with Linda Demmers Library Consultant Adding Contingency for Services Related to Library Programming and Development BACKGROUND In December 2017, the City Council awarded an Agreement to Linda Demmers Library Consultant for services related to space planning and design for the new Moorpark City Library. In July 2022, the Agreement was amended to add additional services related to an extended schematic design phase resulting from the change in project Architect. DISCUSSION Staff is requesting an amendment to Linda Demmers agreement to add a contingency for various as needed services through the remainder of the project. As an example of such services, when the City Council recently considered options related to a possible reduction in the size of the New Moorpark City Library, Ms. Demmers assisted staff with facilitation of options related to downsizing the footprint and attendance during the City Council meeting. Staff anticipates having additional needs through the course of the project. The amended contract Not-to-Exceed (NTE) amount was $55,840. Staff is requesting an additional $5,000 in contingency be added to the Agreement, which increases the NTE to $60,840. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. Item: 10.O. 355 Honorable City Council 09/06/2023 Regular Meeting Page 2 FISCAL IMPACT There are sufficient funds in the Fiscal Year 2023/24 budget to fund these additional services, no budget amendment is needed. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Goal 1, Objective 1.6, “New Moorpark City Library.” STAFF RECOMMENDATION Approve Amendment No. 2, adding contingency amount of $5,000, with Linda Demmers Library Consultant, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. Attachment: Amendment No. 2 with Linda Demmers for Library Consulting Services 356 AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND LINDA DEMMERS FOR LIBRARY CONSULTING SERVICES This Amendment No. 2 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Linda Demmers, a sole proprietor (“Consultant”), for library consulting services (“Agreement”), is made and entered into on ______________________________. RECITALS WHEREAS, on February 14, 2018, the City and Consultant entered into an Agreement to have the Consultant provide library consulting services; and WHEREAS, on August 17, 2022, the City and Consultant entered into Amendment No. 1 to increase the compensation for services to $55,840 for additional work related to Design Development; and WHEREAS, the City and Contractor now desire to amend the Agreement to increase the compensation for services to be performed by Contractor from fifty-five thousand eight hundred forty dollars ($55,840) by a value of five thousand dollars ($5,000) for a total contract value of sixty thousand eight hundred forty dollars ($60,840), and document said agreement to amend by jointly approving Amendment No. 2 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 2, SCOPE OF SERVICES, is amended by replacing this section in its entirety as follows: “City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide consulting services for a new Moorpark Library, as set forth in Exhibits C, and D. In the event there is a conflict between the provisions of Exhibits C, and D, and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibits C and D. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibits C and D. Compensation for the services to be performed by Consultant shall be in accordance with Exhibits C, D, and E. Compensation shall not exceed the rates or total contract value of fifty-five thousand eight hundred forty dollars ($55,840) as stated in Exhibits C and D, plus a contingency of five thousand dollars ($5,000) for a total contract not-to-exceed value of sixty ATTACHMENT 357 Amendment No. 2 to Agreement between City of Moorpark and Linda Demmers Page 2 thousand eight hundred forty dollars ($60,840), without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” II.Section 5, PAYMENT, is amended by replacing the second paragraph in this section as follows: “The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibits Cand D, based upon actual time spent on the above tasks. This amount shall not exceed sixty thousand eight hundred forty dollars ($60,840), which includes a contingency of five thousand dollars ($5,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.” III.Remaining Provisions: Except as revised by this Amendment No.2, all of the provisions of the Agreement shall remain in full force and effect. In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK LINDA DEMMERS _______________________________ _______________________________ Troy Brown City Manager Linda Demmers Sole Proprietor Attest: _______________________________ Ky Spangler City Clerk 358 Amendment No. 2 to Agreement between City of Moorpark and Linda Demmers Page 3 Exhibit E Proposal for Professional Services City of Moorpark Library Project Additional Scope of Work 1.Prepare four options to reduce the 17,250 square foot library building program by 3,000 square feet. 2.Provide summary of reduced square footage for each space and include detail for furniture and equipment, collections, meeting seats, reader stations, and special function areas for each of four options. 3.Discuss the potential changes caused by the reductions with Moorpark City staff. 4.Prepare presentation for Moorpark City Council meeting. 5.Attend the Moorpark City Council meeting and discuss the impact of space reductions. Hourly Rate $125/hr Total NTE Proposal $2,125 Tasks 1 – 3 Tasks 1 – 3 12 hours Tasks 4 – 5 5 hours Linda Demmers Library Planning Consultant 11786 Moorpark Street Unit E Studio City, California 91604 359