HomeMy WebLinkAboutContract 1946-1 C1q(Ae-
FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN THE CITY OF
CATHEDRAL CITY AND MKASHIWAGI CONSULTING, LLC
This First Amendment to Services Agreement ("First Amendment") is entered into
as of April 13, 2022, by and between the City of Cathedral City, a municipal corporation
("City"), and Mkashiwagi Consulting, LLC, a California Limited Liability Company
("Consultant"). The City and Consultant are collectively referred to as the "Parties".
RECITALS
A. City and Consultant previously entered into a Services Agreement ("Agreement").
C. This First Amendment extends the term of the Agreement, amends the
compensation provisions, and updates Exhibit A to the Agreement.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein,
the Parties do hereby enter into this First Amendment which modifies and amends the
Agreement as follows:
1 . AGREEMENT TO AMEND THE TERM. Section 1 of the Agreement is hereby
amended and restated as follows: "Subject to the provisions of Section 20 "Termination
of Agreement" of this Agreement, the Term of the Agreement shall extend to one (1)
year after the execution of the First Amendment by the Parties."
2. COMPENSATION. The following language shall be added to Section 4,
subsection (b) of the Agreement: "Compensation for Phase II of the Scope of Services,
will be at a rate of $150.00, per hour. The City shall pay a total not-to-exceed amount of
$195,000 for all Phase II services, which includes all travel expenses incurred as part of
the hourly rate."
3. EXHIBITS. Exhibit A, attached hereto and incorporated herein, shall be added to
Exhibit A of the Agreement.
4. GENERAL PROVISIONS.
4.1 Remainder Unchanged. Except as specifically modified and amended in
this First Amendment, the Agreement remains in full force and effect and binding upon
the Parties.
4.2 Integration. This First Amendment constitutes the entire understanding
and agreement of the Parties and supersedes all negotiations or previous agreements
between the Parties with respect to all or any part of the transaction discussed in this
First Amendment.
4.3 Effective Date. This First Amendment shall not become effective until the
date it has been executed by the appropriate authorities of the Parties.
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4.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this First Amendment.
4.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this First Amendment have the same
meaning as provided in the Agreement, unless expressly stated to the contrary in this
First Amendment.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment
to the Agreement on the date and year first written above.
CITY OF CATHEDRAL CITY
Charles P. McClendon
City Manager
ATTEST:
Tracey R,3--lermosillo, CMC
City Clerk
APPROVED AS TO FORM
OP
4101P
Eric S. Vail
City Attorney
CONSULTANT:
Date: a --zo - z-oz-Z By:
Michael N. .wagi, P.E.
Its:
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EXHIBIT A
Phase II Scope of Services
Phase II Services will provide ongoing support to the public works organization as well as
project specific assignments as determined by the City Manager's office. It is anticipated that
Michael Kashiwagi will be available 20-25 hours per week which includes being onsite 2 days
per week. He will also be available remotely via email, telephone, and virtual meetings.
Specific assignments could include but not limited to:
Project Management
• Pavement Management Update
• Fiber Optic Project
• Fleet Assessment (potential transition to Enterprise Fleet Management Services)
• Five-Year CIP Budget Plan/CIP Consultant Utilization
• Creation of a Development Services Process/Strike Team
Guidance and Advisory Role
• Five-Year Strategic Master Plan
• Process Efficiency Changes
• Organizational Restructuring/Staff Assignments
• Staff Report Review
In addition to the above, other assignments as determined by the City Manager's office.
Compensation
Work performed will be invoiced on a Time and Materials basis. The hourly rate will be $150/hr
which is inclusive of all travel related and other miscellaneous expenses.