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HomeMy WebLinkAbout16. Approve an Amendment to the Agrmt w-Sutherland Consulting Group, Inc. for E-Rate Consulting Srvcs.-LibraryIi=llfs\[!• TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF BY: BENJAMIN DICKOW,DIRECTOR APPROVEr TO THE AGREEMENT WITH SUTHERLAND CONSULTING• That the City Council approve an amendment to the agreement with Sutherland Consulting Group, Inc. to continue E -Rate Consulting Services for the Downey City Library; and, authorize the Mayor to execute the Amendment. The City of Downey entered into an agreement with Sutherland Consulting Services, Inc., on May 20, 2015, in order to provide consulting services to the Downey City Library related to securing funds available through the federal E -Rate program. E -Rate is a federal program that assists qualifying libraries and schools with the costs of improving their internet hardware and cabling and also assists with ongoing costs of their Internet Service Providers (ISP) costs. In 2015, the Downey City Library was selected to access E -Rate funds for 5 years, until 2020. Since then, and with the help of Sutherland Consulting, the Library has saved nearly $400,000 on internet infrastructure projects that include bringing the wifi network from a 30 million bits per second connection to a 1 giga (billion) bits per second connection. E -Rate funds secured by the consultant also offset costs associated with the City's Virtual Library that brings free wifi access to several sites around the City. Based on the ongoing, annual needs of the Library and the past performance of the consultant, the Library would like to amend the original agreement and allow for the continuation of services by Sutherland Consulting Services through the life of the Library's E -Rate eligibility and as per the term of the agreement. Quality of Life, Neighborhood & Infrastructure Fiscal Responsibility APPROVE AN AMENDMENT TO THE AGREEMENT WITH SUTHERLAND CONSULTING GROUP, INC. JUNE 11, 2019 PAGE 2 The amended agreement with Sutherland Consulting Services continues a flat rate not to exceed $7500 per contract year. The terms of the amendment continue the agreement year-to-year until or unless terminated by either party upon ten (10) days written notice. Since the agreement was finalized in 2015, the consulting cost has been factored into the Library's annual budget. This amendment would not change that. ATTACHMENTS Attachment A: -Amendment. F THIS AMENDMENT No. 1 ("Amendment') is entered into this 11th day of June, 2019, by and between the City of Downey, a California municipal corporation and charter city ("City") with its principal place of business at 11111 Brookshire Avenue, Downey, CA 90241 and EdTechnology Funds, Inc., a division of the Sutherland Consulting Group, Inc., a California Corporation ("Consultant") with its principal place of business at 2400 N. Lincoln Avenue, Altadena, CA 91001. City and Consultant are sometimes individually referred to as the "Party and collectively as the "Parties". WHEREAS, City and Consultant entered into a Professional Services Agreement ("Agreement") on May 20, 2015 for E -Rate funding consultation services as more specifically described in the Agreement; WHEREAS, the Parties desire to make certain amendments to the Agreement as set forth herein; and WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows: Section 1 AMENDMENTS. A. City and Consultant hereby amend Section 10 ("Term") of the Agreement to read as follows: "The term of this Agreement shall be for a period commencing from May 20, =2015 and continuing year-to-year until or unless terminated by either party pursuant to Section 16." B. City and Consultant hereby amend Section 11 ("Compensation") subsection (A) of the Agreement to read as follows: "A. CONSULTANT will perform those tasks and deliver the services described in this Agreement in accordance with the terms and provisions of this Agreement for the flat rate not to exceed Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00) per contract year." C. City and Consultant hereby amend Section 12 ("Payment Schedule") subsection (A) of the Agreement to read as follows: "A. CONSULTANT shall submit to CITY an invoice by no later than May 1st of each contract year which describes the work- completed and hours of services rendered by CONSULTANT. CITY shall within thirty (30) days of receiving such invoice, review the invoice and pay all approved charges thereon." Section 2. The rights, obligations and fees of the Parties under the Agreement shall not otherwise be amended, altered or revised except as expressly provided for herein and all other terms of the Agreement shall remain in full force and effect. Section 3. This Amendment may be executed in counterparts, each of which shal' be deemed an original, but all of which, together, shall constitute one and the same instrument. TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly authorized representatives to execute this Amendment to the Agreement on the dates set forth below. City: City of Downey .. division of the Sutherl nd Consulting Group, i Rick Rodriguez, Mayor Date: ATTEST: 13 City Clerk APPROVED AS TO O. C 2. m. � " 6,�� �4' Date: o 2