CC Resolution 13236 - Second Amendment with MRG, LLC RESOLUTION NO. 13236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING A SECOND AMENDMENT TO A CONTRACT WITH MUNICIPAL
RESOURCE GROUP, LLC FOR ON-DEMAND HUMAN RESOURCES CONSULTING
SERVICES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDED AGREEMENT
WHEREAS, on April 26, 2024, Municipal Resource Group, LLC ("MRG") submitted
a proposal to the City of Campbell ("City") to provide on-demand human resources
consulting services in light of recent Human Resource staff vacancies; and
WHEREAS, in response to the proposal, the City Manager approved and executed
a Consultant Services Agreement ("Agreement") with MRG with a not-to-exceed amount
within the City Manager's approval threshold for an initial contract term of three months
and a scope of services that included assistance with employee recruitment and
selection, employee and labor relations, review of policies and procedures and leave
guidance, classification analysis, discipline and retention, organizational assessments
and change management, and other special projects relating to technology upgrades;
and
WHEREAS, on August 20, 2024, the City Council approved a First Amendment to
Consultant Services Agreement ("First Amendment") to amend Exhibit "B" of the
Agreement to increase the hours needed to complete the scope of services and extend
the term through September 30, 2024; and
WHEREAS, the total cost of the First Amendment was $71,500 in addition to the
existing not-to-exceed amount, bringing the Agreement total to a not-to-exceed amount
of$121,500; and
WHEREAS, MRG submitted_ a request for a Second Amendment to Consultant
Services Agreement ("Second Amendment") to amend Exhibit "B" of the Agreement to
increase the hours needed to complete the scope of services and extend the term through
June 30, 2025; and
WHEREAS, this Second Amendment includes an additional 256 hours for on-
demand human resources services, and 25 hours, plus expenses incurred, for
investigative services; and
WHEREAS, the hourly rate remains unchanged for on-demand human resources
services which will be invoiced at $260 and $350 for investigative services; and
WHEREAS, the total cost of the Second Amendment was $78,435 in addition to the
existing not-to-exceed amount, bringing the Agreement total to a not-to-exceed amount
of$200,000; and
WHEREAS, Section 3.20.100 of the Campbell Municipal Code states that contracts
involving the expenditure or receipt of more than one hundred thousand dollars shall be
approved by the City Council; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Campbell hereby (1) approves the Second Amendment to Consultant Services
Agreement and (2) authorizes the City Manager to execute the Second Amendment to
Consultant Services Agreement with Municipal Resource Group, LLC to provide On-
Demand Human Resources consulting services for a contract amount not to exceed
$200,000.
PASSED and ADOPTED this 3rd day of December 2024, by the following roll call,
vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
H
Susan M. Lan ry, Mayor
ATTESY: dup
Andrea Sande , City Clerk
AMENDMENT TO CONSULTANT SERVICES AGREEMENT
AMENDMENT#2
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140
This Second Amendment to Consultant Services Agreement (hereinafter"Second Amendment"),
effective as of December 4, 2024, amends the Consultant Services Agreement (hereinafter
"Agreement")to provide on-demand human resources consulting services, originally entered into
on the 15th day of May 2024; by and between the City of Campbell (a Municipal Corporation,
hereinafter referred to as "City") and Municipal Resources Group, LLC (hereinafter referred to as
"Consultant" or "MRG") and thereafter amended by the First Amendment to the Consultant
Services Agreement(hereinafter, "First Amendment")on August 21, 2024.
RECITALS
WHEREAS, City and Consultant have previously entered into the Agreement dated May 15,
2024, incorporated herein by this reference; and
WHEREAS, City and Consultant have since agreed to amend the Agreement with a First
Amendment dated August 21, 2024 to extend the term of the Agreement set forth in section 10.9
to September 30, 2024, and to provide that the not-to-exceed amount stated in section 3.1 of the
Agreement be increased from$50,000 to $121,500; and
WHEREAS,Exhibit B of the Agreement was replaced by Amended Exhibit B; and
WHEREAS, City and Consultant desire to enter into this Second Amendment to further amend
the Agreement, as specified herein.
AGREEMENT
NOW,THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto,
and that the Agreement is hereby further amended as follows:
1. The not-to-exceed amount stated in section 3.1 of the Agreement is further increased from
$121,500 to $200,000;
2. The estimated term of the Agreement stated in section 10.9 of Agreement is further extended
from September 30, 2024 to June 30, 2025; and
3. Amended Exhibit B of the First Amendment is hereby replaced by the Second Amended
Exhibit B, which is attached hereto and incorporated herein.
Except as amended by this Second Amendment, all other terms and conditions as set forth in the
Agreement and attachments shall remain in effect. The terms of this Second Amendment shall
control if any conflict exists. Each party acknowledges that it has reviewed this Second
Amendment and that the normal rule of construction to the effect that any ambiguities are to be
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resolved against the drafting party shall not be employed in the interpretation of this Second
Amendment. The unenforceability, invalidity or illegality of any provision(s) of this Second
Amendment shall not render the other provisions unenforceable, invalid or illegal.
The Parties may execute this Second Amendment in two or more counterparts,which shall, in
the aggregate, be deemed an original, but all of which,together, shall constitute one and the same
instrument. A scanned, electronic, facsimile or other copy of a parry's signature shall be
accepted and valid as an original.
Signature Warranty:
The undersigned warrant and represent that each is authorized to enter into this Second
Amendment on behalf of themselves and the entities that they represent and that their respective
signatures serve to legally obligate their respective representatives,agents, successors,and assigns
to comply with the provisions of this Second Amendment.
This Second Amendment shall become effective upon its execution by the City, in witness
whereof,the parties have executed this Second Amendment the day and year first written above.
CONSULTANT CITY OF CAMPBELL
By: By:
Name: Mary Egan Name: Brian Leventhal
Title: CEO Title: City Manager
Date: Date:
Attachments:
Second Amended Exhibit B
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Second Amended Exhibit "B"
The City of Campbell (hereinafter referred to as "City") and Municipal Resources Group, LLC
(hereinafter referred to as "Consultant" or"MRG") are the parties to this Second Amendment to
Consultant Services Agreement(hereinafter"Second Amendment"). The City and MRG
anticipate an additional 256 hours to complete the project services,plus an additional 25 hours,
and related expenses, for investigative services. The parties also anticipate the need to further
extend the term of the original Consultant Services Agreement(hereinafter"Agreement")
through June 30, 2025. This Second Amendment will also add $78,500 to the current Agreement
amount of$121,500, which will be invoiced at$260 per hour for HR On-Demand Services, and
$350 per hour for Investigative Services.
The City agrees to pay MRG at the rate of$350.00 per hour for investigative services. When
appropriate, MRG will use a research assistant at$125.00 per hour to handle work
commensurate with his/her experience and expertise. Often new facts and witnesses are
discovered through the investigative process. As such, any estimates are for planning purposes.
The estimate for the requested matter is 25 hours plus expenses. MRG understands the need to
manage costs and do all it can to balance these concerns. MRG will notify the City if the scope
or witness list expands dramatically after the initial intake. Time charged will include, for
example,time spent interviewing witnesses,writing the report of findings, and performing
necessary research. The time charged will also include the time MRG spends on telephone calls
relating to the City's matter, including calls with witnesses,potential witnesses, or counsel
representing any of the parties. MRG will invoice for actual hours worked.
MRG may incur minor costs and expenses in performing services under this Second
Amendment. The invoice for this matter will include all costs and expenses incurred, in addition
to the hourly fee. Reimbursable expenses include but are not limited to; mileage reimbursement
at the current IRS rate per mile,postage, document production costs,transcripts,parking, tolls,
and travel accommodations (such as hotel and airfare) as needed, and electronic files (zip drive)
as needed. All costs and expenses will be charged at MRG's cost. MRG will invoice for all fees
upon delivery of the final written report or two weeks after delivery of the draft report,
whichever is sooner.
Each engagement shall be considered concluded after MRG has provided a final invoice for an
investigation. After the conclusion of each engagement, should a need arise for MRG to respond
to any subpoena, or to otherwise provide deposition or trial testimony about the matter, the City
shall compensate MRG at its then applicable rates for time expended, including time involved in
preparing for such deposition or testimony, or responding to any subpoena.
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