HomeMy WebLinkAboutAmendment AgreementContract Number: 0920920-01
Original Contract Number: 0920920
April 10 V. Robinson (vw)
City of Philadelphia
Office of Director of Finance
STANDARD AMENDMENT AGREEMENT
THIS STANDARD AMENDMENT AGREEMENT ("Amendment
Agreement") is made as of this64Y of �zl�
/ 2010, and effective the loth day of May
2010 (the "Effective Date"), by and between OF PHILADELPHIA (the "Cit)"), by
and through its Office of Director of Finance ("Department'), and PUBLIC FINANCIAL
MANAGEMENT, INC. ("Provider"), a corporation with its principal place of business located at
Two Logan Square, Suite 1600, 18th & Arch Streets, Philadelphia, Petuts lvartla 1 2770.
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BACKGROUND
MAY 2 4 Zu"
The City and Provider entered into a certain Contract, Contract Number 0920920,
dated June 18, 2009, for an Initial Term from May 14, 2009 through May 13, 2010, which
Contract includes the General Provisions, the Provider Agreement and any and all exhibits and
attachments thereto (collectively, the `Base Contract', wherein Provider agreed to render
various Services to the City in accordance therewith; and
It is necessary to increase the amount of compensation payable under the Base
Contract by SEVENTY-FIVE THOUSAND DOLLARS ($75,000,00), in order for Provider to
continue to render the Services and provide the Materials specified in the Base Contract.
The City and Provider have agreed to amend certain terns and conditions of the
Base Contract as set forth herein.
In consideration of the mutual obligations set forth herein, and each intending to
be legally bound, the City and Provider covenant and agree as of the Effective Date as follows:
PSC (SAA)
Rev. Date: March, 2010
Page t
ARTICLE I: AMENDMENTS TO THE CONTRACT
With the exception of the following amendments set forth in this Amendment
Agreement, and subject to councilmanic appropriation of finds, the terms and conditions of the
Base Contract shall be and remain in full force and effect:
1.1 Definitions.
Capitalized terms not otherwise defined herein shall have the meanings set forth
in the Base Contract.
1.2 Term.
The Base Contract is amended to add an Additional Term, commencing May 14,
2010, and expiring May 13, 2011.
1.3 Services.
Section 3.1 of the Base Contract is amended in accordance with the Exhibit listed
below, which is attached to this Amendment Agreement and incorporated in the Contract by
reference:
S.A.A.-1: Scope of Services
1.4 Compensation.
As compensation for the Services and Materials being provided under this
Contract, the City covenants and agrees to increase the amount of compensation payable to
Provider by SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00). Therefore,
notwithstanding anything in this Contract to the contrary, in no event shall the amount certified
by the Finance Department for Services and Materials under the Contract, including this
Amendment Agreement, exceed TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS
($275,000.00).
1.5 Other Amendments.
Article XIV, Section 14.3, Subsection (a) of the General Provisions, as amended,
entitled "Executive Order 02-05" is amended, in accordance with the Exhibit listed below,
PSC (SAA)
Rev. Date: March, 2010
Page 2
which is attached to this Amendment Agreement and incorporated in the Base Contract, as
amended, by reference:
S.A.A.-2: Exceptions to the General Provisions
IN WITNESS WHEREOF, the Parties, intending to be legally bound by all of the
Contract Documents, have caused this Amendment Agreement to be executed by their respective
duly authorized officers as of the date in the heading of this Amendment Agreement.
APPROVED AS TO FORM
SHELLEY R. SMITH, CITY SOLICITOR
Per: ` M- V --
VALERIE
-VALERIE M. ROBINSON
Senior Attorney
THE CITY OF PHILADELPHIA
Through: Office of Director of Finance
By-
Title:
y
Title: �Sr "
;Q 3Z&CMV IMViC"
CORPORATE SEAL: PUBLIC FINANCIAL MANAGEMENT,
INC.
By:
V
Title: if '
Pro
Vent ar Vice-Prstdent Ar -
Attest:
Title:
(Ass't) Secretary or (Ass't) Treasurer
PSC (SAA)
Rev. Date: March, 2010
Page 3
71-361
RLAW DEPARTMENT: The attached bid and award described below is referred to you for certification as to form, and where annual
is on file, to have Contractor post satisfactory band.
F
:bond
CT(
PublicFinancial Management Inc
FINANCE CONTR. NO
0920920
LAW DEPT. NO.
09 20920 01
AMT. OF CONTRACT
$275,000.00
ANN-SURETY 13OND
DESCRIPTION Financial Services Consul
PERIOD COVERED
5114/2009 - 5113/2011
ENDORSEMENT
Exam fined: p�L(F"'tt'-
Pat Preston(F
. the Director of Fnance I (Date)
city Controller)
(Date)
his Cx uact.appro ilr ' _ und> under the kci and appropriations pursuant to section S-200 (2) (d) ofthe Home Rule Charier.
OF7 I
e irt3ctar of Finwxe) (Data; (mor the City Co't-#ar) Male)
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DOC NO.
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ACCOUNT CODE
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DEPARTMENT OR AGENCY
A�'IOUNTCHARGEABLE
TO ACCOUNT'
RNP
DEPT
11.EME.NT
at&
ELEWNT
r
Previously Encumbered
$200,000.00
MDXXi0000937 01
010
35
01
01
0250
FINANCE
$75,000:00
E
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T`tt<r<t�
$275,000.00
Contract increased to $275,000.00.
Contract extended to 511312011.
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Pap e i oi` 1
71-361
EXHIBIT S.A..AA
SCOPE OF SERVICES
City of Philadelphia / PFM Financial Services Analysis
Corrections Officers, Deputy Sheriffs
PFM will assist the City in developing analysis and presentation materials for interest arbitration
with AFSCME Local 159 representing Corrections Officers and the FOP unit representing
Deputy Sberiffs and Register of Wills employees. For both units, PFM will assist the City with
analysis of economic and labor market data and surveys of other employers. For arbitration,
PFM will deliver a professional report and expert testimony regarding compensation and related
economic findings and analysis, and may provide research and general support for City witnesses
as directed. Specific areas of research may include, but are not limited to, the following:
Both Units:
• Summary of total compensation package and key elements;
• Internal comparison of bargaining unit wage trends to other City employees;
• Comparison of wage trends to change in consumer prices and other indexes;
• Comparison of bargaining unit benefits to trends in cost containment across the general
labor market, as well as public employers nationally and regionally,
• Analysis of economic factors impacting recent settlements, and projected to affect future
settlements, in the general labor market and among public employers specifically;
• Opportunity wage analysis of current compensation levels in the general labor market for
workers with similar qualifications and experience;
• Evaluation of recruitment and retention experience.
Corrections Officers:
Analysis of comparative wage and benefit levels among groupings of comparison
employers to be identified, potentially including larger PA counties and/or major cities
nationally with prison systems;
• Evaluation of the compensation relationship (current and trends) between Corrections
Officers and other employees of the comparison employers;
• Review of any significant differences in duties across the comparison group (e.g.,
prisoner transport).
Deputy Sheriffs:
• Analysis of comparative wage and benefit levels among groupings of comparison
employers to be identified, potentially including larger FA counties and/or major cities
nationally with related functions;
• Evaluation of the compensation relationship (current and trends) between Deputy Sheriffs
and other employees of the comparison employers;
• Review of any significant differences in duties across the comparison group (e.g., court
security, writ service, prisoner transport, policing);
• Survey comparisons for key work practices as identified by the City (e.g. transfer
policies).
PFM will also assist the City with the development and review of testimony by other (non -PFM)
witnesses as requested, and will help to evaluate the testimony of union experts regarding
compensation and economic issues, including development and delivery of rebuttal testimony as
warranted. Other analytical support will be provided as requested.
Estimated Fees:
For all services, we assume close cooperation with City staff, drawing on existing documents and
contacts as available to minimize cost. Hourly rates under our existing contract with the City are
$275 for Managing Directors; $225 for Senior Managing Consultants; $205 for Consultants;
$125 for Associates; and $90 for Research Assistants, plus reimbursement of actual expenses.
Given our current understanding of the likely need for negotiation and arbitration support, we
estimate the following cost for the above services:
Corrections Officers: $35,000
Deputy Sheriffs: $40,000
Total: $75,000
EXHIBIT S.A. A--2
EXCEPTIONS TO THE GENERAL PROVISIONS
EXHIBIT S.A.A. 2
EXCEPTIONS TO THE GENERAL PROVISIONS
Minoru, ,.Woman and Disabled Business Enterprise Participation
Subsection (a) of Section 14.3 of the General Provisions is deleted in its entirety and replaced
with the following.
14.3 Minority -Woman and Disabled Business Entemrise Participation
(a) Executive Orders 02-05 and 14-08. In accordance with Executive Orders
02-05 and 14-08 (the "Antidiscrimination Policy"), the City, acting through its Office of
Economic Opportunity ('OEO' ), has established an antidiscrimination policy that relates to the
solicitation and inclusion of Minority Business Enterprises ("MBE"), Woman Business
Enterprises ("WBE"), and Disabled Business Enterprises ("DSBE") (collectively,
"M/W/DSBFin City contracts. The purpose of this Antidiscrimination Policy is to ensure that
all businesses desiring to do business with the City have an equal opportunity to compete by
creating access to the City's procurement process and meaningfully increasing opportunities for
the participation by M/W/DSBEs in City contracts at all tiers of contracting, as prime
contractors, subcontractors and joint venture partners. In furtherance of this policy, the City will,
from time to time, establish participation ranges for City Contracts and City Related Special
Projects. Provider agrees to comply with the requirements of the Antidiscrimination Policy, and
where participation ranges are established by OEO, Provider agrees, without limitation, to
submit documentation responsive to each of the participation ranges established for the Contract.
(1) In furtherance of the purposes of the Antidiscrimination Policy,
Provider agrees to the following:
a) Provider, if it has achieved participation commitments with
M/W/DSBEs, represents that it has entered into legally binding agreement(s) with M/W/DSBEs
as participants under this Contract for the services and in the dollar amount(s) and percentage(s)
as specified in the M/W/DSBE Participation Exhibit to this Contract
b) Provider shall secure the prior written approval of the
Office of Economic Opportunity ("OEO'), before making any changes or modifications to any
Contract commitments made by Provider herein, including, without limitation, substitutions for
its MBEs, WBEs and/or DSBEs, changes or reductions in the services provided by its
M/W/DSBE Subcontractors, or changes or reductions in the dollar and/or percentage amounts of
commitments with its M/W/DSBE Subcontractors.
C) Unless otherwise specified in a legally binding agreement
as described in (1) (a) above, Provider shall, within five (5) business days after receipt of a
payment from the City for work performed under the Contract, deliver to its M/W/DSBE
Subcontractors the proportionate share of such payment for services performed by its
Contract No.: 0920920-01
M/W/DSBE Subcontractors. In connection with payment of its M/W/DSBE Subcontractors,
Provider agrees to fully comply with the City's payment reporting process which may include
the use of electronic payment verification systems.
d) Provider shall, in the event of an increase in units of work
and/or compensation under the Contract, increase its commitments with its M/W/DSBE
Subcontractors proportionately. OEO may from time to time request documentation from
Provider evidencing compliance with this provision.
e) Provider shall submit, within the time frames prescribed by
the City, any and all documentation the City may request, including, but not limited to, copies of
Subcontract(s) with MlW/DSBEs, participation summary reports, M/W/DSBE Subcontractor
invoices, telephone logs and correspondence with M/W)DSBE Subcontractors, cancelled checks
and certification of payments. Provider shall maintain all documentation related to this Section
for a period of five (5) years from the date of Provider's receipt of final payment under the
Contact.
f) Provider agrees that the City may, in its sole discretion,
conduct periodic reviews to monitor Provider's compliance with the terms of this
Antidiscrimination Policy.
g) Provider agrees that in the event the City determines that
Provider has failed to comply with any of the requirements of this Antidiscrimination Policy, the
City may, in addition to any other rights and remedies it may have under the Contract which
includes termination of the Contract, exercise one or more of the following remedies which shall
be deemed cumulative and concurrent:
1) Debar Provider from proposing on and/or
participating in any future contracts for a maximum period of three (3) years.
2) Recover as liquidated damages, one percent (10/6) of
the total dollar amount of the Agreement, which amount shall include any increase by way of
amendments to the Contract, for each one percent (1%) (or fraction thereof) of the shortfall in
comraitment(s) to Provider's M/W/DSBE Subcontractors.
h) No privity of contract exists between the City and any
MIWJDSBE Subcontractor identified herein and the City does not intend to give or confer upon
any such M/W/DSBE Subcontractor(s) any legal rights or remedies in connection with the
subcontracted services pursuant to the Antidiscrimination Policy or by reason of this Contract
except such rights or remedies that the M/W/DSBE Subcontractor may seek as a private cause of
action under any legally binding contract to which it may be a party. The remedies enumerated
above are for the sole benefit of the City and City's failure to enforce any provision or the City's
indulgence of any non-compliance with any provision hereunder, shall not operate as a waiver of
any of the City's rights in connection with this Contract nor shall it give rise to actions by any
third parties including identified M/WIDSBE Subcontractors.
Contract No.: 0920920-01
(2) In the event the Provider is a non-profit, the Contract is not subject
to M/W/DSBE participation ranges, but Provider shall demonstrate its compliance with the
Antidiscrimination Policy in the following manner.
a) Provide to the OEO annually, a written diversity program
identifying the race, gender and ethnic composition of its board of directors, its employment
profile, a list of all vendors that the non-profit does business with in its M/W/DSBE
procurement program and a statement of the geographic area(s) where its services are most
concentrated; and
b) Demonstrate, to the OED's satisfaction, that the non -
profit's organization makes appropriate efforts to maintain a diverse workforce and board of
directors and operates a fair and effective M/W/DSBB procurement program.
(3) It is understood that false certification or representation made in
connection with this Antidiscrimination Policy may be subject to prosecution under Title 18
Pa.C.S. Sections 4107.2 and 4904.
Contract No.: 0920920-01