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HomeMy WebLinkAboutA9029 - WIDE EDUCATION TECHNOLOGYDocuSign Envelope 10 : 301EDC8E-A87B-4EA3-B66C-E05610D6AOFC AMENDMENT NO. 1 TO THE WORKFORCE AND BUSINESS DEVELOPMENT FOR THE CANNABIS EQUITY PROGRAM BETWEEN THE CITY PALM SPRINGS AND WISE EDUCATION TECHNOLOGY DBA OAKSTERDAM UNIVERSTY, A CALIFORNIA CORPORATION 1. Parties and Date. This Amendment No. to the Workforce and Business Development for the Cannabis Social Equity Program agreement is made and entered into as of this 20th day of January , 2022 , by and between the City of Palm Springs ("City") and Wise Education Technology dba Oaksterdam University, a California Corporation with its principal place of business at 3630 High Street #192 71 Oakland, California 94619 (Contractor). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Contractor have entered into an agreement entitled "Workforce and Business Development for the Cannabis Social Equity Program" dated December 20, 2021 ("Agreement" or "Contract") for the purpose of retaining the services of Contractor to provide workforce and business development services for the Cannabis Equity Program. Compensation for the Agreement shall not exceed $24 ,995.00 2.2 Amendment. The City and Contractor desire to amend the Agreement to include additional services where Contractor will define training objectives and provide essential training subjects for professional development and program development topics, program management, and social equity. Education will include formal (synchronous with experts) and informal (asynchronous online) instruction. Compensation for the Agreement shall not exceed $34,995.00 . The City must remain compliant to budgeted items as submitted to the California Governor's Office of Business and Economic Development (GO Biz) agreement CEG-2020-38 and CEG-2021-245. Therefore, pursuant to section 1.1 Scope and Services as amended , compensation for items A and B pertain to CEG-2021-245 in the amount of $24,995 .00 and compensation for item C pertains to CEG-2020-38 in the amount of $10,000 .00 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement. 3. Terms. 3.1 Contractor Services. Section 1.1 Scope and Services of the Agreement is hereby amended in its entirety to read as follows : "1.1" Scope and Services. In compliance with all terms and conditions of this agreement. Contractor shall provide services to the City as described in the Scope of Services /Work attached this agreement as Exhibit "A" and incorporated herein by reference (the "S ervices" or "Work"). Exhi bit "A" Page 1 of 5 Revised: May 2020 55575 .18165 \32972087 .1 DocuSign Envelope ID: 3C4AA390-D84E-4E5F-BEEC-83A94B3310BADocuSign Envelope ID: D8091C0A-AE6E-41E7-B1CB-E2C71C099E6A DocuSign Envelope ID : 301EDC8E-A87B-4EA3-B66C-E05610D6AOFC includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the le vel of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services /Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. "Exhibit "A" is hereby amended to include: 1.1 Scope: The Contractor shall provide adequate professional resources to fulfill the scope of services outlined below which include: A. Workforce Development: Provide cannabis-related professional development. Providing an overview of job responsibilities and skills depending on the type of work, including , but not limited to , cultivation, management, compliance (e.g. METRC) and financial literacy . B. Business Development: Provide one-on-one consultation, and to develop educational materials to clarify the various aspects of staring a business and to operate successfully . This type of support includes - Regulatory Compliance; Managing a cannabis business , including hiring and training staff; Marketing and advertising ; Financial advice (e.g. accounting , and tax liability). Must have familiarity with engaging small business owners, writing standard operating procedures , and strong familiarity with State and Local cannabis laws and regulations. C. Educational Development: Define training objectiv es and prov ide essential training subjects for professional de ve lopment and program development topics, program management, and social equity. E ducation will include formal (synchronous with experts) and informal (asynchronous online) instruction. Compensation of Contractor. Section 3.1 Compensation of Contractor of the Agreement is hereby amended in its entirety to read as follows: 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this agreement in accordance with the schedule of fees set forth in exhibit "A". The total amount of compensation shall not exceed $34,995.00. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No . 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No . 1 whenever Pa ge 2 of5 Revised: May 2020 55575 .18165\32972087 .1 DocuSign Envelope ID: 3C4AA390-D84E-4E5F-BEEC-83A94B3310BADocuSign Envelope ID: D8091C0A-AE6E-41E7-B1CB-E2C71C099E6A DocuSign Envelope ID : 301 EDC8E-A87B-4EA3-B66C-E05610D6AOFC the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.1 3.4 Severability. If any portion of this Amendment No . 1 is declared invalid, illegal , or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No . lmay be executed in duplicate originals , each of which is deemed to be an original , but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 3 of5 Revised : Ma y 202 0 555 75 .181 65\3 2972 08 7 .1 DocuSign Envelope ID: 3C4AA390-D84E-4E5F-BEEC-83A94B3310BADocuSign Envelope ID: D8091C0A-AE6E-41E7-B1CB-E2C71C099E6A DocuSign Envelope ID : 301EDC8E-A87B-4EA3-B66C-E05610D6AOFC SIGNATURE PAGE FOR AMENDMENT NO. 1 TO WORKFORCE AND BUSINESS DEVELOPMENT FOR THE CANNABIS EQUITY PROGRAM AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND WISE EDUCATION TECHNOLOGY DBA OAKSTERDAM UNIVERSTY , A CALIFORNIA CORPORATION IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Workforce and Business Development for the Cannabi s E quity Program Agreement as of the day and year first above written. CITY OF PALM SPRINGS Approved By: Justin Clifton City Manager Date Attested By : Anthony Mejia City Clerk Approved as to Form: Jeffrey S. Ballinger City Attorney Date: Agreement No. __ 5557 5.18165\32972087 .1 Wise Education Technology dba Oaksterdam University, a California Corporation ~~lg~~~ L Ae8e5eue l!e4E8 ... Signature Dale Sky Jones Name President and CEO Title Signature Name Title Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Page 4 of 5 Revi sed : M ay 2020 DocuSign Envelope ID: 3C4AA390-D84E-4E5F-BEEC-83A94B3310BA Carolyn Sue Trout Carolyn SueTrout DocuSign Envelope ID: D8091C0A-AE6E-41E7-B1CB-E2C71C099E6A A9029 2/3/2022 2/3/2022