HomeMy WebLinkAboutAgreement A-16-504-2 with Abbe Associates LLC.pdf 19-0773 Agreement No. 16-504-2
1 AMENDMENT II TO AGREEMENT FOR CONSULTANT SERVICES
2 THIS AMENDMENT (hereinafter "Amendment No. 2") to Agreement No. 16-504
3 (hereinafter "Agreement") is made and entered into this 6th day of August 2019, by
4 and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
5 hereinafter referred to as "COUNTY", and ABBE & ASSOCIATES, LLC, located at 1028 Fair
6 Oaks Avenue, Alameda, CA 94501 , hereinafter referred to as "CONSULTANT".
7 WITNESSETH:
8 WHEREAS, the COUNTY and the CONSULTANT entered into County Agreement No.
9 16-504, dated August 9, 2016, as amended by Amendment No. 1, effective July 11, 2017,
10 pursuant to which the CONSULTANT agreed to provide, and has been providing, professional
11 services related to the development of a strategic solid waste management plan to administer
12 and manage the various solid waste stream through the County; and
13 WHEREAS, the COUNTY and the CONSULTANT now desire to amend the Agreement,
14 in order to allow for the development of ESAP Agreement amendment; and
15 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
16 which is hereby acknowledge, the COUNTY and the CONSULTANT hereby agree to as follow:
17 1. Article V of the Agreement, located at page 10, line 26 through page 11, line 1
18 thereof of the original agreement 16-504, as amended on page 1, line 21
19 through page 2, line 5 of Amendment 16-504-1 is hereby deleted in its entirety
20 and replaced with the following:
21 W. TERM
22 This Agreement shall take effect on August 9, 2016, the date of its approval and
23 execution by COUNTY'S Board of Supervisors ("BOARD"), and shall have an initial
24 term of one (1) year, through and including August 8, 2017. As modified by the
25 BOARD'S approval of this Amendment No. 1, the term of this Agreement is hereby
26 extended for one (1) additional twelve (12) month period, and unless further extended shall
27 expire on August 8, 2018. The term of this Agreement may be further extended for one
28 (1) additional twelve (12) month period, upon written approval of both COUNTY and
1 CONSULTANT, no later than July 9, 2018 (which is thirty (30) days prior to the first day of
2 the second of the two potential twelve (12) month extension periods). The Director of the
3 Department of Public Works and Planning or his or her designee ("DIRECTOR") is
4 authorized to execute such written approval on behalf of COUNTY, based on
5 CONSULTANT'S satisfactory performance, as provided herein.
6 The term of this Agreement is hereby extended for one (1) additional six (6) month
7 period, and unless further extended shall expire on February 8, 2020 unless this Agreement is
8 terminated sooner as provided herein."
9 2. Article VI of the contract, Section A, located at page 11, line 3 through page
10 11, line 6 of Agreement 16-504, as amended on page 2, line 10 through page 2, line 17 of
11 Amendment 16-504-1, is hereby deleted in its entirety and replaced with the following:
12 "Notwithstanding any other provision in this Agreement, the Total Fee for the
13 services required under this Agreement shall not exceed One Hundred Fifty Thousand
14 Dollars ($150,000) for the initial one-year term, and shall not exceed Seventy Five
15 Thousand Dollars ($75,000) per year for each of the two (2) additional potential one
16 year extension terms.
17 The Total Fee for services for August 9, 2019 to February 8, 2020 shall not exceed
18 Thirty Seven Thousand Five Hundred Dollars ($37,500). The maximum amount of
19 compensation for services performed under this Agreement would be Three Hundred Thirty
20 Seven Thousand Five Hundred Dollars ($337,500)."
21 3. That the portion of Article VI, Section B, located at page 11, line 7 through
22 page 11, line 10 of Agreement 16-504, as amended on page 2, line 18 through page 2,
23 line 24 of Amendment 16-504-1, is hereby deleted in its entirety and replaced with the
24 following:
25 "B. Basic Fee:
26 The Basic Fee for services required under Article IV shall be invoiced at the rates
27 shown in the CONSULTANT'S Proposal (and in the immediately following Paragraph 1
28 of this Section VI.B), and shall not exceed One Hundred Thirty Thousand Ninety Dollars
1 ($130,090) for the initial one-year term, and shall not exceed Sixty-Five Thousand Dollars
2 ($65,000) per year for each of the two (2) additional potential one-year extension terms.
3 The Basic Fee for services shall not exceed Thirty Two Thousand Five Hundred Dollars
4 ($32,500) for services to be performed August 9 2019 to February 8, 2020."
5 4. That the portion of Article VI, Section C(1), located at page 12, line 3
6 through page 12, line 8 of Agreement 16-504, as amended on page 2, line 27 through
7 page 3, line 5 of Amendment 16-504-1, is hereby deleted in its entirety and replaced with
8 the following:
9 1. A maximum of Nineteen Thousand Nine Hundred Ten Dollars ($19,910) is
10 hereby allocated to pay for authorized Extra Services provided by CONSULTANT during the
11 initial one-year term of this Agreement. An annual maximum of Ten Thousand Dollars
12 ($10,000) is hereby allocated to pay for authorized Extra Services provided by CONSULTANT
13 for each of the two (2) additional potential one-year extension terms. All authorized Extra
14 Services shall be performed at the established rates as set forth in the immediately preceding
15 Section B of this Agreement.
16 An annual maximum of Five Thousand Dollars ($5,000) is hereby allocated to pay for
17 services to be performed August 9, 2019 to February 8, 2020."
18 5. COUNTY and CONTRACTOR agree that this Amendment No. 2 is sufficient
19 to amend the Agreement No. 16-504, Amendment No. 1 16-504-1 and, that upon
20 execution of this Amendment, the Agreement, Amendment No. 1, and Amendment No. 2
21 together shall be considered the Agreement.
22 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
23 covenants, conditions and promises contained in the Agreement and not amended herein shall
24 remain in full force and effect.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
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3 ABBE & ASSOCIATES L C COUNTY OF FRESNO
.� � �.
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5 (Authorized Signature) Nathan Magsig, Chairman of the Board
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Ruth C.Abbe, Principal of Supervisors of the County of Fresno
7 Print Name & Title
8 1028 Pair Oaks Avenue ATTEST:
Alameda, CA 94501 Bernice E. Seidel
9 Clerk of the Board of Supervisors
10 Mailing Address County of Fresno, State of California
11 Bys��v � o,(J
Deputy
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15 FOR ACCOUNTING USE ONLY
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Org No: 9015
17 Fund No: 0701
Account No: 7295
18 Subclass No: 15001
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