HomeMy WebLinkAboutAgreement A-16-504-1 with Abbe and Assoc. LLC.pdf
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AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
THIS AMENDMENT (hereinafter “Amendment No. 1”) to Agreement No. 16-504
(hereinafter “Agreement”) is made and entered into this _____day of ____, 2017, by
and between the COUNTY OF FRESNO, a Political Subdivision of the State of
California, hereinafter referred to as “COUNTY”, and ABBE & ASSOCIATES, LLC,
located at 1028 Fair Oaks Avenue, Alameda, CA 94501, hereinafter referred to as
“CONSULTANT”.
WITNESSETH:
WHEREAS, the COUNTY and the CONSULTANT entered into County
Agreement No. 16-504, dated August 9, 2016, pursuant to which the CONSULTANT
agreed to provide, and has been providing, professional services related to the
development of a strategic solid waste management plan to administer and manage the
various solid waste streams throughout the County; and
WHEREAS, the COUNTY and the CONSULTANT now desire to amend the
Agreement, in order to allow for the completion of the strategic solid waste plan; and
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY and the CONSULTANT
hereby agree to amend the original Agreement, as follows:
1. Article V of the Agreement, at page 10, line 26 through page 11, line 1
thereof, is hereby deleted in its entirety and replaced with the following:
“V. TERM
This Agreement shall take effect on August 9, 2016, the date of its approval and
execution by COUNTY’S Board of Supervisors (“BOARD”), and shall have an initial
term of one (1) year, through and including August 8, 2017. As modified by the
BOARD’S approval of this Amendment No. 1, the term of this Agreement is hereby
extended for one (1) additional twelve (12) month period, and unless further extended shall
expire on August 8, 2018. The term of this Agreement may be further extended for one
(1) additional twelve (12) month period, upon written approval of both COUNTY and
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CONSULTANT, no later than July 9, 2018 (which is thirty (30) days prior to the first day of
the second of the two potential twelve (12) month extension periods). The Director of the
Department of Public Works and Planning or his or her designee (“DIRECTOR”) is
authorized to execute such written approval on behalf of COUNTY, based on
CONSULTANT’S satisfactory performance, as provided herein.”
2.That portion of the text of Article VI of the Agreement (entitled
“COMPENSATION”), consisting of Section A and only the first sentence of
Section B thereof, at page 11, lines 2 through 10 of the Agreement, is hereby
deleted in its entirety and replaced with the following:
“A. Fee for Services:
Notwithstanding any other provision in this Agreement, the Total Fee for the
services required under this Agreement shall not exceed One Hundred Fifty Thousand
Dollars ($150,000) for the initial one-year term, and shall not exceed Seventy Five
Thousand Dollars ($75,000) per year for each of the two (2) additional potential one -
year extension terms. The maximum amount of compensation for services performed
under this Agreement, if its term is extended to include both of the two potential
extension periods, would be Three Hundred Thousand Dollars ($300,000).
B. Basic Fee:
The Basic Fee for services required under Article IV shall be invoiced at the rates
shown in the CONSULTANT’S Proposal (and in the immediately following Paragraph 1
of this Section VI.B), and shall not exceed One Hundred Thirty Thousand Ninety Dollars
($130,090) for the initial one-year term, and shall not exceed Sixty-Five Thousand
Dollars ($65,000) per year for each of the two (2) additional potential one -year
extension terms.”
3. Article VI, Section C, Paragraph 1 of the Agreement, at page 12, lines
3 through 8, is hereby deleted in its entirety and replaced with the following:
“1. A maximum of Nineteen Thousand Nine Hundred Ten Dollars ($19,910) is
hereby allocated to pay for authorized Extra Services provided by CONSULTANT
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during the initial one-year term of this Agreement. An annual maximum of Ten
Thousand Dollars ($10,000) is hereby allocated to pay for authorized Extra Services
provided by CONSULTANT for each of the two (2) additional potential one-year
extension terms. All authorized Extra Services shall be performed at the established
rates as set forth in the immediately preceding Section B of this Agreement.”
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