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HomeMy WebLinkAboutCSG Amendment 1AMENDMENT TO AGREEMENT NO. 1 THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on ______________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and CSG Consultants, hereinafter referred to as Consultant. WITNESSETH: WHEREAS, on June 27, 2021, the City entered into an agreement with Consultant for plan review and inspection services, (the “Agreement”); and WHEREAS, City and Consultant desire to amend the Agreement as set forth in paragraph one; and NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1.The Agreement is hereby amended according to Section 2.H.4 of the City’s Fiscal Policies; the City’s building permit plan check services through consultants at a set price, not to exceed 65% of the City’s fee for the service. Building permit plan check services are offered by the City on a 100% cost-recovery basis, and the service is provided after the fee is paid in full. As a result, the Finance Director is authorized to make appropriations from the related revenue account to cover the cost of the services provided. 2.All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be ex ecuted the day and year first written above. CITY OF SAN LUIS OBISPO CONSULTANT _________________________________ ________________________ City Manager DocuSign Envelope ID: F55D3C42-B78E-4977-B08B-D69DA6727B27 7/19/2022 | 6:58 PM PDT Agreement Page 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on July 27, 2021, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and CSG CONSULTANTS, hereinafter referred to as Contractor or Consultant W I T N E S S E T H: WHEREAS, the City wants to retain Consultant to conduct plan review and inspection services under City Specification No. 2019-4006-01. WHEREAS, Contractor/Consultant is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until three years from the date this Agreement is made and entered and acceptance or completion of said services. 2. INCORPORATION BY REFERENCE City Specification No. 2019-4006-01 and Contractor's proposal dated May 23, 2019, is hereby incorporated in, and made a part of this Agreement and attached as Exhibit A. The City’s terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit B. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay, and Contractor shall receive therefor the agreed-upon percentage, and/or fees, stipulated in the Consultant’s proposal. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and Agreements herein before mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in the Consultant’s proposal and City’s specifications found in Exhibit A. DocuSign Envelope ID: 55250FB5-2EE1-4133-8A18-F8749B4D5C63DocuSign Envelope ID: F55D3C42-B78E-4977-B08B-D69DA6727B27 Agreement Page 2 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Department Head or City Manager of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral Agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall b e of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Community Development Department City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Attn: Contractor/Consultant CSG Consultants, Inc. 550 Pilgrim Drive Foster City, CA 94404 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By:_____________________________________ City Manager APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney DocuSign Envelope ID: 55250FB5-2EE1-4133-8A18-F8749B4D5C63DocuSign Envelope ID: F55D3C42-B78E-4977-B08B-D69DA6727B27