ATTACHMENT 2
IT SUPPORT AND CONSULTING SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7 City of Lake Forest
First Amendment to Professional Services Agreement
IT Support and Consulting Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "C" - COMPENSATION ................................ ..............................
DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7
Title: IT Support and Consulting Services
3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and Abtech Technologies, Inc., a California Corporation (Inc.) , with its principal place of business at 1235 Activity Drive, Unit B, Vista, CA 92081 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7
Title: IT Support and Consulting Services
4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Information Technology Support and Consulting Services dated June 18, 2021 (“Agreement”).
2.2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total amount of compensation under the Agreement, and update the rates of compensation under the Agreement.
DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7
Title: IT Support and Consulting Services
5 3. TERMS.
3.1. Term.
Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of this Agreement shall be from July 1, 2021 to July 31, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one (1) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Compensation.
Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION SIX HUNDRED THIRTY -NINE THOUSAND FORTY-SIX DOLLARS ($1,639,046) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3. Rates of Compensation
Exhibit “C” of the Agreement is hereby amended in its entirety in the form of EXHIBIT "C" - COMPENSATION to this First Amendment, attached hereto and incorporated herein.
3.4. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7
Title: IT Support and Consulting Services
6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Abtech Technologies, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Robert Russell
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Robert Russell
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7
Title: IT Support and Consulting Services
7 5. EXHIBIT "C" - COMPENSATION
5.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of ONE MILLION SIX HUNDRED THIRTY-NINE THOUSAND FORTY-SIX DOLLARS ($1,639,046) according to the following schedule:
A. Base Fee: Consultant shall be paid a monthly fee of $32,750 for maintenance services defined in the Scope of Work as shown in Table 1:
Table 1
Year 1 Year 2 Year 3 Year 4
(1st Amendment)
Contract Total
Annual Cost
$ 350,682
$ 350,682
$ 350,682
$ 393,000
$ 1,445,046
B. Projects: Consultant shall be paid monthly for projects performed at the request of the City. All project work must be approved in advance. Consultant hourly rates are established in Table 2:
Table 2
Resource Hourly Rate Hourly Rate
(1st Amendment) Annual Total Contract Total
Level 1 Engineer $ 105 $120 $48,500 $194,000
Level 2 Engineer $ 125 $140
Level 3 Engineer $ 165 $185
Project Manager $ 90 $100
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim
DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7