AMENDMENT NO. 1
TO THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS REGIONAL FOOD RECOVERY AND LOCAL ASSISTANCE PROGRAM AGREEMENT PARTIES AND DATE.
This Amendment No. 1 to the Western Riverside Council of Governments Regional Food Recovery and Local Assistance Program Agreement (“Amendment No. 1”) is entered into this __ day of , 2024 by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and CITY OF MURRIETA (“Member Agency”). The WRCOG and Member Agency are sometimes referred to individually as “Party” and collectively as “Parties.” RECITALS.
On or about August 17, 2023, the Parties entered into the Western Riverside Council of Governments Regional Food Recovery and Local Assistance Program Agreement for Member Agency to receive certain on-call professional services as provided by WRCOG under the Regional Food Recovery and Local Assistance Program (“Agreement”).
2.2 The Parties now desire to amend the Agreement to revise the Term and Payment.
TERMS.
Term. Section 3.1.1 of the Agreement is hereby deleted and replaced as follows:
“Term. The term of the Agreement shall be from August 1, 2023, to August 1, 2025, unless earlier terminated as provided herein. ” Payment. Section 3.1.1 of the Agreement is hereby deleted and replaced as follows:
“Payment. WRCOG shall receive payment for all Services rendered under this Agreement at the amount set forth in Exhibit B, which includes the capacity planning and year two costs, and a 7.5% fee of the total amount for all Services rendered for WRCOG’s administrative services. The Member Agency’s total payment under this Agreement to WRCOG shall not exceed Sixty Eight Thousand, Nine Hundred and Ninety-Nine Dollars and Ninety Five Cents ($68,999.95) for the first year of the Services and Fifty-Six Thousand Four Hundred Thirty-Eight ($56,438.00) for the second year of the Services (cumulatively, the “Total Payment”) without written approval by Member Agency. (a) Submitting Payment. WRCOG shall submit to Member Agency on a quarterly basis an itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date for the Services through the date of the statement. Member Agency shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.” Exhibit B. Exhibit B, as referenced in Section 3.2 above, is attached hereto and incorporated by reference and hereby added to the Agreement.
3.3 Except as set forth herein, all provisions of the Agreement and Amendments shall remain in full force and effect, and shall govern the actions of the Parties hereto and the amended provisions set forth in this Amendment No. 1. [SIGNATURE PAGE TO FOLLOW]
SIGNATURE PAGE TO AMENDMENT NO. 1 TO
THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS REGIONAL FOOD RECOVERY AND LOCAL ASSISTANCE PROGRAM AGREEMENT IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the date first written above.
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
By
Kurt Wilson
Executive Director
City of Murrieta
By
Kim Summers
City Manager
Attest:
By
Cristal McDonald, MMC, City Clerk
Approved as to Form:
By
Best Best & Krieger LLP
WRCOG General Counsel
By
Tiffany Israel, City Attorney
EXHIBIT B
Capacity Planning
Year 2 Budget
01375.0001/984202.1
01375.0001/984202.1
01375.0001/984202.1
01375.0001/984202.1
01375.0001/984202.1