THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF POMONA AND CASC ENGINEERING AND CONSULTING, INC. FOR PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES FOR THE NPDES PLAN CHECK AND INSPECTION SERVICES THIS THIRD AMENDMENT TO THE AGREEMENT (THIRD AMENDMENT) is entered into by and between the CITY OF POMONA (CITY) AND CASC ENGINEERING AND CONSULTING SERVICES (CONSULTANT). Collectively, these entities shall be known herein as “PARTIES” or individually as “PARTY”.
RECITALS
WHEREAS, on August 3, 2020, the City Council approved the Professional Services Agreement (AGREEMENT) for professional environmental consulting services for NPDES Plan check and inspection services; and WHEREAS, on August 21, 2021, the City Council approved Amendment No. 1 to AGREEMENT; and WHEREAS, on August 2, 2022, the City Manager approved Amendment No. 2 to the AGREEMENT; and WHEREAS, Section 3.6.14 of the AGREEMENT allows for AGREEMENT to be amended by a written AGREEMENT signed by all PARTIES; and WHEREAS, additional funds of $100,000 to the AGREEMENT are needed due to the increase in commercial, industrial, and construction inspections to remain compliant with the stormwater permit and for businesses that have paid the cost recovery fee; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this THIRD AMENDMENT and the AGREEMENT, the PARTIES agree as follows:
The Recitals are true and correct and are hereby incorporated herein by this reference.
Section 3.1.2 “Term” is hereby amended in its entirety to read as follows:
“3.1.2 Term. The term of this Agreement shall be from August 3, 2020 to June 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Section 3.3.1 “Compensation” is hereby amended in its entirety to read as follows:
“3.3.1 Compensation. 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 Two Hundred Fifty Thousand Dollars ($250,000) for Fiscal Year 2023-2024 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.” Continuing Effect of Agreement. Except as amended by this FIRST AND SECOND AMENDMENTS, all provisions of the AGREEMENT (attached hereto as Attachment 2) shall remain unchanged and in full force and effect. From and after the date of this FIRST AND SECOND AMENDMENTS, whenever the term “AGREEMENT” appears in the AGREEMENT it shall mean the AGREEMENT as amended by this FIRST AND SECOND AMENDMENTS.
Adequate Consideration. The PARTIES hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this THIRD AMENDMENT.
Counterparts. This THIRD AMENDMENT may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the PARTIES hereto have caused this THIRD AMENDMENT to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES:
CASC ENGINEERING AND CONSULTING SERVICES
By
Richard J. Sidor, President
Date
CITY OF POMONA
By
Anita D. Gutierrez, City Manager
Date
ATTEST:
By
Rosalia A. Butler, MMC, City Clerk
Date
APPROVED AS TO FORM:
By
Best Best & Krieger LLP, City Attorney
Date
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