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Third Amendment to Professional Services Agreement with Alexander's Contract Services, Inc.

San Clemente City Council
December 6, 2022

Document
Third Amendment to Professional Services Agreement with Alexander's Contract Services, Inc.
Meeting
December 6, 2022
Body
San Clemente City Council
Original file
367 KB
Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

1 THIRD AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR

MONTHLY METER READING SERVICES
This Third Amendment to Professional Consultant Services Agreement for monthly meter reading services (this “Third Amendment”) is made and entered into on this ____ day of ________, 20__, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and ALEXANDER’S CONTRACT SERVICES INC. (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for Monthly Water Meter Reading (the “Original Agreement”) on March 15, 2007 .

B. City and Consultant entered into that certain First Amendment to the Professional Consultant Services Agreement for Monthly Water Meter Reading (“First Amendment”) on June 19, 2012 .

C. City and Consultant entered into that certain Second Amendment to Professional Consultant Services Agreement for Monthly Water Meter Reading (“Second Amendment”) on January 5, 2016 . The Original Agreement, as modified by the First Amendment and the Second Amendment, is hereinafter referred to as the “Agreement”.

D. City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 1: CITY hereby acknowledges that it exercised its right to extend the terms of the Agreement by continuing services with CONSULTANT from July 1, 2017 to June 30, 2022, via annual purchase order, and
Section 2: The Agreement is hereby amended to extend the term thereof for an additional five (5) year period, commencing on July 1, 2022 and expiring June 30, 2027. Thereafter, the agreement will renew automatically for one-year terms upon mutual agreement between City and Contractor.

Section 3: Article 6 of the Agreement is hereby amended to include the requirement of a 90 day termination notice by CITY and CONTRACTOR.
2 Section 4: In addition to those services to be performed by CONTRACTOR under the agreement, CONTRACTOR shall also perform those services listed in Exhibit “A” of this Third Amendment, attached hereto and incorporated herein by reference, and at the rates defined therein.

Except as expressly amended by this Third Amendment, the remaining portions of the Agreement shall remain in full force and effect.
3 IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

ALEXANDER’S SERVICES INC.
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
EXHIBIT "'A"
Services and Fee
Schedule
Base charge for meter reads:

July 1, 2022 – June 30, 2023 $1.09 per read
**Subsequent years to be adjusted annually each July 1, beginning July 1, 2023, based on the CPI for All Urban Consumers for Los Angeles-Long Beach-Anaheim, California areas as published by the U.S. Bureau of Labor Statistics** Fuel Surcharge
A fuel surcharge shall be applied if gasoline prices equal or exceed $4.50 per gallon for a continuous six (6) month period during the term of this Third Amendment as follows:

Following six continuous months of prices equal to or in excess of $4.50 per gallon, a 1% of the base meter charge then in effect shall be applied and an "adjusted base meter charge" shall be charged thereafter. For each additional $0.50 increment above the $4.50 price per gallon price, an additional 1% of the adjusted base meter charge shall be added.

If a fuel surcharge has been applied, as defined above, and the price per gallon decreases in $0.50 increments for a continuous six month period, each 1 % surcharge previously applied per
$0.50 increment shall be removed.

Certified Reads
Cost per Certified Read $1.00
Customer Service
Any customer service or conservation service including but not limited to obtaining meter reads for service activation/deactivation, locking off meters for discontinuation of service for non-payment, unlocking and restoring service after payment, door hangers, high usage investigation, leak investigations and conservations surveys.

First customer service visit of the day
Additional same day customer service visits
Direct to Consumer (DTC)
$65.00
$8.00
$19.95 per month /per endpoint
City can elect to offer to the residents of the service area a cellular conservation register under the Direct to Consumer program. Contractor will install and manage register at location plus grant access and set-up the consumer portal for the resident to individually manage their water conservation data through the SWiM Networks.
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