Form Name: Amendment to Standard Consultant Agreement (Non-Capital Projects) Page: 1 of __ Form/File No.: 1348130_3/T-32026
City Attorney Approval Date: September 2022
First
Second
Third
Amendment to Standard City of San José Consultant Agreement (Non-Capital Projects)
Consultant’s Name: HC Group, a California corporation
(Standard Agreement AC No. 30648, Vendor No. A1026)
This Amendment is made and entered into this ______ day of _____________________, 2022 . The City and Consultant amend the above-reference agreement as set forth herein.
1. Capitalized words in this Amendment have the same meaning as in the Agreement .
2. The provisions of this Agreement (including any previous amendments) not modified by this Amendment remain in full force and effect.
3. The provisions of this Amendment are effective upon execution of the Amendment by both parties.
4. Agreement Term: Sect ion 2 is amended to extend the expiration date from June 30, 2022 to September 30, 2022.
5. Maximum Total Compensation: Subsection 10.1 is amended to Increase Decrease the Maximum Total Compensation from $42,260 from $449,613 to $491,873.
6. Agreement Section(s): Section(s) ___________ is/are amended to read as set forth in Attachment A of the Amendment.
7. Scope of Basic Services – Exhibit A: The original First Revised Second Revised Exhibit A is amended to read as set forth in the attached First Second Third Revised Exhibit A, which is incorporated by reference into this Amendment.
8. Compensation – Exhibit B: The original First Revised Second Revised Exhibit B is amended to read as set forth in the attached First Second Third Revised Exhibit B, which is incorporated by reference into this Amendment.
City of San Jo sé
Toni Taber
______________
Name: Toni Taber
Title: City Clerk
Consultant
By Doanh Chau
_______________
Name: Doanh Chau
Title: President
9. Additional Services: The Consultant is authorized to perform the Additional Services set forth in the attached Additional Services Exhibit, which is incorporated by reference into this Amendment.
Standard Agreement AC No. 30648
Consultant Name: HC Group
Form Name: Amendment to Standard Consultant Agreement (Non-Capital Projects) Page: 2 of __ Form/File No.: 1348130_3/T-32026
City Attorney Approval Date: September 2022
This Amendment is executed by the authorized representatives of the City and Consultant as follows:
Approval as to Form (City Attorney):
Form Approved by the Office of the City Attorney.
(Maximum Total Compensation, as amended, is $100,000 or less, and the provisions of the form are not altered.)
Approved as to Form:
________________
Name: Andrew Malek
Title: Deputy City Attorney II U
Standard Agreement AC No. 30648
Consultant Name: HC Group
Form Name: Amendment to Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348130_3/T-32026
City Attorney Approval Date: September 2022
First Second Third Revised Exhibit B: Compensation (Non-Capital Projects)
This revised Exhibit B is an attachment to the First Second Third amendment to the Agreement.
Section 1 – Compensation Table
Part 1 – Compensation for Basic Services
Column 1 Column 2 Column 3 Column 4
Task Nos. Basis of Compensation Invoice Period Compensation 1-5 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $490 ,000 Part 2 – Reimbursable Expenses
No expenses are separately reimbursable. The amount(s) in Column 4 of Part 1 include(s) payment for all expenses.
Expenses are separately reimbursable in accordance with Subsection 10.5 of the Agreement. The maximum amount of reimbursable expenses is:
$1,873
Part 3 – Subconsultant Costs
The amount(s) in Column 4 of Part 1 include(s) payment for subconsultants. Subconsultant costs are not separately compensable.
Subconsultant costs are separately compensable in accordance with Subsection 10.6 of the Agreement. The maximum amount of compensation for subconsultant costs is:
$
Part 4 – Additional Services
No money is budgeted for Additional Services and the
Director cannot authorize and Additional Services.
The Director may authorize the Consultant to perform Additional Services up to the following maximum amount:
Maximum Total Compensation (sum of Parts 1 through 4): $491,873
Standard Agreement AC No. 30648
Consultant Name: HC Group
Form Name: Amendment to Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348130_3/T-32026
City Attorney Approval Date: September 2022
Section 2 – Schedule of Rates and Charges
Omitted. No Schedule of Rates and Charges is included because the City will not be compensating the Consultant for any Basic Services on a “time & materials” basis.
The following is the Schedule of Rates and Charges applicable to this Agreement:
Position Hourly Rate
Consultant $75.00