1 FIRST MODIFICATION OF AGREEMENT NO. 10929 (CCS)
This First Modification of Agreement Number 10929 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and MOSS ADAMS LLP (“MOSS ADAMS LLP”) is made with reference to the following:
RECITALS
A. On or about October 9, 2019, the City and MOSS ADAMS LLP entered into Agreement Number 10929 (CCS) for internal audit services (“Original Agreement”).
B. The City and MOSS ADAMS LLP desire to modify the Original Agreement to increase the contract authority for the first year from $150,000 to $241,000 to reflect a correction for an additional 3 months of work during the initial year of the contract and additional review of non-General Fund functions.
C. On August 25, 2020, City Council approved a modification of the Original Agreement to increase the first-year authority from $150,000 to $241,000.
D. The City and MOSS ADAMS LLP desire to modify the Original Agreement to decrease the not to exceed annual contract authority for the second through third years of the contract from $150,000 to $75,000, and maintain the not to exceed annual authority of up to $150,000 for years four and five.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 4 of the Original Agreement entitled “Compensation” shall be modified by adding the following paragraph:
Compensation. The City will compensate MOSS ADAMS LLP for the Additional Services in an amount not to exceed $241,000, as set forth in Exhibit B-1. The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed $691,000.
2. Exhibit B-1 is attached hereto and incorporated herein by this reference. Exhibit B-1 supersedes and replaces Exhibit B in the Original Agreement. As such, all references to Exhibit B in the Original Agreement shall be deemed to reference Exhibit B-1.
3. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
DocuSign Envelope ID: C451C23F-4C21-4EFF-84BD-C16CA2E983A7 10/4/2020
2 IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
GEORGE S. CARDONA
Interim City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
Lane Dilg
Interim City Manager
Moss Adams LLP
By: _______________________________
Mark Steranka
Partner
DocuSign Envelope ID: C451C23F-4C21-4EFF-84BD-C16CA2E983A7 10/2/2020
10/2/2020
10/5/2020 10/4/2020
3 Exhibit B-1
Revised Budget
Contractor shall provide the services described in Exhibit A of the Original Agreement pursuant to the pricing schedule below and in an amount not to exceed $241,000 in year one of the contract, $75,000 per year for any renewal options exercised in year two and three, and $150,000 per year for any renewal options exercised in year four and five, for a total not to exceed of $691,000 over five years, contingent on Council budget approval.
Services will be provided based on the hourly rates below for each level staff to be assigned to any engagement and are inclusive of all fringe benefits, indirect costs, profit, etc.
Title Hourly Rate
Partner $300-$350
Director $300-$350
Senior Manager $250-$300
Manager $225-$250
Senior $200-$225
Staff $150-$200
Expenses include out-of-pocket costs for travel (i.e. airfare, lodging, auto expenses, parking, and meals).
Projects will be coordinated with City Staff and all project costs will be based on the hourly rates shown above and will be subject to budget appropriation. Project costs may not exceed initial project estimates without receiving prior approval by the City Manager’s office. Any project cost overages incurred without prior approval might not be reimbursed at the City’s discretion.
DocuSign Envelope ID: C451C23F-4C21-4EFF-84BD-C16CA2E983A7