1 THIRD MODIFICATION OF AGREEMENT NO. 10637 (CCS)
This Third Modification of Agreement Number 10637 (CCS) (“Third Modification”), entered into as of _________________, by and between the City of Santa Monica, a municipal corporation (“City”), and JAS Pacific, Inc. (“JAS”) is made with reference to the following:
RECITALS
A. On or about^^July 25, 2018, the City and JAS entered into Agreement Number 10637 (CCS) (“Original Agreement”) for engineering services to provide staff to review and approve seismic retrofit plans submitted to the City for Soft Story retrofit projects.
B. On or about^^July 9, 2020, the City and JAS entered into a First Modification of Agreement Number 10637 (CCS) (“First Modification”), which increased the notto-exceed amount of the agreement to $425,000 to pay for a higher volume of services than initially anticipated.
C. On or about^^June 28, 2021, the City and JAS entered into a Second Modification of Agreement Number 10637 (CCS) (“Second Modification”), which extended the contract term through June 30, 2022. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.”
D. The City and JAS desire to modify the Agreement to extend the agreement term and increase the not-to-exceed amount of the Agreement to pay for this extended term for services.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. JAS and City acknowledge and agree that the effective date of this Third Modification is June 30, 2022.
2. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on July 25, 2018 and terminates on December 31, 2024, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
3. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:
Compensation. The City will compensate JAS for the Services in an amount not to exceed $625,000, as set forth in Exhibit B-2. The total agreement price for Services pursuant to the Original Agreement, the First Modification, the Second Modification, and this Third DocuSign Envelope ID: 3EC82506-555B-4E3A-83BD-9A9FBD51C97E 7/6/2022
2 Modification shall not exceed $625,000.
4. Exhibit B of the Original Agreement, as modified by Section 2 of the First Modification, shall be deleted in its entirety and replaced with Exhibit B-2, which is attached hereto and incorporated herein by this reference.
5. Execution in Counterparts. This Third Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
6. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 3EC82506-555B-4E3A-83BD-9A9FBD51C97E
DOUGLAS SLOAN
7/1/2022
City Attorney
CFO/PRESIDENT
ADDISON SMITH
JAS PACIFIC
7/1/2022
7/6/2022
City Manager
Nikima Newsome David White
7/7/2022
Assistant City Clerk
3 Exhibit B-2
Budget
All Plan Check services will be charged according to the following schedule:
TITLE HOURLY BILLING RATE
Plan Check Engineer I $125.00
Plan Check Engineer II $135.00
Plan Check Engineer III $145.00
SERVICES BILLING RATE
Plan Check Submittal Review 68% of City Plan Review Fee* *includes a total of three reviews
The total cost of Services shall not exceed $625,000 for the term of the Agreement.
DocuSign Envelope ID: 3EC82506-555B-4E3A-83BD-9A9FBD51C97E