FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND STRATEGIC ECONOMICS, INC. FOR PROFESSIONAL
SERVICES FOR THE SANTA CLARA COUNTY GRAND NEXUS AND FEASIBILITY STUDY Th
is First Amendment to Consultant Services Agreement, dated _________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation, and STRATEGIC ECONOMICS, INC. ("CONSULTANT"), a California corporation.
WH
EREAS, the CITY and CONSULTANT entered into an Agreement on November 26, 2024, whereby CONSULTANT would provide professional consulting services for the Santa Clara County Grand Nexus and Feasibility Study (“Agreement”); and WH
EREAS, the CITY and CONSULTANT desire to change the term of the Agreement, scope of work, and compensation; and
WH
EREAS, the CITY and CONSULTANT now agree that an Amendment to said Agreement is advisable;
NOW
, THEREFORE, THE CITY AND CONSULTANT ENTER INTO THIS FIRST AMENDMENT TO THE AGREEMENT:
1. Ex
hibit A is hereby deleted in its entirety and replaced with Exhibit A -1, attached hereto and incorporated herein by this reference.
2. Ex
hibit B is hereby deleted in its entirety and replaced with Exhibit B-1, attached hereto and incorporated herein by this reference.
3. Sec
tion 1 of the Agreement, entitled “Services by CONSULTANT”, is hereby amended in its entirety to read as follows:
1. Se
rvices by CONSULTANT
CO
NSULTANT shall provide services in accordance with Exhibit “A-1”, which are attached hereto and incorporated herein by reference. CONSULTANT shall determine the method, details and means of performing the services.
CO
NSULTANT acknowledges that it is the “CONTRACTOR” referenced in the MOU, attached hereto as Exhibit “D” and incorporated herein by reference, and agrees to the terms and conditions of the MOU applicable to CONSULTANT, including, but not limited to, the role and responsibilities of “CONTRACTOR” and the funding and method of payment as outlined in the MOU.
4. Sec
tion 2 of the Agreement, entitled “Time for Performance”, is hereby amende d in its entirety to read as follows:
2. T
ime for Performance
The t
erm of this Agreement shall be from date of execution through December 31, 2026, unless otherwise terminated in accordance with Section 17 of this Agreement.
CONSULTANT shall deliver the agreed upon services to CITY as specified in Exhibit “A- Attachment 1
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1”. Extensions of time may be granted by the City Manager as an amendment in accordance with Section 18 below.
5. S
ection 4 entitled “Compensation” is hereby amended in its entirety to read as follows:
4. Compensation
C
ITY agrees to pay CONSULTANT as full compensation for the services rendered pursuant to this Agreement, the amounts set forth in Exhibit “B -1”, attached hereto and incorporated herein by reference. Total compensation shall not exceed Three Hundred Sixty One Thousand Ninety Dollar s and 00/100 Dollars ($361,090.00), unless upon written modific ation of this Agreement.
CONSULTANT shall submit invoices to CITY no more frequently than monthly for services provided to date. All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088- 3707 or [email protected]. Payment shall be made within thirty (30) days upon receipt of an accurate, itemized invoice by CITY’s Accounts Payable Unit.
6. A
ll other terms and conditions remain unchanged and are in effect.
I
N WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement.
C
ITY OF SUNNYVALE ("CITY") STRATEGIC ECONOMICS, INC.
(“CONSULTANT”)
B
y _____________________________ By _____________________________ City Manager
________________________________
Name and Title
AT
TEST:
B
y _____________________________
By ___________________________
City Clerk ________________________________
Name and Title
APPR
OVED AS TO FORM:
B
y ___________________________
City Attorney
Attachment 1
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