DPW: 821-20\ev\Council\2024\092424\First Amendment Cross Connections Agreement Att 1.docx
Project Name: Cross-Connection Services
FIRST AMENDMENT TO
AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
F.L.C. INC., dba ACCURATE BACKFLOW TESTING AND VALVE REPAIR Contract No. 13520-2023
THIS FIRST AMENDMENT to the Agreement for General Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and F. L. C. INC., dba ACCURATE BACKFLOW TESTING AND VALVE REPAIR, (“Service Provider”), entitled Cross-Connection Services and dated December 20, 2023 (herein “Contract”) is made this 24th day of September, 2024.
RECITALS
A. Section 3 of the Agreement, currently, and as may have been previously amended, provides for a Not-to-Exceed total payment amount of $75,000 over the two-year term of the Agreement. City is in need of adding $25,000 additional compensation, for a new Not-to-Exceed total of $100,000.
B. Service Provider has requested an increase to the Rate as described in the Schedule of Fees, Exhibit B and City finds the request reasonable.
C. Section 6 of the Contract, currently, and as may have been previously amended, provides for a termination date of November 30, 2025. City is in need of revising the termination date to December 31, 2024.
D. City is in need of adding language to the contract to comply with the requirements of the Levine Act.
E. City and Service Provider desire to make the above described changes and while keeping all other terms intact.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. $25,000 is hereby added to the Contract and Exhibit”‘B” is hereby replaced by Exhibit “B-1”, attached hereto and incorporated herein. Section 3 is hereby amended to read in its entirety as follows:
ATTACHMENT #1
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3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $100,000 (herein "not to exceed amount”).
(b) Rate. Service Provider shall be paid a fixed sum, according to the schedule listed in Service Provider’s Schedule of Fees, attached as Exhibit “B-1.” Any changes or modifications resulting in an increase to this fixed sum must be approved in writing by City’s Project Manager in advance, and may not surpass the not to exceed amount. (c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.
(d) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B-1”.
Part 2. The Contract term is hereby amended to expire on December 31, 2024 and Section 6 shall now read in its entirety as follows:
6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on December 31, 2024 unless Service Provider's authorized work assigned before the expiration of the term is not completed by that date.
If work has not been completed during the allotted Agreement period, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.
Service Provider shall not commence work on the services to be performed until (i) Service Provider furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives written authorization to proceed with the work provided by City’s Project Manager.
Part 3. A new Section 25 is hereby added to the Contract in compliance with requirements of the Levine Act. Exhibit “D” is attached hereto and incorporated herein.
Section 25 shall read in its entirety as follows:
25. LEVINE ACT COMPLIANCE
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the Council member receives a campaign contribution totaling DPW: 821-20\ev\Council\2024\092424\First Amendment Cross Connections Agreement Att 1.docx
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more than $250 (aggregated) from the party to the contract, agreement or franchise agreement, their agents, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Council members must also disclose any eligible campaign contribution received on the record of the proceeding.
Council members are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $250 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Act also requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $250 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to competitively bid, labor, or personal employment contracts.
In order to assure compliance with these requirements, Service Provider has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit “D”, incorporated herein by reference, and Service Provider verifies by its signature that it has completed Exhibit “D” in compliance of these requirements.
Service Provider shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to a contract, as well as their agents and representatives, from contributing more than $250 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to award of this Contract, and for the 12 months following award of this Contract.
Where applicable, Service Provider shall disclose any post award campaign contributions prior to seeking an amendment to this Contract.
Part 4. All terms used in Parts 1, 2 and 3 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1, 2 and 3 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
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IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above.
F. L. C. INC., dba ACCURATE
BACKFLOW TESTING AND VALVE
REPAIR
________________________________
Christopher J. Succa, President
________________________________
Scott Corrigan, Vice President
CITY OF THOUSAND OAKS
________________________________
Al Adam, Mayor
ATTEST:
_____
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
_____
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT B-1
SCHEDULE OF FEES
Service Type Device Description Cost
12/20/23 – 9/10/24
Cost
9/11/24 – 12/31/24
Backflow Testing ½-inch through 10-inch $25.00 $25.00
Backflow Test Cock Repair 1/8-inch through ¼-inch $45.00 $45.00 Backflow Test Cock Repair 1/2-inch through 3/4-inch $55.00 $55.00 Backflow Device Repair ¾-inch through 1-inch RPD $495.00 $495.00 Backflow Device Repair ¾-inch through 1-inch DCV $365.00 $385.00 Backflow Device Repair 1 ¼” through 2” RPD $525.00 $565.00 Backflow Device Repair 1 ¼” through 2” DCV $385.00 $400.00 Backflow Device Repair 2 ½” Febco Model 860 $1,255.00 $1,345.00 Backflow Device Repair 2 ½” Wilkins Model 975 $1,425.00 $1,525.00 Backflow Device Repair 2 ½” Watts Model 909 $1,565.00 $1,675.00 Backflow Device Repair 2 ½” Wilkins Model 375 $1,565.00 $1,675.00 Backflow Device Repair 3” Wilkins Model 375 $1,485.00 $1,695.00 Backflow Device Repair 3” Wilkins Model 975 $1,485.00 $1,590.00 Backflow Device Repair 6” Febco Model 806 $1,505.00 $1,625.00 Backflow Device Repair 6” Febco Model 856 $1,785.00 $1,925.00 Backflow Device Repair 6” Febco Model 860 $1,785.00 $1,925.00 Backflow Device Repair 6” Watts Model 709 $1,785.00 $1,925.00 Backflow Device Repair 6” Wilkins 350 $1,415.00 $1,530.00 Backflow Device Repair 6” Wilkins 375 $1,645.00 $1,775.00 Backflow Device Repair 6” Wilkins 975 $1,645.00 $1,775.00 Backflow Device Repair 6” Watts Model 774 $2,305.00 $2,490.00 Backflow Device Repair 6” Ames Model 3000 $2,055.00 $2,225.00 Backflow Device Repair 8” Watts Model 909 $2,175.00 $2,425.00 Backflow Device Repair 10” Wilkins Model 375 $1,605.00 $2,495.00 *Repairs Include Labor and Parts
Service Type Cost
Backflow Device Replacement and Installation Quoted Separately DPW: 821-20\ev\Council\2024\092424\First Amendment Cross Connections Agreement Att 1.docx
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EXHIBIT D
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