20-0220_ECO-NOMICS, INC._Amd 2 to Professional Services AgreementAMENDMENT NO.2
TO THE SUSTAINABLE WASTE DIVERSION PROGRAMS
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
ECONOMICS, INC.
1. Parties and Date.
This Amendment No. 2 to the Sustainable Waste Diversio Programs Professional Services
Agreement is made and entered into as of this c ZC) day of 406 . 2020, by and between
the City of San Juan Capistrano, a municipal organization organized under the laws of the State of
California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano,
California 92675 ("City") and Eco/Nomics, Inc. a Colorado corporation with its principal place of
business at 33155 Camino Capistrano, Suite E, San Juan Capistrano, CA 92675, ("Consultant"). City
and Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
"Sustainable Waste Diversion Programs" dated June 6, 2017, ("Agreement") for the purpose of
retaining the services of Consultant to provide AB 1826 assistance.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
extend the term and increase the not -to -exceed compensation amount. The parties have heretofore
entered into Amendment No. 1 dated February 19, 2019.
2.3 Amendment . LIflioritv . This Amendment No. 2 is authorized pursuant to Sections 3
and 23 of the Agreement.
3. Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as
follows:
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for services specified in Exhibits
A and A-1 in accordance with the Schedule of Charges set forth in Exhibits B and B-1,
respectively.
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61147.02100\32739949.1
b. In no event shall the total amount paid for services rendered by Consultant under this
Agreement exceed the sum of One Hundred Thousand Dollars ($100,000). This amount is to
cover all printing and related costs, and the City will not pay any additional fees for printing
expenses. Periodic payments shall be made within 30 days of receipt of an invoice which
includes a detailed description of the work performed. Payments to Consultant for work
performed will be made on a monthly billing basis.
3.2 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as
follows:
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
Consultant shall complete the services required hereunder on or before June 30, 2021. The
Notice to Proceed shall set forth the date of commencement of work.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by
Amendment No. 1 and this Amendment No. 2.
3.6 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 2.
3.7 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
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61147 02100132739949.1
SIGNATURE PAGE FOR AMENDMENT NO.2 TO THE
SUSTAINABLE WASTE DIVERSION PROGRAMS
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CA.PISTRANO
AND ECONOMICS, INC.
CITY OF SAN JUAN C ISTRANO ECONOMICS, INC.
Approved By.•
Be in &fel Signature
Name
Date
nrr ��rA Au n /� Title
3"21 10,1 0
Maria Mo is, ltv lark Date
Approved 8s Ta:forrn:
CJ"ttorney
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61147.021 00\32739949.1