2021-22 Earth Systems Amendment 1 - On-Call Materials TestingMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
___ Approved by City Council on ___________________________________________
___ City Manager’s signing authority provided under the City’s Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
___ Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
___ Agreement payment will be charged to Account No.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___ Amount of Agreement, Amendment, Change Order, etc.: $____________________
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
___ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: ______________________________ Date: _______________
___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
___ Business License No. __________________; Expires: __________________
___ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
-XQH
May 14, 2021
Jon McMillen, City Manager
Carley Escarrega, Management Assistant
Earth Systems Pacific Amendment no. 1 for On-Call Materials Testing Services
April 20, 2021 (C8)
✔401-0000-60108
07/01/2019 06/30/2022
200,000 (Total FY 20/21)
Nichole Romane 5/14/2021
LIC-0000641 1/31/2022
AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
WITH EARTH SYSTEMS PACIFIC
This Amendment No. 1 ("Amendment No. 1") to Agreement for Contract
Services (“Agreement”) with Earth Systems is made and entered into as of
the 20th day of April, 2021 ("Effective Date") by and between the CITY OF LA
QUINTA ("City"), a California municipal corporation and Earth Systems, a
California Corporation (“Contracting Party”).
RECITALS
WHEREAS, on or about July 1, 2019, the City and Contracting Party
entered into an Agreement to provide On -Call Materials Testing Services. The
term of the Agreement expires on June 30, 2022; and
WHEREAS, the City and Contracting Party mutually agree to amend
Section 2.1 Contract Sum of the Agreement for a total not to exceed amount
of $200,000 for fiscal year 2020/21.
NOW THEREFORE, in consideration of the mutual covenant herein
contained, the parties agree as follows:
AMENDMENT
In consideration of the foregoing Recitals and the covenants and
promises hereinafter contained, and for good and valuable consideration, the
sufficiency and receipt of which are hereby acknowledged, the parties hereto
agree as follows:
1.Section 2.1 Contract Sum is amended to read:
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to
exceed Two Hundred Thousand Dollars ($200,000) for fiscal year
2020/21; all other fiscal years shall not exceed One Hundred Fifty
Thousand Dollars ($150,000); and, for the life of the Agreement,
encompassing the initial and any extended terms (the “Contract
Sum”), except as provided in Section 1.7.
2.“Exhibit B” – Schedule of Compensation is amended as listed in
“Exhibit B”, attached hereto and incorporated by this reference.
In all other respects, the Original Agreement shall remain in effect.
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed Two
Hundred Thousand Dollars ($200,000.00) for fiscal year 2020/21, all other
fiscal years shall not exceed One Hundred Fifty Thousand Dollars
($150,000); and, for the life of the agreement, encompassing the initial
and any extended terms (“Contract Sum”). The Contract Sum shall be paid
to Contracting Party in an amount identified in Contracting Party’s schedule
of compensation attached hereto for the work tasks performed and
properly invoiced by Contracting Party in conformance with Section 2.2 of
this Agreement.
Initial Term:
“Not to exceed” Year 1 (FY2019/20): $150,000.00
“Not to exceed” Year 2 (FY2020/21): $200,000.00
“Not to exceed” Year 3 (FY2021/22): $150,000.00
Possible Extended Term:
“Not to exceed” Year 4 (FY2022/23): $150,000.00
“Not to exceed” Year 5 (FY2023/24): $150,000.00