1997-107-Approving An Amendment To The Agreement With Kutzmann & Associates For Plan Check Consultant Services And Authorizing The Town Manager To Execute The AmendmentRESOLUTION 1997 - 107
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING AN AMENDMENT TO THE AGREEMENT
WITH KUTZMANN & ASSOCIATES, INC.
FOR PLAN CHECK CONSULTANT SERVICES AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AMENDMENT
WHEREAS, on April 7, 1997, the Town of Los Gatos entered into an agreement, a copy
of which is on file with the Town Clerk's office and is incorporated by reference herein, with
Kutzmann & Associates for supplemental plan check services on an as needed basis;
WHEREAS, Section 6 of the Agreement states that total compensation shall not exceed
$10,000, which amount is not sufficient to cover the amount of services that will be required
under the Agreement through its full term ending on April 7, 2000; and
WHEREAS, amending Section 6 of the Agreement will permit the Town to obtain
supplemental plan check services on an as needed basis subject to the rates set forth in the
Agreement and also the discretion of the Town Council in the annual budget process.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Amendment to the Agreement between the Town of Los Gatos and
Kutzmann & Associates, attached hereto and incorporated herein as Exhibit "A ", is hereby
approved.
IT IS FURTHER RESOLVED, that the Town Manager is hereby authorized to execute
the Amendment in the name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 6th day of October, 1997 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNEDfG�;F., l "4,,(0S 7 s Yl r%
1 MAYOR OF THE TO GATOS
LOS GATOS, CALIFO
ATTEST:
LJ
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AMENDMENT TO AGREEMENT FOR
PLAN CHECK CONSULTANT SERVICES
This Amendment to Agreement for Plan Check Consultant Services is entered in
this day of October, 1997, by and between the Town of Los Gatos, a municipal
corporation ( "Town ") and Kutzmann & Associates.
RECITALS:
WHEREAS, Town and Kutzmann & Associates executed an agreement in April
1997, a copy of which is on file in the Town Clerk's office, under which Kutzmann & Associates
is to provide plan check consulting services to supplement Town plan check services on an as
needed basis through April 2000; and
WHEREAS, section 6 of the Agreement provides that compensation shall not
exceed $10,000; and
WHEREAS, due to increased building activity, the Town has already obtained plan
check consulting services in excess of the not to exceed amount set forth in section 6; and
WHEREAS, amending section 6 to eliminate the not to exceed limit will allow staff
to continue using plan check consulting services on an as needed basis throughout the remaining
term of the Agreement, subject to annual appropriation limits imposed by the Town Council and
the hourly rates set forth in the Agreement.
IT IS THEREFORE AGREED by the parties as follows:
The introductory paragraph of section 6 of the Agreement is amended
to read as follows:
Compensation. Compensation for Consultant's professional services
shall not exceed the amount authorized by the Town Council through
annual budget appropriations. Payment shall be based upon Town
approval of each task as follows:
2. The terms and conditions of the Agreement, except as herein amended,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement on the date written above.
TOWN OF LOS GATOS
0
David W. Knapp, Town Manager
ATTEST:
Clerk of the Town of Los Gatos
Los Gatos, California
Consultant
Print Name
Title
Approved as to Form:
Marian V. Cosgrove, Town Clerk Orry P. Korb, Town Attorney