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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