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Alpha Analytical - Wastewater Pretreatment and Sampling (2018) - Amendment No. 1FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND ALPHA ANALYTICAL LABORATORIES, INC. WHEREAS, the City of Gilroy, a municipal corporation ("City"), and Alpha Analytical Laboratories, Inc. entered into that certain agreement entitled Agreement for Services, effective on November 7, 2018, hereinafter referred to as "Original Agreement"; and WHEREAS, City and Alpha Analytical Laboratories, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows: 2. "In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total compensation paid to CONTRACTOR exceed $60,000. 3. Exhibit `B" (Scope of Services) of the original agreement is hereby replaced with the attached Exhibit `B". 4. Exhibit "C" (Milestone Schedule) of the original agreement is hereby replaced with the attached Exhibit "C". 5. This Amendment shall be effective on October 30, 2019. 6. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 7. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY By: V [signature] [employee name] c �c4rniO'kSAravor [title/department] Date: �/ �;/7 ALPHA ANA L RATORIES, INC. By: .Tl-- 1a G473 .-_! ,,,[name] �A lLF,r l [title] Date: I 0%2��Z�i� 4845-8215-5540v1 MDOLINGER104706083 Approved as City Attorney 4845-8215-5540v1 MDOLINGER104706083 -2- EXHIBIT "B" SCOPE OF SERVICES As part of Morgan Hill and Gilroy's Waste Water Pretreatment Program, City of Gilroy staff will collect annual waste water samples from approximately 15 businesses/sites, including the City of Gilroy's Waste Water Pretreatment Plant. Various analytical methods or sampling parameters, under 40 CFR Part 136 methods, are employed to meet state discharge sampling requirements. Alpha Analytical Laboratories will provide both courier and. analytical waste water sampling laboratory services for multiple samples collected by the City of Gilroy. Courier services enable sampling parameters to meet prescribed waste water hold times per state standards. 4835-2267-0361 v1 LACk04706083 EXHIBIT "C" MILESTONE SCHEDULE Once a year, the Morgan Hill and Gilroy's Waste Water Pretreatment Program is responsible for collecting samples to meet program requirements. Alpha Analytical Laboratories will provide the required courier services to pick. up samples at an agreed upon date, time, and location from the 15 businesses within the Cities of Morgan Hill and Gilroy. Alpha Analytical Laboratories will email completed analytical reports within agreed upon delivery date. The turnaround time is typically 15 days, unless specified otherwise in chain of custody of other written agreement, including emails. 4835-2267-03610 _1 _ LAC104706083