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HomeMy WebLinkAboutAgreement - FCS International, Inc., DBA FirstCarbon Solutions - Electronic Freeway Billboards - Signed 2022-11-16City of Gilroy Agreement/Contract Tracking Today’s Date: November 10, 2022 Your Name: Monica Sendejas Contract Type: Services over $5k - Consultant Phone Number: (408) 846-0266 Contract Effective Date: (Date contract goes into effect) 6/7/2021 Contract Expiration Date: Until completion of the scope of services Contractor / Consultant Name: (if an individual’s name, format as last name, first name) FCS International, Inc., DBA FirstCarbon Solutions Contract Subject: (no more than 100 characters) 1st Amendment - Agreement for Services (Electronic Freeway Billboards) Contract Amount: (Total Amount of contract. If no amount, leave blank) $56,254.00 By submitting this form, I confirm this information is complete: ➢Date of Contract ➢Contractor/Consultant name and complete address ➢Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) ➢Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢Taxpayer ID or Social Security # and Contractors License # if applicable ➢Contractor/Consultant signer’s name and title ➢City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation Sharon Goei, Community Development Director DocuSign Envelope ID: 86DA81A7-25F0-4D25-9E04-1A8BA17FC557 -1- 4845-8215-5540v1 MDOLINGER\04706083 FIRST AMENDMENT TO FIRSTCARBON SOLUTIONS AGREEMENT FOR SERVICES (ELECTRONIC FREEWAY BILLBOARDS) WHEREAS, the City of Gilroy, a municipal corporation (“City”), and FCS International, Inc. DBA FirstCarbon Solutions, entered into that certain agreement entitled FirstCarbon Solutions Agreement for Services (Electronic Freeway Billboards), effective on 6/7/2021, hereinafter referred to as “Original Agreement”; and WHEREAS, City and FirstCarbon Solutions 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: In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set for in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $56,254.00. 2. Exhibit “B” (Scope of Services) of the original agreement is amended to add the attached Exhibit “B-1.” 3. Exhibit “D” (“Payment Schedule”) of the original agreement is amended to add the attached Exhibit “D-1”. 4. This Amendment shall be effective on 11/10/2022. 5. 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. 6. 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 FIRSTCARBON SOLUTIONS By: By: [signature] [signature] Jimmy Forbis Mary Bean [employee name] [name] City Administrator Director [title/department] [title] Date: Date: DocuSign Envelope ID: 86DA81A7-25F0-4D25-9E04-1A8BA17FC557 11/10/202211/15/2022 -2- 4845-8215-5540v1 MDOLINGER\04706083 Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: 86DA81A7-25F0-4D25-9E04-1A8BA17FC557 EXHIBIT “B-1” SCOPE OF SERVICES DocuSign Envelope ID: 86DA81A7-25F0-4D25-9E04-1A8BA17FC557 EXHIBIT “D-1” PAYMENT SCHEDULE DocuSign Envelope ID: 86DA81A7-25F0-4D25-9E04-1A8BA17FC557