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#16-6571 Amendment #1 (Tindale-Oliver & Associates, Inc.)FIRST AMENDMENT TO AGREEMENT No.16-6571 FOR IMPACT FEE STUDY PROFESSIONAL SERVICES THIS FIRST AMENDMENT is made and entered into on this 14th day of July 2020, by and between Tindale-Oliver & Associates, Inc. (the "Consultant"), authorized to do business in the State of Florida and whose business address is 1000 North Ashley Drive, Suite 100, Tampa, FL 33602, and the Board of County Commissioners for Collier County, a political subdivision of the State of Florida, (the "County"). WHEREAS, on September 13, 2016 (Agenda Item 16.17.2), the County entered into Agreement No. 16-6571 with the Consultant to provide professional Impact Fee services on a fixed term basis as directed by Owner for such projects and tasks as may be required from time to time; and WHEREAS, the Agreement includes a one-year term with three one-year renewal terms, which have all been exhausted, and the Agreement is scheduled to terminate on September 12, 2020, unless otherwise extended; and WHEREAS, the Agreement also includes a maximum expenditure per Purchase Order issued under the Agreement of $200,000, with an overall maximum expenditure during the entire four-year term of the Agreement in an amount not to exceed $950,000.00; and WHEREAS, the County is planning to solicit a new contract for the provision of Impact Fee services but in the interim the parties desire to amend the Agreement to: (1) extend the term for an additional one-year period commencing from the current date of termination, or until a new contract is awarded by the County, whichever is earlier; and (2) to increase the overall maximum expenditure under the Agreement during the extended term by an additional $200,000 (from $950,000 to $1,150,000). NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. Article 1, Consultant's Responsibility, Section 1.2, is hereby amended and revised as follows: 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Purchase Order issued pursuant to the procedures described herein. The form of the Purchase Order shall include the attached Schedule A. Reference to the term "Purchase Order" herein, with respect to authorization of Services, includes all written Purchase Order Modifications or Amendments to any particular Purchase Order. CONSULTANT acknowledges and agrees that each individual Purchase Order shall not exceed $200,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Purchase Orders issued under this Agreement shall not Pagel of 3 First Amendment to Agreement # 16-6571 Tindale-Oliver & Associates, Inc. Words Str-uek Threug# are deleted; Words Underlined are added exceed $750,000 annually, and that the maximum contract value over fetes (4) five 5 years shall not exceed nine I,, adr-oa fig, thousand dollars ($950,00000 one million one hundred and fifty thousand dollars ($1,150,000.00) unless otherwise approved by the Board of County Commissioners of Collier County. 2. Article 4, Time, Section 4.6, is hereby amended and revised as follows: 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional wee (3) four 4 years, renewable annually, with the fourth renewal period being terminable should the County re -solicit such services in accordance with the termination provisions provided in Article 12, Section 12.1 of the Agreement. Any such annual renewal shall be agreed to, in writing, by both parties. 3. Except as modified through this Agreement, all other terms and conditions shall remain the same. IN WITNESS WHEREOF, the Parties have executed this First Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller 1 ,hi M1 �� By: �. Dated::`,- .177' dot'V' (SEAS.),/ -A '-Os W Chi tfan'9 sign" only � Approved as to Form and Legality: I C�� Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA U-N Burt L. Saunders, Chairman Page 2 of 3 First Amendment to Agreement # 16-6571 Tindale-Oliver & Associates, Inc. Words Struek ThFeegh are deleted; Words Underlined are added 4 CA Consultant's Witnesses: Fir itnes ,f TType/print witness n eT Seco d Wi ess TType/priAt witness nameT CONSULTANT: Tindale-Oliver & Associates, Inc. Signature I , Cc Steven A. Tindale, Chief Executive Officer Page 3 of 3 First Amendment to Agreement # 16-6571 Tindale-Oliver & Associates, Inc. Words Strueli Through are deleted; Words Underlined are added Consultant's Witnesses: /� First itness Lar-y 62n9ac keA TType/ Tint witne ameT =. Second W tness r(l Vv TType/pri t witness nameT CONSULTANT: Tindale-Oliver & Associates, Inc. Signature Shevei A. %�mc/a)e CEC? Steven A. Tindale, Chief Executive Officer Page 3 of 3 First Amendment to Agreement # 16-6571 Tindale-Oliver & Associates, Inc. Words Strueli Thr-eegk are deleted; Words Underlined are added 0