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HomeMy WebLinkAbout2018-076 Full Circle Real estate AMENDMENT NO. 1 to PERSONAL SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, ("City") and FULL CIRCLE REAL ESTATE, LLC, a domestic limited liability company, ("Provider") for Real Estate Acquisition Services RECITALS A. The City and Provider previously entered into a Personal Services Agreement effective October 16, 2017 (the "Agreement"), for Real Estate Acquisition Services. B. The City and Provider now wish to amend the Agreement to increase the total amount of compensation to be paid to Provider under the Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. Amend the second sentence of Subsection 1.5 of the Agreement as follows, with strikeout wording deleted and underscored wording added: It is intent of the parties that the basis for Provider's compensation is the hourly rate as described in the SUPPORTING DOCUMENTS not the exceed a total Agreement price of 542,000.00 S2.2,000 (forty-two thousand U.S. dollars)._ 2. Amend Subsection 2.1 of the Agreement as follows, with strikeout wording deleted and underscored wording added: 2.1 The Provider's fee for the performance of all Work described and defined in Article 1 of this Agreement ate shall be based on the hourly rate as described in the SUPPORTING DOCUMENTS and shall not exceed a total Agreement price of $42,000.00 $22,000 (forty-two thousand twenty +vVe thousand U.S. dollars)._ 3. This Amendment No. 1 is effective upon being signed by both parties. 4. Except as specifically modified by this Amendment No. 1, the terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF the parties have caused this Amendment No. 1 to be signed in their Page 1 of 2: Amendment No. I to Personal Services Agreement with Pull Circle Real Estate LLC. respective names by their duly authorized representatives as of the dates set forth below: CITY OF ASHLAND, OREGON FULL CSTATE, L LC By: By: Ke] y A. Madding City Administrator Printed Nay Date: 10 Title: Date: I j i Page 2 of 2: Amendment No. I to Personal Services Agreement with Full Circle Real Estate LLC. 9y , p$N` Purchase Order a r Fiscal,Year 2018 Page: 1 of 1 R REGAEP ~ _ ~©~BFR_Al1~~TTP_P~g~~t B Ashland Parks Commission I ATTN: Accounts Payable Purchase L 20 E. Main L Ashland, OR 97520 Order# 20181216 T Phone: 541/552-2010 O Email: payable@ashland.or.us r S C/O Parks Department N FULL CIRCLE REAL ESTATE LLC H Admin Office 240 EAST MAIN STREET P 340 South Pioneer D ASHLAND, OR 97520 Ashland, OR 97520 R T Phone: 541/488-5340 O Fax: 541/488-5314 - - 541 482-6868 Bets Harshman 02/20/2018 1634 FOB ASHLAND OR Parks Accounts Pa able Miscellaneous Real Estate Svcs 1 Provide miscellaneous real estate services as needed 1 $22,000.0000 $22,000.00 Personal Services Agreement Effective date: October 16, 2017 (Retroactively) Completion date: June 30, 2019 Project Account: $22,000.00 2 ADDED: Processed change order 12/04/2019 1 $20,000.0000 $20,000.00 CHANGE ORDER NO. 1 Project Account: $20;000.00 GL SUMMARY*************'* 123000 604100 $42,000.00 By: G --l Date: - - Aut prized Signature = _ _ - $42,000.00 FORM #10 CITY OF CONTRACT AMENDMENT A ROVAL REQUEST FORM ASHLAND Request for a Change Order r { ! r' Name of Supplier I Conti ctorl-Cons}iltant: Full Circle Real Estate LLC Total amount of this c t e mendment: Purchase Order Number: 20181216 cily Title 1 Description. Mscettarte'us real estate services for Ashland Parks and Recreation. $ 20'000 i❑ Per attached contract amendment Contract Amendment Original contract amount $ 22,000 100 % of original contract Total amount of previous contract amendments 0 0 % of original contract Amount of this contract amendment 20,000 91 % of original contract TOTAL AMOUNT OF CONTRACT $ 42,000 190 % of original contract In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special Procurement. 2) The amdndment is necessary to comply with a change in law that affects performance of the contract 3) The amendment results from renegotiation of the terms and conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered, the amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document, contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents, it would likely have increased competition or affected award of contract Contract amendment is within the scope of procurement: YES E NO* (If "NO", requires Council approval / Attach copy of CC.) Sourcing Method: SMALL PROCUREMENT Not exceeding $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or ❑ "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments s $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and ❑ If "NO", amount exceeding authority requires s 25% of original contract amount or $250,000 cumulative amendments s $100K for Goods & Services, s Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees. Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council ❑ Exempt - Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication. PERSONAL SERVICES (Direct Appointment) Communication. ❑Exempt-Reason: ❑ cumulative amendments s $35,000 ❑Exempt- Reason: "NO", requires approval. Attach CC INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods & Services - N5,000 < $100,000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the Personal Services .>A.000 < 75 00 s 25% of original contract amount or $250,000 emergency, including necessity and circumstances ❑ "YES", the total amo)au cum tive whichever is less. requiring the contract amendment amendments s 25% of oI tract amount. I1 If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City "NO", amount exceeding jty requires Council Council approval. Attach copy of Council Administrator approval. Attach co of ci mmunication. Communication. ❑ If applicable, attach copy of Council Communication ❑9Exem t-Reason: ❑Exempt-Reason: ❑Exem t-Reason: SPECIAL PROCU MENT -NA INTERGOVERNMENTAL AGREEMENT ❑ "YES", the to)ff amount of original contract and cumulative amendments are ❑ Renewal of Intergovernmental Agreement: Terms modified in accordance with initial within the amo t and terms initially approved by Council as a Special agreement OR cost will not be more than 25% greater than initial agreement. Renewal Procurement approved by City Attorney and department head affected by renewal and approved/signed ❑ If "NO", ount exceeding authority requires Council approval. by City Administrator. AMC 2.28.045(8) Attach copy of Council Communication. ❑ If "NO" Council approval is required. Attach co of Council Communication Expenditure must be charged to the appropriate accouht numbers for the financials to reflect the actual expenditures accurately. Project Number - - - - - - - Account Number -123000 _ . 604100 2 0 0 0 0 , 0 0 Project Number Account Number Project Number - _ - - - - - Account Number - - - - - - - _ - $ _ , _ _ , _ _ _ • _ Employee Signature: Department Head Signature: (Equ o greater th n $5,P00) City Administr ( 0 2, r!" I (o, al to o4qxAter than $2~, 00 or 10%) Funds appropriated for current fiscal year YES /--NO Finance Director (Equal to orgr er than $5,000) a e Comments.- Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 3/15/2018