HomeMy WebLinkAbout2024-172 AGRMT ZCS, INC Docusign Envelope 0:373EO6CC-13FE-4BD0-98t71-3F94AGBE6580
A
f. .., t µ....,, r Personal Services Agreement
SHLAND
City Information Consultant Information
City of Ashland Firm Name: ; CS, INC
Attn: Michael,lay Contact: Stephen Chase
20 East Main Street Address: 900 Klamath ,Ave
Ashland, Oregon 97520 Klamath Falls,OR 97601
Phone;(541)488-5587 Phone: 541-479-8865
Email: rnichael.jayt ashland'.or.us Email: stephenc@zcsea.com
zcsee.com
Contract Summary
Procurement Method: Formal Invitation-Oregon Buys
Completion gate: 09124/2025
Contract Amount: 60,000.00not to exceed
Description of Services: Additional Design Services-Phrase 2 Canstruction/Admin
Supporting Documents: Additional Design Services Proposal#A Dated: 8112124
Dated:
Dated:
Dated:
This Personal Services Agreement (hereinafter"Agreement") is entered into by and between the
City of Ashland, an Oregon, municipal corporation (hereinafter "City"') and the Consultant listed
under Consultant Information above, ("hereinafter "Consultant"'), for the services listed under
Description of Services and Supporting Documents as noted in the Contrast Summary above. In
the event of conflict between provisions of the Supporting Documents, the Supporting Documents
shall be given precedence in the order listed above.
This Agreement, the Exhibits and the Supporting Documents shall be construed to be mutually
complementary and supplementary wherever possible. In the event of a conflict which cannot be !,
so resolved, the provisions of this Agreement itself shall control over any nfjicing provisions in
any of the exhibits or supporting documents. The Consultant's initials herein signify
acknowledgment and agreement to this provision, if applicable, or if not sigr A".
Consultant's services are collectively referred to in this Agreement as the "Work."
Page 1 of 8 Personal Services Agreement.Between the City of Ashland and ZCS, INC
Docusign Envefape ID:373EO6CC-13FE-4BDO-98D1-3F94ACBE6580
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and
Consultant hereby agree as follows:
1. Effective Date and Duration; This Agreement shall become effective on the date of
execution on behalf of the City, as set forth below (the "Effective Date"), and unless sooner
terminated as specifically provided herein, shall terminate upon the City's affirmative
acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final
payment therefore, but not later than the Completion Date listed under the Contract
Summary in the table one page one of this agreement.
1.1. Time is of the essence. Time is of the essence for Consultant's performance of each
and every obligation and duty under this Agreement. City, by written notice to Consultant
of default or breach, may at any time terminate the whole or any part of this Agreement if
Consultant fails to provide the Work called for by this Agreement within the time specified
herein or within any extension thereof.
2. Compensation: City shall pay Consultant the sum listed as the"Contract Amount" under the
Contract Summary on page one of this document as full compensation for Consultant's
performance of all Work under this Agreement. In no event shall Consultant's total of all
compensation and reimbursement under this Agreement exceed the Contract Amount without
the express, written approval from the appropriate Department Head or City Manager.
Payments shall be made within thirty(30)days of the date of receipt by the City of Consultant's
invoice, Should this Agreement be terminated prior to completion of all Work, payments will
be made for any phase of the Work completed and accepted as of the date of termination.
3. Consultant Obligations:
V. Independent Contractor Status. Consultant is an independent contractor and not an
employee of the City for any purpose. Consultant shall have the complete responsibility
for the performance of this Agreement. Consultant shall provide workers'compensation
coverage as required In ORS Chapter 656 for all persons employed to perform Work
pursuant to this Agreement. Consultant is a subject employer that will comply with ORS
656.017.
3.2. Qualified Work. Consultant has represented, and by entering into this Agreement now
represents,that all personnel assigned to the Work to be performed under this Agreement
are fully qualified to perform the services to which they will be assigned In a skilled manner
and, if required to be registered, licensed, or bonded by the State of Oregon, are so
registered, licensed, or bonded.
3.3. Assignment. Consultant shall not assign this Agreement or subcontract any portion of
the Work without the written consent of City. Any attempted assignment or subcontract
without written consent of City shall be void. Consultant shall be fully responsible for
the acts or omissions of any assigns or subcontractors and of all persons employed by
them, and the approval by City of any assignment or subcontract of the Work shall not
create any contractual relation between the assignee or subcontractor and City.
Page 2 of 8 Personal Services Agreement Between the City of Ashland and ZCS, INC
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3.4. Work Performance Obligation. Consultant shall, at its own risk, perform the Work
described in the Description of Services and in the Supporting Documents and, unless
otherwise specified In this Agreement,furnish all labor,equipment, and materials required
for the proper performance of such Work.
3.5. Certification. Consultant agrees to and shall sign the certification attached hereto as
"Exhibit C" and Incorporated herein by this reference.
4. Insurance: Consultant shall, at its own expense, maintain the following insurance:
4.1. Worker's Compensation. Worker's Compensation insurance in compliance with ORS
656.017, which requires subject employers to provide Oregon workers' compensation
coverage for all their subject workers.
4.2. Workers' Compensation Exemption. If applicable, Consultant affirms and certifies that
it is exempt from providing Workers' Compensation per ORS 656.027.
Exemption criteria: Enter criteria here or delete if not applicable
Consultant initials if exempt: Date:
4.3. Professional liability insurance with a combined single limit, or the equivalent, of not
less than $2,000,000 (two million dollars) per occurrence. This is to cover any damage
caused by error,omission or negligent acts related to the Work to be provided under this
Agreement.
4.4. General Liability insurance with a combined single limit, or the equivalent, of not less
than$2,000,000(two million dollars)per occurrence for Bodily Injury, Death,and Property
Damage.
4.5. Automobile liability insurance with a combined single limit, or the equivalent, of not
less than$2,000,000(two million dollars)for each accident for Bodily Injury and Property
Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
4.6. Notice of cancellation or change. There shall be no cancellation, material change,
reduction of limits or intent not to renew the insurance coverage(s)without thirty(30)days'
prior written notice from the Consultant or Its Insurer(s)to the City.
4.7. Additional Insured/Certificates of Insurance. Consultant shall name the City of
Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds
on any insurance policies, excluding Professional liability and Workers' Compensation,
required herein, but only with respect to Consultant's services to be provided under this
Agreement. The consultant's Insurance is primary and non-contributory. As evidence of
the Insurance coverages required by this Agreement, the Consultant shall furnish
acceptable insurance certificates prior to commencing the Work under this Agreement.
The certificate will specify all of the parties who are Additional Insureds, Insuring
Page 3 of 8 Personal Services Agreement Between the City of Ashland and ZCS, INC
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companies or entities are subject to the City's acceptance. If requested, complete copies
of insurance policies;trust agreements,etc. shall be provided to the City. The Consultant
shall be financially responsible for all pertinent deductibles,self-insured retentions, and/or
self-insurance.
5. Termination:
5.1. Mutual Consent. This Agreement may be terminated at any time by the mutual consent
of both parties.
5.2. City's Convenience. This Agreement may be terminated by City at any time upon not
less than thirty(30)days' prior written notice delivered by certified mail or in person.
5.3. For Cause. City may terminate or modify this Agreement, in whole or in part, effective
upon delivery of written notice to Consultant, or at such later date as may be established
by City under any of the following conditions;
• If City funding from federal, state, county or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity
of services; or
• if federal or state regulations or guidelines are modified,changed,or interpreted
in such a way that the services are no longer allowable or appropriate for
purchase under this Agreement or are no longer eligible for the funding
proposed for payments authorized by this Agreement; or
• If any license or certificate required by law or regulation to be held by Consultant
to provide the services required by this Agreement is for any reason denied,
revoked, suspended, or not renewed.
5A. For Default or Breach. Either City or Consultant may terminate this Agreement in the
event of a breach of the Agreement by the other. Prior to such termination the party
seeking termination shall give to the other party written notice of the breach and Its intent
to terminate. If the party committing the breach has not entirely cured the breach within
fifteen (15) days of the date of the notice, or within such other period as the party giving
the notice may authorize in writing, then the Agreement may be terminated at any time
thereafter by a written notice of termination by the party giving notice.
5.4.1. Default; The Consultant shall be in default of this Agreement if Consultant;
commits any material breach or default of any covenant, warranty, certification, or
obligation under the Agreement; institutes an action for relief in bankruptcy or has
instituted against it an action for insolvency; makes a general assignment for the
benefit of creditors; or ceases doing business on a regular basis of the type
Identified in its obligations under the Agreement; or attempts to assign rights in, or
delegate duties under, this Agreement.
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5.5. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant
to subsections 5.1, 5.2, or 5.3 above shall be without prejudice to any obligations or
liabilities of either party already accrued prior to such termination or modification.
However, upon receiving a notice of termination (regardless of whether such notice
is given pursuant to subsection 5.1, 5.2, 5.3, or 5.4 of this section, Consultant
shall immediately cease all activities under this Agreement, unless expressly
directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all documents, information, works-in-progress and other
property that are or would be deliverables had the Agreement been completed. City
shall pay Consultant for Work performed prior to the termination date If such
Work was performed in accordance with this Agreement.
5.6. The rights and remedies of City provided in this subsection are not exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
6. Indemnification. Consultant hereby agrees to defend, indemnify, save, and hold City, its
officers, employees, and agents harmless from any and all losses, claims, actions, costs,
expenses, judgments, or other damages resulting from injury to any person (including injury
resulting in death), or damage (including loss or destruction) to property, of whatsoever
nature arising out of or incident to the performance of this Agreement by Consultant
(including but not limited to, Consultant's employees, agents, and others designated by
Consultant to perform Work or services attendant to this Agreement). However, Consultant
shall not be held responsible for any losses, expenses, claims, costs, judgments, or other
damages, caused solely by the gross negligence of City.
7. Consultant's Compliance with Tax Laws: Consultant represents and warrants to the City
that: Consultant shall comply with all Oregon tax laws, including but not limited to ORS
305,620, ORS 305.380(4), and ORS Chapters 316, 317, 318, in addition to any rules,
regulations, charter provisions, or ordinances that implement or enforce any of the foregoing
tax laws or provisions and any tax provisions imposed by a political subdivisions of the State
of Oregon.
8. Living Wage Requirements: If the amount of this Agreement is $26,429.65 or more,
Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a
living wage, as defined in that chapter, to all employees performing Work under this
Agreement and to any Subcontractor who performs 50% or more of the Work under this
Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B"
predominantly in areas where it will be seen by all employees.
9. Notice: Whenever notice is required or permitted to be given under this Agreement, such
notice shall be given in writing to the other party by personal delivery, by sending via a
reputable commercial overnight courier, by mailing using registered or certified United States
mail, return receipt requested, postage prepaid, or by electronically confirmed at the
addresses set forth on page one of this agreement with a copy to:
Page 5 of Personal Services Agreement Between the City of Ashland and ZCS, INC
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City of Ashland—Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541)488-5350
10. General Provisions:
10.1. Ownership of Work/Documents: All Work, work product, or other documents
produced in furtherance of this Agreement belong to the City, and any copyright, patent,
trademark proprietary or any other protected Intellectual property right shall vest in and is
hereby assigned to the City.
10.2. Non-appropriations Clause -Funds Available and Authorized: City has
sufficient funds currently available and authorized for expenditure to finance the costs of
this Agreement within the City's fiscal year budget. Consultant understands and agrees
that City's payment of amounts under this Agreement attributable to Work performed
after the last day of the current fiscal year is contingent on City appropriations, or other
expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this Agreement. In the
event City has insufficient appropriations, limitations or other expenditure authority, City
may terminate this Agreement without penalty or liability to City, effective upon the
delivery of written notice to Consultant, with no further liability to Consultant.
10.3. Statutory Requirements: The following laws of the State of Oregon are hereby
incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and
27913.235.
10.4. Nondiscrimination: Consultant agrees that no person shall, on the grounds of
race, color, religion, creed, sex, marital status, familial status or domestic partnership,
national origin, age, mental or physical disability, sexual orientation, gender identity or
source of income, suffer discrimination in the performance of any Work under this
Agreement when employed by Consultant. Consultant agrees to comply with all
applicable requirements of federal and state civil rights and rehabilitation statutes, rules
and regulations. Further, Consultant agrees not to discriminate against a
disadvantaged business enterprise, minority-owned business, woman-owned business,
a business that a service-disabled veteran owns or an emerging small business
enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS
279A.110.
10.5. Governing Law: This Agreement shall be governed by the laws of the State of
Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any
action arising under this Agreement shall be in the Circuit Court of the State of Oregon
for Jackson County unless exclusive jurisdiction is in federal court, in which case
exclusive venue shall be In the federal district court for the district of Oregon. Each party
expressly waives any and all rights to maintain an action under this Agreement in any
Page 6 of Personal Services Agreement Between the City of Ashland and ZCS, INC
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other venue, and expressly consents that, upon motion of the other party, any case may
be dismissed, or its venue transferred, as appropriate, so as to effectuate this choice of
venue.
11. Merger: This agreement and the attached exhibits constitute the entire understanding and
agreement between the parties. No waiver, consent, modification or change of terms of this
agreement shall bind either party unless in writing and signed by both parties. Such waiver,
consent, modification or change, if made, shall be effective only in the specific instance and
for the specific purpose given. There are no understandings, agreements, or representations,
oral or written, not specified herein regarding this agreement. Consultant, by signature of its
authorized representative, hereby acknowledges that he/she has read this agreement,
understands it, and agrees to be bound by its terms and conditions.
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WITNESS WHEREOF, the parties have executed this Agreement in their respective names by
their duly authorized representatives as of the dates indicated below. This Agreement may be
executed in two counterparts, each of which shall be deemed an original, with equal force and
effect as if executed in a single document.
City of Ashland�/. ZCS, INC (Consultant)
By:
Signature
V/ Signed by:
Date .........—1334IF2500934107-
Printed Name
sylaS Allen
Title
Purchase Order No. managing Principal , CEO
Date
9/9/2024
(IN9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
N/A (no changes to template)
City Attorney
Date
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CRY o% A%lophland
LIVING
ALL employers described
below r iw WAGE
of Ashlandlawsregulating
payment ofa livingwage.
per hour, effective June 30, 2024.
FTheivia�g Wage is adjusted annually e�rery�
June 30 by the Consumer Price Index.
Employeesbe • . portion of the business of of health care, retirement,
wage.living . their employer„ if the 4g11S, and IRS eligible
employer has ten or more cafeteria plans(including
employees, and has received childcare)benefits to the
For all hours worked under a financial assistance for the employee's amount of wages.
service contract between their project or business from tlle
employer and the City of City of Ashland over Note. For temporary and
Ashland if the contract $26,429.65; part-time employees, the
exceeds$26,429.65 or more. Living Wage does not apply
If their employer is the City of to the first 1948 hours worked
For all hours worked in a Ashland„ including the Parks in any calendar year. For
month, if the employee and Recreation Department, more details, please see
spends 50%or more of the Ashland Municipal Code
employee's time in that month In calculating the living wage, Section 3.12,020.
working on a project or employers may add the value
i
Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager,
City Hall', 20 East Main Street, Ashland, FOR 97520, or visit the City's website at vv.ashland. r.us.
Notice to Employers: This notice must be posted in areas where it can be seen by all employees.
4os C 1 T if O, r
Docusign Envelope it):373EO60C-13FE-41300-98D1-3F94ACBE6580
Exhibit C
CertifiicationslRepresentations: Consultant, by
and through its authorized
ative under penalty of perjury, certifies that(a)the numberiued to it and (b)Consultant is
representative,
form is its correct taxpayer ID (or is waiting for the number to be i withholding,
or(it) it has
it is exempt from backup 9
not subject to backup withholding because: ry that it is subject to backup withholding as
not been notified by the internal Revenue Service(IRS)
result of a failure to report all interest or dividends, or (ii etsentsand wa
ied it that it is no
a res Consultant further rep rm is to City that: (a)
longer subject to backup withholding. and perform the Work, (b) the
it has the power and authority to enter into this Agreement
igation of
Agreement,
when executed and delivered, shall be a valid and bi the work under the Ag reementlshail be performed inn
enforceable in accordance with its terms, (c)accordance with the highest professional standards,and(d)Consultant is qualified,professionally
Independent
and dui licensed (if applicable)to perform the Work• Consultann tax laws,s also it is an Ind eps under
competent, Y Oregon penalty of perjury that its business is not in violation of any
contrac
tor as defined in the Agreement, it is authorized todo us in sin tk efts ate of Oregon,
and Consultant has checked four or more of the following criteria
1 Consultant carries out the work or services at a location set aside as the location of
X ( )
residence or is in a specific portion of a private residen ,
the i}},iSineSS.
X 2 Commercial advertising or business cards or a trade association membership are
purchased for the business,
iistin is used for the business separate from the personal residence
X (3) Telephone 9
listing.
(4) Labor or services are performed only pursuant to written contracts.
ifferent persons within a period
X (b) Lobar or services are performed for two or more d
of one year.
Consultant assumes financial responsibility for defective workmanship ar for
(6) the ownership of performance bonds,
service not provided as evidenced b nal liability) insurance or liability insurance
warranties, errors and omission (p
relating to the Work or services to be provided.
54pned bY:
syl as Allen
�gnature
9/9/2024
Date
Page 1 of 1: Exhibit C
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Z�S WVVW.XCSe(l.00M
August 12, 2024
I
Jason Strait
City of Ashland Public Works
51 Winburn Way
Ashland, OR 97520
Reference; Ashland Community Center and Pioneer Hall
Subject: Additional Design Services Proposal#4 (Phase 2 Construction Admin Services)
We are pleased to present our proposal for additional design services (Phase 2)for the proposed
improvements at the Ashland Community Center and Pioneer Hall. It is our understanding the scope involves
construction administration services to support the City during construction of the building improvements.
Project Scope
e
..... .... _..._. ..... . _...._.. .__._....w...__._ ........_._. _r. mru ,.. ... _ ...
Based on previous discussions with you and original RFP for design services, our understanding of the
additional project scope to be included is as follows:
Where tasks are to be performed by the City of Ashland, see italicized and underlined bullet points.
• Provide technical assistance and coordination with the City during construction.
It Coordinate with City on regular and continuing basis.
• Monitor and document construction progmss to be Petformed by City of Ashland.
• Confirm contractor conformance with schedules, plans, and specifications.
• Measure and document construction pay guantities to be performed by City of Ashland.
• Manage and respond to RFIs.
■ Document and process required design changes and change orders. j
• Pre-construction conference to be conducted by City of Ashland.
• Provide a project inspector to be oil site when needed to monitor and ensure compliance with the
design and specification documents.
• Anticipate (1) site visit per month of construction and as-needed.
• Assist the City with preparation of any necessary change orders..
■ ZCS will provide review of change orders.
Provide review and approval of all required submittals.
Provide review and response to contractor generated Requests for Information (RFIs).
• Develop construction inspection records as necessary and submit copies to the City.
• Attend bi-weekly (every other) construction meetings with project manager, contractor, inspectors, and
City personnel as needed.
• Anticipate 8-month construction duration with a total of(16) OAC meetings.
• Meetings will be attended virtually.
ui
Klani:cith l'ollls I Grants Pass ( Pv'4edford I C w(Mi City �
Docusign Envelope ID:373EO6CC-i3FE-4BDO-98DI-3F94ACBE6580
• Prepare as-constructed drawings and complete all required project close-out documentation.
• Assembly of all necessary operations n7anuals (,Qrovided Py coLitractor), (HVAC, etc.) will be conducted
bV the City of Ashland.
Fees
-—-------- ............. ..........
Our services will be performed on a Time and Materials (T&M) with Not-to-Exceed (NTE) estimate unless
otherwise noted in the fee schedule. We have attached a fee schedule exhibit showing additional project fees
required for the construction administration phase of the projects.
Any significant scope changes made by the Owner or required by local review committees after
commencement of work affecting design or drawings may be considered extra services and Would be billed
with your prior authorization.
Additionally, it is assurned that our current insurance coverage will be satisfactory and not required to be
increased under the agreement.
Exclusions anxi Ass u ryiptio ris:
The following services are not included in the above fee proposal but can be provided upon your request�
• It is assumed all construction will take place at the same time at both sites.
• All third-party special inspection fees during construction are excluded,
• All Hazmat reporting and abatement scope development is excluded.
• All System Development Charges, land development fees, permitting fees, LEED design and
documentation are excluded.
• Design revisions associated with value engineering (VE) after start of construction will be considered
additional service and may require additional fee.
• Construction duration is anticipated at 8-months,Additional OAC and site meetings required beyond
this duration may require additional set-vices and will be negotiated with an additional services
agreement as necessary,
Khrlmlh Falk I flo"', � Medfold I Owqml City
Docusagn Envelope ID:373EO6CC-13FE-4BDO-98DI-3F94ACBE6580
Please review the above proposal. If you have any questions, feel that we have misinterpreted the scope of
work, or feel that the fee proposed is beyond your expectations for this project please contact LIS so that we
can work together to develop an acceptable package for this project. The services outlined above are
proposed to be performed on a T&M basis with an estimated NTE fee.
We appreciate the opportunity to submit this proposal.
Sincerely,
Stephen L. Chase Sylas E. Allen, PE
Associate I Lead Designer Managing Principal CEO
Enclosure: AppendixA — Design Fee Schedules
il,lamoth ralis, I corows po�;s Vwdf(.kid I Or000t'i Oty
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Appendix `A'
Design Fee Schedule
I
Klanwth Folls I Giont Poss I Modford I Osegon City
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I
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ASHLAND COMMUNITY CENTER & PIONEER HALL IMPROVEMENTS
I
Construction
Administration.
Project Management $18,400
Architectural $14,000
Civil $3,550
Structural $15,300
MEP (Frontier) $5,000
NTE Estimate $60 000
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[Tani ath Falls Omits Pons I Medford Orec on City r�
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AMENDMENT NO. 1
to
PERSONAL SERVICES AGREEMENT
between
THE CITY OF ASHLAND,
an Oregon municipal corporation,
{"City")
and
ZCS,INC.
("Consultant")
for
Additional Design Services—Phase 2 Construction Admin
RECITALS
A. The City and Provider previously entered into a Personal Services Agreement effective
September 17, 2024 (the "Agreement"), for Additional Design Services, Phase 2 Construction Admin
Services
B. The City and Consultant now wish to amend the Agreement to increase the amount of
compensation to be paid to Consultant and to extend the expiration date of the agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and obligations set forth
herein, the parties agree as follows:
1. Amend the amount of compensation from $60,000 (sixty thousand dollar)to $90,000 (ninety
thousand dollars), an increase of$30,000 (thirty thousand dollars).
2. Amend the Tenn of the Agreement to extend the expiration date of the PO to December 31,
2025.
3. This Amendment No. I 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. I to be signed in their
respective names by their duly authorized representatives as of the dates set forth below:
CITY OF ASH ND, OREGON ZCS,INC
By: By: fain.
City Manager: Sabrina Cotta + 3UF:2UMU01...
Printed Name. syl as Allen
Date: Title: Managing Principal , CEO
Date: 5/2/202 5
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