HomeMy WebLinkAboutProfessional Services Agreement with Whitman & Associates for Building Official Services First AmendmentFIRST AMENDMENT to
PROFESSIONAL SERVICES AGREEMENT BETWEEN
WHITMAN & ASSOCIATES INC AND CITY OF MERIDIAN
FOR BUILDING OFFICIAL SERVICES
This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN WHITMAN & ASSOCIATES INC AND CITY OF MERIDIAN FOR BUILDING
OFFICIAL SERVICES ("First Amendment") is made this ~ ~~- day of April, 2013
("Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho (hereinafter "City"), and Whitman & Associates Inc.
("Contractor"). (Contractor and City may hereafter collectively be referred to as "Parties.")
WHEREAS, on September 25, 2012, Contractor and City entered into an Agreement
entitled, "Professional Services Agreement Between Whitman & Associates, Inc. and City of
Meridian for Building Official Services" ("September 25, 2012 Agreement") establishing the
Parties' respective rights and responsibilities regarding the provision of building official
services;
WHEREAS, the Parties find that restructuring the timing of payment due from City to
Contractor will serve the mutually-held interests of improved convenience and economy of
administration;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and in the September 25, 2012 Agreement, Contractor and the City hereby
agree and contract as follows:
I. AMENDMENTS TO SEPTEMBER 25, 2012 AGREEMENT
A. Provision replaced. Section IV.E. of the September 25, 2012 Agreement shall be
stricken, and replaced with a new provision, to read as follows:
E. Payment. Fees pertaining to services provided under this Agreement shall be
collected by City. City shall remit Contractor's allocated share of permit
revenues collected by City on the tenth (10th) day of the month following permit
issuance. City shall maintain an accounting of all permit fees and shall provide to
Contractor a full accounting therefor upon request. It is acknowledged by the
parties that the City collects permit fees when permits are issued. Contractor shall
not be entitled to payment for permits already pulled and active as of the effective
date of this Agreement though it shall provide all required building official
services related to such permits through issuance of Certificate of Occupancy.
B. Exhibit C stricken. The exhibit to the September 25, 2012 Agreement entitled Exhibit
C, Payment Schedule shall be stricken, and neither party shall have any obligation to the
other thereunder.
FIRSTAMENDMENTTOPROFESSLONAL SERVICESAGREEMENTBETWEEN WHITMAN ASSOCIATES,
INC. AND CITY OF MER/DIAN FOR BUILDING OFF/CIAL SERVICES PAGE 1 OF 2
C. Transition from "Milestone" completion. On May 10, 2013, City shall remit the
balance due of Contractor's allocated share of permit revenues collected by City for open
permits pending final payment upon completion of a Milestone or Milestones under the
terms of the September 25, 2012 Agreement.
D. All other provisions in effect. Except as expressly modified by this First Amendment or
other duly executed addenda, all provisions of the September 25, 2012 Agreement shall
remain in full force and effect. No other understanding, whether oral or written, shall be
deemed to enlarge, limit or otherwise affect the operation of the September 25, 2012
Agreement or this First Amendment thereto.
IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed
by their duly authorized officers to be effective as of the day and year first above written.
WHITMAN & ASSOCIATES, INC.:
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Daunt Whitman, President
CITY OF MERIDIAN:
Tammy d eerd, Mayor
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN WKIT MAN ASSOCIATES,
INC. AND CITY OF MERIDIAN FOR BUILDING ~FFIC/AL SERVICES
PAGE 2 OF 2