2008/12/22 Council Agenda Packet

• AMENDMENT N0.1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND PORTLAND ENERGY CONSERVATION INC. The City and Portland Energy Conservation Inc. ("PECI") agree to amend and modify their professional services agreement dated April 24, 2008 (the "Agreement") as follows: WHEREAS, PECI and the City entered into the Agreement dated April 24, 2008 to administer the clothes washer and toilet rebate programs in the Everett Water Service Area for the City; and WHEREAS, the actual number of rebates will exceed the planned maximum compensation in the Agreement; and WHEREAS, PECI and the City desire to extend the completion date of the Agreement from December 31, 2008, to December 31, 2009, to allow a phase-out of these programs in 2009; and WHEREAS, PECI and the City agree to amend the Agreement to extend the term to December 31, 2009 and increase the maximum compensation by$92,000 from the current contract level of $198,000 to $290,000; NOW THEREFORE, the City of Everett and PECI agree to amend and modify the Agreement as follows: 1. Paragraph 3 is modified to read as follows: The Agreement shall be completed by December 31, 2009, unless the Agreement is earlier terminated in accordance with the Termination of Contract provisions in Section 5. 2. Paragraph 4(D) is modified to read as follows: Total compensation, including all services and expenses, shall not exceed a maximum of$290,000 for 2008 and 2009. 3. This Amendment shall become effective on the date of execution of this Amendment. 4. All terms, conditions and provisions of the Agreement remain in full force and effect except as expressly modified by this Amendment, it C:\Documents and Settings kkeeman\Local Settings\Temporary Internet Files\OLKI\PSA Amendment PECI(Etna!)12 9 OS.doc