2001 S Planning - Tichler & Associates forProposed Amendment to Agreement for Student Generation Rate and School Impact Fee Studies to Include Parks and Recreation Payment in Lieu, Impact Fee Analysis

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AMENDMENT TO CONSULTANT AGREEMENT BETWEEN TISCHLER & ASSOCIATES, INC. AND ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, entered into this 2 day of October, 2000, by and between Orange County, North Carolina, hereinafter called the "County ", and Tischler and Associates, Inc., hereinafter called the "Consultant" is amended with addition of Exhibit "C" and Exhibit "D" this day of May, 2001. WHEREAS the County is in need of certain services; and WHEREAS the Consultant has expertise in student generation rates and impact fee preparation. WHEREAS the Orange County Board of Commissioners approved the awarding of the contract to Tischler & Associates at their April 11, 2000, meeting and authorized the County Manager to sign an agreement incorporating substantially the same terms as the proposal, subject to final review by staff and the County Attorney. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party to the other, it is hereby agreed as follows: 1. The Consultant shall provide those services to the County as more particularly identified in the attached Exhibits "A" and "C ". 2. (A) In performing the services identified in the attached Exhibits "A" and "C ", the consultant shall perform all steps necessary to the full and effective performance of the tasks specifically referenced in Exhibits "A" and "C ". (B) The County RFP dated November 19, 1999, and as it may have been amended, and the Consultant Proposal dated January 3, 2000, are hereby each made a part of this Agreement. The Agreement shall be interpreted by reading it and the other two documents together. Discrepancies between these Agreement documents shall be resolved, first by reference to the form of this Agreement, second by reference to the Consultant Proposal and third by reference to the County RFP. 3 Consultant shall provide sufficient qualified personnel to perform all services as required herein, including but not limited to inspections and preparation of reports, as reasonably requested by representatives of the County. 4. (A) The term of this agreement shall be from the date of execution of the Agreement, and shall terminate upon the completion to the satisfaction of the County of Tasks 1 -2 in Section A and Tasks 1 -9 in Section B specified in Exhibit "A ", and Tasks 1 — 5 in specified in Exhibit "C ". (B) Notwithstanding the foregoing, this Agreement may be terminated by the County upon ten (10) days written notice, with or without cause. If this Agreement is terminated, the Consultant shall be paid for services performed to the date of Consultant's receipt of such termination notice. Tischler & Associates, Inc.