BrownArmstrong.Amend2.Agr2023-180
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AGREEMENT NO. 2023-180 (2)
AMENDMENT NO. [2] TO
AGREEMENT NO. 2023-180
This AMENDMENT NO. 2 TO AGREEMENT NO. 2023-180 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and BROWN ARMSTRONG ACCOUNTANCY CORPORATION a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, CITY and CONTRACTOR entered into Agreement No. 2023- 180 for auditing services; and
WHEREAS, the parties amended Agreement No. 2023- 180 to extend the term (incorrectly by referencing Section 4); and
WHEREAS, the parties desire to amend Agreement No. 2023 -180 a second time for an additional audit period, to extend the term of the Agreement, to increase compensation, and to correct the error above.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2023-180 entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work. Compensation for all work, services or products called for under this agreement shall consist of a total payment of ONE HUNDRED TWO THOUSAND FIVE HUNDRED DOLLARS ($102,500) which shall be paid as follows: in increments as set forth herein and upon completion to the satisfaction of the CITY, of those items described in CONTRACTOR’S proposal, not to exceed TWO HUNDRED FIVE THOUSAND DOLLARS ($205,000).
2.1 At the completion of each of the items, all documents shall have been completed by CONTRACTOR, and shall be submitted to CITY by CONTRACTOR. Three (3) copies of each document shall be included in the compensation set forth herein. Upon the review and approval of CITY staff of the CONTRACTOR’s work and submission of an invoice as set forth herein, the sums stated above shall be paid.
Docusign Envelope ID: 680A71D1-1336-454B-BA50-E603D0712F35 BrownArmstrong.Amend2.Agr2023-180
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2.2 The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out - of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR . In no case will CITY compensate CONTRACTOR more than $205,000 for performing the Scope of Work. Ten percent (10%) shall be withheld from each payment pending delivery of the firm’s final reports.
2. Section 3 of Agreement No. 2023 -180 entitled “TERM” is hereby amended to read as follows:
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2026.
3. Section 4 of Agreement No. 2023 -180 entitled “TERMINATION” is hereby to read as follows:
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
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Docusign Envelope ID: 680A71D1-1336-454B-BA50-E603D0712F35 BrownArmstrong.Amend2.Agr2023-180
S:\Finance\Agrs\24-25\BrownArmstrong.Amend2.Agr2023-180.doc -- Page 3 of 3 Pages --
4. Except as amended herein, all provisions of Agreement No. 2023- 180 shall remain in full force and effect , and Amendment No. 1 to Agreement No. 2023-180 is hereby terminated.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2023-180 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD BROWN ARMSTRONG
ACCOUNTANCY CORPORATION
By:____________________________ By:_________________________________
KAREN GOH LINDSEY ZIMMERMAN
Mayor Partner
APPROVED AS TO CONTENT:
FINANCE DEPARTMENT
By:____________________________
TERA LOVELESS-ORTIZ
Assistant Finance Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
VIRGINIA GENNARO
City Attorney
Insurance:____________
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
VG/pt
Docusign Envelope ID: 680A71D1-1336-454B-BA50-E603D0712F35