AMENDMENT NO. 2
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and LIEBERT CASSIDY WHITMORE a Professional Corporation, a legal firm (“Consultant”) is effective as of the 19th day of December, 2023.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 1, 2022 (“Agreement”) whereby Consultant agreed to provide legal services.
B. City and Consultant entered into the First Amendment on August 11, 2023 to update Exhibit B, Schedule of Compensation and extend term.
C. City and Consultant now desire to amend the Agreement to increase compensation in an amount not-to-exceed $110,000.00.
TERMS
Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1, Contract Sum, For the services rendered pursuant to this Agreement Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference but not to exceeding the maximum contract amount of One-Hundred and Ten Thousand Dollars ($110,000)(“Contract Sum”).
Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Rob Burns, Department Director CONSULTANT:
LIEBERT CASSIDY WHITMORE, A PROFESSIONAL CORPORATION
By:
Name:
Title:
By:
Name:
Title:
Address: 6033 West Century Blvd, 5th Floor
Los Angeles, CA 90045
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.