AMENDMENT NO. 3
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 Badawi & Associates (“Consultant”) is effective as of the 1st day of July 2026.
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
E. On July 1, 2024, City and Consultant entered into a first amendment to the Agreement to renew for one additional year and increase compensation by $59,199.00 to equal a not-to-exceed amount of $116,679.00 F. On July 1, 2025, City and Consultant entered into a second amendment to the Agreement renew for one additional year and increase compensation by $60,956.00 to equal a total not-to-exceed amount of $177,635.00.
G. City and Consultant now desire to amend the agreement to renew for two additional years and increase the compensation by $121,912 to equal a total not-to-exceed amount of $299,547.00 TERMS
Contract Changes. The Agreement is amended as provided herein. (a). Section 2.1 Contract Sum. The Contract Sum is revised to read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amount specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Ninety-Nine Thousand Five Hundred and Forty-Seven Dollars and Zero Cents ($299,547.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.” (b) Section 3.4 Term. The Contract Term is revised to read in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2028, except as otherwise provided in the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional one (1) year at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.
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 Kim Sao, Department Director CONSULTANT:
BADAWI & ASSOCIATES
By:
Name: Ahmed Badawi
Title: President
Address:5901 Christie Avenue, Suite 307
Emeryville, CA 94608
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.