FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COMMERCE AND MDG ASSOCIATES, INC.
The First Amendment to this agreement (“First Amendment”) is made as of May 10, 2022, (“Effective Date”) by and between the City of Commerce, a municipal corporation ("City") and MDG Associates, Inc., (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS
This First Amendment is made with reference to the following facts:
As of the 1st day of December 2020, the parties hereto entered into a certain services agreement to provide Community Development Block Grant (CDBG) Administration and Home Preservation Grant Program Support Services for three (3) years ending December 1, 2023 (hereinafter “Master Agreement”).
The Parties hereto mutually desire to amend the Master Agreement as set forth herein.
NOW, THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
Section 1. Scope of Services
The Parties hereto agree that the Scope of Services contained in Exhibit A to the Master Agreement shall be read together with this Section 1 of the First Amendment. The Scope of Services shall be read to include application intake, qualification, and loan document processing related to the First-Time Homebuyer 2.0 Program.
Section 2. Compensation
Section 2 of this First Amendment shall be read together with Section 3 of the Master Agreement entitled COMPENSATION:
City agrees to increase compensation to Consultant for services under this Master Agreement by a not-to-exceed amount of Fifteen Thousand Dollars ($15,000).
Section 3. Incorporation of Agreement
Except as expressly amended herein, all of the terms and conditions of the Master Agreement shall remain in full force and effect and are ratified by each Party. The First Amendment and the Master Agreement contain the entire Contract of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The Parties agree that if any provisions of this First Amendment conflict with the Master Agreement, then the provisions of this First Amendment shall prevail. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Section 4. Corporate Authority
The persons executing this First 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 First Amendment on behalf of said Party, (iii) by so executing this First Amendment, such Party is formally bound to the provisions of this First Amendment, and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said Party is bound. -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK, SIGNATURES ON FOLLOWING PAGE- IN WITNESS WHEREOF, the Parties enter into this First Amendment.
CITY OF COMMERCE
(“CITY”)
By: ______________________________ ______________________ Oralia Y. Rebollo, Mayor Date
MDG ASSOCIATES, INC.
(“CONSULTANT”)
By: _______________________________ ________________________ Rudy E. Munoz, President Date
ATTEST:
By: ______________________________ ________________________ Lena Shumway, City Clerk Date APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
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