FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This First Amendment (“First Amendment”) to the agreement for on-going professional consulting services, is entered into as of April 23, 2024, by and between the CITY OF COMMERCE, a California municipal corporation (“City”), and Moore Iacofano Goltsman, Inc. (MIG) (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party,” and jointly as “Parties.”
RECITALS
A. The Parties entered into the agreement for on-going professional consulting services for the City of Commerce on April 12, 2022 for the purpose of preparing a comprehensive update to the General Plan and Zoning Ordinance, and the preparation of the related Environmental Impact Report (EIR) for the City of Commerce (hereinafter “Master Agreement”).
B. The City and Contractor desire to amend the Master Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:
Section 1. Compensation
Section 1 of this First Amendment shall be read together with Section 2 of the Master Agreement entitled COMPENSATION:
The City agrees to increase the total funding approved by the City pursuant to the Master Agreement to reflect the preparation of an additional environmental analysis associated with the City’s Sixth-Cycle Housing Element that was not considered as part of the original scope of services, by an amount not to exceed Thirty-Five Thousand Two Hundred ($35,200) dollars.
Section 2. 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 3. Corporate Authority
The persons executing this Agreement 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 Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
IN WITNESS WHEREOF, the Parties enter into this First Amendment.
CITY OF COMMERCE MOORE IACOFANO GOLTSMAN, INC. (“CITY”) (“CONRACTOR”)
____________________________ ____________________________ Hugo A. Argumedo Daniel Iacofano, CEO
Mayor
Date: ___________ Date: ___________
APPROVED AS TO FORM:
______________________________
Noel Tapia, City Attorney
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