1 Brackens Kitchen, Inc
Amendment Two
AMENDMENT NUMBER TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH
BRACKEN’S KITCHEN, INC
This Amendment Number Two (“Amend ment”) to Professional Services Agreement is made and entered into this 6th day of June, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a muni cipal corporation (“City”) and BRACKEN’S KITCHEN, INC, a California non-profit corporation (“Contractor”).
WHEREAS, City and Contractor entered into an agreement on April 19, 2022, for Contractor to provide food and commercial kitchen management services at the City’s homeless shelter located at 3175 Airway Avenue, Costa Mesa (the “Agreement”); and WHEREAS, City and Contractor entered into Amendment Number One on March 7, 2023, exercising the first of three options to extend the term fo r one additional year, which is set to expire on April 18, 2024; and
WHEREAS, due to an increase in services at the homeless shelter, City seeks to increase the maximum compensation allowed to Contractor in consideration of the additional meals required.
NOW, THEREFORE, for valuable consider ation, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Lease as follows:
1. Section 2.1 of the Ag reement is amended to increase Contractor’s maximum compensation to an amount not to exceed Four Hundred Thousand Six Hundred Dollars ($400,600).
2. All terms not defined herein shall have the same meaning and use as set forth in the Agreement, as amended.
3. All other terms, conditions, and provis ions of the Agreement, as amended, shall remain in full force and effect.
4. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be c onstrued together and shall constitute one Agreement together with the Agreement, Amendment Number One and this Amendment Number Two.
[Signatures appear on following page]
ATTACHMENT 3
2 Brackens Kitchen, Inc
Amendment Two
IN WITNESS WHEREOF , the Parties hereto have c aused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.
CONTRACTOR
________________________________ Date: __________________________ Signature
________________________________
Name and Title
CITY OF COSTA MESA
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
3 Bracken’s Kitchen, Inc
Amendment Two
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Lori Karaguezian
Project Manager
APPROVE AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director