1 FIRST AMENDMENT TO AGREEMENT 2023-015
BETWEEN THE CITY OF CUPERTINO AND M-GROUP
FOR PLANNING STAFFING SUPPORT
This First Amendment to Agreement 2023-015 between the City of Cupertino and M-GROUP is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and M-GROUP, a Corporation (“Contractor”) whose address is 51 E Campbell Ave #1247, Campbell, CA 95009, and is made with reference to the following:
RECITALS:
A. On March 2, 2023 Agreement 2023-015 (“Agreement”) was entered into by and between City and Contractor for Planning Staffing Support.
B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Paragraph 2 of the Agreement is modified to read as follows:
SERVICES
Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
In performing the scope of services, consultant shall pay the City $100 per month for the use of laptops, monitors, and headphones. Such payment can be applied to consultant’s invoice to the City as a credit.
2. Paragraph 4 of the Agreement is modified to read as follows:
COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $159,200 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C-1, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual cost exceeds the capped amount. No extra work or payment is permitted without prior written approval of City.
Attachment C
2 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable. completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisitionrelieves City of any further payment or other obligations under the Agreement. 3. Exhibit C to the Agreement is replaced with Exhibit C-1, attached hereto.4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.CITY OF CUPERTINOByTitleDateAPPROVED AS TO FORMCity Attorney ATTEST:City ClerkDate M-GROUPByTitleDate
3 EXPENDITURE DISTRIBUTION Item PO Number AmountBase 2023-456$109,2001stAmendment $50,000Total $159,200