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FIRST AMENDMENT TO AGREEMENT BETWEEN THE
AVENEW LLC AND THE CITY OF LANCASTER
This First Amendment (“First Amendment”) is made and entered into this 25 day of February 2025, between the AVENEW SOLUTIONS LLC, a California Corporation (“CONSULTANT”) AND THE CITY OF LANCASTER (“CITY”) (collectively, sometimes referred to hereinafter as the “Parties”).
RECITALS
WHEREAS, the City desires to engage a Consultant to perform certain technical and professional services, as provided herein, identified as:
Performance Metrics Implementation and Optimization (THE “SERVICES”) WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement;
WHEREAS, certain changes in personnel have occurred, requiring further amendment of the Agreement; and
In consideration of the mutual covenants and conditions the CONSULTANT and the CITY agree as follows:
TERMS AND CONDITIONS
1. AMENDMENT TO SECTION 2. Section 2 of the Agreement is hereby deleted in its entirety and replaced with the following:
2.Notices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.
CITY City of Lancaster
Attn: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534
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CONSULTANT Ave New Solutions, LLC
Attn: Barbara J. Maynard, Co-CEO
5256 S. Mission Rd., Suite703, #335
Bonsall, CA 92003
2. AMENDMENT TO SECTION 5. Section 5.A of the Agreement is hereby deleted in its entirety and replaced with the following:
5. Obligations of the City.
A. The City shall pay Consultant an amount not to exceed $653,565.00 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the monthly rates set forth in “Exhibit A”.
3. AMENDMENT TO SECTION 10. Section 10 of the Agreement is hereby deleted in its entirety and replaced with the following:
10. Term: Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement (March 27, 2024) by the City and the Consultant. This Agreement shall continue in full force and effect for twenty-four (24) months, unless the Agreement is sooner terminated in accordance with its terms; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.
4. AMENDMENT TO SECTION 18. Section 18 of the Agreement is hereby deleted in its entirety and replaced with the following:
18. Exhibits. The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety. In the event of a conflict between the terms of this Agreement and the terms of the exhibits, this Agreement shall control.
Exhibit “A” Scope of Services and Rates Schedule
5. AMENDMENT TO EXHIBIT A. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A hereto.
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6. EFFECTIVE DATE
This First Amendment shall be effective February 25, 2025, for the term specified in Section 10 of the Agreement.
7. NO OTHER CHANGES
Except as amended by this First Amendment, all provisions of the Agreement shall remain in full force and effect and shall govern the actions of the Parties.
This Agreement is executed in the City of Lancaster, County of Los Angeles.
AVENEW SOLUTIONS LLC CITY OF LANCASTER
BY: ____________________________ BY: __________________________ Barbara Maynard, Co-CEO Trolis Niebla, City Manager DATED: _______________________ DATED: _______________________ Approved as to Legal Form
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