AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF ARCHITECTURAL AND ENGINEERING SERVICES
WITH FOUNTAINHEAD CONSULTING CORPORTATION
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the 19th day of March 2024, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and FOUNTAINHEAD CONSULTING CORPORATION, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective May 18, 2021 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase the not -to -exceed contract amount from $250,000 to a total not -to -exceed amount of $277,700 for engineering services for the FY 2022-2023 Street Rehabilitation Project.
(iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2.0, Paragraph one of the Agreement is hereby amended to read as follows:
2.1 Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Two Hundred Seventy - Seven Thousand Seven Hundred Dollars ($277,700).
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Professional Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Ivan S. Benavidez, Jr Damien Arrula
Director City Administrator
ATTEST:
Robert S. McKinnell,
City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen
City Attorney