THIRD AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF RIALTO AND
4LEAF, INC.
This THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (“Third Amendment”) is entered into and effective as of December 13, 2022, by and between the CITY OF RIALTO, a California municipal corporation (“City”) and 4LEAF, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” of collectively as “Parties”.
RECITALS
WHEREAS, on July 27, 2021, the Parties entered into a Professional Services Agreement, duly authorized by the City of Rialto City Council, for Consultant to provide On-Call Building Plan Check, Inspection and Related Services, (hereby the “Agreement”); and
WHEREAS, the Parties entered into the First Amendment to the Agreement to increase the initial contract amount by $38,400 to $288,400 for fire plan check and inspection services, and to incorporate provisions allowing for increases to the contract amount to account for increased plan check and/or building permit fee revenue corresponding to higher than anticipated services to be furnished by Consultant; and
WHEREAS, the Parties entered into the Second Amendment to the Agreement to increase the initial contract amount to $830,814 for additional contract staff support services through December 31, 2022 to be furnished by Consultant; and
WHEREAS, the Parties have since agreed to increase the amended contract amount by $180,000 to $1,010,814 for additional contract staff support services furnished by Consultant, and (2) to extend the contract through June 31, 2023; and
WHEREAS, the Parties now wish to enter into this Third Amendment for the reasons set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the Parties do hereby agree to enter into this Third Amendment which modifies and amends the Agreement as follows:
1. OPERATIVE PROVISIONS
1.1 Section 2.1 entitled “Contract Sum” is hereby revised to read in its entirety as follows:
For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” and inc orporated herein by this reference, but not exceeding the maximum contract amount of One Million Ten Thousand Eight Hundred Fourteen Dollars ($1,010 ,814) (“Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
1.2 Section 3.4 entitled “Term” is hereby revised to read in its entirety as follows:
The term of this Agreement shall commence upon July 20, 2021. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through June 30, 2023.
2. GENERAL PROVISIONS
2.1 Remainder Unchanged. Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties.
2.2 Integration. This Third Amendment consists of pages 1 through 3 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Amendment.
2.3 Effective Date. This Third Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment.
2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed by their duly authorized representatives.
For the City of Rialto, a California
municipal corporation
For the Consultant, 4LEAF, Inc., a
California corporation
Marcus Fuller, City Manager
ATTEST:
Signature
Kevin Duggan, President
Printed Name / Title
Barbara McGee, City Clerk
APPROVED AS TO FORM:
Signature
Gene Barry, Vice President
Printed Name / Title
Eric Vail, City Attorney