SECOND AMENDMENT TO THE
SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO
AND
ADVANCED AVANT-GARDE CORPORATION
1. Parties and Date.
This Second Amendment to the Professional Services Agreement (“Second Amendment”) is made and entered into this February __, 2023, by and between the City of Rialto (“City”), a California municipal corporation, and Advanced Avant-Garde Corporation, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. Recitals.
2.1 Agreement. City and Consultant entered into that certain Services Agreement dated August 10, 2021, (“Original Agreement”), whereby Consultant agreed to provide services associated with the implementation and administration of the City’s Community Development Block Grant Program and Neighborhood Stabilization Program.
2.2 First Amendment. In August 2022, City and Consultant entered into a First Amendment to the Agreement to extend the Term of the Agreement. As used herein, the Original Agreement as amended by the First Amendment shall be referred to as the “Agreement.”
2.3 Second Amendment. The parties desire to amend the Agreement further to include additional scope of services, extend the term of the Agreement, and include additional compensation for Consultant.
3. Amendment.
3.1 Extension of Term. Section 3.4 of the Agreement is amended and restated as follows: “Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until December 31, 2026.”
3.2 Additional Services. In addition to the Scope of Services set forth in Section 1.1 of the Agreement, Consultant shall also provide the City with the services described in Exhibit A, attached hereto and incorporated herein (“CalHome Services”).
3.3 Compensation. In addition to the compensation set forth in section 2.1 of the Agreement, the City agrees to pay Consultant the amounts specified in the “Schedule and Compensation” portion of Exhibit A, attached hereto, for the CalHome Services provided by Consultant. The total compensation, including reimbursement for actual expenses, for the CalHome Services shall not exceed Four Hundred Seventy-Five Thousand Dollars ($475,000).
3.4 Invoices. In preparing invoices to submit to the City in accordance with Section 2.4 of the Agreement, Consultant shall include separate entries for the CalHome Services, and all other services performed by Consultant under the Agreement.
4. general provisions.
4.1 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
4.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
4.3 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
4.4 Corporate Authority. The persons executing this Second Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Second Amendment on behalf of said party, (iii) by so executing this Second Amendment, such party is formally bound to the provisions of this Second Amendment and (iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said party is bound.
4.5 Effective Date. This Second Amendment shall be deemed effective as of the execution of the Second Amendment by all parties. [Signatures on Following Page]
IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year first above written.
CITY OF RIALTO
ADVANCED AVANT-GARDE CORPORATION
By:
By:
Arron Brown
Signature
Acting City Manager
Printed Name
Attest:
Title
By:
Barbara McGee
City Clerk
By:
Signature
Approved as to Form:
Printed Name
Burke, Williams & Sorensen, LLP
Title
By:
Eric S. Vail
**Two signatures are required if a
City Attorney
corporation**
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