2022 - 1090(a)
FIRST AMENDMENT TO THE
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF RIALTO
AND
NATIONAL PUBLIC SAFETY GROUP, LLC
1. PARTIES AND DATE.
This First Amendment to Agreement for Services ("First Amendment") is made and entered into this November 22, 2022, by and between the City of Rialto ("City"), a California municipal corporation, and National Public Safety Group, LLC, a North Carolina limited liability corporation ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Agreement for Services dated September 28, 2021, ("Agreement"), whereby Consultant agreed to consulting services for the City.
2.2 Amendment. City and Consultant desire to amend the Agreement by this First Amendment to extend the term of the Agreement and provide for additional payment.
3. AMENDMENTS.
3.1 Term. This First Amendment shall be deemed effective as of September 27, 2022. The term of the Agreement shall be extended by 10 months, and shall terminate on July 31, 2023. The City Manager shall have the authority to authorize additional services under the Agreement or further extend the term of the Agreement provided that the total compensation associated with any extended term does not exceed $100,000.00.
3.2 Contract Sum. In addition to the Compensation set forth in Article 2 of the Agreement, City agrees to pay Consultant a monthly payment of $8,803.33, during the remaining term of the Agreement, as set forth in in Exhibits A and B to this First Amendment. The total not-to-exceed payment to the Consultant during the 10 month extension period provided for in this First Amendment shall be $88,033.00.
4. GENERAL PROVISIONS.
4.1 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First 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 First Amendment. 1 2022 - 1090(a)
4.3 Counterparts. This First 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 First Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (i) they are duly authorized to execute and deliver this First Amendment on behalf of said party, (iii) by so executing this First Amendment, such party is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.
4.5 Effective Date. This First Amendment shall be deemed effective upon the execution by the Parties.
IN WITNESS THEREOF, the parties have caused their authorized representative to execute this First Amendment the day and year first above written.
CITY OF RIALTO NATIONAL PUBLIC SAFETY GROUP,
LLC
By: By:
Arron Brown Signature
Acting City Manager
Buck Mims
Printed Name
Attest:
CEO
Title
By:
Barbara McGee
City Clerk
Approved as to Form:
Burke, Williams & Sorensen, LLP
By:
Eric S. Vail
City Attorney
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