FIRST AMENDMENT TO THE
SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO
AND
PARK CONSULTING GROUP, INC.
1. Parties and Date.
This First Amendment to the Services Agreement (“First Amendment”) is made and entered into this 31st day of October, by and between the City of Rialto (“City”) and Park Consulting Group, Inc., (“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 Services Agreement dated May 21, 2024, (“Agreement”), whereby Consultant agreed to provide services to the City related to providing Permitting System Implementation Services for the City of Rialto’s Tyler Tech Enterprise Permitting System.
2.2 Amendment. City and Consultant desire to amend the Agreement by this First Amendment to include additional tasks for the project as set forth in “Exhibit A” and to increase the total amount of compensation for the Agreement.
3. Terms.
3.1 Scope of Services. In addition to the Scope of Services set forth in the Agreement, Consultant shall perform the additional services included in this First Amendment to the Agreement and described in “Exhibit A,” attached hereto and incorporated herein by this reference.
3.2 Payment Terms. Consultant shall be compensated for the additional services included in this First Amendment in an amount not to exceed Three Hundred Seventy-Two Thousand Seven Hundred Dollars and Zero Cents ($372,700.00). The total compensation, including reimbursement for actual expenses, the City will pay Consultant pursuant to the Agreement as amended by the First Amendment shall not exceed Four Hundred Seventy Thousand Seven Hundred Dollars and Zero Cents ($470,700.00) (the “Contract Sum”).
3.3 Time for Performance. The time to complete the additional services included in the First Amendment shall begin immediately upon the City Council’s approval of the First Amendment.
3.5 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.
3.6 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.
3.7 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.
3.8 Conflict of Interest. Pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
3.9 Corporate Authority. The persons executing this First 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 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. [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
Park Consulting group, inc.
By:
By:
Michael Milhiser
Signature
Interim City Manager
Glenn Park
Name
Attest:
President
Title
By:
Barbara McGee
City Clerk
By:
Signature
Approved as to Form:
Glenn Park
Name
Burke, Williams & Sorensen, LLP
Secretary
Title
By:
Eric S. Vail
**Two signatures are required if a
City Attorney
corporation**
“EXHIBIT A”