FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
WITH MILLER ARCHITECTURAL CORPORATION
(ENCANTO COMMUNITY CENTER IMPROVEMENTS)
This First Amendment to the Professional Services Agreement is made and entered into as of November 15, 2023 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Miller Architectural Corporation, a sole proprietorship (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated January 6, 2021, for the purpose of providing professional services for the Encanto Community Center Improvements project (the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of one year, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No.1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall commence on the Effective Date (January 6, 2021) and continue through the completion of services as set forth in Exhibit “A” or until December 30, 2024, whichever occurs earlier, unless the Agreement is previously terminated as provided for herein (“Term”).
3. Compensation. The total not to exceed compensation amount shall be increased by Seventy-Seven Thousand Seven Hundred Ninety-Five Dollars ($77,795.00) increasing the total not to exceed compensation amount from One Hundred Seventy- Eight Thousand Three Hundred Eighty-Five Dollars ($178,385.00) to Two Hundred Fifty- Six Thousand One Hundred Eighty Dollars ($256,180.00). Work shall be performed at the rates set forth in the Master Agreement.
There is no change to the total not to exceed compensation of the Master Agreement.
4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No.1 for all purposes. This Amendment No.1 may be signed using an electronic signature.
6. Counterparts. This Amendment No.1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
MILLER ARCHITECTURAL CORPORATION
(ENCANTO COMMUNITY CENTER IMPROVEMENTS PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
MILLER ARCHITECTURAL
CORPORATION
Signature
Name
Title
EXHIBIT A
ADDITIONAL SCOPE OF SERVICES
(ATTACHED)