AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
WITH HOPE THE MISSION
This Amendment No. 2 to the Professional Services Agreement dated June 1, 2023 (“Agreement”) is made and entered into as of this 1st day of May, 2024 by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Hope the Mission, a California nonprofit corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
A. WHEREAS, City and Consultant entered into the Agreement on June 1, 2023.
B. WHEREAS, City Council authorized $1,500,021.48 in ARPA funds for Homeless Outreach Services over a two (2) year period.
C. WHEREAS, on June 26, 2023, City and Consultant executed Amendment No. 1 to the Agreement, which amended Section 4(b) of the Original Agreement to limit Consultant costs to no more than $1,500,000, amended Exhibit B of the Original Agreement – the Schedule of Charges for services rendered, and amended Section 16(g)(i) of the Original Agreement to have Cyber Liability of $250,000 per occurrence and aggregate.
D. WHEREAS, the Parties now desire to amend the Agreement to extend the term by one (1) year to May 31, 2025 with a one (1) year option to extend the term.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2, Amendment No. 1, and the original 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. Amendment to Section 6 of the Original Agreement. Section 6 of the Agreement is hereby amended in its entirety to read as follows:
“Term. This Agreement shall commence on the Effective Date and continue through May 31, 2025, with a one (1) year option to extend the agreement.”
3. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original Agreement, as modified by Amendment No. 1, 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. 2.
4. Electronic Transmission. A manually signed copy of this Amendment No. 2 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. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
5. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original, and together which shall constitute one and the same Amendment No. 2.
SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
HOPE THE MISSION
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY:HOPE THE MISSION
Charles A. Montoya APPROVED BY:
City Manager
Ken Craft
Chief Executive Officer
APPROVED AS TO FORM:
Best Best & Krieger LLP