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Attachment 2 - Amendment #1 to CAPS Mobile Shower Agreement

Mayor and City Council
May 15, 2024

Document
Attachment 2 - Amendment #1 to CAPS Mobile Shower Agreement
Meeting
May 15, 2024
Body
Mayor and City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

AMENDMENT NO. 1 TO

VENDOR SERVICES AGREEMENT

WITH COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY

This Amendment No. 1 to the Vendor Services Agreement dated June 1, 202 3 (“Agreement”) is made and entered into as of this 15th day of May, 2024 by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Community Action Partnership 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 a not to exceed amount of $150,000 for the Mobile Shower Program.

C. WHEREAS, the Parties now desire to amend the Agreement to extend the term by one (1) year to May 31, 2025.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this 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.”

3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original 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.

4. 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. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO

VENDOR SERVICES AGREEMENT

WITH COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO CONSULTANT

APPROVED BY: COMMUNITY ACTION PARTNERSHIP OF

SAN BERNARDINO COUNTY

Charles A. Montoya APPROVED BY:

City Manager

Patricia L. Nickols-Butler
President & Chief Executive Officer
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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