AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES
AGREEMENT
WITH MILLER ARCHITECTURAL CORPORATION
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of December 17, 2025 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and Miller Architectural Corporation, a California corporation ("Consultant"). City and 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, on November 15, 2023, the Parties executed Amendment No. 1 to the Master Agreement in order to revise the scope of work and incre ase the not -to-exceed compensation from $178,385.00 to $256,180.00;
C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement through July 31, 2027, add additional work to the Scope of Work, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.
NOW, T HEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2, Amendment No. 1, the Master Agreement, as previously amended, 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. Additional Services. The Scope of Work shall be amended to include additional services as more particularly described in Attachment A -1, attached hereto to this Amendment No. 2 and incorporated herein by this reference.
3. Term. The term of the Master Agreement, as previously amended, is hereby extended through July 31, 2027, unless earlier terminated in accordance with the Agreement.
4. Compensation. The total not -to-exceed compensation amount is hereby increased by Seventy-Three Thousand Four Hundred Dollars and Zero Cents ($73,400), increasing the total not -to-exceed compensation amount from Two Hundred Fifty -Six Thousand One Hundred Eighty Dollars and Zero Cents ($256,180.00) to Three Hundred Twenty-Nine Thousand Five Hundred Eighty Dollars and Zero Cents ($329,580.00).
5. Full Force. Except as amended by this Amendment No. 2, all provisions of
the Master Agreement, as previously amended, 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.
6. 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.
7. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE TO
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
WITH MILLER ARCHITECTURAL CORPORATION
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: MILLER ARCHITECTURAL
CORPORATION
Eric Levitt,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
Attachment A-1
Additional Scope and Fee