Amendment No. 1 to Agreement/J. Powers Recruiting Inc. Page 1 Rev. 10/25/19
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
J. POWERS RECRUITING, INC.
PREAMBLE
This services agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and J. Powers Recruiting, Inc, a California corporation, (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled Agreement For Services between the City of Santa Clara, California and J. Powers Recruiting, Inc. dated July 24, 2023 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Consultant provide professional recruitment services.
C. The Agreement provides that in consideration for Consultant’s complete performance of services, the City shall pay Consultant for all materials provided and Services rendered by Consultant, a maximum compensation not to exceed $250,000.
D. The Parties have been actively recruiting for multiple positions since the inception of the Agreement, and anticipate additional recruitments in the near future, necessitating an Amendment to the Agreement to increase the maximum compensation by $250,000 for a revised not-to-exceed maximum compensation of $500,000, for additional professional recruitment services.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Agreement For Services, entitled “Compensation and Payment” is amended to read as follows:
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in DocuSign Envelope ID: 4BCC948B-7E11-45C7-BF7A-A1DEE3295F51 Amendment No. 1 to Agreement/J. Powers Recruiting Inc. Page 2 Rev. 10/25/2019
accordance with Exhibit B, entitled “Schedule of Fees.” The maximum compensation of this Agreement is $500,000 (Five Hundred Thousand Dollars and Zero Cents) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
2. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
J Powers Recruiting, Inc., a California Corporation
Dated:
By (Signature):
Name: Jennifer Powers
Title: President
Principal Place of
Business Address:
1972 Del Paso Road, Suite 155
Sacramento, CA 95834
Email Address: [email protected]
Telephone: (916) 304-6661
Fax: N/A
“CONSULTANT”
DocuSign Envelope ID: 4BCC948B-7E11-45C7-BF7A-A1DEE3295F51 December 7, 2023 | 4:32 PM PST