ATTACHMENT A
Consultant/Professional Services Provider Agreement/Padilla & Associates, Inc./Project ESC20-071/Amendment 1
AMENDMENT NUMBER: ONE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
PADILLA & ASSOCIATES, INC.
FOR
REVIEW AND UPDATE OF CITY’S DBE AND
GOOD FAITH EFFORT PROGRAM
PROJECT ESC20-071
THIS AMENDMENT (the “Amendment”) is made and entered into this ____ day of _______, 2023, by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and Padilla & Associates, Inc., a California corporation, hereinafter referred to as “Consultant”, City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, the City ha d a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Review and Update of City’s DBE and Good Faith Effort Program; and
2. WHEREAS, the City had an Agreement that expired on January 7, 2023. O n or about January 18, 2023, a Letter of Agreement was issued to the Original Agreement to continue services on a month-to-month basis until the Project was completed.
3. WHEREAS, it is the desire of the Parties to issue Amendment One to the Original Agreement to increase Section 3., Compensation by $25,000, thereby amending the total cumulative not to exceed sum from $25,000.00 to $50,000.00 in order to have sufficient funds to complete outstanding projects; and
4. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Consultant/Professional Services Provider Agreement/Padilla & Associates, Inc./Project ESC20-071/Amendment 1
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The City shall pay to Consultant a sum not to exceed Fifty Thousand and 00/100 dollars ($50,000.00) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
Section 6. – TERM OF AGREEMENT - is amended as follows:
“The City hereby amends the Term of Agreement to expire on December 31, 2024 (the “Termination Date”).”
Name Change
All references in the Original Agreement to “Brian Gengler, City Engineer” are amended and replaced with “Fredy A. Bonilla, P.E., City Engineer”. In each Section of the Original Agreement in which the reference is to “Brian Gengler, City Engineer, or his designee”, the reference is amended and replaced with “Fredy A. Bonilla, P.E., City Engineer, or his designee.
Except as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/Padilla & Associates, Inc./Project ESC20-071/Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
THE CITY OF VICTORVILLE PADILLA & ASSOCIATES, INC.
By:________________________________ By:________________________________ Debra Jones, Patricia K. Padilla,
Mayor President
Dated:______________________________ Dated:______________________________
ATTEST
By:_________________________________
Jennifer Thompson,
City Clerk
Dated:_______________________________
THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By:________________________________ By:______________________________ Sandra Bostick, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:______________________________ Dated:_____________________________