Cities Index.
Attachment A - Amendment No. 1

Victorville City Council
December 5, 2023

Document
Attachment A - Amendment No. 1
Meeting
December 5, 2023
Body
Victorville City Council
Pages
3
Original file
165 KB
Text extracted from the city's file for reading and search. Open the original on victorvilleca.primegov.com. That file is the official record.

ATTACHMENT A
Consultant/Professional Services Provider Agreement/Padilla & Associates, Inc./Project ESC20-071/Amendment 1

Page 1 of 3 ends

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

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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

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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:_____________________________

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