Victorville City Council
December 5, 2023

ATTACHMENT B
Consultant/Professional Services Provider Agreement/Padilla & Associates, Inc./Project ESC21-094/Amendment #2Page 1 of 3 AMENDMENT NUMBER: TWO TO CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT BY AND BETWEENCITY OF VICTORVILLE AND PADILLA & ASSOCIATES, INC. FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) AND LABOR COMPLIANCE SERVICES, PROJECT ESC21-094 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 has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Disadvantaged Business Enterprise (DBE) and Labor Compliance Services; and 2. WHEREAS, on or about June 1, 2023, Amendment One (1) was issued to the Original Agreement to increase Section 3., Compensation by $26,780.11, thereby amending the total cumulative not to exceed sum from $69,643.43 to $96,243.54; and revise Section 4., Consultant’s Proposal to include additional work; and 3. WHEREAS, it is the desire of the Parties to issue Amendment Two (2) to the Original Agreement to increase Section 3., Compensation by $35,000.00, thereby amending the total cumulative not to exceed sum from $96,243.54 to $131,243.54 in order to have sufficient funds to complete outstanding projects; and revise 3., Term of Agreement to expire December 31, 2024; 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. Contract Amendment Section 3. – COMPENSATION – is amended as follows: “The City shall pay to Consultant a sum not to exceed One Hundred Thirty-one Thousand Two Hundred Forty-three and 54/100 dollars ($131,243.54) for faithful Consultant/Professional Services Provider Agreement/Padilla & Associates, Inc./Project ESC21-094/Amendment #2Page 2 of 3 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 commence 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, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect. (SIGNATURES ON NEXT PAGE) Consultant/Professional Services Provider Agreement/Padilla & Associates, Inc./Project ESC21-094/Amendment #2Page 3 of 3 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:___________________________