17-0801_MDM AND ASSOCIATES_Personal Services Agreement Amd No. 1 AMENDMENT NO. 1
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE SAN JUAN CAPISTRANO HOUSING AUTHORITY
AND
MDM AND ASSOCIATES
1. Parties and Date.
This Amendment No. 1 to the Personal Services Agreement is made and entered into as of
this 1st day of August, 2017, by and between the San Juan Capistrano Housing Authority, a
municipal organization organized under the laws of the State of California with its principal place of
business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("Authority") and MDM
and Associates, a Sole Proprietorship ("Consultant"). Authority and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Consultant. The Authority and Consultant have entered into an agreement entitled
"Personal Services Agreement" dated August 15, 2015 ("Agreement") for the purpose of retaining
the services of property management and support services for the Authority operated Little
Hollywood and Rental Subsidy affordable housing programs.
2.2 Letter Agreement. On June 8, 2017, the Authority exercised its option under section
2 of the Agreement to extend the term of Agreement through June 30, 2018.
2.3 Amendment Purpose. The Authority and Consultant desire to amend the Agreement
to increase the not-to-exceed compensation amount.
2.4 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 6 of
the Agreement.
3. Terms.
3.1 Amendment. Section 3 of the Agreement is hereby amended in its entirety to read as
follows:
3.1 Amount.
Total compensation for the services hereunder shall not exceed Three Hundred
Thirty-Three Nine Hundred Twenty-Four ($333,924) as set forth in the Exhibit B and reimbursement
Page 1 of 3
61147.02100\24464451.1
for rental payments shall not exceed One Hundred Forty-Four Nine Hundred Eighty ($144,980).
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No.1. From and after the date of this Amendment No. 1, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Page 2 of 3
61147.02100\24464451.1
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PERSONAL SERVICES
AGREEMENT
BETWEEN THE SAN JUAN CAPISTRANO HOUSING AUTHORITY
AND MDM AND ASSOCIATES
SAN JUAN CAPISTRANOHOUSING MDM AND ASSOCIATES
AUTHORITY
Approved By .
,
Signatu
Be i e Marr M ePerN
xecutive Director
Nam
H0(_ CoAs6
Date
Title
7teleli y: -7 123111-
f Date
far..i; Morris, C'4C :rk
A roved As To Form:
City Attorney
Page 3 of 3
61147.02100\24464451.1