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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