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17-0906_VINCENTBENJAMIN GROUP, LLC_Amd No. 1 to the Professional Services Agreement AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND VINCENTBENJAMIN GROUP, LLC 1. Parties and Date. This Amendment No.1 to the Professional Services Agreement is made and entered into as of this 1P-0 day of September, 2017, by and between the City of San Juan Capistrano, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and VincentBenjamin Group, LLC, an Arizona limited liability corporation, with its principal place of business at 2415 E. Camelback Road, Suite 1000, Phoenix, Arizona, 85016 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled "Professional Services Agreement" dated June 15, 2017, ("Agreement") for the purpose of retaining the services of Consultant to provide temporary staffing services. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase the not to exceed compensation amount. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2 of the Agreement. 3. Terms. 3.1 Amendment. Section 2(b) of the Agreement is hereby amended in its entirety to read as follows: 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services at an hourly rate mutually agreed to in writing by the Consultant and the City. The hourly bill rate shall be negotiated on a case by case basis in accordance with the Schedule of Charges set forth in Exhibit "A". Page 1 of 3 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $45,000. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 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 m& SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND VINCENTBENJAMIN GROUP, LLC CITY OF SAN JUAN CAPISTRANO VINCENTBENJAMIN GROUP, LLC Approved By: (--- 6LivtAA- CaKyli Pt y191-'11) Sig ture L B j i . el, City Manager q x'4111 O Cam pa ono I 0 IS(7 Name Date Attested By: (� �a� Title L. 1 61// 2 / 200 Mari rris, City Clerk Date Approved As To Form: - - /1 / Jeff Ballinger, e City A Y Page 3 of 3