18-0220_VINCENTBENJAMIN GROUP, LLC_Amd No. 2 to the Professional Services AgreementAMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
VINCENTBENJAMIN GROUP, LLC
1. Parties and Date.
This Amendment No. 2 to the Professional Services Agreement is made and
entered into as of this 9(`) day of February, 2018, 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. The Parties entered into a First Amendment to the Professional Services
Agreement dated September 6, 2017 to increase compensation to an amount not to
exceed $45,000.
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. 2 is authorized pursuant to
Section 2 of the Agreement.
3. Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended in its
entirety to read as follows:
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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".
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $100,000. 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.
2, all other provisions of the Agreement remain in full force and effect and shall
govern the actions of the parties under this Amendment No. 2. From and after
the date of this Amendment No. 2, whenever the term "Agreement" appears in
the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
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.2.
3.5 Severabili&. If any portion of this Amendment No. 2 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]
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SIGNATURE PAGE FOR AMENDMENT NO.2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND VINCENTBENJAMIN GROUP, LLC
CITY OF SAN JUAN CAPISTRANO
Approved By:
�� Fo2 6,N5
Benj inSiegel, City Manager
Date
Attest By.
-
rt
Mkia,Morris, rk
Approved As To Form,
Jeff Ballinger, City Attorney
VINCENTBENJAMIN GROUP, LLC
r-
Signature
_ Robert Lunny
Name
CFO
Title
1/24/18
Date
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SIGNATURE PAGE FOR AMENDMENT NO.2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND VINCENTBENJAMIN GROUP, LLC
CITY OF SAN JUAN CAPISTRANO VINCENTSENJAMIN GROUP, LLC
Approved By..
Bent in Siegel, City Manager
Date
Attest By:
Maris Morris, City Clerk
Approved As 7'o Form:
effel finger ,Attorney
;9�� L--11-7
Sigrm"e
Robert Lunn
Name
CFO
This
1/24118
Date
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