18-0220_WHITE NELSON DIEHL EVANS LLP_Professional Services Agreement 1st AmdAMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
WHITE NELSON DIEHL EVANS
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement is made and
entered into as of this 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 White Nelson Diehl Evans,
a Limited Liability Partnership with its principal place of business at 2875 Michelle Drive, Suite
300, Irvine, CA 92606 (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 May 17, 2016, ("Agreement") for the
purpose of retaining the services of Consultant to provide independent audit services.
2.2 Amendment Purpose. The City and Consultant desire to amend
the Agreement to increase the not to exceed compensation amount for
additional costs associated with the preparation of the City's State Controller's
Report.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to
Section 3 of the Agreement.
3. Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety
to read as follows:
Page 1 of 3
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $236,596. 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 Agreernent. 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]
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SIGNATURE PAGE FOR AMENDMENT NO.1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND WHITE NELSON DIEHL EVANS
CITY OF SAN JUAN CAPISTRANO
Approved By
e-�t
pef j mi gel, (7ty Manager
Date
Attest By
ria, Morris ,C' Clerk
Approved As To Form:
C
Jef Bal Inger, Cit Attorney
WHITE NELSON DII�E�HL E ANS
Signature
Name
Pfi f2 N�
Title
Date
Page 3 of 3
Z- Z2- 1,r,
CITY OF SAN JUAN CAPISTRANO
TOTAL ALL-INCLUSIVE MAXIMUM PRICE
Our maximum fees for the five years ending June 30, 2020 will be as follows:
Fiscal Year
2
Exhibit B - Page 1 of 1
Option Years
Description of Services
2015-16
2016-17
2017-18
2018-19
2019-20
Audit of City of San Juan Capistrano
$ 29,260
$ 29,260
$ 29,995
$ 30,745
$ 31,515
Audit of San Juan Capistrano
Housing Authority
3,625
3,625
3,715
3,805
3,900
Single Audit, when applicable (1)
3,745
3,745
3,840
3,935
4,035
Preparation of Annual Street Report
1,250
1,250
1,280
1,310
1,345
Preparation of City State
Controller's Report
3,050
3,500
3,588
3,678
3,770
Preparation of San Juan Capistrano
Public Financing Authority State
Controller's Report
985
985
1,010
1,035
1,060
Preparation of CAFR
3,640
3,640
3,730
3,825
3,920
Out of pocket expenses (2)
-
-
Total Not to Exceed Fees
$ 45,555
$ 46,005
$ 47,158
$ 48,333
$ 49,545
(1) This fee contemplates auditing two major programs. Additional major programs
will
be audited
for an additional cost of $2,000 each.
(2) Out of pocket expenses are included in the fees above.
2
Exhibit B - Page 1 of 1