18-0403_VINCENTBENJAMIN GROUP, LLC_Amd No. 3 to the Professional Services AgreementAMENDMENT NO. 3
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
VINCENTBENJAMIN GROUP, LLC
1. Parties and Date.
This Amendment No. 3 to the Professional Services Agreement 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, California 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") is made and entered into as of
this '`� day of April 2018. The City and the Consultant are sometimes
individually referred to as "Party" and collectively as "Parties" in this Amendment.
2. Recitals.
2.1 Consultant. The City and the Consultant entered into an agreement
entitled "Professional Services Agreement" on June 15, 2017 ("Agreement") for the
purpose of retaining the Consultant to provide temporary staffing services. The
Parties entered into a First Amendment to the Professional Services Agreement on
September 6, 2017 to increase compensation to an amount not to exceed $45,000
and a Second Amendment on February 20, 2018 to increase compensation to an
amount not to exceed $100,000.
2.2 Amendment Purpose. The City and the Consultant desire to amend the
Agreement to increase the not -to -exceed compensation amount and to extend the
term of the Agreement.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to
Section 2 of the Agreement.
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3. Amendment.
3.1 Amendment. Section 2 and Section 5 of the Agreement are hereby
amended in their 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, conform to the hourly rate
schedule set forth in Exhibit A to this Amendment, and be memorialized in writing. The hourly
bill rate so negotiated shall cover all costs related to the services provided, and the City will
not pay any additional costs incurred by the Consultant. In no event shall the amount paid for
services rendered by the Consultant in a given fiscal year under this agreement exceed the
amount remaining on the City Council's annual appropriation for personnel services, as
amended. The City's obligation pursuant to this Section 2 to pay the Consultant beyond the
first fiscal year in which this Agreement is approved is expressly made contingent upon the
availability of funds identified by the City in its discretion, or to such yearly appropriation and
allocation of resources as determined by the City Council.
b. 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.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). The Notice to Proceed shall set forth the date of commencement of work.
Services shall terminate on June 30, 2019.
4. Continuing Effect of Agreement.
Except as amended by this Amendment No. 3, all other provisions of the Agreement remain
in full force and effect and shall govern the actions of the parties under this Amendment No.
3. From and after the date of this Amendment No. 3, whenever the term "Agreement"
appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.
3.
5. 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. 3.
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6. Severability.
If any portion of this Amendment No. 3 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. 3
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND VINCENTBENJAMIN GROUP, LLC
CITY OF SAN JUAN CAPISTRANO
Approved By:
-,Y
y mi jp el, y Manager
G�--g-
Date
A ffest-By:
M Morris, ON Clerk
Approved As To Form:
Jeffrey Ballinger, City Attorney
VINCENTBENJAMIN GROUP, LLC
Signature
Name
Title
Date
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TEMORARY STAFFING RATES
Position
Rate per hour
Receptionist
$20.00 to $28.00
Customer Service Representative
$20.00 to $28.00
Other Positions
1$20.00 to $45.00
Exhibit A - Page 1 of 1