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19-0521_SECURTEC DISTRICT PATROL, INC._Amd No. 1 to Professional Services AgreementAMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SECURTEC DISTRICT PATROL, INC. 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 21 day of May 2019, by and between the City of San Juan Capistrano, 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 ("City") and SECURTEC District Patrol, Inc., a permit parking enforcement company with its principal place of business at P.O. Box 28252, Anaheim, CA 92809-8525. City and SECURTEC District Patrol, Inc. are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. The City and SECURTEC District Patrol, Inc. have entered into an agreement entitled "Professional Services Agreement" dated July 1, 2016 ("Agreement") for the purpose of retaining the services of Consultant to provide permit parking enforcement. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the Term of services and increase the not -to -exceed amount. 3. Terms. 3.1 Amendments. Sections 1 and 2 of the Agreement are hereby amended in their entirety to read as follows: 1. Services and Term. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." The term of this Agreement shall be from July 1, Pagel of 3 2016, through June 30, 2021. 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 $127,500 [One -Hundred -Twenty -Seven Thousand Five -Hundred Dollars] for a FIVE year period. This amount is to cover all costs, and the City will not pay any additional fees for any 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. 3.3 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. 3.4 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 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SECURTEC DISTRICT PATROL, INC. CITY OF SAN JUAN CAPISTRANO Approved By: B 'a in el, ty Manager S-1yf-t1 Date Attested y. Mar Morris, City Clerk Approved As To Form: `5 3�-= Jeffrey Ballinger, City Attorney SECURTEC DISTRICT PATROL. INC. A 4h " " Signature Mark Leonetti Executive Advisor 05/2112019 Date Page 3 of 3