17-0806_EUROFINS EATON ANALYTICAL, INC._Personal Services Agreement Amd No. 1 AMENDMENT NO. 1
TO THE PERSONAL SERIVCES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
EUROFINS EATON ANALYTICAL, INC.
1. Parties and Date.
This Amendment No. 1 to the Personal Services Agreement between the City of San
Juan Capistrano and Eurofins Eaton Analytical (Exhibit 1), is made and entered into as of
this 6th day of August, 2017, 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
Eurofins Eaton Analytical, Inc., a with its principal place of business at 750 Royal Oaks
Drive, Suite 100, Monrovia, CA 91016 ("Consultant"). City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
Personal Services Agreement dated August 6, 2013 ("Agreement") for the purpose of
retaining the services of Consultant to provide laboratory services for water quality testing
and sample collection.
2.2 Amendment Purpose. The City and Consultant desire to amend the
Agreement to allow for an additional extension of the term of the Agreement.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to
Section 6 of the Agreement.
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3. Terms.
3.1 Amendment. The second paragraph of Section 1 of the Agreement is hereby
amended in its entirety to read as follows: This Agreement shall commence on the effective
date and shall terminate one (1), year from the effective date. The City Manager shall be
able to approve an extension of this Agreement for four additional one year periods, or any
fraction thereof, if agreed upon by both parties.
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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.
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SIGNATURE PAGE
FOR AMENDMENT NO. I TO THE PERSONAL SERIVCES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND EUROFINS EATON ANALYTICAL, INC.
CITY OF SAN JUAN CAPISTRANO EUROFINS EATON ANALYTICAL, INC.
Approved By:
/ 1
jam S -! =1
ignature
City Ma = .er Bosco Ramirez
dint"---- • -3._l7 Name
Date
r, / President
e By
Title
♦ 7-24-17
aria Morris, I = • Date
Approved As To Form.
Ci omey
•
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