City Council

5. This Amendment No. 4 maybe executed in multiple counterparts, each of which shall be\nan original and all which together shall constitute one agreement.\nIN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as\nof the Effective Date.\n(Signatures on Following Page)\nAMENDMENT NO. 4\n36\n“\nCITY OF ADELANTO CONSULTANT\n__________________________ _________________________\nJessie Flores, City Manager Infrastructure Engineers\nSid Mousavi, Chief Executive Office\nAttest:\n___________________________\nBrenda Lopez. City Clerk\nApproved as to Form\n___________________________\nTodd Liftin, City Attorney\nAMENDMENT NO. 4\n37\n38\n39\nCITY OF ADELANTO\nAMENDMENT NO. 2 T0\nPROFESSIONAL SERVICES AGREEMENT — AS NEEDED, ON-CALL BUILDING\nAND SAFETY SUPPORT SERVICES\nThis is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Service Agreement —\nAs Needed , On Call Building and Safety Support Services (“Agreement”) made on July 13, 2022,\nand amended via Amendment No. 1 on August 23, 2023, between the City of Adelanto (“City”)\nand Infiastructure Engineers (“Consultant”), which this Amendment No. 2 is made and entered\ninto on June 26, 2024, to extend the term of the Agreement for one additional year:\n1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings\nascribed to them in the Agreement.\nSection 1.1, “Term of Services” is amended to read as follows:\nE Term of Services. The term of this Agreement shall begin on July 1, 2024,\nand shall end on June 30, 2025, unless the term of the Agreement is otherwise\ntenninated or extended as provided for in Section V5.1. The time provided to\nConsultant to complete the services required by this Agreement shall not affect the\nCity's right to terminate the Agreement, as provided for in Section V.\nSECTION 1.4, “Compensation” is amended to include the following to read as follows:\nSECTION 1.4. COMPENSATION.\nCity hereby agrees to pay Consultant a sum not to exceed FIVE HUNDRED\nTHOUSAND DOLLARS ($500,000.00) (the “Annual Not-to—Exceed Sum”)\nnotwithstanding any contrary indications that may be contained in Consultant’s proposal,\nfor the Services to be performed and reimbursable costs incurred under this Agreement\nfor the time period from July 1, 2024, to June 30, 2025. Consultant shall be paid at the\nsame hourly rates currently being paid by the City. This Annual Not-to-Exceed Sum is\nmerely a maximum budgeted sum authorized by the City, and the actual amount of\ncompensation will be based upon the amount of hours worked at the current hourly rates\n(along with any reimbursable costs). Consultant shall submit all invoices to City in the\nmanner specified herein. Except as specifically authorized in advance by City, Consultant\nshall not bill City for duplicate services performed by more than one person.\n4. All other terms and conditions of the Agreement remain in full force and effect.\n40\n41\nCITY OF ADELANTO\nAMENDMENT NO. 1 TO\nAS 'NEEDED, ON CALL BUILDING AND SAFETY SUPPORT SERVICES\nThis is Amendment No. 1 ("Amendment No. 1") to that certain AS NEEDED, ON CALL\nBUILDING AND SAFETY SUPPORT SERVICES ("Agreement") made on July 13, 2022,\nbetween the City of Adelanto ("City") and Infrastructure Engineers ("Consultant"), which this\nAmendment No. 1 is made and entered into on August 23, 2023, to EXTEND THE TERMS OF\nSERVICE AND INCREASE THE TOTAL COMPENSATION:\n1. Capitalized terms used but not defined in this Amendment No. I shall have the meanings\nascribed to them in the Agreement.\n2. 1.1 TERM:\nTerm of Services. The term of this Agreement shall begin on July 1, 2023, and shall\nend on June 30, 2024, unless the term of the Agreement is otherwise terminated or\nextended as provided for in Section V.5.1. The time provided to consultant to complete\nthe services required by this Agreement shall not affect the City's right to terminate the\nAgreement, as provided for in Section V.\n3. 1.4 COMPENSATION:\nCom2ensation. City hereby agrees to pay Consultant a sum not to exceed ONE MILLION\nTWO HUNDRED AND FIFITY THOUSAND DOLLARS ($1,250,000.00)\nnotwithstanding any contrary indications that may be contained in Consultant's prnposal,\nfor the Services to be performed and reimbursable costs incurred under this Agreement. In\nthe event of a conflict between this Agreement and Exhibit A, regarding the amount of\ncompensation, this Agreement shall prevail. City shall pay Consultant for the Services\nrendered pursuant to this Agreement at the time and in the manner set forth herein. The\npayments specified below shall be the only payments from City to Consultant for the\nServices rendered pursuant to this Agreement. Consultant shall submit all invoices to City\nin the manlier specified herein. Except as specifically authorized in advance by City,\nConsultant shall not bill City for duplicate services performed by more than one person.\nExhibit A, "Scope of Services" is supplemented to include the supplement attached as\nExhibit A hereto. The supplement to the "Scope of Services" is not intended to replace the\noriginal Exhibit A to the Agreement, but instead to augment and increase the scope of work\nlisted in the original Exhibit A to the Agreement. The initial paragraph of the original\nExhibit A, "Scope of Services", to the Agreement is amended to read as follows:\n42\nEXEEBIT A\nSCOPE OF SERVICES\nContractor shall provide AS NEEDED ON-CALL BUILDING AND SAFETY\nSUPPORT SERVICES in the amount not to exceed ONE MILLION TWO HUNDRED\nFIFTY THOUSAND DOLLAR ($1,250,000.00) as further detailed in the following\npage(s).\n4. All other terms and conditions of the Agreement remain in full force and effect.\n5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be\nan original and all of which together shall constitute one agreement .\n(Signatures on Following Page)\nAMENDMENT NO. 1\n43\nCITY OF ADELANTO: CONSULTANT NAME:\nBy: By:\nName: 1ese Flores Name: Sid Mousavi\nTitle: City Mananer Title:_ Chief Executive Officer\nDate:\n-3\nDate:\nAPPROVED AS TO FORM:\nBy : /\nTodd Lit -fin/City- Attorney\nAMENDMENT NO. 1\n44\nilostro\nCiIyof\n2022\nPROFESSIONAL SERVICES AGREEMENT\n(Engagement: As-Needed, On-Call Building and Safety Support Services)\n(Parties: Infrastructure Engineers and City of Adelanto)\nTHIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made\nand entered into this 13th day of July 2022 (hereinafter, the "Effective Date") by and\nbetween the CITY OF ADELANTO, a municipal corporation (hereinafter, "CITY") and\nINFRASTRUCTURE ENGINEERS, (hereinafter, "CONSULTANT"). For the purposes of\nthis Agreement, CITY and CONSULTANT may be referred to collectively by the\ncapitalized term "Parties." The capitalized term "Party" may refer to CITY or\nCONSULTANT interchangeably, as appropriate.\nRECITALS\nWHEREAS, CITY requires professional building and safety support services for\nCITY's Building Department and building and safety related services, tasks, and activities\non an as-needed, task-order basis; and\nWHEREAS, CITY staff has determined that CONSULTANT possesses the\nexperience, skills, and training necessary to competently provide such professional\nbuilding and safety support services to CITY; and\nWHEREAS, the execution of this Agreement was approved by the Adelanto City\nCouncil at its Regular Meeting of July 13, 2022.\nNOW, THEREFORE, for and in consideration of the mutual covenants and\nconditions herein contained, CITY and CONSULTANT agree as follows:\nI.\nENGAGEMENT TERMS\n1.1 TERM: This Agreement shall have a term commencing from the Effective Date\nthrough June 30, 2023 (hereinafter, the "Term"). The one-year Term of this\nAgreement may be annually and automatically extended by the CITY in its\ndiscretion, each year for an additional one-year extension, subject to its same\nterms and conditions, provided the CITY issues written notice of its intent to extend\nthe Term of the Agreement prior to the expiration of the initial Term. Nothing in this\nSection shall operate to prohibit or otherwise restrict the CITY's ability to terminate\nthis Agreement at any time for convenience or for cause as provided under Article\nV (Termination), below.\n1.2 SCOPE OF WORK: