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St. Francis Electric-2023-13AMENDMENT NO 1 TO AGREEMENT FOR CONTRACT SERVICES ' BETWEEN THE CITY OF GRAND TERRACE AND ST FRANCIS ELECTRIC FOR MAINTENANCE AND ON -CALL SERVICES This AMENDMENT NO 1 TO THE AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND ST FRANCIS ELECTRIC FOR MAINTENANCE AND ON -CALL SERVICES ("Amendment No 1 ") by and between the CITY OF GRAND TERRACE ("City") and ST. FRANCIS ELECTRIC, a California corporation ("Consultant") is effective as of the 28th day of March, 2023 RECITALS A The City and Consultant entered into that certain Agreement for Contract Services By and Between the City of Grand Terrace and St Francis Electric for maintenance and on -call services, dated May 24, 2022, with a total compensation of $60,000, and for a term of 3 years that may be extended by the City for two terms by 1 year ("Agreement") B By this Amendment NO 1, the City and Consultant desire to amend the total compensation of the Agreement from $20,000 per year to $60,000 total, removing the yearly limitation TERMS 1 Contract Amendments The Agreement is amended as provided herein 11 Section 2 1 (Contract Sum) is hereby amended as follows (stfiledireugh represents deleted language while bold italics represents added language) "Subject to any limitation set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference The total compensation, including reimbursement for actual expenses, shall not exceed T,, ent- , Thousand r,,,llar-s ($20 nnmper- Sixty Thousand Dollars and No Cents ($60,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 18" 12 Section V of Exhibit "C" (Schedule of Compensation) is hereby amended in its entirety and shall now read as follows (stiloedirough represents deleted language while bold italics represents added language) "The total compensation for the Services shall not exceed $29;000 per yew Sixty Thousand Dollars and No Cents ($60,000) for the term of this Agreement, as provided in Section 2 1 of this Agreement " 01247 0006/8679891 2. Continuing Effect of Agreement Except as amended by this Amendment NO 1, all provisions of the Agreement shall remain unchanged and in full force and effect From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, 1t shall mean the Agreement, as amended by Amendment NO 1 3 Affirmation of Agreement, Warranty Re Absence of Defaults City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herem Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation Consultant represents and warrants to City that, as of the date of this Amendment NO 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement City represents and warrants to Consultant that, as of the date of this Amendment NO 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement 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 5 Authority. The persons executing this Amendment NO 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (11) they are duly authorized to execute and deliver this Amendment NO 1 on behalf of said party, (111) by so executing this Amendment NO 1, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment NO 1 does not violate any provision of any other agreement to which said party is bound [SIGNATURES ON FOLLOWING PAGE] 01247 0006/867989 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment NO I on the date and year first -above written T7;,Tjj�dJb6� ebra Thomas, City Clerk APPROVED AS TO FORM ALESHIRE & / ER, LP Adrian R Guerra, City Attorney CITY CITY OF GRAND TERRACE, a ;uncipa co oration ill Hussey, M or It n r- CONSULTANT ST FRANCIS ELECTRIC; a California corporate n By Nam Title By Title X _ Address 975 Carden St, �� v San Leandro, CA 94577 NOTE CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY 01247 0006/867989 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document STATE OF CALIFORNIA gtowu-a&.Qx COUNTY OF My On 23 , 2023 before me,-�-e.���c��, perso Pal yllap�peared C5Lcj,15yv4wk fliC-P� proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature �- TERESA RENEE FELDER ��. Notary PLbiic Cailfomia Z = A ameda County Commission = 2338119 My Comr, Expires Dec 13, 2024 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING (NAME OF PERSON(S) OR ENTITY(IES)) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01247 0006/867989 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document STATE OF CALIFORNIA c�vtti2�1 COUNTY OF On y 7 3 2023 before me, P_24c��2(d , son &y�'ppearedLdfQ �j proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal 5 TERESA RENEE FELDER Notary Public California 3 Alameda county 9 Z ' commission N 2338119 .� My Comm Expires Dec 13, 2024 Signature OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING. (NAME OF PERSON(S) OR ENTITY(IES)) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01247 0006/867989 1