Rogers, Anderson, Malody & Scott, LLP-2021-11(b)aog. I —t % CIO)
AMENDMENT NO.1
TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND
TERRACE AND ROGERS, ANDERSON, MALODY & SCOTT, LLP FOR INTERIM
FINANCE DIRECTOR AND ADMINISTRATION SERVICES
This AMENDMENT NO. 1 TO THE AGREEMENT FOR CONTRACT
SERVICES BETWEEN THE CITY OF GRAND TERRACE AND ROGERS,
ANDERSON, MALODY & SCOTT, LLP FOR INTERIM FINANCE DIRECTOR AND
ADMINISTRATION SERVICES ("Amendment No. 1") by and between the CITY OF
GRAND TERRACE ("City") and ROGERS, ANDERSON, MALODY & SCOTT, LLP, a
California corporation ("Consultant") is effective as of the 14th day of December, 2021.
RECITALS
A. The City entered into that certain Agreement for Contract Services between the
City of Grand Terrace and Rogers, Anderson, Malody & Scott, LLP for Interim Finance Director
and Administration Services for a total contract sum of $127,500 with an initial term ending on
June 30, 2021, and which automatically extends for succeeding terms of 1 month each until
termination ("Agreement").
B. The City desires to amend the Agreement to increase the total contract sum by
$90,000 for a total contract sum of $217,500.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein:
1.1 Section 2.1 (Contract Sum) of the Agreement is hereby amended its
entirety as follows:
"Subject to any limitations 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
Two Hundred Seventeen Thousand Five Hundred Dollars ($217,500) (the
"Contract Sum"), unless additional compensation is approved pursuant to Section
1.8:'
1.2 Section III of Exhibit C of the Agreement is hereby amended in its entirety
as follows:
"The total compensation for the Services shall not exceed $217,500 as provided in
Section 2.1 of this Agreement."
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
all provisions of the Agreement, as amended by Amendment No. 1, shall remain unchanged and
01247.0007n55138.1
in full force and effect. From and after the date of this Amendment, whenever the term
"Agreement" appears in the Agreement, it 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 herein. 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, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) 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]
01247.0007n55138.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date and year first -above written.
ATTEST:
n92:Z119A 311XMV i7oCi7:_uA
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:
CITY OF GRAND TERRACE,
CONSULTANT:
Rogers, Anderson, Malody & Scott, LLP
By:
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Name: TE,cj-v 5// e4
Title: may_ P4P7iil2/2.
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Name:
Title:
Address: 735 E. E. Carnegie Drive, Suite 100Drive, Suite 100
San Bernardino, CA 92408
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.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 1
County of SWAE-OAM4 ii,f)O 1}
On- �4.9 L�D .20A.P- before me,y ..4 A)OT
Date L Here Insert Name a d Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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.
0°e DEBZ L. THO S
Notary Pubik • California
San Bernardino County
Commission 6 2308763
Ny Comm. Expires Nw 10, 2023
Place Notary Seal and/or Stamp Above
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
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other
Signer is Representing:
02018 National Notary Association
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other:
Signer is Representing:
❑ Attorney in Fact
❑ Guardian or Conservator