HomeMy WebLinkAbout19. Revised Contract Amendment - PlaceWorks
AMENDMENT NO. 2 TO
AGREEMENT FOR PROFESSIONAL SERVICES
WITH PLACEWORKS, INC.
This Amendment No. 2 to the Agreement for Professional Services is made and
entered into as of MAY 1, 2024 (“Effective Date”) by and between the City of San
Bernardino, a charter city and municipal corporation (“City”) and PlaceWorks, Inc., a
California corporation (“Consultant”). City and Consultant are sometimes referred to
herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement,
dated September 16, 2020, for the purpose of providing services for updating the General
Plan, the creation of a Downtown Specific Plan, and an update of the City Development
Code (the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in
order to cover accrued costs and compensation for the performance of the additional
services, and to outline a schedule for the performance of the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 2, and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and
are hereby incorporated herein by this reference.
2. Services. Services, as that term is defined in the Master Agreement, shall
be amended to include additional services for the utilization of the City’s General Funds
revenue to cover: (a) final publication of the State Department of Housing and Community
Development (HCD) certified 2021-2029 Housing Element, (b) preparation of the 2050
Environmental Justice Element (EJ), and (c) project administration and coordination for
the extension of the schedule for completion of the work products beyond the previously
City-confirmed time-frame of March 2023.
The additional services are more particularly described in Exhibit A-1, attached hereto to
this Amendment No. 2, and included as Attachment 2 to the staff report for this item, and
incorporated herein by this reference.
3. Compensation. The compensation for services performed pursuant to this
Amendment No. 2 shall be increased by Six Hundred and Thirty-Four Thousand and Eight
Hundred and Twenty Five Dollars and Nine Cents ($634,825.09), thereby increasing the
total not to exceed compensation of the Master Agreement to the amount of Four Million
Seven Hundred and Thirty-Two Thousand and Eight Hundred and Five Dollars and Nine
Cents ($4,759,825.09). Work for the additional services shall be performed at the rates
set forth in Exhibit B-1, attached hereto to this Amendment No. 2 and incorporated herein
by this reference.
4. Full Force. Except as amended by this Amendment No. 2, all provisions of
the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Amendment No. 2.
5. Electronic Transmission. A manually signed copy of this Amendment No. 2
which is transmitted by facsimile, email or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original executed copy of this
Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 2 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH PLACEWORKS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
2 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
PLACEWORKS, INC.
Signature
Name
Title
EXHIBIT A-1
ADDITIONAL SERVICES
[ATTACHED]
EXHIBIT B-1
SCHEDULE OF SERVICES AND COMPENSATION
[ATTACHED]