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HomeMy Public PortalAboutAgreement_2016-11-01_Martin & Chapman Company_First AmendmentFIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT by and between the CITY OF TEMPLE CITY and MARTIN & CHAPMAN COMPANY Dated November 1, 2016 FIRST AMENDMENT TO SERVICE AGREEMENT This First Amendment to Service by and between the CITY OF TEMPLE Chapman, a Company (`Contractor") on Agreement ("First Amendment'), is hereby entered into CITY, a California charter city ("City"), and Martin & November 1, 2016, as follows: RECITALS A. City and Contractor entered in a service agreement on October 4, 2016 (`Agreement"). The Agreement provides that Contractor will provide election support services. B. In October, 2016, Contractor indicated that without full revenue from the March 7 city elections, they will need to boost all election invoices by about 15% in order to cover their costs to stay open through the 2017 election season. C. This First Amendment amends Section 3 (b), COMPENSATION AND METHOD OF PAYMENT, of the Agreement, to provide that the total amount of the agreement will be increased by 15%. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 COMPENSATION. 1.1.1 Section 3 (b) of the Agreement, COMPENSATION AND METHOD OF PAYMENT, provides that the total compensation, including reimbursement for actual expenses, shall not exceed Seventy Seven Thousand Five Hundred and Ten Dollars ($77,510), unless additional compensation is approved in writing in accordance with Section 26 "Administration and Implementation' or Section 28 "Amendment' of Agreement. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First Amendment consists of pages I through 6 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. -2- Z. Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Contractor. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment, 2.5 References. All references to the Agreement include all their respectve terms and provisions. All defined terns utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY _sem. Bf an Cook, City Manager Peggy uo, City Clerk `0, ,Bid d APPROVED AST RM Enc , City Attorney CONTRACTOR: Martin &Chapman, Co. By: Nai Tit NOTE: CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY. -3- 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 ) County of Lj)�> AtjUmyS ) On �JC)UWVX`2 � 17'01(,0 before me, Date Here Insert Na e and Title of the Officer �1 personally appeared co ' p�� P I Bnz,-A mop7np Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose names) 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 persons) acted, executed the instrument. JILLIAN NUNEZ I certify under PENALTY OF PERJURY under the laws Notary Public - California -: Los Angeles County z = Commission X 2147761 My Comm. Expires Mar 28,2020t Place Notary Seal Above of the State of California that the foregoing paragraph s true and correct. WITNESS my seal. Signature gna re of Notary Public Though this section is 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ElLimited ElGeneral C Individual ElAttorney in Fact Trustee L1 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -S00 -US NOTARY (1-800-876-6827) Item #5907