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HomeMy Public PortalAboutAgreement_2018-04-17_Vavrinek, Trine, Day & Company, LLP_Second AmendmentSECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT by and between the CITY OF TEMPLE CITY went Vavrinek, Trine, Day & Company, LLP Dated April 17, 2018 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Second Amendment to Consultant Services Agreement ("Second Amendment"), which is dated April 17, 2018, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and Vavrinek, Trine, Day & Company, a limited liability partnership ("Service Provider'), as follows: RECITALS A. City and Service Provider entered into an Agreement for Services on April 6, 2016 ("Agreement'). The Agreement provides that the Service Provider will provide professional audit services. B. A First Amendment to the Agreement was entered into on April 4, 2017 ("First Amendment") for Fiscal Year 2017-18. C. This Second Amendment renews the City's agreement with Vavrinek. Trine, Day & Company for audit services for Fiscal Year 2017-18. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 Section 1. Section 1 is hereby amended to read as follows: Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for 12 months commencing on the date when the Second Amendment is property executed by the appropriate authorities of the City and Service Provider. 1.2 Section 4 of the Agreement is hereby amended as follows: The third sentence of Section 4, subparagraph (a) of the agreement is amended to read as follows: The total all-inclusive maximum fee for FY 2017-18 audit shall be: Fifty Four Thousand, five hundred and ninety dollars ($54,590). Amount not to change unless additional compensation is approved in writing by the City Council or City Manager." 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties. -2- 2.2 Integration. This Second Amendment consists of pages I through cj 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 Second Amendment. 2.3 Effective Date. "Phis Second 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 Service Provider, 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. APPROVED AS TO FORM Eric S. Vail, City Xnomcy (2"a signature required if Corp( Corporation) CITY: THE CITY OF TEMPLE CITY By: --- Bryat Cook, City Manager ATTEST: P Peggy Kau, City Clerk 5 (2 (ZDl $ SERVICE PROVIDER: -3- A notary public or other officer completing this certificate verifies only the identit\ of the individual oho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF' r ) SG1 to fJtlf i u0 On 20 before me, _j2t5QA 6 •TlilotMQS� Ic Dare QQ L N e A,. T.O. Of Offi . ie g Vase D., NO., PUNK) personally appeared {�U(�P ( T rU Na—OS, M16 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 tha6ea/she/they executed the same in is her/their authorized capacity(ies), and that byt a /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JASON Public -California THOMAS Notary PubliI certify under PENALTY OF PERJURY under the laws of •- '< -. San Bernardino County the State of California that the foregoing paragraph is true Commission # 2155504 and correct. M Comm. Expires Jun 27, 2020 WITNESS my hand and official seal. OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACITIES) CLAIMED BY SIGNER(S) Signers Name: ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Pemon(s) Or Entity(fes) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document I Number Of Pages �- zy-7�o 18 Date Of Document Signers) Other Than Named Above