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HomeMy WebLinkAbout35 - NB-1 - Exhibit C - 6/17/2014EXHIBIT: C AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES AGREEMENT WITH MIG/ HOGLE-IRELAND This Amendment is made and entered into this 17th day of June 2014 ("Effective Date") by and between the CITY OF COSTA MESA, a municipal corporation ("City") and MOORS IACOFANO GOLTSMAN, INC. ("MIG")/HOGLE-IRELAND, a California Corporation ("Consultant"). WHEREAS, Consultant and City entered into an agreement on June 5, 2012, (the "Agreement") for Consultant to provide services more fully described in Consultant's Scope of Work attached as Exhibit "A"; and WHEREAS, the original Agreement contained a provision for an initial term of twenty eight (28) months with the option to extend the Agreement for up to four (4) term periods of one (1) year each; and WHEREAS, Consultant and City wish to amend the Agreement to exercise the first extension; and WHEREAS, Consultant and City desire to amend the Agreement to adjust the amount of compensation from the existing compensation limit of Six Hundred Sixty -Four Thousand Seven Hundred Five Dollars ($664,705.00), to a total not -to -exceed amount of (to be determined by council action), as a result of additional work requested by the City; and WHEREAS, Consultant and City desire to amend the Scope of Services to include among other things, new elements, zoning update, additional outreach meetings, traffic analysis, and option fiscal impact analysis and study. WHEREAS, on January 1, 2013, Consultant changed its name from Hogle-Ireland to Moore Iacofano Goltsman, Inc. (" MIG"); and NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Paragraph 1.1 shall be amended to read, Consultant shall provide the professional services described in Consultant's Scope of Work, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. 2. Paragraph 2.1 of the original Agreement shall be amended to read, "As compensation for the provision of services outlined in Exhibit "A" and in accordance with this agreement, Consultant shall be paid in accordance 1 MIG Amend 1 with the fee schedule set forth in Exhibit "A," attached hereto and incorporated by reference. Consultant's total compensation shall not exceed (to be determined by council action). 3. Section 4. 1, Term, shall be changed to read, "This Agreement shall commence on the Effective Date and continue until October 1, 2015, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. At the end of the term period, Consultant and City may mutually agree, in writing, to renew the contract for up to three (3) term periods of one (1) year each. 4. Effective January 1, 2013, Consultant's business name changed from Hogle-Ireland to Moore Iacofano Goltsman, Inc. (" MIG"). 5. All terms not herein defined shall have the same meaning and use as set forth in the Agreement. 5. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment and previous Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have set their hand by their duly authorized representatives as of the day and year first above written. CITY OF COSTA MESA, A municipal corporation Date: Chief Executive Officer Date: Department Director CONSULTANT Date: Signature Name and Title 2 MIG Amend 1 APPROVED AS TO FORM: City Attorney APPROVED AS TO INSURANCE: Risk Management APPROVED AS TO CONTENT: Project Manager ATTEST: City Clerk and ex -officio Clerk Of the City of Costa Mesa Date: Date: Date: 3 MIG Amend 1