HomeMy WebLinkAboutAGR-7201.1 - BIOMECHANICAL RESEARCH AND TESTING LLC - FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - EXPERT WITNESS SERVICESC- `2o I, I
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
Expert Witness Services]
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT(the
First Amendment") is made and entered into as of J y 'Z }' ,2021,by and between the
CITY OF ORANGE, a municipal corporation("City"), and BIOMECHANICAL RESEARCH&
TESTING, LLC, a California limited liability company ("Contractor"), with reference to the
following:
A. City and Contractor entered into a Professional Services Agreement (Agreement a
No. 7201) dated as of June 4, 2021, which is incorporated herein by this reference (the "Original
Agreement"); and.
B. City and Contractor desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by increasing the compensation.
NOW,THEREFORE,the parties hereby agree as follows:
Section 1. Defned Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this
First Amendment are deemed and construed to refer to the Original Agreement, as implemented
by this First Amendment.
Section 3. Compensation. The total not-to-exceed compensation for the services to
be rendered as set forth in Section 2.a of the Original Agreement is increased by FIFTEEN
THOUSAND DOLLARS and 00/100 ($15;000.00) and Section 2.a is hereby amended in its
entirety to read as follows:
Contractor's total compensation for all services performed under this Agreement,
shall not exceed THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00)
without the prior written authorization of City."
Section 4. Authoritv of Citv Manager. Pursuant to Section 3.08.430 of the Orange
Municipal Code, the City Manager. is authorized to approve and execute amendments to the
Agreement to adjust the compensation as provided herein.
Section 5. Integration. This First Amendment amends, as set forth herein, the
Original Agreement and, except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency between
the terms and provisions of this First Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this First Amendment shall control and govern the rights
and obligations of the parties.
IN WITNESS of this First Amendment,the parties enter into this First Amendment on the
year and day first above written.
CONTRACTOR" CITY"
BIOMECHANICAL RESEARCH AND CITY OF ORANGE, a municipal corporation
TESTING, LLC, a California limited
liability com any
By:
By: ,.s.r/ ick Otto, City Manager
Printe ame: T v Soi,l l,,) FfC-2
Title: bw v 2
By: APPROVED AS TO FORM:
Printed Name:
Title: l
Kirsten B. Shea, Sr. Assistant City Attorney
NOTE: If Contractor is a corporation,the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer holds
more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided to
the City.
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