HomeMy WebLinkAboutC-7783-2 - Assignment and Amendment No. 2 to PSA for Grease Control Device Inspection ServicesN
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ASSIGNMENT AND AMENDMENT NO. TWO TO
(" PROFESSIONAL SERVICES AGREEMENT
WITH ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
v CORPORATION FOR GREASE CONTROL DEVICE INSPECTION SERVICES
THIS ASSIGNMENT AND AMENDMENT NO. TWO TO PROFESSIONAL
SERVICES AGREEMENT (to be referenced as "Assignment" or "Amendment No. Two")
is made and entered into as of this 5th day of November, 2024 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
CORPORATION, a California corporation ("Consultant"), whose address is 33322 Marina
Vista Drive, Dana Point, CA 92629, and is made with reference to the following:
RECITALS
A. On July 1, 2019, City and JON KINLEY, a sole proprietor doing business as
("DBA") Environmental Compliance Inspection Services ("Jon Kinley/ECIS")
entered into a Professional Services Agreement ("Agreement") to provide grease
control device inspection services ("Project").
B. On February 25, 2020, City and Jon Kinley/ECIS entered into Amendment No. One
to the Agreement ("Amendment No. One") to extend the term of the Agreement
and to increase the total compensation.
C. On March 14, 2024, Jon Kinley/ECIS converted into ENVIRONMENTAL
COMPLIANCE INSPECTION SERVICES CORPORATION, a California
corporation.
D. The parties desire to enter into this Assignment to assign the rights under the
Agreement from Jon Kinley/ECIS to ENVIRONMENTAL COMPLIANCE
INSPECTION SERVICES CORPORATION.
E. In addition, the parties desire to enter into this Amendment No. Two to extend the
term of the Agreement to April 30, 2025.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
ASSIGNMENT
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES CORPORATION,
hereby accepts such assignment and hereby assumes, agrees and undertakes to perform
all obligation of Jon Kinley/ECIS, pursuant to the Agreement. Any reference to Jon
Kinley/ECIS and/or Consultant in the Agreement, shall be deemed to be a reference to
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES CORPORATION.
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2. CITY CONSENT TO ASSIGNMENT
Pursuant to Section 15 of the Agreement, City approves of this Assignment.
3. INSURANCE
Consultant shall deliver, concurrent with execution of this Assignment, proof of
insurance in accordance with Section 14 of the Agreement.
4. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 30, 2025, unless terminated earlier as set forth herein."
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10/30/7 n7T
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 16 I t 2, 1 202--,
By: , By:
Aarah C. Harp Gra . Leung
City Attorney '0hj C anager
ATTEST:
Date: �•%�.
By:
Leilani I. Brown
City Clerk
CONSULTANT: Jon Kinley DBA
Environmental Compliance Inspection
Services, a sole proprietor doing
business as ("DBA")
Date: !/- ; q
By. -
' Jon-'Kinley 1
Sole Proprietor.
��WPORT CONSULTANT: ENVIRONMENTAL
COMPLIANCE INSPECTION SERVICES
CORPORATION, a California corporation
Date:
By:
.-Jon-Kinley
Chief Executive Officer, Secretary)
Chief Financial Officer
[END OF SIGNATURES]
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