2013/10/16 Kimley-Horn and Associates, Inc. Amendment 1 change to compensation AMENDMENT NO. 1 TO
AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC.
AND THE CITY OF MENIFEE
This is Amendment No. 1 to that certain AGREEMENT for Professional Services
Agreement ("Agreement") made on June 18, 2013 by and between the City of Menifee ("City')
and Kimley-Horn and Associates, Inc. (Vendor) which Amendment is made and entered into on
October 16, 2013, to increase the compensation and terms as indicated below:
1. Section 2, "Compensation" is amended to read as follows, increasing the contract
amount by $135,000
Section 2. City hereby agrees to pay Consultant a sum not to exceed one hundred sixty
thousand and 00/00 ($160,000.00) notwithstanding any contrary indications that may be
contained in Consultant's proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement and
Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City
shall pay Consultant for services rendered pursuant to this Agreement at the time and in
the manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services
performed by more than one person.
2. Section 5, "Indemnification" is amended to read as follows,
Section 5. INDEMNIFICATION.
Design Professional agrees to indemnify, defend and hold harmless, the City, its officers,
officials, employees and volunteers from any and all claims, demands, costs or liability
that actually or allegedly arise out of, or pertain to, or relate to the negligence,
recklessness or willful misconduct of Design Professional and its agents in the
performance of services under this contract, but this indemnity does not apply to liability
for damages for bodily injury, property damage or other loss, arising from the sole
negligence, active negligence or willful misconduct by the City, its officers, official
employees, and volunteers.
As respects all acts or omissions which do not arise directly out of the performance of
professional services, including but not limited to those acts or omissions normally covered
by general and automobile liability insurance, Consultant agrees to indemnity, defend and
hold harmless the City, its officers officials, employees and volunteers for an against any
claim, demands, losses, liability of any kind or nature arising out of or in connection with the
Consultant's performance or failure to perform under the terms of this contract, excepting
those which arise out of the active negligence, sole negligence or willful misconduct of the
city.
3. All other terms and conditions of the Agreement remain in full force and effect.
CITY OF T?NIFEE CONSULT
Scott A. Mann, Mayor Dave Sorenson
Senior Vice President
Attest: � 1
�&
Kathy Bennett, City Clerk Dennis Landaal
Principal
Approved as to Form:
J�H. Biggs, Inte ty Attorney
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