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2018/02/21 Kimley-Horn and Associates, Inc. FY17/18 Planning review services FIRST AMENDMENT AGREEMENT BETWEEN KIMLEY-HORN and ASSOCIATES Inc. AND THE CITY OF MENIFEE This First Amendment to Agreement Between Kimley-Horn and Associates, Inc. and the City of Menifee ("First Amendment") is entered into as of this 21s{" day of ru, , 2018 ("Effective Date" ) by and between the CITY OF MENIFEE, a California Municipal Corporation (the "City") and Kimley-Horn and Associates, Inc., a North Carolina corporation, ("Consultant"). RECITALS A. The City and Consultant previously entered into that certain Agreement for Professional Services, dated July 1, 2017 (the "Agreement"). B. The City and Consultant now desire to amend the Agreement to increase the contract amount as described below. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference,and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Consultant hereby agree as follows: 1. Section 2, "Compensation" of the Agreement is hereby amended to read as follows: Section 2. City hereby agrees to pay Consultant a sum not to exceed ONE-HUNDRED AND SIXTY-SIX THOUSAND DOLLARS ($166,000.00) 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 the 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. Except as expressly set forth herein,the terms, conditions and provisions of the Agreement shall remain in full force and effect. [Signatures on next page] IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date. CITY OF M NI +E CONSULTANT Neil R. inter, Mayor Serene Ciandella, Senior Vice President Attes . Psis=7 S •ah A.4Mainnk'ain g, City Cl e c Margit Allen, A CP, Assistant Secretary Approved as to Form: er . Melching, City ttorney