2011/02/15 David Taussig and Associates Amendment 1 change to services, term and compensation AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
THIS is Amendment No. 1 to that certain AGREEMENT for Professional Services
Agreement ("Agreement") made on December 7, 2010, by and between the City of Menifee
("City") and Consultant David Taussig and Associates ("Consultant"), which Amendment is
made and entered into February 15, 2011 to increase the "not to exceed" compensation and the
scope of services.
1. Section 1, "Services" is amended to read as follows:
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of
Work attached as Exhibit A, Exhibit Al and Exhibit B and incorporated herein.
Such work shall be provided at the time and place and in the manner specific in
Exhibit A, Exhibit Al and Exhibit B. In the event of a conflict in or inconsistency
between the terms of this Agreement and Exhibit A, Exhibit Al and Exhibit B, this
Agreement shall prevail."
2. Section 1.1, "Term of Services," is amended to read,
Section 1.1 Term of Services. The term of this Agreement shall begin on the
Effective Date and shall end on July 1, 2011, which is the date of completion specific
in Exhibit A, Exhibit Al and Exhibit B. Consultant shall provide services described
in Exhibit A, Exhibit Al and Exhibit B prior to that date, unless term of the
Agreement is otherwise terminated or extended as provided for in Section 8." The
balance of the paragraph shall remain."
3. Section 2, "Compensation" is amended to read as follows:
Section 2. COMPENSATION. City hereby agrees to pay Consultant on a
time and material basis a sum not to exceed Twenty Two Thousand Five Hundred
dollars ($22,500) 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, Exhibit Al and Exhibit B 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.
4. Section 2.1, "Invoices," the 5th bulletpoint is amended to read,
• The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder necessary to complete the work described in Exhibit A, Exhibit Al
and Exhibit B.
5. Section 2.5, "Hourly Fees," is amended to read,
Section 2.5 Hourly Fees. Fees for work performed by Consultant on an
hourly basis shall not exceed the amounts shown on the fee schedules included with
Exhibit A, Exhibit Al and Exhibit B.
6. Section 8.6.3, is amended to read, "Retain a different consultant to complete the
work described in Exhibit A, Exhibit Al and Exhibit B not finished by Consultant;
or,
7. Section 8.6.4 is amended to read, "Charge Consultant the difference between the
cost to complete the work described in Exhibit A, Exhibit Al and Exhibit B that is
unfinished at the time of breach and the amount that City would have paid
Consultant pursuant to Section 2 if Consultant had completed the work."
8. Section 10.10, "Integration," is amended to read,
Section 10.10 Integration. This Agreement, including the scope of work
attached hereto and incorporated herein as Exhibit A, Exhibit Al and Exhibit B,
represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or
oral.
9. All other terms and conditions of the Agreement dated December 7, 2010 shall
remain the same.
Parties have executed this Amendment as of the February 15, 2011.
CITY OF MENIFEE _oRE QQQ41Si iL=T*IQ�
Wallace W. Edgerton, Mayor avid Taussig
President David Taussig an sociates
Attest:
Kathy Bennett, City Clerk
Approved as to Form:
Karen Feld, City Attorney