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2023/03/03 FCS INTERNATIONAL, INC, DBA AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CEQA TECHNICAL PEER REVIEW AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR MAPES AND SHERMAN WAREHOUSE PROJECT (PLN22-015) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CEQA TECHNICAL PEER REVIEW AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR MAPES AND SHERMAN WAREHOUSE PROJECT (PLN22-015) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CEQA TECHNICAL PEER REVIEW AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR MAPES AND SHERMAN WAREHOUSE PROJECT (PLN22-015) This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on May 26, 2022 between the City of Menifee (“City”) and FCS INTERNATIONAL, INC, DBA FIRSTCARBON SOLUTIONS (“Consultant”) for CEQA TECHNICAL PEER REVIEW AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR MAPES AND SHERMAN WAREHOUSE PROJECT (PLN22-015) which this Amendment No. 1 is made and entered into on ______________, 2023 to extend the term of service, increase the compensation amount, and augment the Scope of Services as indicated below: 1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement. 2. Section 1.1, “Term of Services” is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on the April 5, 2022 and shall end on December 31, 2023 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 3. SECTION 2, “Compensation” is amended to increase the maximum compensation by FOURTEEN THOUSAND ONE HUNDRED NINETY DOLLARS AND ZERO CENTS ($14,190.00), and is amended to read as follows: SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED EIGHTY TWO THOUSAND FOUR HUNDRED FIFTY DOLLARS AND ZERO CENTS ($182,450.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the 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 the 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. DocuSign Envelope ID: A717B9EC-4821-4B5C-A107-DD5CFD476D47DocuSign Envelope ID: 63659926-83B7-47ED-A79F-0FD78D8F01E7 March 3 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CEQA TECHNICAL PEER REVIEW AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR MAPES AND SHERMAN WAREHOUSE PROJECT (PLN22-015) 4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows: EXHIBIT A SCOPE OF SERVICES Consultant shall provide CEQA Technical Peer Review and Initial Study/Mitigated Negative Declaration (IS/MND) for Mapes and Sherman Warehouse Project (PLN22-015) in the amount not to exceed ONE HUNDRED EIGHTY TWO THOUSAND FOUR HUNDRED FIFTY DOLLARS AND ZERO CENTS ($182,450.00) as further detailed in the following page(s). 5. All other terms and conditions of the Agreement remain in full force and effect. 6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page) DocuSign Envelope ID: A717B9EC-4821-4B5C-A107-DD5CFD476D47DocuSign Envelope ID: 63659926-83B7-47ED-A79F-0FD78D8F01E7 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CEQA TECHNICAL PEER REVIEW AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR MAPES AND SHERMAN WAREHOUSE PROJECT (PLN22-015) CITY OF MENIFEE FCS INTERNATIONAL, INC, DBA FIRSTCARBON SOLUTIONS _______________________________ _______________________________ Armando G. Villa, City Manager Jason Brandman, Vice President Attest: ________________________________ C. Patrick Schultz, COO _______________________________ Kay Vinson, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: A717B9EC-4821-4B5C-A107-DD5CFD476D47DocuSign Envelope ID: 63659926-83B7-47ED-A79F-0FD78D8F01E7 EXHIBIT A EXHIBIT A SUPPLEMENT TO SCOPE OF SERVICES DocuSign Envelope ID: A717B9EC-4821-4B5C-A107-DD5CFD476D47DocuSign Envelope ID: 63659926-83B7-47ED-A79F-0FD78D8F01E7 EXHIBIT A DocuSign Envelope ID: A717B9EC-4821-4B5C-A107-DD5CFD476D47DocuSign Envelope ID: 63659926-83B7-47ED-A79F-0FD78D8F01E7 EXHIBIT A DocuSign Envelope ID: A717B9EC-4821-4B5C-A107-DD5CFD476D47DocuSign Envelope ID: 63659926-83B7-47ED-A79F-0FD78D8F01E7