2023/06/22 EPD Solutions, Inc. Amendment No. 2 to Professional Services Agreement Initial Study/Mitigated Negative Declaration (IS/MND) for the Ethanac Road and Barnett Road Warehouse Project (PLN21-0290)AMENDMENT NO. 2
PROFESSIONAL SERVICES AGREEMENT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR ETHANAC ROAD
AND BARNETT ROAD WAREHOUSE PROJECT (PLN21-0290)
AMENDMENT NO. 2
PROFESSIONAL SERVICES AGREEMENT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR ETHANAC ROAD
AND BARNETT ROAD WAREHOUSE PROJECT (PLN21-0290)
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services
Agreement (“Agreement”) made on January 20, 2022 between the City of Menifee (“City”) and
EPD SOLUTIONS, INC. (“Consultant”) for INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION (IS/MND) FOR ETHANAC ROAD AND BARNETT ROA D WAREHOUSE
PROJECT (PLN21-0290) as amended by that certain Amendment No.1 to the Agreement
entered into on December 13, 2022 (“Amendment No. 1”), which this Amendment No. 2 is
made and entered into on ______________, 2023 to extend the term, increase the
compensation amount and augment the scope of services of the Agreement as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 2 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
December 1, 2021 and shall end on June 30, 2024 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
TWENTY SIX THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS
($26,400.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED NINETY
TWO THOUSAND SIX HUNDRED SEVENTY EIGHT DOLLARS AND ZERO CENTS
($192,678.00) 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: 4D7A6158-B3B0-4B4F-A019-5135F0765108DocuSign Envelope ID: AE8F9426-A02D-4C4C-8B10-97C1FBA7FCD6
June 22
AMENDMENT NO. 2
PROFESSIONAL SERVICES AGREEMENT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR ETHANAC
ROAD AND BARNETT ROAD WAREHOUSE PROJECT (PLN21-0290)
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:
SCOPE OF SERVICES
Consultant shall provide Initial Study/Mitigated Negative Declaration (IS/MND) for
Ethanac Road and Barnett Road Warehouse Project (PLN21-0290) in the amount not to
exceed ONE HUNDRED NINETY TWO THOUSAND SIX HUNDRED SEVENTY EIGHT
DOLLARS AND ZERO CENTS ($192,678.00) 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. 2 may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
CITY OF MENIFEE EPD SOLUTIONS. INC
_______________________________ _______________________________
Armando G. Villa, City Manager Jeremy Krout, President/CEO
Attest: ________________________________
Jeremy Krout, President/CEO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
DocuSign Envelope ID: 4D7A6158-B3B0-4B4F-A019-5135F0765108DocuSign Envelope ID: AE8F9426-A02D-4C4C-8B10-97C1FBA7FCD6
EXHIBIT A
DocuSign Envelope ID: 4D7A6158-B3B0-4B4F-A019-5135F0765108DocuSign Envelope ID: AE8F9426-A02D-4C4C-8B10-97C1FBA7FCD6