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CD-_PSA_(FirstCarbon_Solutions)(Salt_Creek)_Amendment_No._1_cs AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, PEER REVIEW AND RELATED SERVICES FOR THE SALT CREEK PROJECT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, PEER REVIEW AND RELATED SERVICES FOR THE SALT CREEK PROJECT This is Amendment No. 1 (“Amendment 1”) to that certain Professional Services Agreement (“Agreement”) made on June 13, 2023 between the City of Menifee (“City”) and FCS INTERNATIONAL, INC, DBA FIRSTCARBON SOLUTIONS (“Consultant”) for PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, PEER REVIEW AND RELATED SERVICES FOR THE SALT CREEK PROJECT, which this Amendment No. 1 is made and entered into on ______________, 2023 to 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 2, “Compensation” is amended to increase the maximum compensation by Thirty Eight Thousand Eight Hundred Thirty Five Dollars and Zero Cents ($38,835.00), and is amended to read as follows: SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Seventy Four Thousand Three Hundred Sixty Five Dollars and Zero Cents ($174,365.00) 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. 3. 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: DocuSign Envelope ID: 301F04E0-A762-4071-BCE8-CFDA869A5A95DocuSign Envelope ID: 7B36857F-EB95-4070-B87E-D44E4E1E7CE5 October 25 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, PEER REVIEW AND RELATED SERVICES FOR THE SALT CREEK PROJECT SCOPE OF SERVICES Consultant shall provide PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, PEER REVIEW AND RELATED SERVICES FOR THE SALT CREEK PROJECT in the amount not to exceed One Hundred Seventy Four Thousand Three Hundred Sixty Five Dollars and Zero Cents ($174,365.00) as further detailed in the following page(s). 4. All other terms and conditions of the Agreement remain in full force and effect. 5. 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. CITY OF MENIFEE FCS INTERNATIONAL, INC, DBA FIRSTCARBON SOLUTIONS _______________________________ _______________________________ Armando G. Villa, City Manager Jason Brandman, Vice President Attest: ________________________________ C. Patrick Schultz, COO _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: 301F04E0-A762-4071-BCE8-CFDA869A5A95DocuSign Envelope ID: 7B36857F-EB95-4070-B87E-D44E4E1E7CE5 EXHIBIT A EXHIBIT A SUPPLEMENT TO SCOPE OF SERVICES DocuSign Envelope ID: 301F04E0-A762-4071-BCE8-CFDA869A5A95DocuSign Envelope ID: 7B36857F-EB95-4070-B87E-D44E4E1E7CE5 EXHIBIT A DocuSign Envelope ID: 301F04E0-A762-4071-BCE8-CFDA869A5A95DocuSign Envelope ID: 7B36857F-EB95-4070-B87E-D44E4E1E7CE5 EXHIBIT A DocuSign Envelope ID: 301F04E0-A762-4071-BCE8-CFDA869A5A95DocuSign Envelope ID: 7B36857F-EB95-4070-B87E-D44E4E1E7CE5 EXHIBIT A DocuSign Envelope ID: 301F04E0-A762-4071-BCE8-CFDA869A5A95DocuSign Envelope ID: 7B36857F-EB95-4070-B87E-D44E4E1E7CE5 EXHIBIT A DocuSign Envelope ID: 301F04E0-A762-4071-BCE8-CFDA869A5A95DocuSign Envelope ID: 7B36857F-EB95-4070-B87E-D44E4E1E7CE5 EXHIBIT A DocuSign Envelope ID: 301F04E0-A762-4071-BCE8-CFDA869A5A95DocuSign Envelope ID: 7B36857F-EB95-4070-B87E-D44E4E1E7CE5