AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
FY2023/24 ON-CALL CONTRACT PLANNING SERVICES FOR THE LEGADO PROJECT AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
ON-CALL CONTRACT PLANNING SERVICES FOR THE LEGADO PROJECT This is Amendment No. 5 (“Amendment No. 5”) to that certain Professional Services Agreement (“Agreement”) made on July 26, 2023 between the City of Menifee (“City”) and Rincon Consultants, Inc (“Consultant”) for FY2023/24 ON-CALL CONTRACT PLANNING SERVICES FOR THE LEGADO PROJECT as amended by that certain Amendment No.1 to the Agreement entered into on October 9, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on June 4, 2024 (“Amendment No. 2”), as amended by that certain Amendment No. 3 to the Agreement entered into on August 7, 2024 (“Amendment No. 3”), as amended by that certain Amendment No. 4 to the Agreement entered into on December 4, 2024 (“Amendment No. 4”), which this Amendment No. 5 is made and entered into on ______________, 2025 to increase the compensation amount and extend the term of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 5 shall have the meanings ascribed to them in the Agreement.
2. The Parties agree that the Services include the period of time during fiscal years 24/25 and 25/26, and therefore the title of the Agreement is hereby amended to “PROFESSIONAL SERVICES AGREEMENT ON-CALL CONTRACT PLANNING SERVICES FOR THE LEGADO PROJECT.” References to “Agreement” shall include the documents entitled “PROFESSIONAL SERVICES AGREEMENT FY2023/24 ON- CALL CONTRACT PLANNING SERVICES FOR THE LEGADO PROJECT” or “PROFESSIONAL SERVICES AGREEMENT ON-CALL CONTRACT PLANNING SERVICES FOR THE LEGADO PROJECT” and all amendments, including this Amendment No. 5 thereto.
3. Section 1.1, “Term of Services” is amended to read as follows:
Term of Services. The term of this Agreement shall begin on July 1, 2023 and shall end on June 30, 2026 unless the term of this 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 this Agreement, as provided for in Section 8.
4.SECTION 2, “Compensation” is amended to increase the maximum compensation by Seventy Thousand Dollars and Zero Cents ($70,000.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
FY2023/24 ON-CALL CONTRACT PLANNING SERVICES FOR THE LEGADO PROJECT City hereby agrees to pay Consultant a sum not to exceed One Hundred Thirty Five Thousand Dollars and Zero Cents ($135,000.00) 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.
5. 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 FY2023/24 ON-CALL CONTRACT PLANNING SERVICES FOR THE LEGADO PROJECT in the amount not to exceed One Hundred Thirty Five Thousand Dollars and Zero Cents ($135,000.00) as further detailed in the following page(s).
6. All other terms and conditions of the Agreement remain in full force and effect.
7. This Amendment No. 5 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
FY2023/24 ON-CALL CONTRACT PLANNING SERVICES FOR THE LEGADO PROJECT CITY OF MENIFEE Rincon Consultants, Inc
_______________________________ _______________________________ Armando G. Villa, City Manager Deanna Hansen, Vice President /Principal Attest: ________________________________
Brenna Weatherby, Principal
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney