First Amendment to PSA - Jennifer Settle LLC - City Zoning Ordinance Revision

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FIRST AMEI DMEN' `I"O PN �Oi+ESSIO1lA1 SERVICES 'E' AGREEMENT IM R I:F .f This First Anacndaaaent to Professional Services Agreement (this "First Amendment") is made effective on � 201 (the "Eft-cctive Date'"), by and between the City of South Bend, Indiana, aa� 1� �E�ana municipal corporation, acting by and through its Board of Public Works (the "City"), and Jennifer L. Settle, LLC, an Illinois limited liability company (the "Provider") (each a "Party" and collectively the "Parties"). RECITALS A. The City and the Provider entered into a Professional Services Agreement dated July 10, 2018 (the "Services Agreement"), for the provision of Services to the City related to its zoning project (as more specifically defined in the Services Agreement). B. The City and the Provider wish to amend the Services Agreement to include additional Services. NOW, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Services Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Section 1 of the Services Agreement shall be deleted in its entirety and replaced with the following: a. Services. The Provider will provide to the City the professional services (the "Services"), set forth in the Provider's proposal attached hereto as Exhibits and A1 (together, the "Scope of Work"). In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement, as amended, will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. Section 2 of the Services Agreement shall be amended to delete the phrase "One Hundred Sixteen Thousand Dollars ($116,000)" and replace it with "One Hundred Forty -Two Thousand Six Hundred Dollars ($142,600)." 3. The attached .Exhibit A-1 shall be incorporated into the Services Agreement after Exhibit A. 4. Unless expressly modified by this First Amendment, the terms and provisions of the Services Agreement remain in full force and effect. 5. Capitalized terms used in this First Amendment will have the meanings set forth in the Services Agreement unless otherwise stated herein.