HomeMy WebLinkAboutAGR-7581.1 - KNAPP ASSOCIATES - FIRST AMENDMENT TO EXPERT WITNESS SERVICES AGREEMENT - JAN 25, 2024AGR-r1sg1.1
FIRST AMENDMENT
TO
EXPERT WITNESS SERVICES AGREEMENT
Expert Witness Services]
THIS FIRST AMENDMENT TO EXPERT WITNESS SERVICES AGREEMENT (the
First Amendment") is made and entered into as of aahuor a5 , 2024, by and between the
CITY OF ORANGE, a municipal corporation ("City"), and K APP ASSOCIATES, sole proprietor
Expert"),with reference to the following:
A. City and Expert entered into an Expert Witness Services Agreement (Agreement No.
7581) dated as of October 19, 2023, which is incorporated herein by this reference (the "Original
Agreement"); and
B. City and Expert desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement to increase the compensation.
NOW,THEREFORE,the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Assignee agree that all references in this First
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
First Amendment.
Section 3. Compensation. The total not-to-exceed compensation for the services to be
rendered as set forth in Section 2.a of the Original Agreement is increased by SEVEN THOUSAND
DOLLARS and 00/100 ($7,000.00) and Section 2.a is hereby amended in its entirety to read as
follows:
Contractor's total compensation for all services performed under this Agreement, shall
not exceed TWELVE THOUSAND DOLLARS and 00/100 ($12,000.00) without the
prior written authorization of City."
Section 4. Integration. This First Amendment amends, as set forth herein, the Original
Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full
force and effect. To the extent that there is any conflict or inconsistency between the terms and
provisions of this First Amendment and the terms and provisions of the Original Agreement,the terms
and provisions of this First Amendment shall control and govern the rights and obligations of the
parties.
Remainder ofpage intentionally left blank;signatures on next page]
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the
year and day first above written.
EXPERT" CITY"
KNAPP ASSOCIATES, sole proprietor CITY OF ORANGE,a municipal corporation •
By: 111II ' iWl/`l By:
Printe AMA 00 Thomas . Kisela, City Manager
Title: 1MI
By: APPROVED AS TO FORM:
Printed Name:
Title: 7/.:#7,.
Kirsten B. Shea
Senior Assistant City Attorney
NOTE: If Assignee is a corporation,the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement, must be provided to the City.