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AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES ~ . , --- <-.., AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Amendment is made and entered in to on this //dL- day of 7: 2002, by and between the City of Clearwater, Florida (City) and Post, Buck y, Schuh & Jernigan, Inc. (Engineer). WHEREAS, City entered into an Agreement for Professional Services on May 10, 1995, with Engineer for professional services which expires May 9,2000; and WHEREAS, City and Engineer amended said Agreement to extend the term of the Agreement to August 25, 2003. WHEREAS, City and Engineer desire to modify the Agreement to reflect statutory changes to Chapter 725 since the Agreement was executed and to modify the Agreement for the purposes of conducting a joint Aquifer Storage and Recovery (ASR) project with the City of Largo. NOW, THEREFORE, in consideration of the promises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. Paragraph 5.6 of the Agreement is hereby amended to read as follows: The ENGINEER hereby agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ENGINEER and other persons employed or utilized by the ENGINEER in the performance of the contract. 2. For purposes of the ASR project only, City and Engineer agree that in paragraph 5.6, the word CITY shall mean both the City of Clearwater and the City of Largo, so as to include the City of Largo in the indemnification provided by the terms of the Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. By: C.2 // i ( -/) /' , ',_ ., Countersigned: Brian J.'~'~ MaYOr-~oner CITY OF CLEARWATER, FLORIDA ~ ~ City Manager Attest: Leslie Dougall-Sid Assistant City Attorney ~~/J..u~~~ .Y/tJ Cyndie Goudl?CSl.U ., '. 7J City Clerk - Signature Page for City of Clearwater, Florida Amendment to Agreement for Professional Services Post, Buckley, Shcuh & Jernigan, Inc.