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0 -¢ a <br /> INDIAN RIVER COUNTY <br /> PUBLIC WORKS DEPARTMENT ( � " <br /> AMENDMENT NO . 1 TO THE MASTER AGREEMENT FOR ANNUAL PROFESSIONAL <br /> GEOTECHNICAL ENGINEERING SERVICES BETWEEN KSM ENGINEERING AND <br /> TESTING , INC . AND INDIAN RIVER COUNTY, FLORIDA <br /> This is Amendment No . 1 to the Master Agreement for Annual Professional Geotechnical Engineering <br /> Services (Master Agreement) dated March 2 , 2010 between KSM Engineering & Testing, Inc . <br /> ( Geotechnical Professional ) and Indian River County, a political subdivision of the State of Florida, 1801 <br /> 27 "' Street, Vero Beach , Florida, 32967 ( County) . <br /> WHEREAS , the Parties entered into an Agreement for Annual Professional Geotechnical Engineering <br /> Services (Master Agreement) dated March 2 , 2010 ; and <br /> WHEREAS , Page 3 Paragraph 1 of the Master Agreement provides for " progress payments to the <br /> [Geotechnical Professional ] on the basis of the approved partial payment request as recommended by the <br /> County ; and <br /> WHEREAS , the Parties desire to amend the Master Agreement to reflect payments made by the <br /> County on a monthly basis . <br /> NOW, THEREFORE , in consideration of the following mutual covenants and agreements Indian <br /> River County, Florida and [Geotechnical Professional ] agree as follows : <br /> 1 . The Agreement for Annual Professional Geotechnical Engineering Services (Master Agreement) dated <br /> March 2 , 2010 , is amended as follows : <br /> Section VIII — Payments of the Agreement shall read as follows : <br /> " progress payments to the Geotechnical Professional shall be made once monthly on the basis of the <br /> approved partial payment request as recommended by the County . . . " <br /> 2 . Except as supplemented herein , the terms and conditions of the Master Agreement shall remain <br /> in full force and effect . To the extent of any conflict between the terms of this Amendment and the terms <br /> of the Agreement, the terms of this Amendment shall control . <br /> 3 . This Amendment No . 1 , regardless of where executed , shall be governed by and construed <br /> according to the laws of the State of Florida . <br /> C :AUsers\LindaAApp [)ata\Local\Microsoft\WindoNN,sV'I 'emporary Internet Piles\OLK84EB\Geotechnical Amendment No I - KSM Engineering. doc <br />