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HomeMy WebLinkAboutContracts & Agreements_132-2021FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This first amendment ("First Amendment") to the agreement for the provision of services associated with property tax audit and information services ("Agreement") dated June 20, 2017, ("Agreement"), by and between the City of Redlands, a municipal corporation ("City"), and HDL Coren & Cone, a California corporation ("Consultant"), is made and entered into this 20th day of July, 2021 RECITALS WHEREAS, it is the desire of the Consultant and City to amend the terms of the agreement to include provisions for non -disclosure of Consultant's proprietary information, and WHEREAS, it is the desire of City and Consultant to amend Exhibit "A" of the Agreement, titled "Scope of Services," to increase the scope of services to include those described in Exhibit "1," which is attached hereto and incorporated herein by reference, and NOW, THEREFORE, City and Consultant agree as follows. AGREEMENT Section 1 Section 8 10 of the Agreement, titled "General Considerations," is hereby added as follows "8 10 In performing its duties under this Agreement, Consultant will produce reports, technical information and other compilations of data to City These reports, technical information and compilations of data are derived by Consultant using methodologies, formulae, programs, techniques and other processes designed and developed by Consultant at a substantial expense. Consultant's reports, technical information, compilations of data, methodologies, formulae, software, programs, techniques and other processes designed and developed by Consultant shall be referred to as Proprietary Information. Consultant's Proprietary Information is not generally known by the entities with which Consultant competes. Consultant desires to protect its Proprietary Information. Accordingly, City agrees that neither it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will at any time during or after the term of this Agreement, directly or indirectly use any of Consultant's Proprietary Information for any purpose not associated with Consultant's activities. Further, City agrees that neither it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will disseminate or disclose any of Consultant's Proprietary Information to any person or organization not connected with Consultant, without the express written consent of Consultant. City also agrees that consistent with its obligations under the California Public Records Act and related disclosure laws, it will undertake reasonable, necessary and appropriate steps to maintain the proprietary nature of Consultant's Proprietary Information. 1 L:\ca\djm\Agreements\HdL Coren & Cone First Amend.FY21-0002.docx.jn Any use of the Proprietary Information or any other reports, records, documents or other materials prepared by Consultant hereunder for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom " Section 2 The scope of work performed by Consultant pursuant to Exhibit "A" of the Agreement, titled "Scope of Services," is hereby amended to include the work that is identified m Exhibit " 1 " Section 3. All other provisions of the Agreement shall remain unchanged by the First Amendment, and in effect IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of July 20, 2021 CITY REDLANDS HDL COREN & CONE 1/44.(A,610c411-C-- Paul T Barich, Mayor Paula Cont!President ATTEST. ne Donaldson, City Clerk 2 I, Ica\djm\.AgreementskHdL Coren & Cone First Amend.FY21-0002.docx.in