executed agreement - Michael Brandman Associates 2nd amendment $23,780

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Services are more particularly described in Exhibit "A", "A-1", and "A-2" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Section 2. Amendment of Exhibit "B". Exhibit "B" of the Original Contract is hereby replaced with the attached Exhibit "B." Section 3. Amendment of Section 3.3.1 of the Original Contract. Section 3.3.1 of the Original Contract is hereby amended to read as follows: "3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under'this Agreement at the rates set forth in Exhibit "A", "A-1", and "A-2" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Forty -Five Thousand Eight Hundred Seventy -Five Dollars ($145,875.00)for the Services identified in Exhibit "A"; Twenty -Seven Thousand Dollars ($27,000:00) for the Services identified in Exhibit "A-1", and Twenty -Three Thousand Seven Hundred Eighty Dollars ($23,780) for the Services identified in Exhibit "A-2" without written approval of City's Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement." Section 4. Amendment of Section 3.3.2 of the Original Contract. Section 3.3.2 of the Original Contract is hereby amended to read as follows: "3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall pay Consultant in accordance with the Schedule of Compensation set forth in Exhibit "A", "A-1", and "A-2" attached hereto and incorporated herein by reference. Section 5. Effect of Original Contract. Except as specifically amended by the terms of this First Amendment, all other provisions of the Original Contract shall remain in full force and effect. Section 6. Authority to Enter Agreement. Each party warrants that the individuals who have signed this First Amendment have the legal power, right, and authority to make this Agreement and to bind each respective party. RVPU]3\MXM\652695 _2_