AR 051507 ENSR Consulting and Engineering Inc.

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exceed seventeen thousand five hundred seventy-five dollars and zero cents ($17,575.00), which shall include two thousand five hundred seventy-five dollars and zero cents ($2,575.00) already authorized by the Second Amendment but which has not been used by, or paid to, ENSR. 3. TERMS. 3.1 Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Amendment. 3.2 Authorization. The undersigned certify that they are authorized to execute this Third Amendment and bind their respective parties thereto. 3.3 Effect of Amendment. Except as to provisions expressly amended by this Third Amendment, the Agreement is ratified and confirmed and all of the terms and provisions of the Agreement, as amended by this Third Amendment, shall be and remain in full force and effect. 3.4 Amendments to Agreement. The Parties mutually agree to amend the Agreement by adding a new Section 3.1.2 to read as follows: "3.1.2 Term. The term of this Agreement shall be from July 1, 2002, to June 30, 2008, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established schedules and deadlines." The Parties further mutually agree to amend the Agreement by adding a new Section 3.3.1 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 "C" attached hereto and incorporated herein by reference. The total compensation for the term of this Agreement shall not exceed eighty-five thousand dollars and zero cents ($85,000.00). Annual compensation during the term of this agreement shall not exceed seventeen thousand five hundred seventy-five dollars and zero cents ($17,575.00) per fiscal year without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. The Parties further expressly agree and consent that for the period of July 1, 2006, to June 30, 2007, Consultant only invoiced City an amount of four thousand eight hundred ninety-three dollars and zero cents ($4,893.00), and therefore the remaining two -thousand five hundred seventy-five dollars ($2,575.00) authorized for fiscal year 2006-07 by the Second Amendment will be rolled into fiscal year 2