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THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT <br /> This Third Amendment to Agreement ("First Amendment") is entered into this day of January, <br /> 2014,by the City of Pleasanton("City") and Jarvis, Fay, Doporto, & Gibson("Consultant"). <br /> Whereas, on January 18, 2012, the City and Consultant entered into a Professional Services <br /> Agreement for legal services related to pending litigation; and <br /> Whereas, on March 1, 2012, the parties amended that Agreement; <br /> Whereas, on December 5, 2012, the parties amended that Agreement; and <br /> Whereas,the parties desire to amend the Agreement to extend the term and to increase the <br /> budget; <br /> Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br /> the parties agree as follows: <br /> 1. Section 3 of the Agreement, "Term"is amended to read: This Agreement shall expire on <br /> June 30, 2015. <br /> 2. Section 4 of the Agreement, "Compensation" is amended to increase the total compensation <br /> for services and reimbursement for costs to a not to exceed amount of$175,000, and to <br /> reflect 1:hat the billing rate for partner Ben Fay shall be $265 per hour and for associate <br /> Gabriel McWhirter shall be $165 per hour. <br /> 3. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> In witness whereof, authorized representatives of the parties have executed this First Amendment to the <br /> Agreement as of the date and year first above written. <br /> CITY OF PLEASANTON CONSULTANT <br /> Nelson Fialho, City Manager Rick Jarvis <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jonathan P. Lowell, City Attorney <br />