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SECOND AMENDMENT TO AGREEMENT This Second Amendment to Agreement("Second Amendment") is entered into September 19, 2018 by the City of Pleasanton("City") and Jarvis, Fay& Gibson, LLP ("Consultant"). Whereas, on August 19, 2016 the City and Consultant entered into a Professional Services Agreement for legal services, amended by the First Amendment dated December 4, 2017 (collectively the "Agreement"; Contract No. 2017269); and Whereas, City was previously sued in the matter of Pleasanton Citizens for Responsible Growth v. City of Pleasanton and while pursuant to the First Amendment the Consultant is providing legal defense for this matter, City also desires that Consultant coordinate for environmental studies with Environmental Science Associates (ESA) for this matter; and Whereas, the parties desire to amend to the Agreement to update hourly rates. Now,therefore,in exchange for valuable consideration, the receipt of which is hereby acknowledged,the parties agree as follows: Section 1. Consultant's Services of the Agreement amended to add: "Consultant shall coordinate environmental studies with ESA for the matter of Pleasanton Citizens for Responsible Growth v. City of Pleasanton. ESA will bill Consultant for such ESA's services, and Consultant will add ESA's costs to Consultant's charges to the City." Section 4. Compensation of the Agreement is amended to add: "For the matter of Pleasanton Citizens for Responsible Growth v. City of Pleasanton as set forth in the First Amendment, an additional amount not-to- exceed $110,000 for pass-through of ESA environmental studies costs as described in Section 1, above. Furthermore, compensation also continues to include up-to $20,000 annually for compensation for services and reimbursements pursuant to the original agreement. Effective August 1, 2018 hourly rates shall be: Senior Partners $325; Partners/Of Counsel $300; Associates $230; and Paralegals $125 for all matters." All other terms and conditions of the Agreement shall remain in full force and effect. The parties have executed this Second Amendment as of the date written above. CITY OF PLEASANTON CONTRACTOR Nelson Fialho, City Manager Rick Jarvis, Senior Partner Second Amendment Page 1