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Attachment 1 <br /> FOURTH AMENDMENT TO AGREEMENT <br /> This Fourth Amendment to Agreement("Fourth Amendment") is entered into February 19, <br /> 2019 by the City of Pleasanton ("City") and Jarvis,Fay& Gibson,LLP ("Consultant"). <br /> Whereas, on August 19, 2016 the City and Consultant entered into a Professional Services <br /> Agreement for legal services, as amended by the First Amendment dated Dec. 4, 2017, the Second <br /> Amendment dated Sept. 19, 2018, and the Third Amendment dated Oct. 3, 2018 (collectively the <br /> "Agreement"); and <br /> Whereas, additional environmental review by ESA is required for the matter of Pleasanton <br /> Citizens for Responsible Growth v. City of Pleasanton; and <br /> Whereas, the parties desire to amend to the Agreement to increase the budget for ESA's <br /> environmental studies work this matter. <br /> Now,therefore,in exchange for valuable consideration, the receipt of which is hereby <br /> acknowledged, the parties agree as follows: <br /> A. Section 4. Compensation of the Agreement is amended provide that for the matter of <br /> Pleasanton Citizens for Responsible Growth v. City of Pleasanton, ESA will bill Consultant for <br /> ESA's services, Consultant will add ESA's costs to Consultant's charges to the City, and the not-to- <br /> exceed amount for ESA's costs shall be $200,000. <br /> B. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> The parties have executed this Fourth Amendment as of the date written above. <br /> CITY OF PLEASANTON CONTRACTOR <br /> Nelson Fialho, City Manager Rick Jarvis, Senior Partner <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Daniel G. Sodergren, City Attorney <br />