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FIFTH AMENDMENT TO AGREEMENT <br />This Fifth Amendment to Agreement ("Fifth Amendment") is entered into October 1 �, 2019 <br />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, the Third Amendment dated Oct. 3, 2018, and the Fourth <br />Amendment dated February 19, 2019 (collectively the "Agreement"); and <br />Whereas, additional environmental review and preparation of responses to comments is <br />needed from Environmental Science Associates (ESA) related to the matter of Pleasanton Citizens <br />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 and preparation of responses to comments for 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 $250,000. <br />B. All other terms and conditions of the Agreement shall remain in full force and effect. <br />The parties have executed this Fifth 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 />