Agmt 2009 Post Buckley Schuh & Jernigan Inc

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AMENDMENT N0.2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND POST, BUCKLEY, SCHUH & JERNIGAN, INC (PBS&J) This Second Amendment ("Amendment No. 2") to that certain Agreement for Consulting Services, dated July 30, 2007 and amended October 6, 2008 and entered into between the City of San Leandro ("City") and Post, Buckley, Schuh & Jernigan, Inc. (PBS&J), ("Consultant') is entered into as of October 5, 2009. Agency and Consultant are hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, the Parties executed an Agreement on July 30, 2007 with a term until December, 31 2008; and WHEREAS, the Parties executed a First Amendment on October 6, 2008; and WHEREAS, the term of the agreement should now be extended until December 31, 2010; and WHEREAS, the Parties acknowledge that the amount of compensation authorized under the Agreement is not sufficient to compensate Consultant for its adjusted scope of services to adequately and correctly complete the EIR; and WHEREAS, City desires to increase the total sum of compensation under the Agreement by Three Hundred Seventy-Four Thousand, Three Hundred Fifteen Dollars ($374,315) for a total compensation under the agreement of One Million, One Hundred Eleven Thousand, Three Hundred Twenty-Two Dollars ($1,111,322); NOW THEREFORE, inconsideration of the mutual covenants of the Parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. The Term of the Agreement in Section 1 shall be changed from December 31, 2009 to December 31, 2010; and 2. Section 2 of the Agreement entitled "Compensation" is hereby amended to change the total sum of compensation to of One Million, On Hundred Eleven Thousand, Three Hundred Twenty-Two Dollars ($1,111,322); and 3. All other terms of the agreement shall remain in full force and affect.