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AMENDMENT N0.1 TO CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND C. KELL-SMITH AND ASSOCIATES <br />This First Amendment ("Amendment No. 1") to that certain Agreement for Consulting Services, <br />dated January 1, 2004 and entered into between the City of San Leandro ("City") and C. Kell-Smith and <br />Associates, ("Consultant") is entered into as of December 1, 2008. Agency and Consultant are hereinafter <br />collectively referred to as the "Parties." <br />RECITALS <br />WHEREAS, the Parties executed an Agreement on January 1, 2004 with a term until December, <br />31, 2008; and <br />WHEREAS, the term of the agreement should now be extended until December 31, 2010; and <br />WHEREAS, the Parties acknowledge the scope of work under Exhibit A of the Agreement is not <br />sufficient to adequately and correctly complete the Airport Noise Insulation Program; and <br />WHEREAS, the City desires to amend Exhibit A of the Agreement to include a Phase 3; and <br />WHEREAS, the Parties acknowledge that the amount of compensation authorized under the <br />Agreement is not sufficient to compensate Consultant for an adjusted scope of services to adequately and <br />correctly complete the Airport Noise Insulation Program; and <br />WHEREAS, the City desires to increase the total sum of compensation under the Agreement by <br />One Hundred Thirty Thousand, Seven Hundred Forty-Five Dollars ($130,745) to a total not to exceed <br />amount of Two Million, Three Hundred One Thousand, Three Hundred Fifty Dollars ($2,301,350); and <br />NOW THEREFORE, in consideration of the mutual covenants of the Parties and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby <br />agree as follows: <br />1. The Term of the Agreement in Section 1 shall be changed from December 31, 2008 to <br />December 31, 2010; and <br />2. Exhibit A of the Agreement is amended to include a Phase 3, attached hereto and <br />incorporated herein; and <br />3. Section 2 of the Agreement entitled "Compensation" is hereby amended to change the <br />total not to exceed amount to Two Million, Three Hundred One Thousand, Three Hundred and Fifty Dollars <br />($2,301,350); and <br />4. All other terms of the agreement shall remain in full force and affect, <br />