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Adams Ashby Group - CDBG Consultant (2018) - Amendment No. 1FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND ADAMS ASHBY GROUP, INC. WHEREAS, the City of Gilroy, a municipal corporation ("City"), and Adams Ashby Group, Inc. entered into that certain agreement entitled "Agreement for Services," effective on April 1, 2018, hereinafter referred to as "Original Agreement"; and WHEREAS, City and Adams Ashby Group, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The first paragraph of Article 1 ("Term of Agreement") of the Original Agreement shall be amended to read as follows: "This Agreement will become effective on April 1, 2018 and will continue in effect through June 30, 2019 unless terminated in accordance with the provisions of Article 7 of this Agreement. The second paragraph of Article 1 of the Original Agreement is unaffected and remains enforceable. 2. Article 4, Section A ("Consideration") of the Original Agreement shall be amended to read as follows: "In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total compensation paid to CONSULTANT exceed $47,075.00." 3. Exhibit "D" ("Payment Schedule") of the Original Agreement shall hereby be replaced with the attached Exhibit "D," which shall be effective on October 1, 2018. 4. This Amendment shall be effective on October 1, 2018. 5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4838-3881-02420 CCHU104706083 _ 1 _ 7. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY By: [sip -nature] _ abrl P . At-An-7/2 lP2- ..��"" [employee name] i,Jt- I�d1Af.Y1 L�Y", _ �J [tiNe%depement] Date: Approved as to Form City Attorney ADAMS BY GROUP, INC. By: [signatur� Paul Ashby [name] Principal [title] Date: ATTEST. Ci r 4838-3881-02420 _2_ CCHU104706083 2018 Cost Schedule EXHIBIT "D" PAYMENT SCHEDULE Hourly Rate Principal Total Original Hours anticipated Additional Hours anticipated Total Hours Anticipated Original Not to Exceed Amount Additional Amount Maximum Not to Exceed Amount $95.00 285 210.53 495.53 $27,075 $20,000 $47,075 The charges above represent our hourly rate for services provided, including travel time when required/necessary. This rate is inclusive of all charges, except for overnight stays when required. If it is necessary to stay overnight for on -site services, we would propose to simply charge the "rack rate" of a local hotel to accommodate the stay. Any outside studies required for environmental compliance are not included. Work to be performed will be approved by the City prior to commencing the proposed task. Invoices will be submitted monthly and paid within 30 days of the submittal. All invoices will include a detailed review of work task completed with associated hours identified for each task. 4845-8215-5540v1 MDOLINGER104706083 -3-