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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCI DATE: AUG 1 2008 FIRST AMENDMENT TO O: PBA (,Z CONSULTANT AGREEMENT Tonia Zerba A- 2008 -105 THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on June 2, 2008, by and between AUSTIN FOUST ASSOCIATES, INC., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement # A- 2007 -153, dated June 18, 2007, (hereinafter "said Agreement ") by which Consultant has provided environmental consulting services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and amend the Scope of Services and Fee Schedule to reflect additional staff and increased fees during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall provide traffic/ transportation technical study services pursuant to the California Environmental Quality Act and the National Environmental Policy Act, as set forth in Consultant's Proposal dated April 16, 2008, attached to this First Amendment to Agreement as Exhibit A -1 and incorporated by reference. Said services shall be provided at request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney." 2. Section 3.a., COMPENSATION, shall be amended by replacing the fee schedule set forth in Exhibit A with the new fee schedule set forth in Exhibit A -1, attached hereto. Section 3, TERM, shall be amended to extend the termination date to June 30, 2009. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect.