Agmt12 David J. Powers & Associates, Inc.

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h ORIGINAL AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL SERVICES (David J. Powers &Associates, Inc.) This A ndment No. 1 is entered into and effective as of the /7 day of , 2013, extending and amending the agreement dat d July 31, 2012 (the "Agreeme t") by and between the City, a charter city and municipal corporation of the State of C ornia ("City"), and David J. Powers & Associates, Inc., ("Consultant") (collectively, th arties") for the Cambridge Academy Project. RECITALS A. On May 31, 2012, the Parties executed the Agreement for Professional Services; and B. The Parties have negotiated and agreed to amendments attached to and incorporated in by reference as Exhibit "A," Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Consultant will provide those services described in Exhibit "A." With this Amendment, the total annual Agreement amount shall not exceed Fifty-Three Thousand, Two Hundred Twenty-Five Dollars ($53,225.00). 2. City will pay Consultant for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed Forty-Two Thousand, Two Hundred Sixty Dollars ($42,260.00), for an aggregate amount of Fifty-Three Thousand, Two Hundred Twenty-Five Dollars ($53,225.00). Consultant will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Consultant will complete all work described in Exhibit "A" by the completion of performances of services hereunder by Consultant. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. ATTY/AGR/2013/AMENDMENTS/AMEND NO. 1 DAVID POWERS CAMBRIDGE ACADEMY EUCLID REV: 05-06-13 VR Page 1 of 9