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First Admendment - Brown & Caldwell 2011-03-21 FIRST AMENDMENT TO AGREEMENT BETWEEN COSTA MESA SANITARY DISTRICT AND BROWN AND CALDWELL FOR CONSULTANT SERVICES THIS FIRST AMENDMENT to Agreement between the Costa Mesa Sanitary District and Brown and Caldwell for developing an Asset Replacement Funding Model ("AGREEMENT") is made and entered into this2/n day of .Q ,, 2011, by and between the Costa Mesa Sanitary District, hereinafter referred to as DISTRICT, and Brown and Caldwell, hereinafter referred to as CONSULTANT. WITNESSETH: WHEREAS, on September 8, 2010, the DISTRICT and CONSULTANT entered into AGREEMENT for developing an Asset Replacement Funding Model; and WHEREAS, the terms of the AGREEMENT provided that it was not to exceed $40,938 for services rendered by CONSULTANT; and WHEREAS, the DISTRICT desires additional services from the CONSULTANT by providing several asset replacement funding options; and WHEREAS, the DISTRICT and CONSULTANT now desire to amend the ORIGINAL AGREEMENT to increase CONSULTANT's compensation for services rendered. NOW,THEREFORE, the parties hereto agree as follows: • 1. Section 5, subsection a in the ORIGINAL AGREEMENT shall be amended to read: "(a) The District agrees to pay Consultant up to forty-four thousand eight hundred fifty-eight dollars ($44,858.00) for services rendered in accordance with this Agreement. This amount shall not exceed the total sum during term of the Agreement unless additional payment is approved as provided in this Agreement. 2. In consideration for said additional sum to be paid, Consultant shall provide District several asset replacement funding options. 3. Except as specifically amended by the terms of this First Amendment, all provisions of the ORIGINAL AGREEMENT shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed this day and year first above written. COSTA MESA SANITARY DISTRICT BROWN AND CALDWELL General Manager Signature \ ATTEST: Marc Damikolas Z; Typed Name (I?tPli Vice President Disict Clerr k `> = Title - APPROVE U`Ti FORM: District Counsel • • 2