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Wireless Siting Application Reviews are billed as a single unit on the first project <br /> invoice which is issued upon submission of Consultant s first substantive project <br /> Memorandum (either a Memorandum regarding an incomplete application a project <br /> review Memorandum or another substantive project-related Memorandum) <br /> The flat fee shall not be refundable in whole or in part if a Wireless Siting Application <br /> Review is cancelled abandoned transferred to different location by the applicant or <br /> City or otherwise terminated by the applicant or City provided Consultant has <br /> submitted its first substantive Memorandum to City <br /> 2 Hourly Fees Consultant shall perform all services described in Exhibit A Section <br /> Subsections B (Meeting Attendance) and C (General Consultation) and all additional <br /> services provided pursuant to Section 1 9 of the Agreement not described in the Scope <br /> of Work but mutually agreed upon by City and Consultant on an hourly fee basis as <br /> follows <br /> Personnel Rate <br /> Per Partner $330$-320 <br /> Per Associate/Of Counsel $278$-2-70 <br /> Per Paralegal $206$-200 <br /> Per Assistant $124 S-1-20 <br /> All time is billed rounded up to the next 0 I-hour(6 minute) unit <br /> 3 Automatic Increases The Flat Rate and Hourly Fees set out in this Exhibit B shall <br /> automatically increase by three percent (3%) if this Agreement is extended by City <br /> pursuant to Section 3 4 <br /> 4 Travel Time Consultant charges full rate for travel time for each staff member <br /> provided however that such travel time shall be only counted to and from the nearest <br /> office of Consultant By way of illustration should Consultant send a staff member from <br /> its San Diego office to a meeting in the City Consultant shall charge only for travel time <br /> as if the staff member traveled to and from Consultant s office in Los Angeles <br /> Expenses City shall reimburse Consultant for all ordinary costs and expenses <br /> reasonably incurred by Consultant in performance of the services provided by <br /> Consultant to City pursuant to this Agreement <br /> 2 Continuing Effect of Agreement Except as amended by this Amendment No 1 <br /> all provisions of the Agreement shall remain unchanged and in full force and effect From and <br /> after the date ofthis Amendment No 1 whenever the term `Agreement appears in the Agreement <br /> it shall mean the Agreement as amended by this Amendment No 1 to the Agreement <br /> 3 Affirmation of Agreement, Warranty Re Absence of Defaults City and <br /> Consultant each ratify and reaffirm each and every one of the respective rights and obligations <br /> arising under the Agreement Each party represents and warrants to the other that there have been <br /> no written or oral modifications to the Agreement other than as provided herein Each party <br /> 012030006/6)3934 2 -2- <br />