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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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060419
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13
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5/29/2019 11:28:15 AM
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5/29/2019 11:28:14 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/4/2019
DESTRUCT DATE
15Y
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ATTACHMENT #1 <br /> Contract #: 2017432 <br /> FOURTH AMENDMENT TO AGREEMENT <br /> This Fourth Amendment to Agreement("Fourth Amendment") is entered into this 4th day of June 2019 <br /> by the City of Pleasanton("City") and Tree Sculpture Corporation hereinafter known as Terra <br /> Landscape ("Contractor"). <br /> Whereas, on November 2, 2015, City and Contractor entered into a one-year agreement for <br /> Contractor services for weed abatement landscape services" ("Agreement"); <br /> Whereas,the parties entered into a First Amendment to extend the Agreement to October 31, <br /> 2017: and <br /> Whereas,the parties entered into a Second Amendment to extend the Agreement to October 31, <br /> 2018; and <br /> Whereas,the parties entered into a Third Amendment to extend the Agreement to June 30, 2019, <br /> and amend the annual compensation not to exceed the amount of$95,000; and <br /> Whereas,the parties desire to amend the Agreement to increase the total compensation for the <br /> fiscal year ending June 30, 2019, to $145,000 and extend the term of the agreement for an additional 12 <br /> months. <br /> Now,therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br /> the parties agree as follows: <br /> 1. Section 1 of the Contract, "Work to be Performed" is amended to include forty-one new <br /> sites as shown in Exhibit"A". <br /> 2. Section 4 of the Contract, "Term and Contract Renewal Option" is amended to read: <br /> The Agreement shall be extended for an additional 12-month period from July 1, 2019 to <br /> June 30, 2020, and annual compensation shall reflect an increase of 4.0%which is the <br /> change in the Consumer Price Index for the San Francisco-Oakland-San Jose region for <br /> April 2019. <br /> The total annual compensation to be paid under this Contract, as amended, shall not <br /> exceed$145,000. <br /> 3. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> 4. This Fourth Amendment may be executed in multiple counterparts, each of which shall <br /> be an original and all of which together shall constitute one agreement. Counterparts <br /> may be delivered via facsimile, electronic mail (including pdf or any electronic signature <br /> complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California <br /> Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.),or other <br /> applicable law) or other transmission method, and any counterpart so delivered shall be <br /> deemed to have been duly and validly delivered and be valid and effective for all <br /> purposes. With respect to signatures delivered via facsimile or electronically, Contractor <br /> Page 1 <br />
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