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15
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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100119
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15
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10/1/2019 9:09:54 AM
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9/24/2019 3:46:26 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/1/2019
DESTRUCT DATE
15Y
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FIFTH AMENDMENT TO AGREEMENT <br />This Fifth Amendment to Agreement ("Fifth Amendment") is entered into this day of <br />2019 by the City of Pleasanton ("City") and Morgenroth Development ("Contractor") <br />Whereas, on July 1, 2015 the City and Contractor entered into an As -Needed Maintenance and <br />Trade Services Agreement for Contractor to provide services for the maintenance and renovation of City <br />facilities and the housing rehabilitation program, which was amended by the First Amendment dated <br />7/1/2016, the Second Amendment dated 7/1/2017, the Third Amendment dated 7/1/2018, and the Fourth <br />Amendment dated April 17, 2019 (collectively the "Agreement"); and <br />Whereas, the parties desire to amend to the Agreement to extend the time in which Contractor <br />may provide services. <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br />the parties agree as follows: <br />The Agreement is amended to extend the term until June 30, 2020. <br />2. Section 3 of the Agreement, "Compensation" is amended to read: <br />"For Fiscal Year 2019-20, total compensation shall not exceed $400,000." All other <br />terms and conditions of the Agreement shall remain in full force and effect. <br />3. This amendment may be executed in multiple counterparts, each of which shall be an <br />original and all of which together shall constitute one agreement. Counterparts may be <br />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 />shall deliver its original wet ink signature to the City within thirty (30) days following <br />Contractor's original delivery via facsimile, electronic mail or other transmission method, <br />provided that failure to deliver such original ink signature shall not affect the validity of <br />the electronic signatures that were delivered. <br />In witness whereof, authorized representatives of the parties have executed this Fifth Amendment to the <br />Agreement as of the date and year first above written. <br />CITY OF PLEASANTON CONTRACTOR <br />By: <br />Nelson Fialho, City Manager Signature <br />Print name <br />Title: <br />Fifth Amendment Page 1 <br />
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