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ATTACHMENT 1 <br /> FIFTH AMENDMENT TO AGREEMENT <br /> This Fifth Amendment to Agreement ("Fifth Amendment") is entered January 21, 2020 by the City of <br /> Pleasanton("City") and Monte Vista Memorial Investment Group (MVMIG), LLC, a Limited Liability <br /> Corporation whose address is 3656 Las Colinas Road, Livermore, CA 94551, and telephone number is <br /> 408-499-2197 ("Contractor"). <br /> Whereas, City and Contractor entered into an Agreement for Burial Services, Marker <br /> Installation, and Ground Maintenance services on December 7, 2016, as amended by the First <br /> Amendment dated November 17, 2017, the Second Amendment dated December 27, 2017, the Third <br /> Amendment dated February 5, 2019, the Fourth Amendment dated January 1, 2020 (collectively the <br /> "Agreement"); and <br /> Whereas, Section 3 of the Agreement allows the parties to extend the term; and <br /> Whereas,the parties desire to further amend the Agreement. <br /> Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br /> the parties agree as follows: <br /> 1. Section 1.6 of the Agreement, "Marker installation" is amended to read: "The contractor shall <br /> install headstones and markers within seven (7) days of notification by the City Sales and <br /> Management Contractor. Contractor shall ensure site layout and preparation and install <br /> headstones and markers. Headstones shall be handled in a manner that prevents damage. <br /> Contractor shall ensure that flat markers shall be uniform in height(parallel with the ground and <br /> no more than one (1) inch above grade) and horizontally and vertically aligned. Contractor shall <br /> provide headstone re-setting as needed. The Contractor is not responsible for the purchase and <br /> delivery of the monuments, headstones and markers to the cemetery." <br /> 2. Section 3 of the Agreement, "Terms" is amended to read: "The contract shall commence on <br /> January 1, 2017 and shall expire on December 31, 2020. The City and Contractor shall retain the <br /> right to renew this Agreement for an additional one-year period." <br /> 3. Exhibit A, Scope of Consultant's Services, Section 2 "Burial Services and Grounds <br /> Maintenance" is amended to read: <br /> (To be used in conjunction with the City Standard Specifications and Standard Details, and <br /> the State Standard Specifications and Standard Plans) <br /> All work shall be in accordance with the City of Pleasanton Standard Specifications and Details dated <br /> November 2016. <br /> All work not specifically called out as "Extra Work" in the below scope of work sections shall be <br /> considered "Basic Maintenance". <br /> Fifth Amendment Page 1 <br />