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ATTACHMENT#1 <br /> Contract# 2020110 <br /> SECOND AMENDMENT TO AGREEMENT <br /> This Second Amendment to Agreement("Second Amendment") is entered into this day of <br /> July 2021 by the City of Pleasanton ("City") and ACCO Engineered Systems ("Contractor"). <br /> Whereas, on July 25, 2019, the City and Contractor entered into a Maintenance and Trade <br /> Services Agreement ("Agreement") for HVAC maintenance and emergency repair services for City <br /> buildings, as amended by the First Amendment to increase compensation to allow Contractor to provide <br /> work on emergency repairs and additional projects (collectively the"Agreement"); and <br /> Whereas,the parties desire to amend the Agreement to extend the term, increase compensation, <br /> and modify filter requirements. <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 Agreement, "Term" is amended to extend the term by one (1)year until <br /> July_, 2024. <br /> 2. Section 3 of the Agreement, "Compensation" is amended to delete specified dollar <br /> amounts for each year of the Agreement, and instead provide for a cumulative <br /> compensation amount not to exceed $800,000. <br /> 3. Exhibit A of the Agreement is amended so that the first line of the table provides for <br /> higher efficiency filters, as follows: <br /> Chane all filters ILREMS=1111111111. MERV 13 <br /> 4. This Second 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. <br /> 5. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> In witness whereof, authorized representatives of the parties have executed this Second <br /> Amendment as of the date first above written. <br /> Second Amendment Page 1 <br />