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ATTACHMENT 1 <br /> SECOND AMENDMENT TO AGREEMENT <br /> This Second Amendment to Agreement("Second Amendment") is entered into this 5th <br /> day of October 2021 by the City of Pleasanton("City") and Tri-Valley Repertory Theatre <br /> ("Contractor") <br /> Whereas, on April 9, 2018, the City and Contractor entered into a Services Agreement <br /> Theatrical Production Services for Civic Arts Presents Programs, as amended by the First <br /> Amendment dated January 20, 2019,which extended the term, altered compensation and updated <br /> Consultant's services (collectively the "Agreement"); and <br /> Whereas,the Agreement contemplated the parties' ability to extend the Agreement for <br /> additional years; and <br /> Whereas,the parties desire to amend the Agreement for this second of four allowable <br /> extensions (as COVID-19 did not allow for Contractor to provide services for FY 2020/2021). <br /> Now,therefore, in exchange for valuable consideration, the receipt of which is hereby <br /> acknowledged, the parties agree as follows: <br /> 1. Section 3 (Term) is amended to extend the term through June 30, 2022. <br /> 2. Section 1. (Consultant's Services) and Section 4 (Compensation) of the Agreement is <br /> amended to reference the attached Scope of Services—Exhibit A. <br /> 3. Section 12 c. is deleted as Contractor does not have any employees. <br /> 4. This Second Amendment may be executed in multiple counterparts, each of which <br /> shall be an original and all of which together shall constitute one agreement. <br /> Counterparts may be delivered via facsimile, electronic mail (including pdf or any <br /> electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code <br /> §7001 et seq.), California Uniform Electronic Transactions Act(Cal. Civil Code <br /> §1633.1 et seq.), or other applicable law) or other transmission method, and any <br /> counterpart so delivered shall be deemed to have been duly and validly delivered and <br /> be valid and effective for all 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 />