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• <br /> ATTACHMENT#2 <br /> Contract#2020189 <br /> FIRST AMENDMENT TO AGREEMENT <br /> This First Amendment to Agreement("First Amendment") is entered into this first day of August 2022, <br /> by the City of Pleasanton ("City")and Frisch Engineering,Inc. ("Consultant"). <br /> Whereas, on August 1, 2019,the City and Consultant entered into a Design Professional <br /> Services Agreement to provide electrical and instrumentation/control engineering services per R.F.B. <br /> Project No. OSD 20-002 ("Agreement"); and <br /> Whereas,the parties desire to amend the Agreement to extend the term through June 30, 2024 <br /> and increase the cumulative not to exceed amount. <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 provide that the Agreement shall <br /> expire on June 30,2024. <br /> 2. Section 3 of the Agreement("Compensation") is amended that the not to exceed amount <br /> for FY 2022/23 & FY 2023/24 shall be $200,000 for the remaining two years of the <br /> Agreement. <br /> 2. This First Amendment may be executed in multiple counterparts, each of which shall be <br /> an 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. <br /> 3. 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 First Amendment to the <br /> Agreement as of the date and year first above written. <br /> CITY OF PLEASANTON CONSULTANT—FRISCH ENGINEERING <br /> By: <br /> Gerry Beaudin, City Manager Signature <br /> Print name <br /> ATTEST: Title: <br /> First Amendment Page 1 <br />