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ATTACHMENT #1 <br />Contract # 2020110 <br />THIRD AMENDMENT TO AGREEMENT <br />This Third Amendment to Agreement ("Third Amendment") is entered into this September 2022 <br />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 for Contractor to provide HVAC scheduled maintenance, as needed/emergency <br />repair services and additional projects (collectively the "Agreement"); and <br />Whereas, on November 6, 2019, the parties entered into a First Amendment to increase the <br />compensation in order to allow the Contractor to provide work on emergency repairs and additional <br />projects; and <br />Whereas, on July 26, 2021, the parties entered into a Second Amendment to modify the filter <br />requirements and increase the compensation to a cumulative amount not to exceed $800,000 through <br />June 30, 2023; and <br />Whereas, the parties desire to amend the Agreement by extending the term through June 30, <br />2024 and by updating the cumulative not to exceed amount of $1,300,000 for the remaining two years of <br />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 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 to read the cumulative not to <br />exceed amount shall be $1,300,000 for the entire five years of the Agreement. Attached <br />and incorporated into this Amendment is an updated Exhibit A which reflects an increase <br />in rates based on the local Consumer Price Index. <br />3. This third 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 <br />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 />4. 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 Third Amendment to the <br />Agreement as of the date and year first above written. <br />Third Amendment Page 1 <br />