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City of Pleasanton
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CITY CLERK
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2023
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051623
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5/10/2023 3:44:31 PM
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5/10/2023 3:44:30 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/16/2023
DESTRUCT DATE
15Y
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ATTACHMENT#I <br /> Contract#2020123 <br /> FOURTH AMENDMENT TO AGREEMENT <br /> This Fourth Amendment to Agreement("Fourth Amendment") is entered into this of May 2023 by <br /> the City of Pleasanton ("City")and Got Power,Inc.DBA CD& Power ("Contractor"). <br /> Whereas, on July 01, 2019, the City and Contractor entered into an As-Needed Maintenance and <br /> Trade Services Agreement for Contractor to provide services for maintenance, replacements and repairs <br /> of City owned generators per R.F.B. Project No.OSD 20-001 ("Agreement");and <br /> Whereas,on February 18, 2020, the parties entered into a First Amendment to increase the <br /> compensation in order to allow the Contractor to provide work on additional projects and rentals; and <br /> Whereas, on June 16, 2020,the parties entered into a Second Amendment to increase the <br /> compensation for Fiscal Year 2020/21 and Fiscal Year 2021/22 to a total amount not to exceed $350,000 <br /> (collectively the"Agreement");and <br /> Whereas, on July 1, 2022,the parties entered into a Third Amendment to extend the terms of the <br /> Agreement through June 30, 2023. <br /> Whereas,the parties desire to amend the Agreement by extending the term and increasing the <br /> Total Cumulative Compensation for this Agreement which includes Fiscal Year 2022/23 and Fiscal <br /> Year 2023/24 with a total not to exceed amount of$1,150,000 through June 30, 2024. <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: "Total Cumulative <br /> Compensation shall not exceed $1,150,000." <br /> 3. This Fourth 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 /> 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 Fourth Amendment to <br /> the Agreement as of the date and year first above written. <br /> CITY OF PLEASANTON CONTRACTOR—CD & POWER <br /> Fourth Amendment Page 1 <br />
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