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ATTACHMENT 2 <br /> Contract#2020154 <br /> THIRD AMENDMENT TO AGREEMENT <br /> This Third Amendment to Agreement ("Third Amendment") is entered into this day of October <br /> 2023, by the City of Pleasanton ("City") and S.D. Electric, Inc. ("Contractor"). <br /> Whereas, on August 7, 2019,the City and Contractor entered into an As-Needed Maintenance <br /> and Trade Services Agreement to provide Electrical Services per R.F.B. Project No. OSD 20-002 <br /> ("Agreement"); and <br /> Whereas,on August 10, 2022,both parties mutually agreed by the First Amendment to extend <br /> the term of the Agreement through June 30,2023; and <br /> Whereas, on September 08, 2023, both parties mutually agreed by the Second Amendment to <br /> extend the term of the Agreement through June 30, 2024 (collectively the "Agreement"); and <br /> Whereas,the parties desire to amend the Agreement to increase the annual not to exceed amount <br /> to $295,000 for Fiscal Year 2023/24, the fifth and final year of 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 3 of the Agreement("Compensation")the annual not to exceed amount will <br /> increase to $295,000 for Fiscal Year 2023/24. <br /> 2. 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 /> 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 Third Amendment to the <br /> Agreement as of the date and year first above written. <br /> CITY OF PLEASANTON CONTRACTOR— S.D. Electric, Inc. <br /> By: <br /> Gerry Beaudin, City Manager Signature <br /> Print name <br /> Third Amendment Page 1 <br />