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Contract # 2020206 <br />Fifth Amendment Page 1 <br />FIFTH AMENDMENT TO AGREEMENT <br />This Fifth Amendment to Agreement ("Fifth Amendment") is entered into this 12th day of February <br />2024 by the City of Pleasanton ("City") and Raftelis Financial Consultants (“Consultant”). <br />Whereas, on September 3, 2019 the City and Consultant entered into Professional Services <br />Agreement for water and sewer rate study services, as amended by a First Amendment dated September <br />01, 2020 to expand the scope of services and extend the terms, a Second Amendment dated October 15, <br />2021 to extend the term, a Third Amendment dated December 22, 2021 to increase the compensation <br />and extend the term, and a Fourth Amendment dated May 15, 2023 to increase the compensation and <br />extend the term (collectively the “Agreement”); <br />Whereas, the parties desire to amend the Agreement by increasing the compensation and expand <br />the scope of services. <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br />the parties agree as follows: <br />1. Section 4 of the Agreement, “Compensation” is amended to read: Total Compensation <br />for the remaining term of this Agreement for services and reimbursement for cost shall <br />not exceed $317,059, which includes a 15% contingency for unforeseen circumstances <br />and related extra services as determined to be necessary by the City. Payment of such <br />contingency funds is not guaranteed to Consultant unless the City requests in writing <br />such extra services. <br />2. The Scope of Work is amended to include three additional tasks as outlined in the <br />updated Exhibit A.1, attached hereto. <br />3.This Fifth 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 Fifth Amendment to the <br />Agreement as of the date and year first above written. <br />CITY OF PLEASANTON CONSULTANT – Raftelis Financial <br />_____________________________ By: __________________________ <br />Gerry Beaudin, City Manager Signature <br />DocuSign Envelope ID: 7BDFA553-C6C5-470D-8134-5B8D6AB4CB41