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Contract #2021220 THIRD AMENDMENT TO AGREEMENT This Third Amendment to Agreement ("Third Amendment") is entered into this 16th day of April 2024, by the City of Pleasanton ("City") and Shape Incorporated ("Contractor"). Whereas, on September 28, 2020, the City and Contractor entered into an As-Needed Maintenance and Trade Services Agreement to provide Sewer and Storm pump repair and replacement services, as amended by a First Amendment dated October 2021, 2022, to extend the term, and a Second Amendment dated September 14, 2023, to extend the term (collectively the "Agreement"); and Whereas, the parties desire to amend the Agreement to extend the term through June 30, 2025, and increase the annual not to exceed amount. Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1.Section 1 of the Agreement ("Term") is amended to provide that the Agreement shall expire on June 30, 2025. 2.Section 3 of the Agreement ("Compensation") the annual not to exceed amount for Fiscal Year 2023/24 shall be $155,000 and the annual not to exceed amount for Fiscal Year 2024/25 shall be $75,000, Exhibit A will be updated to reflect an increase in service rates. 3.This Third Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code§ 1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 4.All other terms and conditions of the Agreement shall remain in full force and effect. In witness whereof, authorized representatives of the parties have executed this Third Amendment to the Agreement as of the date and year first above written. CITY OF PLEASANTON Gerry Beaudin, City Manager ATTEST: Third Amendment CONTRACTOR-SHAPE INC. By: • ()jQiWly Mg.Md by Nkk Chavez Nick Chavez o.,,.,�,.. ... ,rn�l,49 >07'00" Signature Nick Chavez Print name Title: President Page 1 DocuSign Envelope ID: 9D7441EE-2530-408E-BC4B-A7685E124EC8