TERRA LANDSCAPE/TREE SCULPTURE GROUP

ATTACHMENT 1 FIRST AMENDMENT TO AGREEMENT This First Amendment to Agreement ("First Amendment") is entered into this day of July 2023 by the City of Pleasanton ("City") and Tree Sculpture Group, Inc. dba Terra Landscape ("Contractor") Whereas, on January 1, 2022, the City and Consultant entered into a Maintenance Services Agreement for Grounds Maintenance for the Pleasanton Pioneer Cemetery ("Agreement"); and Whereas,the terms and scope of work need to be amended; and Whereas,the parties desire to amend to the Agreement; 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 and Schedule" is amended to read: This contract shall commence on the date written above and shall expire on June 30, 2024. The City and Consultant shall retain the right to renew the signed contract for an additional one-year period, and an additional 18-month period. 2.Section 2 of the Agreement, "Services to be Performed" is amended to read: Contractor shall perform, or cause to be performed, the services described in the revised Exhibit A, Cemetery Landscape Maintenance Scope of Work. Section 3 of the Agreement, "Compensation" is amended to read: Compensation for services shall not exceed $56,751 for FY 2023/24 and shall be paid as set forth in the revised Exhibit A, attached hereto. Payment shall be made within thirty (30) days of receipt of Contractor's invoice and approval by City. Extra Work shall be paid for per the revised Exhibit B, Terra Landscape Fee Schedule. For FY 2024/25, and any subsequent years of the Agreement, to a maximum term of five years total, the annual compensation shall not exceed $56,751 plus the percentage change in the April to March Consumer Price Index (CPI), year-over-year for the San Francisco-Oakland-San Jose Metropolitan Area(all items indexed; all urban consumers) with the percentage change based on the preceding twelve-month period (which for Year 2 would be April 2024 to March 2025) as published by the Bureau of Labor Statistics, U.S. Department of Labor. Such CPI adjustment shall also be applied to the rates set forth in Exhibit A. Total compensation of the Agreement is for a maximum five-year term shall not exceed 308,596. 3.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 First Amendment to the Agreement as of the date and year first above written. DocuSign Envelope ID: 0513E5BC-7817-4751-AE43-17E4D02158EFDocusign Envelope ID: 60515C6D-2A85-44A4-822D-95AC35991C81