CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

THIRD AMENDMENT TO AGREEMENT This Third Amendment to Agreement ("Third Amendment") is entered into this first day of July 2024 by the City of Pleasanton ("City") and American Cemetery Maintenance and Burial (ACMB) LLC. a Limited Liability Corporation whose address is 2150 Portola Ave. Suite D-160, Livermore CA 94551, (“Contractor”). Whereas, on December 21, 2021, the City and Contractor entered into a Burial and Maintenance Services Agreement with a term commencing on January 1, 2022 ("Agreement"); and Whereas, on December 20, 2022, the City and Contractor entered into a First Amendment to Agreement; and Whereas, on January 1, 2023, the City and Contractor entered into a Second Amendment to Agreement; and Whereas, the City and Contractor desire to enter into a Third Amendment to Agreement to extend the Agreement 12 additional months; and Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1.Section 3 of the Agreement, "Compensation" is amended to read: Compensation for the services and reimbursement for costs for the term of July 1, 2024 to June 30, 2025 shall not exceed $224,000 and shall be paid as set forth in the revised Exhibit A and Exhibit B, attached hereto. For Fiscal Year 2025/26, and any subsequent years of the Agreement, to a maximum term of five years total, the annual compensation may not exceed $224,000 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 12-month period (which for Fiscal Year 2026/26 will 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. 2.Exhibit A and B of the Agreement are amended as attached. 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 Second Amendment to the Agreement as of the date and year first above written. CITY OF PLEASANTON CONTRACTOR By: Gerry Beaudin, City Manager Signature ATTEST: Title: Print name [If Consultant is a corporation, signatures must comply ATTACHMENT 2 Page 196 of 782