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Contract #2024637 <br /> <br /> <br /> <br />Second Amendment Page 1 <br />SECOND AMENDMENT TO AGREEMENT <br /> <br /> <br />This Second Amendment to Agreement ("Second Amendment") is entered into this ____ day of <br />April 2025, by the City of Pleasanton ("City") and Got Power Inc., dba CD & Power <br />("Contractor”). <br /> <br />Whereas, on July 1, 2024, the City and Contractor, entered into an As-Needed Maintenance and <br />Trade Services Agreement for Generator Repair Services RFP PWD 24.601, as amended by the First <br />Amendment dated September 25, 2024, to expand the services provided by the Contractor ("collectively <br />the Agreement"); and <br /> <br />Whereas, the parties desire to amend the Agreement to increase the annual not to exceed amount <br />to be Performed of this Agreement. <br /> <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br />the parties agree as follows: <br /> <br />1. Section 3 of the Agreement, “Compensation” the annual compensation shall not exceed <br />$350,000 for Fiscal Year 2024/25 and all subsequent Fiscal Years for the remainder of <br />this Agreement. This will bring the Total Compensation for this Agreement to <br />$1,050,000 for the three year term. <br /> <br />2. This Second Amendment may be executed in multiple counterparts, each of which shall <br />be an original and all of which together shall constitute one agreement. Counterparts <br />may 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 /> <br />3. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> <br />In witness whereof, authorized representatives of the parties have executed this Second Amendment to <br />the Agreement as of the date and year first above written. <br /> <br /> <br />CITY OF PLEASANTON CONTRACTOR – Got Power Inc. <br /> <br />_____________________________ By: __________________________ <br />Gerry Beaudin, City Manager Signature <br /> <br /> <br /> __________________________ <br /> Print name <br /> <br />Page 191 of 223