SWIMS, LLC - THIRD AMENDMENT (#2022322)

Contract #2022322 Third Amendment Page 1 THIRD AMENDMENT TO AGREEMENT This Third Amendment to Agreement ("Third Amendment") is entered into this ___ day of October 2025, by the City of Pleasanton ("City") and SWIMS, LLC ("Contractor”). Whereas, on November 12, 2021, the City and Contractor entered into a Maintenance and Trade Services Agreement to provide maintenance of Debris Separating Babble Box, as amended by the First Amendment dated October 10, 2023 to extend the terms, and as amended by Second Amendment dated September 19, 2024 to extend the terms and increase the compensation amount (collectively the "Agreement"); and Whereas, the parties desire to amend the Agreement to extend the term through October 30, 2026. 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 October 30, 2026. 2. Section 3 of the Agreement (“Compensation”) Total Compensation for all services and reimbursements shall be increased by $6,000 for a new total not to exceed amount of $51,000 and Exhibit A Fee Schedule will be updated to reflect an increase in rates as mutually agreed upon by both parties. 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 of 2000 (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 CONTRACTOR – SWIMS, INC. _____________________________ By: __________________________ Gerry Beaudin, City Manager Signature __________________________ Print name LLC Todd Hudson 8th