1 SvcsAmend (2022-1)
AMENDMENT NO. 1 TO RECREATION SERVICE AGREEMENT
NO. 21-0428
This Amendment No. 1 is made and entered into by and between the City of Fremont, a municipal corporation ("City"), and Nanogan Science & Services dba Mad Science of Bay Area ("Contractor”).
RECITALS
A. On September 17, 2021 City and Contractor entered into the original Recreation Service Agreement (“Agreement”) in the amount of $75,000 for Mad Science classes and camps instruction.
B. City and Contractor now desire to amend the Agreement to increase compensation after negotiations the Parties agree as set forth below.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. PAYMENT. City will pay Contractor an amount not to exceed $225,000 for additional services rendered under this Amendment. Thus, the total compensation payable to Contractor in accordance with the Agreement as amended herein shall not exceed: $300,000 ($75,000 for the original Agreement plus $225,000 for this Amendment).
2. INCORPORATION BY REFERENCE. Unless specifically modified by this Amendment, all terms and conditions set forth in the Agreement are incorporated by reference and shall remain in full force and effect.
3. ENTIRE AGREEMENT. The Agreement (including this Amendment and all documents incorporated by reference) comprises the entire integrated understanding between the parties concerning the services described in the Agreement. This Amendment supersedes all prior negotiations, agreements, and understandings regarding the additional services described herein, whether written or oral. The documents incorporated by reference into this Amendment are complementary; what is called for in one is binding as if called for in all.
4. SIGNATURES. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities of the Contractor and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the City and Contractor hereby agree to the terms set forth herein.
CITY OF FREMONT AMENDMENT NO. 1 TO RECREATION SERVICE AGREEMENT NO. 21-0428
2 SvcsAmend (2022-1)
CITY OF FREMONT CONTRACTOR
__________________________ ________________________
By: Brian Stott By: Bhavani Kanneganti
Title: Assistant City Manager Title: Managing Member Date: __________________________ Date: ________________________ [email protected]
APPROVED AS TO FORM:
________________________
By: Bronwen Lacey
Title: Senior Deputy City Attorney