1 THIRD AMENDMENT TO
AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the _____ day of June 2023, between the City of Fresno, a California municipal corporation (City), and Fresno Humane Animal Services, a California Non -Profit Public Benefit Corporation (Service Provider).
RECITALS
WHEREAS, the City and the Service Provider entered into an a greement on May 12, 2022 (Agreement), to provide all services required by law for animal control, pound master, veterinary, animal sheltering and all related services for the Animal Center (Project); and
WHEREAS, the City and Service Provider entered into an amendment on October 7, 2022, to create a $300,000 cash account to allow the Service P rovider to be paid more quickly; and
WHEREAS, the City and the Service Provider entered into a second amendment on February 24, 2023, to increase the cash account up to $600,000; and WHEREAS, the City and Service Provider desire to extend the term of the Agreement to November 30, 2023; and Service Provider’s compensation by $2,321,500.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. Service Provider’s compensation shall increase by $2,321,500, for a total of $___________, for the performance of services as described in the Agreement
2. In the event of any conflict between the body of this Amendment and any exhibit or a ttachment hereto, t he terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Amendment, shall be null and void.
3. Except as otherwise provided herein, the Agreement entered into by the City and the Service Provider on May 12, 2022, and amended on October 7, 2022, and February 24, 2023, remain in full force and effect.
[Signatures follow on the next page.]
2 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written.
City of Fresno,
A California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
Fresno Humane Animal Services,
a California Non-Profit Public Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
Addresses:
City:
City of Fresno
Attention: Gregory Barfield, Assistant
City Manager
City Hall
2600 Fresno Street, Room 2097
Fresno, CA 93721-3601
Telephone No: (559) 621-7770
E-mail: [email protected]
Service Provider:
Fresno Humane Animal Services.
Attention: Brenda Mitchell, President
1510 W. Dan Ronquillo Way
Fresno, CA 93706
Telephone No: (559) 600-7387
E-mail: [email protected]