1 SEVENTH AMENDMENT TO
AGREEMENT
THIS SEVENTH AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the ____ day of November 2023, between the CITY OF FRESNO, a California municipal corporation (City), and Ascent Environmental, Inc., a California corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement dated November 30, 2018, to provide professional Environmental Consulting services for the South Central Specific Plan Environmental Impact Report, (Project); and
WHEREAS, City and Consultant entered into First Amendment, dated November 14, 2019, to increase the scope of work by requiring additional services beyond those services referred in the Project; and
WHEREAS, City and Consultant entered into Second Amendment, dated December 10, 2019, to increase the scope of work by requiring additional services beyond those services referenced in the Project; and
WHEREAS, City and Consultant entered into Third Amendment, dated January 1, 2020, to increase the scope of work by requiring additional services beyond those services referenced in the Project; and
WHEREAS, City and Consultant entered into Fourth Amendment, dated December 10, 2020, to increase the scope of work by requiring additional services beyond those services referenced in the Project; and
WHEREAS, City and Consultant entered into Fifth Amendment, dated May 13, 2021, to increase the scope of work by requiring additional services beyond those services refenced in the Project and to increase the total compensation for satisfactory performance; and
WHEREAS, City and Consultant entered into Sixth Amendment, dated October 13, 2022, to extend the contract performance period and to increase the total compensation for satisfactory performance; and
WHEREAS, the City and Consultant desire to modify the Agreement to extend the term of Agreement period to December 31, 2024.
AGREEMENT
NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows:
1. The Contract performance period shall be extended to December 31, 2024.
2 2. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the 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 Consultant on November 30, 2018, and amended on November 14, 2019, December 10, 2019, January 1, 2020, December 10, 2020, May 13, 2021, and October 13, 2022, remains in full force and effect.
[Signatures follow on the next page.]
3 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
: __________________________
Georgenne 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
: __________________________
Deputy Date
Ascent Environmental, Inc
A California Corporation
B y :
Name:
Title:
(If corporation or LLC., Board Chair, Pres. or
Vice Pres.)
B y :
Name:
Title:
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
Addresses:
CITY:
City of Fresno
Attention: Nadia Salinas
Project Manager
2600 Fresno Street, Rm. 3065
Fresno, CA 93721
Telephone No: (559) 621-8150
Email: [email protected]
CONSULTANT:
Ascent Environmental Inc
Attention: Sydney B. Coatsworth
Principal
455 Capitol Mall, Suite 300
Sacramento, CA 95814
Telephone No: (916) 930-3185
Email: [email protected]
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