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24-566 Exhibit A: First Amendment to Consultant Agreement

Fresno City Council
May 2, 2024

Document
24-566 Exhibit A: First Amendment to Consultant Agreement
Meeting
May 2, 2024
Body
Fresno City Council
Original file
224 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

Exhibit “A”
First Amendment to Consultant Services Agreement
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FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT

THIS FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT (Amendment), is made and entered into as of this day of , 2024, amends the Agreement by and between the CITY OF FRESNO, a California municipal corporation (City), and SWCA Incorporated, dba SWCA Environmental Consultants, an Arizona corporation (Consultant). City and Consultant are collectively referred to as Parties.

RECITALS

WHEREAS, the City and Consultant entered into an Agreement for Environmental Consultant Services dated August 11, 2022 (Agreement), for professional services in relation to on -demand environmental assessment services for City community development and housing projects; and
WHEREAS, the Term of the Agreement is set to expire on July 1, 2024; and WHEREAS, the Parties desire to extend the Agreement twelve months, thereby extending the Term of the Agreement for services to July 1, 2025; and WHEREAS, the Consultant’s initial compensation for services is a total fee not to exceed $250,000.00 in the Agreement will not be modified and remain in effect.

AGREEMENT
NOW THEREFORE, in consideration of the above recitals, the Parties now agree that the aforesaid Agreement be amended as follows:

1. The term of the Agreement set forth in Section 2, “Term of Agreement and Time for Performance,” is hereby extended twelve months to July 1, 2025.

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. In the event of any conflict between the Agreement and this First Amendment, this Amendment shall control.

3. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated August 11, 2022, remains in full force and effect.

[SIGNATURE PAGE TO FOLLOW]
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__________________
enis Henry
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: 04/16/24
Sukhman S. Sekhon Date
Deputy City Attorney

ATTEST:

TODD STERMER, CMC
City Clerk

By:

Deputy Date

Addresses:

CITY:

City of Fresno
Attention: Karen Jenks
Housing Manager
2600 Fresno Street, Room 3065
Fresno, CA 93721
Phone: (559) 621-8507
Email: [email protected]
SWCA Environmental Consultants,
an Arizona corporation

By:

Laura Moran
Vice President, Northern California &
Central Coast

By: _
D
CFO

CONSULTANT:

SWCA Environmental Consultants
Attention: Jacqueline Markley
Project Manager
4111 Broad Street, Suite 210
San Luis Obispo, CA 93401
Phone: (916) 234-5522
Email: [email protected]

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