1 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Second Amendment) made and entered into as of this 23rd day of May 2024, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and the Regents of the University of California, a California Constitutional Corporation, on behalf of its Merced campus (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated April 28, 2022, for professional research services (Agreement); and
WHEREAS, City and Consultant entered into a First Amendment dated December 29, 2023, to extend the agreement an additional 181 days, to June 30, 2024; and
WHEREAS, Consultant has completed a portion of the Agreement; and
WHEREAS, City and Consultant now desire to extend the Agreement an additional three months to September 30, 2024; and
WHEREAS, with entry into this Second Amendment to Agreement, the Consultant agrees it has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The recitals to this Second Amendment are incorporated and made a part of the Agreement.
2. City shall extend the agreement by adding three months, allowing additional time to complete the project no later than September 30, 2024.
3. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Second Amendment is not modified from the original agreement.
4. In the event of any conflict between the body of this Second Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Second 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 Second Amendment, shall be null and void.
5. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated April 28, 2022, and amended on December 29, 2023, remains in full force and effect.
[Signatures follow on the next page.]
2 IN WITNESS WHEREOF, the parties have executed this Second Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO, University of California, Merced,
a California municipal corporation a California Constitutional Corporation
By: By: ____________________________
Scott Mozier, PE
Director Name: _________________________
Public Works Department
Title: ___________________________
(If corporation or LLC, Board Chair, Pres.
or Vice Pres.)
ATTEST:
TODD STERMER, CMC By: ____________________________
City Clerk
Name: _________________________
B y :
Deputy Date Title: __________________________
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
APPROVED AS TO FORM: REVIEWED BY:
ANDREW JANZ
City Attorney
Jill Gormley, TE
B y : A s s i s t a n t D i r e c t o r
Jennifer M. Wharton Date Public Works Department Deputy City Attorney
Addresses:
CITY: CONSULTANT:
City of Fresno University of California, Merced
Attention: Andreina Aguilar, Attention: Sandie Ha,
Chief Engineering Technician Assistant Professor, Public Health 2600 Fresno Street 5200 Lake Road
Fresno, CA 93721 Merced, CA 95343
Phone: (559) 621-8674 Phone: (209) 228-3615