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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Third Amendment) made and entered into as of this 26th day of September 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 on December 29, 2023 to extend the agreement an additional 181 days to June 30, 2024; and WHEREAS, City and Consultant entered into a Second Amendment on May 23, 2024 to extend the agreement an additional three months to September 30, 2024; and WHEREAS, City and Consultant now desire to extend the agreement an additional 92 days, to December 31, 2024, to ensure completion of services; and WHEREAS, with entry into this Third 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 Third Amendment are incorporated and made a part of the Agreement.
2. City shall extend the agreement by adding 91 calendar days, allowing additional time to complete the project no later than December 31, 2024.
3. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Third Amendment is not modified from the original agreement and subsequent amendments.
4. In the event of any conflict between the body of this Third Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Third 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 Third Amendment, shall be null and void.
5. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated April 28, 2022, amended on December 29, 2023 and May 23, 2024 remains in full force and effect.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the parties have executed this Third Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Scott Mozier, PE
Director
Public Works Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Wharton Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
University of California, Merced, a
California Constitutional 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)
REVIEWED BY:
Jill Gormley, TE
Assistant Director
Public Works Department
Addresses:
C I T Y : C O N S U L T A N T :
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 93721-2623 Merced, CA 95343
Phone: (559) 621-8674 Phone: (209) 228-3615