1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 29th day of December 2023, 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 28th of April, 2022, for CONSULTANT SERVICES (Agreement) which is effective in full force until December 31, 2023; and
WHEREAS, Consultant has completed a portion of the Agreement; and WHEREAS, the Consultant Services agreement is set to expire December 31,2023; and
WHEREAS, City and Consultant now desire to extend the agreement an additional 181 days, to June 30, 2024; and
WHEREAS, with entry into this 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 Amendment are incorporated and made a part of the Agreement.
2. City shall extend the agreement by adding six months, allowing additional time to complete the project. The new end date to be June 30, 2024.
3. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment is not modified from the original agreement.
4. 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.
5. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated April 28th, 2022, remains 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 municipal corporation University of California, Merced
By: By: ____________________________
SCOTT MOZIER,
Director Name: _Jue Sun_________________
Public Works Department
Title: _Executive Direction__________
(If corporation or LLC, Board Chair, Pres.
or Vice Pres.)
ATTEST:
TODD STERMER, CMC By: ____________________________
City Clerk
Name: _________________________
B y :
Title: __________________________
Deputy (If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
APPROVED AS TO FORM: REVIEWED BY:
ANDREW JANZ
City Attorney
Scott Tyler, PE
By: Licensed Engineer Manager
Christine C. Charitar Date Public Works Department Deputy City Attorney
Addresses:
CITY: CONSULTANT:
City of Fresno University of California, Merced
Attention: Jill Gormley, City Traffic Attention: Sandie Ha, Assistant Engineer Professor, Public Health
2600 Fresno Street 5200 Lake Road
Fresno, CA 93721-2623 Merced, CA 95343
Telephone No. (559) 621-8800 Phone: (209) 228-3615