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24-1297 Attachment I - Second Amendment to the District Reimbursement Agreement

Fresno City Council
September 26, 2024

Document
24-1297 Attachment I - Second Amendment to the District Reimbursement Agreement
Meeting
September 26, 2024
Body
Fresno City Council
Original file
115 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.

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28 SJVUAPCD
1990 E. Gettysburg
Fresno, CA 93726
(559) 230-6000
AMENDMENT NO. 2 TO AGREEMENT NO. G-132742

BETWEEN

SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT AND

CITY OF FRESNO, PUBLIC WORKS
This Second Amendment is made and entered into this 26th day of September , 2024 , by and between the SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT, a unified air pollution control district formed pursuant to California Health and Safety Code section 40150 et seq. (District), and City of Fresno, Public Works, a municipal corporation (City).

RECITALS
WHEREAS, on June 27, 2022, the parties entered into Agreement No. G-132742 for the Truck Re-Route Study and Health Assessment for the City of Fresno; and WHEREAS, on April 1, 2024, the parties entered into a First Amendment to the Agreement by adding six months, allowing additional time to finalize work by September 30, 2024 at no additional cost; and
WHEREAS, the parties now wish to enter into a Second Amendment to the Agreement by adding three months, allowing additional time to finalize work by December 31, 2024 at no additional cost.

AGREEMENT
NOW, THEREFORE, in consideration of their mutual promises, the parties agree to amend said Agreement as follows:

1. The term of the Agreement shall be extended to December 31, 2024. No additional contract extensions shall be granted without prior written approval.

2. District’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Second Amendment is not modified from the original agreement.

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3. In the event of any conflict between the body of this Second Amendment and the Agreement, all remaining terms, provisions, covenants, conditions, and promises contained in said Agreement No. G -132742 shall remain in full force and effect.

IN WITNESS WHEREOF , the parties hereto have caused this Second Amendment to be executed as of the day and year first hereinabove written.

PARTICIPANT DISTRICT
City of Fresno, Public Works

By:____________________________
Scott Mozier, PE, TE
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
San Joaquin Valley Unified Air
Pollution Control District

By:____________________________
Vito Chiesa
Governing Board Chair

Recommended for Approval:

San Joaquin Valley Unified Air Pollution
Control District

By:____________________________
Samir Sheikh
Executive Director/APCO

Approved as to legal form:

San Joaquin Valley Unified Air Pollution
Control District

By:_____________________________
Annette A. Ballatore
District Counsel

Approved as to accounting form:

San Joaquin Valley Unified Air Pollution
Control District

By:_____________________________
Ryan Buchanan
Director of Administrative Services

For accounting use only:

Program:____________________
Acct. No.:___________________

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