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THIRD AMENDMENT TO
AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Third Amendment) made and entered into effective upon execution by both parties 21st of November 2024, between the CITY OF FRESNO, a California municipal corporation (City), and LSA Associates, a California corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement dated October 12, 2021, to provide professional environmental planning and fiscal analysis services for the Vehicle Miles Traveled (VMT) Mitigation Program, (Project); and WHEREAS, City and Consultant entered into a First Amendment, dated December 28, 2022, to extend the contract to June 30, 2023, at no additional cost; and WHEREAS, City and Consultant entered into Second Amendment, dated June 21, 2023, to increase the scope of work by requiring additional services beyond those services referenced in the Project, increasing compensation by $151,595 for a total contract price of $450,255.11; and
WHEREAS, the City and Consultant now desire to enter into this Third Amendment to extend the term of Agreement period to June 30, 2025, at no additional cost; and WHEREAS, with entry into this Third Amendment, the Consultant agrees it has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the aforesaid 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 to June 30, 2025, allowing additional time to complete the project.
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 the City and the Consultant on October 12, 2021, and amended on December 28, 2022, June 21, 2023, 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
: __________________________
Georgenne A. White
City Manager
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
LSA Associates,
Incorporated
B y :
Name:
Title:
(If corporation or LLC., Board Chair, Pres. or
Vice Pres.)
B y :
Name:
Title:
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
Addresses:
CITY:
City of Fresno
Attention: Nadia Salinas
Project Manager
2600 Fresno Street, Rm. 3065
Fresno, CA 93721
Telephone No: (559) 621-8150
Email: [email protected]
CONSULTANT:
LSA Associates, Inc
Attention: Tony Petros
CEO
3210 El Camino Real, Suite 100
Irvine, CA 92602
Phone: (949) 553-0666
Email: [email protected]
Exhibit C
DISCLOSURE OF CONFLICT OF INTEREST
[Project Title]
PROJECT TITLE
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do business with the City of Fresno?
4 Are you or any of your principals, managers or professionals, owners or investors in a busine ss which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno?
5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(name)
(company)
(address)
Additional page(s) attached.
(city state zip)
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