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FIRST AMENDMENT TO
SERVICE CONTRACT
THIS FIRST AMENDMENT TO SERVIC E CONTRACT (Amendment) made and entered into effective ___________, 2025 (Effective Date), amends the Service Agreement entered between the CITY OF FRESNO, a California municipal corporation (City), and ACE PAKING MANAGEMENT, a California Corporation (Contractor).
RECITALS
WHEREAS, the City and Contractor entered into a Service Agreement on January 27, 2021 (Agreement), to provide revenue controls, customer service, and maintenance at the City's portfolio of parking assets, for a total fee of $13,230,332; and WHEREAS, City and Contractor desire to increase the total compensation for satisfactory performance of all service required or rendered pursuant to this Amendment by $3,527,500 to complete the terms of the Contract; and WHEREAS, with entry into this Amendment, the Contractor agrees it has no claim, demand, or dispute against the City and affi rms that it will abide by all obligations contained in the Agreement.
AGREEMENT
NOW, THEREFORE, the parties amend that the Agreement as follows:
1. Contractor’s sole compensation for satisfactory performance of all services required or rendered pursuant to the Agreement is amended and increased by $3,527,500 for a total contract value of $16,757,832.
2. The term of the Agreement remains the same.
3. 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.
4. Except as otherwise provided herein, the Agreement entered into by the City and the Contractor on January 27, 2021, remains in full force and effect.
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IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kelsey A. Seib Date
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Date
Deputy
ACE PARKING MANAGEMENT, a
California 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)