AMENDMENT NO. 1 TO CLEAN CALIFORNIA MAINTENANCE AGREEMENT
WITH CITY OF FULLERTON
This AMENDMENT NO. 1 to the Clean California Maintenance Agreement identified below (AMENDMENT), entered into and effective on ______________________, 2024, is between the State of California, acting by and through its Department of Transportation, referred to herein as “STATE”, and the City of Fullerton, hereinafter referred to as “CITY.” RECITALS:
STATE and CITY, collectively referred to herein as “PARTIES”, entered into an agreement on July 11, 2023, entitled “Clean California Maintenance Agreement with City of Fullerton” (AGREEMENT). AGREEMENT defined the terms and conditions applicable to CITY’s maintenance responsibilities within the State’s right of way.
Article no. 24 titled “Term of Agreement” in the AGREEMENT states that the AGREEMENT shall expire on June 30, 2024, unless terminated or amended. PARTIES desire to amend this AGREEMENT to extend the expiration date from June 30, 2024, to June 30, 2025. By extending the duration of this AGREEMENT by twelve months, PARTIES agree that there will not be any additional funding available to allocate for the said operations under this AGREEMENT. This AGREEMENT is extended to June 30, 2025, to provide an opportunity for the PATIES to expend the approved encumbered but not expended portion of the money for the operations under this AGREEMENT.
The following table indicates the amount of money available to expend for the maintenance operations under this AGREEMENT through June 30, 2025.
Route No.
Existing Authorized Total Expenditure
Expended Amount Through April 1, 2024
Balance Amount Available through June 30, 2025
5, 57, 90, 91
$210,500
$63,464.19
$147,035.81
The purpose of this AMENDMENT is to extend the duration of this AGREEMENT from June 30, 2024, to June 30, 2025, for performing maintenance operations under this AGREEMENT without any additional funding but utilize the unexpended funds from the funds encumbered for the duration of this AGREEMENT.
STATE and CITY desire to amend AGREEMENT as provided herein.
IT IS THEREFORE MUTUALLY AGREED:
Article 24 of the AGREEMENT is hereby replaced to read as follows:
Term of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT and shall expire on June 30, 2025, unless terminated or amended.
All other terms and conditions of AGREEMENT shall remain in full force and effect.
This AMENDMENT NO. 1 is deemed to be part of AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to be duly executed and delivered as of the above date.
THE CITY OF FULLERTON
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Nicholas Dunlap
Mayor
By: ___________________________
Deputy District Director of Operations & Maintenance
District 12
ATTEST:
By: ___________________________
Lucinda Williams
City Clerk
APPROVED AS TO FORM:
By: __________________________
Baron Bettenhausen
Attorney
1 Amendment No. 1 to CCMA with the City of Fullerton