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Att 5 - Proposed Third Amendment to Agreement with Butterfli

San Clemente City Council
June 18, 2024

Document
Att 5 - Proposed Third Amendment to Agreement with Butterfli
Meeting
June 18, 2024
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San Clemente City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

THIRD AMENDMENT TO
Rideshare Beta Test Program Agreement
This Third Amendment to Rideshare Beta Test Program Agreement (this “Third Amendment”) is made and entered into on this ___ day of June, 2024, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and BUTTERFLI TECHNOLOGIES, INC., a California corporation (“Consultant”).

R E C I T A L S:

City and Consultant entered into that certain Professional Consultant Services Agreement for Rideshare Beta Test Program Agreement (the “Original Agreement”) on March 19, 2018.

City and Consultant entered into that certain First Amendment to the Professional Consultant Services Agreement for Rideshare Beta Test Program Agreement (“First Amendment”) on July 1, 2019.

City and Consultant entered into that certain Second Amendment to Professional Consultant Services Agreement for Rideshare Beta Test Program Agreement (“Second Amendment”) on June 30, 2023. The Original Agreement, as modified by the First Amendment and the Second Amendment, is hereinafter referred to as the “Agreement”.

City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 5.1(Term) of the Agreement is hereby deleted in its entirety and replaced with the following:

5.1 Term. This Agreement shall commence on March 28, 2018 and continue until June 30, 2025, unless earlier terminated as authorized in Section 7.2 (“Termination”).

This Third Amendment may be executed electronically with the same force and effect as an original ink signature.

Except as expressly amended by this Third Amendment, the remaining portions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 20____
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
BUTTERFLI TECHNOLOGIES, INC., a California corporation (“CONSULTANT”) By:________________________________
(Name, Title)
Dated: ____________________, 20____
By:________________________________
(Name, Title)
Dated: ___________________, 20____

EXHIBIT “A”
ATTACHMENT 5

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