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THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT
THIS THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT
(Amendment) is effective as of April 8, 2021, and amends the Consultant Services
Agreement, dated March 8, 2020, entered into between the CITY OF FRESNO, a
municipal corporation (City), and HINDERLITER, DE LLAMAS AND ASSOCIATES
(HdL Companies), a California corporation (Consultant).
RECITALS
A. The City and the Consultant entered into a Consultant Services Agreement,
dated March 8, 2020, (Agreement), for professional cannabis and support
services; and
B. The City and the Consultant amended the Agreement to extend the term of
the Agreement until December 31, 2020, (First Amendment) due to mutual
delays by both parties due to the COVID-19 pandemic; and
C. The City and Consultant amended the Agreement to authorize additional
scope of work increasing the Consultant’s compensation to total $71,700 for
additional work for technical support and development of fee structure
(Second Amendment).
D. The City and the Consultant wish to amend the Agreement to extend the term
of the Agreement until December 31, 2021, due to the ongoing application
evaluation process, regulatory framework development, and a second
application window planned for later in the year for commercial cannabis
business permits (non-retail).
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. Term. Section 2 of the Agreement is deleted in its entirety and replaced with the
following:
Term of Agreement and Time for Performance. This Agreement
shall be effective from the date set forth above (Effective Date) and
shall continue in full force and effect through December 31, 2021,
subject to any earlier termination in accordance with this Agreement.
The services of CONSULTANT as described in Exhibit A are to
commence upon the Effective Date and shall be completed in a
sequence assuring expeditious completion, but in any event, all such
services shall be completed prior to expiration of this Agreement and
in accordance with any performance schedule set forth in Exhibit A.
2. Counterparts. This Amendment may be executed in any number of counterparts,
each of which shall be an original, but all of such counterparts shall together
constitute one and the same instrument. Delivery of an executed counterpart of
this First Amendment by facsimile or other electronic means shall be equally
effective as delivery of a manually executed original counterpart of this
Amendment.
DocuSign Envelope ID: 79829CE3-9512-4C74-88F7-0D1001531D44
2
3. Effect of Amendment. Except as expressly provided in this Amendment, all other terms
and provisions of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
set forth above.
CITY OF FRESNO,
a California municipal corporation
By:
Thomas Esqueda
City Manager
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Mary Raterman-Doidge Date
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, MMC
City Clerk
By:
Deputy
HINDERLITER, DE LLAMAS AND
ASSOCIATES,
a California corporation
By:
Name: Andrew Nickerson
Title: President
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name: Richard Park
Title: Chief Financial Officer
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
DocuSign Envelope ID: 79829CE3-9512-4C74-88F7-0D1001531D44