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HomeMy WebLinkAboutUniversity of Chicago - Water Usage Patterns - 4th Amdt. - 20201 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT (Fourth Amendment) made and entered into as of this day of 2020, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and The University of Chicago, an institute of higher learning located in Illinois (Recipient). RECITALS WHEREAS, City and Recipient entered into an agreement dated January 13, 2016, for City to provide data to Recipient for the purpose of gaining insight into its water customers’ water usage patterns (Agreement); and WHEREAS, City and Recipient entered into a First Amendment to the Agreement on June 6, 2017, to increase the scope of services Recipient would perform pursuant to the Agreement; and WHEREAS, City and Recipient entered into a Second Amendment to the Agreement on March 26, 2018, to grant Recipient access to specific water meter data and extend the term of the Agreement; and WHEREAS, City and the Recipient entered into a Third Amendment to the Agreement on June 28, 2018, to include Recipient hiring temporary employees to work alongside City’s Water Conservation staff for the duration of the Pilot Program (approved by City Council on May 17, 2018), from approximately July 1, 2018 – September 30, 2018; WHEREAS, City and Recipient now desire to modify the Agreement by expanding the timeline for performance, as set forth below. AMENDMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein, and for good and valuable consideration hereby acknowledged, the Parties hereby agree that the aforesaid Agreement is amended as follows: 1. This Amendment shall become part of and subject to the terms and conditions of the Agreement, which except as modified herein, remains unchanged and in full force and effect. 2. Section 2 of the Agreement shall be amended to extend the term of the Agreement to 12/31/2021 as follows: This Agreement shall be effective from the date first set forth above (Effective Date), and shall continue in full force and effect through 12/31/2021, subject to any earlier termination in accordance with this Agreement 3. Should any term or condition expressly set forth in this Amendment conflict with the terms and conditions of the Agreement, the terms and conditions expressly set forth in this Amendment will prevail. 4. By signing below, the undersigned certify that they have read and understand, and agree to be legally bound by, this Fourth Amendment. DocuSign Envelope ID: 97C37599-FECB-4851-8E42-8A6AD0978C42 24th December 2 IN WITNESS WHEREOF, the parties have executed this Fourth Amendment, the day and year first above written. DISCLOSING PARTY: RECEIVING PARTY: CITY OF FRESNO THE UNIVERSITY OF CHICAGO, a California municipal corporation an Illinois non-profit organization By: By: Michael Carbajal Michael R. Ludwig Utilities Director of Public Utilities Associate V.P. of Research Admin Department of Public APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Jennifer M. Quintanilla Date Deputy City Attorney ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Date Deputy Addresses: CITY: City of Fresno Attention: Cheryl Burns Department of Public Utilities 2600 Fresno Street, Room 4019 Fresno, CA 93721 Phone: (559) 621-8628 RECEIVING PARTY: The University of Chicago Attention: University Research Administration 6054 South Drexel Avenue, Suite 300 Chicago, IL 60637 Phone: (773) 702-2925 DocuSign Envelope ID: 97C37599-FECB-4851-8E42-8A6AD0978C42 12/23/2020 12/24/2020 12/24/2020 12/24/2020 Marco Martinez DocuSign Envelope ID: 97C37599-FECB-4851-8E42-8A6AD0978C42 @Eiii'6XA5i June 1(r,2021) To: Frorn: RFI: Signarure Autl.roriq, el-l Yclr irrer hcreby cleleg.rtecl alrthoritv to srgl thc fbllorving types of colrtracts: o Nl colltract an'ienct'r'rcrr.rts trcl lv<trk orclcrs pursuant to lv-lasterl Agreemer.rts up to $StltlK per 116'111 I,or such proposals ancl invarcls, the .\ss<tcizrtc: Vice Pre:sicler.rt fbr Reseirrch .t\dn'rinistrittion/Director UniversitJ of the srgner rvitl-r a starnp afflxecl that re2lcls "Nfu\,lE OF Sl (l N l-,lll acting or-r behalf of N4ichaol R. Luclwig ' \\ihcn particular projects involr.er (r) non-stzurdarcl clelays or restrictions on thc ability of thc Ur-rir.ersiry trt publish, (b) ruon-st'anclarcl intellectu'al properrv terms rvl.rich Eya11t ()wllership or licenscr to Unir.er:sit),-createcl IP, (c) orr brrhrrl['clf rltc Urtir r,rsitV. I,-u rther cor-rc'lition s : o These clelegations rlre to vor.r personally and are not to be furthc:r clesignatecl or transf-erred withcrut my zrpprovirl. . 'I'l-ris clele:girtior-r is in-imecliately rerrokecl rr,rhen you learre tl-re Grants & Contracts N4anagcr, Contracting Specralist position rvitl.r the Ur-rivcrsiq, Research r\clninistration (UllA). . 'I'he e xercise of this clelcgirtion shall be consistent rvith 'al1 University of Chicagr; policy. l lli'rrersiT Research Achuinistrrtiorr Ollice of Research and Natiolal l,aborrttories LTniversiry o1 Chica-gc> 6054 S. Drexei Avenue, Suite 300 Chicago, 71.60637 Office of Research and National Laboratories Specialist, University Research Administrztion I University Research Administration I{aq Jones Grar-rts & Cor-rtrzrcts A'lichael R. Luctvig Telephone:773.702.8604|;Fax:773.7A2.21421 E-Mail:mrludwig@uchicago.edu l Web:http://ura.uchicago.edu DocuSign Envelope ID: 97C37599-FECB-4851-8E42-8A6AD0978C42