HomeMy WebLinkAboutRaimi & Associates, Inc.-Fifth Amendment to Agreement-11-17-2022FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT (Fifth Amendment) made and
entered into as of November 17, 2022, amends the Agreement entered into between the
City of Fresno, a California municipal corporation (City), and Raimi + Associates, Inc., a
California corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an agreement, dated June 22, 2017
for professional services for environmental planning of the Central Southeast Specific
Plan (Agreement); and
WHEREAS, City and Consultant entered into a first amendment,: dated June 30,
2019, to extend the contract term length First Amendment); and
WHEREAS, City and Consultant entered into a second amendment, dated June
30, 2020, to extend the contract term length (Second: Amendment); and
WHEREAS, City and Consultant entered into a third amendment, dated April 22,
2021, to extend the contract term length (Third Amendment); and
WHEREAS, City and Consultant entered into a fourth amendment, dated
December 9, 2021, to increase the scope of work and extend the contract term length
(Fourth Amendment); and
WHEREAS, City and Consultant desire to modify the Agreement to extend the
contract term to June 30, 2p23.
AGREEMENT
NOW, THEREFORE, the parties agree the Agreement be amended as follows:
1. The Term of Agreement and Time for Performance shall be extended to
June 30, 2023,
2. In the event of, any conflict between the body of this Fifth Amendment and
the Agreement, the terms and conditions of the body of this Fifth Amendment shall control
and take precedence over the terms and conditions expressed within the Agreement.
Furthe.r.more, any terms or conditions contained within the Agreement which purport to
modify the allocation of risk between the parties, provided for within the body of this Fifth
Amendment; shall be null and void.
3. Except as otherwise provided herein, the Agreement and the First, Second,
Third, and Fourth Amendments remain in full force and effect.
[Signatures follow on the next page.]
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment at
Fresno, California, on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By: tl—
J n if r K. Clark, AICP
Director, Planning and Development Nam
Department
Title:
RAIMI +ASSOCIATES, INC.,
A California corporation
By:��__r� �
CV 1.117
CEO
(If corporation or LLC., Board Chair,
APPROVED AS TO FORM: Pres. or ice Pres.) { .�
Rina M. Gonzales�,�
Interim City Attorney By:
By: Aa.cz6fz 4 f 11 /17/22 Name. ii bn f ao, �l
Pauline Brickey Date
Deputy City Attorney Title:
(If corporation or LLC., CFO, Treasurer,
ATTEST: Secretary or Assistant Secretary)
TODD STERMER, CMC
City Cler REVIEWED BY:
By: R. V �2' 02,2
b � Jl���Date Dalton . Be net
Addresses:
CITY:
City of Fresno
Attention: Dalton L Bennett
Projects Administrator
2600 Fresno Street, Suite 3065
Fresno, CA 93721
Phone: (559) 621- 8039
Email: Dalton, ben nett@fresno.gov
2
CONSULTANT:
Raimi + Associates
Attention: Matt Raimi,
Principal
2000 Hearst Ave, Suite 400
Berkeley, CA 94709
Phone: 510-200-0520
Email: Matt@raimiassociates.com