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HomeMy WebLinkAboutBank of America, N.A. - 1st Amdt. Agrmnt. - 1-13-2023L/UUU,Dl I IF-] IVCIUpt: IL/. '4000UC I:1-UUDD-4C I D-000O- IUC ILUJCIJDL'# FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 13th day of January entered into between the CITY OF FRESNO, s OF AMERICA, N.A., with offices located at 100 (Bank). 2023, amends the Agreement heretofore municipal corporation (City), and BANK North Tyron Street, Charlotte, NC 29255 RECITALS WHEREAS, City and Bank entered into an Agreement, dated July 1, 2018, for banking services, (Agreement); and WHEREAS City and Bank now desire to amend provision 3(c) under Compensation to allow for amendments to the Services that are not included in the scope of services (Exhibit D), but are necessary for City business operations. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. Section 3. Compensation (c) Bank may not add or delete a service, unless it obtains a prior written request and written consent by City. Notwithstanding the forgoing, the Bank may change, add, or delete any of the terms and conditions (Exhibit D) applicable to any or all Services upon 30 days prior notice to the City in writing or by electronic means. The City's continued use of or failure to terminate any Service, after the effective date of the change, will indicate the City's agreement to the change. The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an agreed upon increase or decrease in Bank's compensation. Any increase or change in the scope of services must be made by written consent signed by an authorized representative for each party. Bank shall not be entitled to any additional compensation if work is performed prior to a signed written consent. effect. 2. Except as otherwise provided herein, the Agreement remains in full force and [Signatures follow on the next page.] LIUUU01yi I CI IVU[Upt: IU. 1+V000C I:J-UyOD-4C I D-OJJO- IUr- IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation aocuSlgned by: By: Gla�,..�,,. Georgeanne A. White City Manager APPROVED AS TO FORM: ANDREW JANZ City Attdo� neSlged by: By: [Br mukw bw ajroan. G tollet Date Supervising Deputy City Attorney ATTEST: TODDppSTERMER, CMC City igrhSigned by: By: 116.A. Nl , q6w Date Deputy 2 BANK OF AMERICA N.A. A national hnnkinn nccnciation M Name: Angela L. Hershey Title: SVP. Sr. Client Manager (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Name: Title: (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary)