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.]
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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)