HomeMy WebLinkAboutJP Marketing (Two Q, Inc)- First Amendment to Agreement - 06.30.23DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311
FIRST AMENDMENT TO AGREEMENT
THIS FIRS AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this Sat day of june 2023, amends the Agreement entered into
between the CITY OF FRESNO, a California municipal corporation (City), and TWO Q,
INC. dba JP MARKETING, a California Corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement for Professional Public
Information Services for the Department of Public Utilities (Agreement), dated
January 22, 2022; and
WHEREAS, pursuant to the terms of the Agreement, the Purchasing Manager
authorized two one-year extensions which expired on January 22, 2022, and January 23,
2023, respectively; and
WHEREAS, the Agreement authorizes the Purchasing Manager, upon expiration
of the final one-year extension term, to grant an extension of no more than twelve months
to allow for the uninterrupted performance for services under the agreement; and
WHEREAS, at the Department of Public Utilities' (DPU) request, the Purchasing
Manager approved an interim contract extension, extending the term of the Agreement to
October 22, 2023, for the purpose of providing continuity of services; and
WHEREAS, DPU requires continued services from Consultant, beyond the
remaining allowable term of the interim extension, including support in completing tasks
related to the Proposition 218 rate process; and
WHEREAS, all funding approved under the Agreement has been expended; and
WHEREAS, the City and Contractor would like to amend the agreement to extend
the term and to increase the compensation allowed under the contract by $808,698 to
fund continuity of services under the contract extension.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows:
1. The recitals set forth above are incorporated herein by reference and made
part of this First Amendment.
2. The Term of the Agreement shall be extended to June 30, 2024.
3. Contactor shall perform the tasks identified in Exhibit A.
4. Contractor's compensation for the performance of the tasks identified in
Exhibit A shall not exceed $808,698, as reflected in Exhibit A.
5. In the event of any conflict between the body of this Amendment and any
exhibit or attachment hereto, the terms and conditions of the body of this Amendment
shall control and take precedence over the terms and conditions expressed within the
exhibit or attachment. Further any terms or conditions contained within any exhibit or
attachment hereto which purport to modify the allocation of risk between the parties,
provided for the within the body of this Amendment, shall be null and void.
DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311
6. Except as otherwise provided herein, the Agreement entered into by City
and Consultant, dated January 22, 2018, remains in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO
a m �pAt CWporation
By: �� r� 6/29/2023
Brock D. Buche, Director
Department of Public Utilities
APPROVED AS TO FORM:
ANDREWJANZ
City Atjtornyeby.
ocuS
J6(� �V-��6/6/2023
By:
Jenne er` 7buintaniIIa Date
Senior Deputy City Attorney
ATTEST:
TODD SIT, ERMER, CMC
City }.EWSipned by:
l tKA At, q6W 6/30/2023
By: 5- -
Deputy Date
Tina M. Your
Attachments:
Exhibit A — Scope of Work & Cost Proposal
2
TWO Q, INC. dba JP MARKETING,
a C la
oration
By:o,.
Name: pane olvera
Title: President
(if corporation or LLC, Board Chair, Pres-
�t=,spja ,pr Vice Pres.)
By: bUitA Q.ln MA-lA.d 6/5/2023
Name: Jenna Antonino
Title: CFO/ secretary
(if corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)