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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)