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HomeMy WebLinkAboutDe Novo Planning Group - Third Amendment to Consultant Agreement - 06.17.23DocuSign Envelope ID: 025142AO-F185-48BE-9AF2-C1F77D344CC9 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the 17th day of June 2023, between the City of Fresno, a California municipal corporation (City), and De Novo Planning Group, a California corporation (Consultant). RECITALS WHEREAS, the City and the Consultant entered into an agreement on March 5, 2019, (Agreement) to provide professional planning services for the West Area Neighborhoods Specific Plan (formerly known as the Specific Plan of the West Area) Environmental Impact Report and Infrastructure Financing Plan Project; and WHEREAS, City and Consultant entered into First Amendment, dated January 9, 2021; and WHEREAS, City and Consultant entered into Second Amendment, dated December 9, 2021; and WHEREAS, City and Consultant desire to increase the scope of work by requiring additional services beyond those services referred in the Project, increasing Consultant's total compensation for satisfactory performance of all service required or rendered pursuant to this Amendment to $214,353.70 and to extend the contract term to December 31, 2024. AGREEMENT NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows: The Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total fee of $214,353.70 for a total contract value of $643,959.70. 2. The term of the Agreement shall be extended to December 31, 2024. 3. 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. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Amendment, shall be null and void. 4. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on March 5, 2019, and amended on January 9, 2021, and December 9, 2021, remains in full force and effect. DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A California municipal c rporation By: GE GEANNE A. WHITE, City Manager APPROVED AS TO FORM: ANDRE.,W JANZ Cat tlrir9,YR,,'Y by: B �+i dU� I�I�l.V1 �1GUA,_ VA/,1`3n; 2 0 2 3 �'�" Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk Addresses: CITY: City of Fresno Attention: Nadia Salinas Project Manager 2600 Fresno Street, Rm. 3065 Fresno, CA 93721 Telephone No: (559) 621-8150 Email: Nadia.Salinas@fresno.gov Attachments: Exhibit A — Scope of Work De Novo Planning Group A California Corporation DocuSigned by: S 8/9/2023 Steve McMurtry Name: Title: Principal, CFO (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Doc uSig ned by: Kf&, 8/9/2023 By: Ben Ritchie Name: Title: Principal/CEO (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) CONSULTANT: De Novo Planning Group Attention: Steve McMurty Principal 1020 Suncast Lane, Suite 106 El Dorado Hills, CA 95762 Telephone No: (916) 580-9818 3