HomeMy WebLinkAboutAgreement A-24-707 - First Amendment to Agreement 17-138 (2).pdf Agreement No. 24-707
24-1368
FIRST AMENDMENT TO AGREEMENT BETWEEN THE FRESNO COUNCIL OF
GOVERNMENTS AND THE COUNTY OF FRESNO FOR OVERALL WORK
PROGRAM PLANNING SERVICES
(County Agreement No. 17-138)
This First Amendment to Agreement Between the Fresno Council of Governments and the
County of Fresno ("First Amendment") amends that certain Agreement Between the Fresno
Council of Governments and the County of Fresno (County Agreement No. 17-138) entered into
April 25, 2017 ("Agreement"), by and between the COUNTY OF FRESNO, a political
subdivision of the State of California ("AGENCY") and the FRESNO COUNCIL OF
GOVERNMENTS, a joint powers Public Agency ("FCOG") acting both as the federally
designated Metropolitan Planning Organization of the urbanized County of Fresno in accordance
with Title 23 of the United States Code ("USC") Section 134 (23 USC §134) and Title 23 Code
of Federal Regulations ("CFR") Section 450.104 (23 CFR §450.104) and as the Regional
Transportation Planning Agency ("RTPA") recognized under California Government Code
Section 29532, which establishes a general transportation planning and programming process
codifying the responsibilities of FCOG and AGENCY. FCOG and AGENCY are each a "Party,"
and collectively are the"Parties"to this First Amendment.
WHEREAS, the Agreement expires December 31, 2024;
WHEREAS, FCOG and AGENCY wish to extend services provided under the
Agreement; and
WHEREAS, an amendment to the Agreement is necessary to extend services.
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First Amendment to County of Fresno OWP Agreement
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NOW THEREFORE, in consideration for their mutual promises, the Parties hereto agree
to amend the April 25, 2017 Agreement as follows:
1. Section 17 TERM shall be deleted in its entirety and replaced with the following:
SECTION 17. TERM
This Agreement shall become effective as of the date of its execution by
the Parties hereto and shall remain in full force and effect through December 31 sc
2031.
2. This First Amendment shall become effective on December 31, 2024 ("Effective Date").
3. Upon the Effective Date, the Agreement and this First Amendment shall together
constitute the Agreement.
4. Unless expressly modified by the terms of this First Amendment, all terms of the
Agreement remain in full force and effect.
5. Each Party represents and warrants to the other Party that such Party is duly authorized
and empowered to execute, enter into, and perform its obligations set forth in this First
Amendment, and that the individual signing this First Amendment on behalf of such
Party has been duly authorized to execute this First Amendment on behalf of such Party,
and will, by signing this First Amendment on such Party's behalf, legally bind such Party
to the terms, covenants, and conditions of this First Amendment. Each Party further
represents and warrants to the other Party that no other person or entity is required to give
its approval or consent to this First Amendment in order for such Party to authorize, enter
into, and perform its obligations under this First Amendment, or that if such approval or
consent to this First Amendment is required, that such approval or consent has been
obtained.
First Amendment to County of Fresno OWP Agreement
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of Effective Date.
FRESNO COUNCIL O OVERNMENTS, COUNTY OF FRESNO, a political
a joinZRTPHIPPS,
lic e,ncy subdivision of the State of California
By:_ ' By:
RO Executive Director
Nathan Magsig
Chairman of the Board of Supervisors
of the County of Fresno
APPROVED AS TO LEGAL FORM ON
BEHALF OF THE FCOG: ATTEST
BERNICE E. SEIDEL
E-Signed by Clerk of the Board of Supervisors
Bryan Rome
By: {ytZ Nov. 19 2024 County of Fresno, State of California
BRYA . ROME, Deputy County Counsel
(Pursuant to Contlict Waiver) By:
Deputy Date
FOR ACCOUNTING USE ONLY:
Fund: 0010
Subclass; 11000
Org. No.: 4510
Account: 4910
First Amendment to County of Fresno OWP Agreement
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