HomeMy WebLinkAboutEffective 9.14.23 Friant Ranch First Ammendment to the Consultant Agreement.pdf 1 FIRST AMENDMENT TO THE CONSULTANT AGREEMENT
2 Ascent Environmental
3 This first Amendment to the Consultant Agreement (First Amendment) is dated
4 (Effective Date) and is between Ascent Environmental, Inc., a
5 California Corporation (Consultant), and the County of Fresno, a political subdivision of the
6 State of California (County). County and Consultant may be referred to individually as a "Party,"
7 or collectively as "Parties," in this Agreement.
8 RECITALS
9 A. County and Consultant entered into the Consultant Agreement (Agreement) dated the
10 November 2, 2020, under which the Consultant was to prepare an Environmental Impact Report
11 (EIR) for County for a proposal by the Friant Ranch L.P. (Applicant).
12 B. Consultant and County desire to the change in the scope of services and budget
13 allocations for Contract Deliverables for Applicant, pursuant to the previously entered
14 Agreement to prepare an EIR, and this modification is to reflect the direction given to Consultant
15 by County.
16 C. Consultant and County desire to amend text in the Agreement as a result of the change
17 in the scope of services and budget allocations for Contract Deliverables.
18 D. Consultant understands that this First Amendment will address or augment the basic
19 fee, pursuant to the Agreement, that the County shall pay the Consultant for all services
20 performed by Consultant.
21 E. Consultant understands that Applicant and County will adopt a first amendment to the
22 Applicant Agreement on the same date as this First Amendment to reflect the change in the
23 scope of services and budget allocations for Contract Deliverables.
24 AMENDMENTS TO THE AGREEMENT
25 Consultant and County agree to amend the Agreement as follows:
26 1. Section 3 (D), subsection (2) of the Agreement located at page 7 line 9 through
27 line 14 is deleted in its entirety and replaced with the following:
28
First Amendment to the Consultant Agreement—Ascent Environmental
Page 1 of 4
I The Extra Services which may be authorized are limited to those subjects set
2 forth in Exhibit C, a copy of which is attached hereto and incorporated herein by
3 reference. The CONSULTANT shall not perform any EXTRA SERVICES without
4 prior written authorization from the Director or the Director's designee. The total
5 charges for all such Extra Services shall not exceed the sum of Sixty-Nine
6 Thousand Sixty-Two dollars and no cents ($69,062.00).
7 2. Duly Authorized. The Consultant represents and warrants to County that:
8 (1) Consultant is duly authorized and empowered to sign and perform its
9 obligations under this First Amendment.
10 (2) The individual signing this First Amendment on behalf of Consultant is
11 duly authorized to do so and his or her signature on this First Amendment
12 legally binds Consultant to the terms of this First Amendment.
13 3. Electronic Signatures. The Parties agree that this First Amendment may be executed
14 by electronic signature as provided in this section.
15 (1) An "electronic signature" means any symbol or process intended by an
16 individual signing this First Amendment to represent their signature,
17 including but not limited to (a) a digital signature; (b) a faxed version of
18 an original handwritten signature; or (c) an electronically scanned and
19 transmitted (for example by PDF document) version of an original
20 handwritten signature.
21 (2) Each electronic signature affixed or attached to this First Amendment(a)
22 is deemed equivalent to a valid original handwritten signature of the
23 person signing this First Amendment for all purposes, including but not
24 limited to evidentiary proof in any administrative or judicial proceeding,
25 and (b) has the same force and effect as the valid original handwritten
26 signature of that person.
27
28
First Amendment to the Consultant Agreement—Ascent Environmental
Page 2 of 4
1 (3) The provisions of this section satisfy the requirements of Civil Code
2 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
3 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
4 (4) Each Party using a digital signature represents that it has undertaken and
5 satisfied the requirements of Government Code section 16.5, subdivision
6 (a), paragraphs (1) through (5), and agrees that each other Party may
7 rely upon that representation.
8 (5) This First Amendment is not conditioned upon the Parties conducting the
9 transactions under it by electronic means and either Party may sign this
10 First Amendment with an original handwritten signature.
11 4. Counterparts. This First Amendment may be signed in counterparts, each of which is
12 an original, and all of which together constitute this First Amendment.
13 5. Provisions in Full Force. The Agreement as amended by this First Amendment is
14 ratified and continued. All provisions of the Agreement and not amended by this First
15 Amendment remain in full force and effect.
16 [Signature page follows.]
17
18
19
20
21
22
23
24
25
26
27
28
First Amendment to the Consultant Agreement—Ascent Environmental
Page 3 of 4
1 In witness whereof, the Parties are signing this Agreement as of the Effective Date.
2
3 CONSULTANT: COUNTY OF F NO:
4 kv411
5 BY: Gay'ak°b5(Aug B,2023 15:11 PDT) BY:
GARY JAKOBS, CEO STEVEN E. WH17FE PE, PLS
6 ASCENT ENVIRONMENTAL, INC. DIRECTOR
DEPARTMENT OF PUBLIC WORKS
7 AND PLANNING
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
First Amendment to the Consultant Agreement—Ascent Environmental
Page 4 of 4