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HomeMy WebLinkAbout326231 AMENDMENT III TO AGREEMENT 2 THIS AMENDMENT, hereinafter referred to as Amendment III, is made and entered into this 3 __ day of ____ , 2016, by and between the COUNTY OF FRESNO, a Political Subdivision 4 ofthe State of California, hereinafter referred to as "COUNTY", and GERALD A. PETERSON, 5 whose address is 326 East Saginaw Way, Fresno, CA 93704, hereinafter referred to as 6 "CONTRACTOR" (collectively the "parties"). 7 WHEREAS the parties entered into that certain Agreement, identified as COUNTY Agreement 8 No. P-12-327-H, effective July 1, 2012, Amendment I to that Agreement, identified as Purchasing 9 Amendment I, effective April21, 2014, and Amendment II to that Agreement, identified as COUNTY 10 Amendment II No. A-14-724, effective December 16,2014, collectively referred to as the 11 "Agreement", whereby CONTRACTOR agreed to provide certain Laboratory Directory services for 12 COUNTY's Department of Public Health; and 13 WHEREAS the parties desire to amend the Agreement regarding changes as stated below and 14 restate the Agreement in its entirety. 15 NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions, 16 hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows: 17 1. That the section of the existing COUNTY Agreement No. P-12-327-H, Amendment I, 18 and Amendment II No. A-14-724, as set forth in the original Agreement at Page Two (2), beginning 19 with Paragraph Two (2), Line Ten (10) with the number "2" and ending on Line Sixteen (16) with the 2 0 word "term" be deleted and the following inserted in its place: 21 "2. TERM 22 This Agreement shall become effective on the 1st day of July, 2012 and shall 23 terminate on the 30th day of June, 2015. This Agreement may be extended by COUNTY for two (2) 24 additional twelve (12) month periods upon the same terms and conditions herein set forth, and subject 2 5 to the following provisions within this Section 2. The extension period will be contingent upon the 2 6 evaluation of CONTRACTOR's performance of services under this Agreement during the then-current 27 period of this Agreement, by COUNTY's DPH Director or his/her designee. If, upon such evaluation, 2 8 COUNTY's DPH Director or his/her designee determines that the then-current term of this Agreement - 1 -COUNTY OF FRESNO Fresno, CA 1 should be extended pursuant to this Section 2, COUNTY's DPH Director or designee may provide a 2 written notice of such extension to CONTRACTOR sixty (60) days prior to the additional twelve (12) 3 month period. Notwithstanding anything to the contrary in this Section 2, either Party may elect not to 4 extend this Agreement if written notice ofnonrenewal is given by either CONTRACTOR or 5 COUNTY's DPH Director or his/her designee, not later than sixty (60) days prior to the expiration of 6 the then-current Agreement term." 7 2. That the section of the existing COUNTY Agreements No. P-12-327-H, Amendment I, 8 and Amendment II No. A-14-724 as set forth in the original Agreement at Page Three (3), beginning 9 with Paragraph Four (4), Line Twenty (20) with the word "In" and ending on Line Twenty One (21) 10 with the word "Agreement" be deleted and the following inserted in its place: 11 "In no event shall services performed under this Agreement be in excess of Two 12 Hundred Forty-Two Thousand Nine Hundred Twenty-Three and Nol100 Dollars ($242,923.00) during 13 the full term of this Agreement" 14 3. Except as otherwise provided in this Amendment III, all other provisions of the 15 Agreement, Amendment I, and Amendment II remain unchanged and in full force and effect. This 16 Amendment III shall become effective upon execution. 17 Ill 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill - 2 -COUNTY OF FRESNO Fresno, CA IN WITNESS WHEREOF, the parties hereto have executed this Amendment III to Agreement as of the day and year first hereinabove written. CONTRACTOR: COUNTY OF FRESNO GERALD A. PETERSON By~.g~.,.d!!!!!!!_,~/:......::~=--..:...L'~ By~~~ ~ ~ ~ ~ Chairman, Board of Supervisors Print Name: C:.AFI"'t~ rr• ~ =~ fD Title: f? At( L.;t~-_.& ,6'//( ... Chainnan of the Board, or President, or any Vice President Date: ------- By ________________ _ Print Name: Title: -------------- -------------------Secretary (of Corporation), or any Assistant Secretary, or Chief Financial Officer, or any Assistant Treasurer Date: --------- Mailing Address: 326 E. Saginaw Way Fresno, CA 93 704 Phone#: (559) 260-4833 - 3 - Date: .Ap.J_ IZ lO 1/;: I BERNICE E. SEIDEL, Clerk Board of Supervisors By ('Dv}.., ~·, ~·4r Date: 11~ 12 1 Let~ PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED COUNTY OF FRESNO Fresno, CA