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Home My WebLink About306401 2 SECOND AMENDMENT TO AGREEMENT 3 This Second Amendment to Agreement ("Second Amendment") is made and entered 4 into this 5-fh day of March, 2019 ("Effective Date"), by and between the County of Fresno, a 5 political subdivision of the State of California, ("COUNTY"), and each of those providers who are 6 signatories to this Agreement, and listed in Attachment "A," and individually and collectively 7 hereinafter referred to as "CONTRACTORS," and such additional CONTRACTORS as may, 8 from time to time during the term of this Agreement, be added by COUNTY. 9 W I T N E S S E T H: 10 WHEREAS, COUNTY and CONTRACTORS entered into Agreement Number 17-556, 11 effective October 31, 2017 (the "Agreement"), pursuant to which multiple vehicle wash 12 CONTRACTORS agreed to provide vehicle wash services for COUNTY vehicles in accordance 13 with the terms and conditions established in that Agreement; and 14 WHEREAS, Section 1 of the Agreement provides that COUNTY's Director of Internal 15 Services/Chief Information Officer (CIO) reserves the right to add new CONTRACTORS to 16 "Attachment A" at any time during the term of the Agreement; 17 WHEREAS, COUNTY and CONTRACTORS entered into the FIRST AMENDMENT, 18 dated November 15th, 2017 ("First Amendment"), adding Red Carpet Cash Wash to the 19 Agreement, which shall be referred to hereafter as the "Agreement, as amended "; and 20 WHEREAS, DNCS Fleetwash, the only mobile vehicle wash CONTRACTOR currently a 21 signatory to the Agreement, as amended, has discontinued its business operations; and 22 WHEREAS, Valley Fleet Clean, located at P.O. Box 9854, Fresno, CA, 93794 23 ("CONTRACTOR") offers mobile vehicle washing services and desires to be added to this 24 Agreement, as amended; and 25 WHEREAS, the COUNTY again wishes to amend the Agreement, as amended, to 26 remove DNCS Fleetwash from the listed CONTRACTORS, and to add Valley Fleet Clean as a 27 CONTRACTOR, to offer mobile vehicle wash services pursuant to the Agreement; and 28 -1- -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, in light of the foregoing, COUNTY, CONTRACTORS, and Valley Fleet Clean now wish to enter into this Second Amendment to the Agreement, as amended. NOW, THEREFORE, upon execution of this Second Amendment, the COUNTY agrees that the Agreement, as amended, and Attachment “A” to the Agreement, as amended, shall be further revised, updated and amended to add Valley Fleet Clean as a CONTRACTOR hereunder, and that DNCS Fleetwash shall be removed from the listed CONTRACTORS. CONTRACTOR hereby agrees to all terms of the Agreement, as amended, and agrees to be bound by the terms of the Agreement, as amended. CONTRACTOR hereby acknowledges that it has received a complete copy of the Agreement, as amended. A copy of Attachment “A,” as amended to include Valley Fleet Clean as a CONTRACTOR, remove DNCS Fleetwash as a CONTRACTOR, and the signature page executed by CONTRACTOR, are attached and incorporated by this reference. “Attachment B,” which is attached and incorporated by this reference, is hereby added to the Agreement, as amended, and all scheduled mobile vehicle wash appointments between the COUNTY and CONTRACTOR shall follow the Schedule of Pricing and Services, as described in Attachment “B”. Pursuant to Section 1 of the Agreement, Attachment “A” to the Agreement, as amended, is hereby revised, and this Section Amendment is hereby executed by the COUNTY without notice to or approval of any of the other CONTRACTORS to the Agreement, as amended. COUNTY and CONTRACTORS agree this Second Amendment is sufficient to amend the Agreement, and that upon execution of the Second Amendment, the Agreement, the First Amendment, and this Second Amendment shall together be considered the Agreement. The Agreement, as Amended, is ratified and continued. All provisions, terms, covenants, conditions and promises contained in the Agreement, as amended, and not amended herein shall remain in full force and effect. By executing this signature page, CONTRACTOR becomes a signatory to the Master Agreement, dated October 31, 2017, and agrees that it is a party to the Agreement with the COUNTY and is bound by its terms. 1 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of 2 the day and year first hereinabove written. 3 4 CONTRACTOR 5 6 See attached signature page 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 FOR ACCOUNTING USE ONLY : 22 ORG No .: 891 O; 3111 Account No .: 1000 ; 7205 23 24 25 26 27 28 COUNTY OF FRESNO REVIEWED & RECOMMENDED FOR APPROVAL: Robert w. Bash , Director of Internal Services/ Chief Information Officer DATE: 3/5/Zol j APPROVED AS TO LEGAL FORM : Daniel C. Cederborg, County Counsel By: Deputy County Counsel APPROVED AS TO ACCOUNTING FORM: By: Oscar J . Garcia, Tax Collector -3- 1 ATTACHMENT A LISTING OF VENDORS AND SIGNATURE PAGES ATTACHED TO THIS AGREEMENT Belmont Car Wash Serge Haitayan, Owner 469 N. Clovis Ave. Telephone: (559) 251-6082 Fresno, CA 93727 FAX: (559) 251-5029 Email: serge@belmontcarwash.net Great American Car Wash AJ Rassamni, President 3854 N Blackstone Ave. Telephone: (559) 222-1818 Fresno, CA 93726 FAX: (559) 222-1813 Email: info@carwashfresno.com Valley Fleet Clean Kyle Mason, President PO Box 9854 Telephone: (559) 275-5698 Fresno, CA 93764 FAX: (559) 275-5697 Email: kyle@valleyfleetclean.com Bowie Enterprises Michael Bowie, Vice President 4433 N Blackstone Telephone: (559) 227-6221 Fresno, CA 93726 Email: MB@redcarpetcarwash.com II IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of he day and year first here in above written. CONTRACTOR ~ Kyle Mason, President Email Address for Notices : mb@redcarpetcarwash.com Mailing Address : Valley Fleet Clean PO Box 9854 Fresno, CA 93726 Telephone: (559) 275-5698 2 1 ATTACHMENT B SCHEDULE OF PRICING AND SERVICES 1. Scheduled mobile vehicle wash appointments between the County and Valley Fleet Clean, shall obligate the minimum provision of 15 vehicles for wash at the following rates: Single Visit Description External Wash Price per Vehicle $13.00 per vehicle (minimum 15 vehicles per individual visit) Simple exterior wash removing basic grime, and dirt/dust, consisting of 10 minutes or less Valley Fleet Clean reserves the right to assign a “heavy external wash” designation to any vehicle requiring an exterior wash longer than 10 minutes, as is reflected in pricing under “2.”. 2 2. Additional services for mobile vehicle washes between the County and Valley Fleet Clean, shall adhere to the following rates: Single Visit Description Heavy External Wash Price per Vehicle - $35.00 per vehicle; vehicle wash included in count of the 15 vehicle minimum. - Intensive exterior wash removing caked mud and oil/grime, 20 minutes or more Undercarriage and Steam Clean - $85.00 per vehicle; each vehicle wash to be included in overall count of the 15 vehicle minimum. - Extensive, exterior vehicle cleaning for problematic vehicles. Vehicle wash may take up to 1- hour. Basic Interior Vacuum and Cleaning - $20 for one vehicle, or $15 for two or more vehicles, without minimum vehicle count. - Basic interior vacuum, removal of garbage and wipe down of dash and moldings; limited up to 20 minutes Heavy Interior Vacuum and cleaning - $45 for a single vehicle, without minimum vehicle count. - Heavy interior vacuum and removal of caked mud/grime in the foot wells and floorboards; rate assigned to any interior cleaning taking 20 minutes or longer. 1 EXHIBIT 1 SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: “A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest” The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1) Enter board member’s name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member’s company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation’s transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). 2 (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to): (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: Date: