HomeMy WebLinkAbout30643Agreement No .19-090
1 SECOND AMENDMENT TO AGREEMENT
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3 This Second Amendme nt to Agreement ("Second Ame ndment") is m ade and entered
4 into this 26th day of February, 2019 ("Effective Date"), by and between the County of Fresno , a
5 political subdivision of the State of California, ("COUNTY"), and Action Towing & Dive Team ,
6 Inc., address 2822 E California Ave 93721-3303, Herndon Towing, address 5030 E Jensen Ave,
7 Fresno, CA 93725-4010, and TNT Towing, address PO Box 342 , Kerman , CA 93630-0342 ,
8 (each a "CONTRACTOR" and collectively "CONTRACTORS"), and such additional
9 CONTRACTORS as may, from time to time during the term of this Agreement, be added by
1 0 COUNTY. COUNTY and each CONTRACTOR may be referred to as a "Party" or collectively as
1 1 "Parties" to this Agreement.
12 WITNESSETH:
13 WHEREAS, COUNTY entered into Procurement Agreement Number P-16-239-P,
14 effective June 1, 2016 (the "Agreement"), pursuant to which CONTRACTORS agreed to provide
15 towing and Emergency Road Services;
16 WHEREAS, the Parties entered into Amendment Number One (1), dated July 21, 2016
17 ("First Amendment") to add the Public Works and Planning Department -American Avenue
18 Disposal Site as a billing Department to the Agreement; the Agreement and Amendment
19 Number One may be referred to collectively as the Agreement, as Amended; and
20 WHEREAS, COUNTY would again like to amend the Agreement, as Amended to
21 increase the maximum Agreement value, and to add COUNTY'S standard Disclosure of Self-
22 Dealing Transactions provision;
23 WHEREAS, CONTRACTORS are willing to continue to extend Towing and Emergency
24 Road Services to COUNTY pursuant to the Agreement, as Amended; and
25 WHEREAS, in light of the foregoing, the Parties now wish to enter into this Second
26 Amendment.
27 NOW, THEREFORE , in consideration of the mutual covenants, terms and conditions
28 herein contained, the Parties agree that the Agreement, as Amended shall be again amended
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1 by this Second Amendment, and further agree as follows:
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3 1. The MAXIMUM Section of the Agreement, as Amended, as set forth on page one (1) of
4 the Agreement, shall be deleted in its entirety and replaced with the following :
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6 "MAXIMUM: In no event shall services performed under this Agreement exceed two
7 hundred thousand dollars ($200,000) for the term of this Agreement, inclusive of
8 renewal periods."
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10 2. The following Section shall be added to page four (4) of the Agreement as Amended,
11 after the Section marked "GOVERNING LAWS", and shall be made a part of the
12 Agreement, as Amended. The referenced Attachment B shall be inserted at the end of
13 the Agreement, as Amended :
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15 "DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision is only
16 applicable if CONTRACTOR is operating as a corporation (a for-profit or non-profit
17 corporation) or if during the term of this Agreement, CONTRACTOR changes its
18 status to operate as a corporation.
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Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR is performing services
under this Agreement. A self-dealing transaction shall mean a transaction to
which CONTRACTOR is a party and in which one or more of its directors has a
material financial interest. Members of the Board of Directors shall disclose any
self-dealing transactions that they are a party to by completing and signing a
Self-Dealing Transaction Disclosure Form (Attachment B) and submitting it to the
COUNTY prior to commencing with the self-dealing transaction or immediately
thereafter."
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1 COUNTY and CONTRACTORS agree this Second Amendment is sufficient to amend the
2 Agreement, as Amended , and that upon execution of this Second Amendment, the Agreement , the
3 First Amendment, and this Second Amendment shall together be considered t he Agreement.
4 The Agreement, as Amended, is ratified and continued. All provisions , terms, covenants ,
5 conditions and promises contained in the Agreement and not amended herein shall remain in full
6 force and effect.
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1 IN WITNESS WHE REOF, the parties hereto have executed this Agreement as of the
2 day and year first hereinabove w ritten .
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4 CONTRACTOR
5 See attached Contractor Signature Pages
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16 FOR ACCOUNTING USE ONLY:
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Fund No.: 1000, 0001 , 7205, and others
depending on the size of the
projects and other
departments
Subclass No.: 10000, and 15000, and
others depending on the size
of the projects and other
departments
Org No.: 8910 & 8911 (Fleet), 3111
(Sheriff), 9026 (AADS) and
others depending on the size
of the projects and other
departments.
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COUNTY OF FRESNO -z~:>
Na t ha n Mags ig ,
Chairman of the Boa rd of Superviso rs of the
County of Fresno
ATTEST:
Bernice E. Seidel
Cle rk of the Boa rd of Supervisors
County of Fresno, St ate of California
Deputy
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CONTRACTOR SIGNATURE PAG E ========================================================================
§y: ~~~~~~~~----~~~~~~~~~~~~~~-
Print Name: John OeCicco __ 1"f-.~+-'-"~'-·----=--------------
Title: President ____ l .... 2 _______________ _
Date:
,Print Name: Jessica DeCicco __ _,_~-+-~---~-'--=""'+.-....----------
Title: Secretary of Corporation. ______________ _
Date :
======================================================================
.E-Mail Address for Notices: actionoffice@yahoo.com ..
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.E-Mail Notice Contact Person's Name and Title: John DeCicco, President
======================================================================
_Company Name:
.Mailing Address:
_City, State & Zip Code:
Action Towing & Dive Team , Inc.
2822 E California Ave
Fresno, CA 93721-3303
*State in Which the Company Originally Registered: California
======================================================================
Telephone Number:
Fax Telephone Number:
(559) 498-9999
(559) 498-994 9
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CONTRACTOR SIGNATURE PAGE
========~==============~================================================
fu:M --0~ -
Priw.rTI e: Jam es Deatherage~.,___,_,:£"---A ..... IY\--'-"£""""~---t.._G.__-_ _._Q_.......r?-"--c _,_f_..l'"""~-·"'_.cz."""5..-<,=-----~
Title: Owner __ Pi~r~e~._s _:~d_t_o~~----~---~------~
Date: CJ ~(p ··IS
Print Name: Sue Deatherage _________________ _
Title: Secretary-------------~-------
. ~ \ t _o_\ \ q Date:
==============================~=======================================
_E-Mail Address for Notices: herndontowing@hotmail.com
,E-Mail Notice Contact Person's Name and Title: James Deatherage, Owner
=======================================~==============================
.Company Name: Herndon Towing
.Mailing Address: 5030 E Jensen Ave
.City, State & Zip Code: Fresno, CA 93725-4010
*State in Which the Company Originally Registered: California
======================================================================
Telephone Number:
Fax Telephone Number:
(559) 431-3334
(559) 431-5535
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CONTRACTOR SIGNATURE PAGE
========================================================================
Title:
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Date:
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Co-Owner
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Date:
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·1-r--/ '5--:-/-1 C;------
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E-Mail Address for Notices: tnttowingllc1@yahoo.com
E-Mail Notice Contact Person's Name and Title: Rhonda Tate, Co-Owner
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Company Name:
Mailing Address:
City, State & Zip Code:
TNT Towing
PO Box342
Kerman, CA 93630-0342
*State in Which the Company Originally Registered: California
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Telephone Number:
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(559) 291-9813
(559) 444-0177
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.Fax Telephone Number:
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6 CONTRACTOR
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Action Towing & Dive
Team , Inc.
Herndon Towing
TNT Towing
ATTACHMENT B
PARTICIPATING CONTRACTORS
ADDRESS
2822 E California Ave
Fresno, 93721-3303
5030 E Jensen Ave
Fresno CA 93725-4010
PO Box 342
Kerman, CA 93630-0342
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GIVE AND RECEIVE NOTICES
John DeCicco, President
(559) 498-9999
actionoffice@yahoo.com
James Deatherage, Owner
(559) 431-3334
herndontowing@hotmail.com
Rhonda Tate, Co-Owner
(559) 291-9813
tnttowingllc1@y ahoo.com
1 ATTACHMENT C
2 SELF-DEALING TRANSACTION DISCLOSURE FORM
3 In o rde r to co nd uct bu siness w ith t he County of Fresn o (he reinafte r ref e rred to as
4 "County"), mem be rs of a contractor's boa rd of d ire cto rs (herei na fte r refe rre d to as
5 "County Contractor"), m ust disclose any self-dealing t ransactions t hat t hey are a pa rt y
6 to whi le providing goods, performing se rv ices, or both for the Coun t y . A self-dea ling
7 transaction is defined be low:
8 "A self-dealing transaction means a transaction to which the corporation is a party and
9 in which one or more of its directors has a material financial interest"
10 The definition above will be utilized for purposes of completing this disclosure form .
11 INSTRUCTIONS
12 (1) Enter board member's name, job title (if applicable), and date this disclosure is
13 being made .
14 (2) Enter the board member's company/agency name and address .
15 (3) Describe in detail the nature of the self-dealing transaction that is being
16 disclosed to the County . At a minimum, include a description of the following:
17 a. The name of the agency/company with which the corporation has the
18 transaction; and
19 b . The nature of the material financial interest in the Corporation's
20 transaction that the board member has .
21 (4) Describe in detail why the self-dealing transaction is appropriate based on
22 applicable provisions of the Corporations Code.
23 (5) Form must be signed by the board member that is involved in the self-dealing
24 transaction described in Sections (3) and (4).
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(1) Company Board Member Information: I
Date:
(Z) 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 Si gnature
Signature : I I Date :
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