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HomeMy WebLinkAboutAgreement A-21-466 with RR-M Reyna Inc..pdfAgreement No . 21-466 1 FIRST AMENDMENT TO AqREEMENT WITH RR-M REYNA 2 · .. THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") is made and entered into 3 on November 16; 2021, by and b.etween COUNTY OF FRESNO, a political subdivision of the State of 4 California, Fresno, California ("COUNTY"), and RR-M Reyna, a California corporation doing business 5 as R & R Transport, whose address is 1811 Hedges Ave Fresno, CA ("CONTRACTOR"). 6 WITNESS ETH: 7 WHEREAS , COUNTY and CONTRACTOR entered into Agreement No.19-403, dated August • 8 20, 2021 ("Agreement"), pursuant to which CONTRACTOR agreed to provide professional decedent 9 removal services to COUNTY; 1 O WHEREAS, COUNTY has experienced an unanticipated increased volume of service requests 11 for CONTRACTOR's services; and 12 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to 13 allow the CONTRACTOR to provide additional services to meet this increased service volume required 14 by the COUNTY, and increase the maximum compensation value amount accordingly. 15 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which 16 is hereby acknowledged, COUNTY and CONTRACTORagree as follows: 17 1. Section Five (COMPENSATION/INVOICING) of the Agreement, located on page four, 18 l.irie 26, through page five, line 6, is deleted in its entirety, and replaced with the following: 19 "The maximum compensation amount payable by COUNTY under this Agreement for • 20 services rendered by CONTRACTOR from May 16, 2019 to May 15, 2022 shall not exceed ONE 21 MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000). The maximum compensation 22 amount payable by COUNTY under this Agreement for services rendered by CONTRACTOR shall not 23 · exceed FOUR HUNDRED THOUSAND DOLLARS ($400,000) for each twelve (12) month extension 24 period of this Agreement, pursuantto Section 3 of this Agreement. In no event shall compensation 25 paid for services performed under this Agreement exceed TWO MILLION DOLLARS ($2,000,000) 26 during the entire term of this Agreement, inclusive of the two optionai extended periods." 27 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the 28 Agreement and, that upon execution of.this First Amendment, the Agreement and this First - 1 - • 1 Amendment together shall be considered the Agreement. 2 The parties agree that this First Amendment may be executed by electronic signature as 3 provided in this section. An "electronic signature" means any symbol or process intended by an 4 individual signing this First Amendment to represent their signature, including but not limited to (1) a 5 digital signature ; (2) a faxed version of an original handwritten signature; or (3) an electronically 6 scanned and trarsmitted (for example by PDF document) ofa handwritten signature. Each electronic 7 signature affixed or attached to this First Amendment (1) is deemed equivalent to a valid original 8 handwritten signature of the person signing this First Amendment for all purposes, including but not 9 limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and 1 O effect as the valid original handwritten signature of that person. The provisions of this section satisfy 11 the requirements of Civil Code section 1633.5, subdivision (b ), in the Uniform Electronic Transaction 12 Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital 13 signature represents that it has undertaken and satisfied the requirements of Government Code 14 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely 15 upon that representation. This First Amendment is not conditioned upon the parties conducting the 16 transactions under it by electronic means and either party may sign this First Amendment with an 17 original handwritten signature. 18 The Agreement, as hereby amended, is ratified, and continued. All provisions, terms , 19 covenants, conditions, and promises contained in the Agreement, and not amended herein, shall 20 remain in full force and effect. 21 22 23 II 24 25 26 II 27 28 - 2 - • • • 1 EXECUTED AND EFFECTIVE as of the date first above set forth. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Print Name & Title I e Mailing Address FOR ACCOUNTING USE ONLY: Fund: Subclass: ORG 19 Account 0001 10000 31117000 7295 20 21 22 23 24 25 26 27 28 Steve Brandau, hairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California - 3 - • • •