HomeMy WebLinkAboutAgreement A-17-054-1 with AAA Quality Services Inc..pdf-1-
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT, (“First Amendment”) to Agreement No. 17-054 is made and
entered into ___ day of ______, 2019 (“Effective Date”), by and between the County of Fresno, a
political subdivision of the State of California ("COUNTY"), and AAA Quality Services, Inc.,
a California corporation, whose address is 321 E. Noble Avenue, Farmersville, CA 93223
(“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 17-054, dated
February 28, 2017 (“Agreement”), pursuant to which CONTRACTOR agreed to provide portable
chemical toilet rental and portable chemical toilet maintenance services. The Agreement allowed
for a $2,000 annual maximum compensation payable for the Sheriff-Coroner, with a maximum
spend of $10,000 for the term, an $8,000 annual maximums for the Department of Social Services,
with a maximum spend of $40,000 for the term, and various annual maximums for different
divisions within the Public Works & Planning Department that include the following: a $1,000
annual maximum for Construction, $6,000 for the Road Maintenance & Operations Division,
$10,000 annual maximum for Parks, and a $20,000 annual maximum for Resources (for a
maximum spend of $185,000 for the term. The Agreement allowed for a maximum spend of
$235,000 for the term;
WHEREAS, COUNTY and CONTRACTOR now desire to further amend the Agreement to
remove the yearly limitation of amounts payable for services on each year for more flexibility in
allocating and spending funds throughout the remaining term of the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, COUNTY and CONTRACTOR agree to further amend the
Agreement as follows:
The portion of section IV. INVOICING of Agreement No. 17-054, as set forth in the
Agreement beginning on page 2, with the word “CONTRACTOR” and ending on page 2, with the
word “invoice” is hereby deleted and replaced with the following:
“CONTRACTOR shall submit invoices in accordance with the rates and charges specified
19-1442 Agreement No. 17-054-1
10th Dec.
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in Attachment A. CONTRACTOR shall submit itemized invoices to the requesting County
department. Each invoice shall reference this Agreement number and include any other identifying
information as requested by the COUNTY. COUNTY will pay CONTRACTOR within forty-five (45)
days of receipt of an approved invoice.
The portion of section V. COMPENSATION of Agreement No. 17-054, as set forth in the
Agreement beginning on page 2, with the word “In” and ending on page 3, with the number
“$10,000” is hereby deleted and replaced with the following:
“In no event shall the maximum total compensation payable under this Agreement
exceed $260,000 over the term of this Agreement. It is understood that all expenses incidental
to CONTRACTOR’s performance of services under this Agreement shall be borne by
CONTRACTOR.”
The column of the table in section V. COMPENSATION of Agreement No. 17-054, as set
forth in the Agreement on page 3 titled “Five Year Term” shall be deleted and replaced with “Term.”
The following sentence shall be added to the end of the section VI TERM of Agreement
No. 17-054:
“The term of the Agreement shall include the three-year initial term and any extensions
thereto.”
COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
Agreement and that upon execution of this First Amendment, the Agreement and the First
Amendment, shall together constitute the complete Agreement between the parties.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall
remain in full force and effect.
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EXECUTED AND EFFECTIVE as of the date first above set forth.
CONTRACTOR
AAA Quality Services , Inc.
A{t-y 5 G~h-<l.\
Printed Name and Title
Fund/Subclass :
Org .
Account No .:
0001/10000
3111
7295
0010/11000
4510
7295
COUNTY OF FRESNO
Nathan Magsig , Chairman of the Board
of Supervisors of the County of Fresno
ATTEST:
By:
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Bernice E. Seidel
Clerk of the Board o upervisors
County of Fresno , State of California
7001/00001
5610
7295
0001/10000
7910
7430
0700/15000
9026
7295