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HomeMy WebLinkAboutAgreement A-21-518 with Better Enterprises Inc..pdf- 1 - 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 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”) is made and entered into 14th day of December, 2021, (“Effective Date”), by and between COUNTY OF FRESNO, a political subdivision of the State of California, Fresno, California (“COUNTY”), and Better Enterprises, Inc., a California corporation, whose address is 1148 N. Cypress, Fresno, CA 93727 (“CONTRACTOR”). WITNESSETH: WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 21-141, dated April 27, 2021 (“Agreement”), pursuant to which CONTRACTOR agreed to perform repair, remodeling, or repetitive work according to unit prices on an annual basis pursuant to the terms of the Agreement; WHEREAS, COUNTY’s demand for the above services has increased since the services were last bid in March 2021; and WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to increase the total compensation amount. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 1. Section 4. COMPENSATION of the Agreement, located on page 6, lines 12 through 16, is deleted in its entirety and replaced with the following: "CONTRACTOR shall receive the opportunity to perform Job Orders totaling a minimum compensation amount of at least twenty-five thousand dollars ($25,000) during the Agreement term. The total value of compensation paid for all Job Orders ("Maximum Agreement Value") performed by CONTRACTOR shall not exceed four million dollars ($4,000,000). Any increase in the Maximum Agreement Value shall only be by amendment to Agreement, pursuant to Section 11.” 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 this First Amendment together shall be considered the Agreement. 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. Agreement No. 21-518 1 EXECUTED AND EFFECTIVE as of the date first above set forth. 2 3 IJ.--'-~::P:::.~+.X.,._.,A...==------- 4 5 1-J--.!~L=i~c__t~~_.l.4...t...lC'.l~'::b-..J..._ ___ _ 6 7 8 Mailing Address 9 10 11 12 13 14 15 FOR ACCOUNTING USE ONLY : 16 17 Fund : 1045 18 Subclass : 10000 19 ORG: 8935 20 Account: 7295 21 22 23 24 25 26 27 28 Steve Brandau, airm n 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 -2 -