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HomeMy WebLinkAboutAgreement A-22-583 Amend. I to Agrmt. 21-226 w Shaver Lake Civic League.pdf Agreement No. 22-583 22-1039 1 FIRST AMENDMENT TO AGREEMENT 2 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made and entered 3 into this 13th day of December , by and between COUNTY OF FRESNO, a Political 4 Subdivision of the State of California, Fresno, California, on behalf of County Service Area No. 31 5 (hereinafter"COUNTY"), and the SHAVER LAKE CIVIC LEAGUE, a California non-profit corporation 6 whose address is P.O. Box 96, Shaver Lake, California 93664 (hereinafter "CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 21-226, dated 9 June 22, 2021 (hereinafter "Agreement"), pursuant to which CONTRACTOR agreed to provide 10 operations and maintenance of the necessary personnel, vehicles, tools and other facilities to deliver 11 structural fire protection and recreational facility services to County Service Area No. 31 — Shaver Lake 12 Area (CSA 31) where the actual costs of providing said services will be reimbursed by COUNTY; and 13 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to 14 increase the reimbursable base in FY 2022-23 for design, purchase, and assembly of a fire truck/water 15 tender, and other potential improvements for County Service Area No. 31. 16 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which 17 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 18 1. That the existing COUNTY agreement No. 21-226, Section 5(B) of the Agreement, 19 beginning on page four (4), line twenty-six (26) with the number "$251,713" and ending on page four 20 (4), line twenty-six (26) with the number "22-23" is deleted in its entirety and replaced with the 21 following: 22 "$601,713 for fiscal year 22-23" 23 2. That the existing COUNTY agreement No. 21-226, Section 5(C) of the Agreement, 24 beginning on page five (5), line six (6) with the number"$276,885" and ending on page five (5), line six 25 (6) with the number"22-23" is deleted in its entirety and replaced with the following: 26 "$661,884 for fiscal year 22-23" 27 3. That the existing COUNTY agreement No. 21-226, Section 5(D) of the Agreement, 28 beginning on page five (5), line ten (10) with the word "Maximum" and ending on page five (5), line - 1 - 1 eighteen (18) with the word "Agreement" is deleted in its entirety and replaced with the following: 2 "Maximum Cumulative Compensation — Notwithstanding any other provision in this 3 Agreement, the total compensation for the Services shall not exceed a maximum cumulative total of 4 $1,218,449 for the three-year term of the Agreement. If this Agreement is extended for the maximum 5 two (2) additional one-year periods as provided in Section 3 above, then the maximum cumulative 6 amount of compensation for Services under this Agreement shall not exceed $1,811,875 during the 7 entirety of the extended five-year term of this Agreement. If this Agreement is only extended for one 8 (1) additional renewal period, then the maximum cumulative amount of compensation for Services 9 under this Agreement shall not exceed $1,509,344 during the entirety of the extended four-year term 10 of this Agreement." 11 4. That the existing COUNTY agreement No. 21-226, Exhibit A, located on page fourteen 12 (14) is deleted in its entirety and replaced with Revised Exhibit A, attached and incorporated by this 13 reference. 14 COUNTY and CONTRACTOR agree that this Amendment is sufficient to amend the 15 Agreement, and that upon execution of this Amendment, the Agreement and this Amendment together 16 shall be considered the Agreement. 17 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 18 covenants, conditions and promises contained in the Agreement and not amended herein shall remain 19 in full force and effect. 20 21 22 23 24 25 26 27 28 - 2 - 1 EXECUTED AND EFFECTIVE as of the date first above set forth. 2 3 Shave ke Civic League CO NTc Y OF FRESNO 4r111� 5 Steve-Mc illan, President Brian Pacheco, Chairman of the Board of Shaver Pke Civic League Supervisors of the County of Fresno 6 P.O. B x 96 Shaver Lake, CA 93664 7 8 9 10 ATTEST: Bernice E. Seidel 11 Clerk of the Board of Supervisors 12 County of Fresno, State of California 13 14 15 By: 16 Deputy FOR ACCOUNTING USE ONLY: 17 ORG No.: 9171 Account No.: 7220 18 Fund/Subclass: 0200/12000 19 20 21 22 23 24 25 26 27 28 - 3 - EXHIBIT A County Service Area 31 Forecasted Financials at Base Reimbursement Fiscal Year 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 Civic League Base Reimbursement $249,221 $249,221 $601,713 $256,747 $264,450 $275,028 Admin Expenses $26,000 $28,600 $29,458 $30,342 $31,252 $32,190 Total Expenses $275,221 $277,821 $631,171 $287,089 $295,702 $307,217 Revenue $294,256 $290,838 $290,838 $290,838 $290,838 $290,838 End of Year Balance $1,472,290 $1,485,307 $1,144,974 $1,148,723 $1,143,859 $1,127,479 County Service Area 31 Forecasted Financials at Maximum Reimbursement(Base plus 10%) Fiscal Year 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 Civic League Max Reimbursement $249,221 $274,143 $661,884 $282,422 $290,895 $302,531 Admin Expenses $26,000 $28,600 $29,458 $30,342 $31,252 $32,190 Total Expenses $275,221 $302,743 $691,342 $312,764 $322,147 $334,720 Revenue $294,256 $290,838 $290,838 $290,838 $290,838 $290,838 End of Year Balance $1,472,290 $1,460,385 $1,059,881 $1,037,955 $1,006,646 $962,764