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HomeMy WebLinkAboutAgreement A-17-054-2 wAAA Quality Services.pdf 20-0249 Agreement No. 17-054-2 1 SECOND AMENDMENT TO AGREEMENT 2 THIS SECOND AMENDMENT to Agreement No. 17-054 ("Second Amendment") is made and 3 entered into this 28th day of April, 2020 ("Effective Date"), by and between the COUNTY OF FRESNO, a 4 Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and AAA Quality 5 Services, Inc., a California corporation, whose address is 321 E. Noble Avenue, Farmersville, CA 93223, 6 hereinafter referred to as "CONTRACTOR". 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 17-054, dated February 9 28, 2017 ("Agreement"), pursuant to which CONTRACTOR agreed to provide portable chemical toilet rental 10 and portable chemical toilet maintenance services for certain specified County departments, including the 11 Sheriff-Coroner, the Department of Social Services, and various divisions within the Department of Public 12 Works and Planning; and 13 WHEREAS, the original Agreement provided for various annual maximum amounts for each user 14 department/division, and for a maximum cumulative amount not to exceed $235,000 for the entirety of the 15 contract term; and 16 WHEREAS, COUNTY and CONTRACTOR entered into a First Amendment to Agreement, dated 17 December 10, 2019 ("First Amendment"), which removed the annual maximum compensation payable for 18 each department and increased the maximum compensation by $25,000, resulting in a contract maximum 19 of$260,000; and 20 WHEREAS, CONTRACTOR made a request, on January 24, 2020, for a price adjustment to 21 increase the rates set forth at pages 15 and 16 of CONTRACTOR's Response to the original Request for 22 Quotation (appended as part of Attachment A to the original Agreement), with no change to the maximum 23 amount of compensation which would remain at$260,000; and 24 WHEREAS, COUNTY has determined and agreed to make an adjustment to provide for an 25 increase in the rates, as allowed in accordance with Section IX of the Agreement, with no increase in the 26 maximum compensation payable under the Agreement, which shall remain at the cumulative amount of 27 $260,000 over the entirety of the contract term. 28 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement to provide for an -1- 1 increase in the rates for remainder of the contract term, as follows: 2 1. Pages 15 and 16 of CONTRACTOR's Response to Request for Quotation 17-017 3 (appended as part of Attachment A to the original Agreement) are hereby deleted in their entirely and 4 replaced and superseded by the Quotation Schedules set forth in Exhibit 1-A and Exhibit 1-B, which are 5 attached to this Second Amendment and incorporated by this reference as though fully set forth herein. 6 2. From and after the effective date of this Second Amendment, for actual services provided by 7 CONTRACTOR, County agrees to pay CONTRACTOR and CONTRACTOR agrees to receive 8 compensation in accordance with the rates specified in Exhibit 1-A and Exhibit 1-B to this Second 9 Amendment. 10 3. Section V ("COMPENSATION") of the Agreement, as previously amended, is hereby 11 deleted in its entirety and replaced by the following: 12 "COUNTY shall compensate CONTRACTOR in accordance with the terms and conditions set forth 13 in the original Agreement (as previously modified) and Attachment A thereto, except that, from and 14 after the effective date of this Second Amendment, the rates payable to CONTRACTOR for 15 CONTRACTOR's services shall be governed by Exhibit 1-A and Exhibit 1-13 to this Second 16 Amendment. 17 In no event shall the maximum total compensation payable under this Agreement exceed the 18 cumulative amount of$260,000 over the entire term (including any extensions) of this Agreement. 19 It is understood that all expenses incidental to CONTRACTOR's performance of services under this 20 Agreement shall be borne by CONTRACTOR." 21 COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to amend the 22 Agreement, and that upon execution of this Second Amendment, the Agreement, as previously modified by 23 the First Amendment, together with the provisions of this Second Amendment, shall constitute the complete 24 Agreement between the parties. 25 The Agreement, as hereby further amended, is ratified and continued. All provisions, terms, 26 covenants, conditions and promises contained in the Agreement and not amended herein shall remain in 27 full force and effect. 28 H -2- 1 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement 2 No. 17-054, effective as of the day and year first hereinabove written. 3 4 CONTRACTOR AND/jIlDR CONSULTANT COUNTY OF FRESNO c ( uthoriz d Signature) Ernest Buddy Mendes, hairman of the 6 Board of Supervisors of the County of 7 Fresno 8 Print Name &Title 9 "' o 9p-V Mailing Address 10 //' (� 11 City, State, and Zip Code ATTEST: 12 Bernice E. Seidel Clerk of the Board of Supervisors 13 County of Fresno, State of California 14 15 16 17 BY. V\� � Dep t 18 19 20 21 22 23 FOR ACCOUNTING USE ONLY: 24 Fund/Subclass: 0001/10000 0010/11000 7001/00001 0001/10000 0700/15000 Org. 3111 4510 5610 7910 9026 25 Account No.: 7295 7295 7295 7430 7295 26 27 28 -3- EXHIBIT 1-A QUOTATION SCHEDULE CHEMICAL TOILETS RENTAL RENTAL RATES Monthly Rental Charge(including travel time,pumping,cleaning,adding new chemicals,tissue refill,and hand towel refill) ORIGINAL RATES 1 ADJUSTED RATES 2 Service Once Per Week Service Twice Per Week Service Once Per Week Service Twice Per Week Double Chemical Toilet $ 178.73 Per Month $ 318.00 Per Month $ 186.73 Per Month $ 333.73 Per Month (2 toilets trailer mounted w/hand wash facilities) Single Chemical Toilet $ 115.73 Per Month $ 210.73 Per Month $ 123.73 Per Month $ 215.73 Per Month (1 toilet trailer mounted w/hand wash facilities) Skid-Mounted Chemical Toilet $ 115.73 Per Month $ 210.73 Per Month $ 123.73 Per Month $ 215.73 Per Month (with hand wash facilities/antiseptic towel) Double Chemical Toilet $ 121.73 Per Month $ 221.73 Per Month $ 124.73 Per Month $ 226.73 Per Month (2 toilets trailer mounted/no hand wash facilities) Single Chemical Toilet $ 68.73 Per Month $ 121.73 Per Month $ 71.63 Per Month $ 126.73 Per Month (1 toilet trailer mounted/no hand wash facilities) Skid-Mounted Chemical Toilet $ 64.73 Per Month $ 117.73 Per Month $ 67.43 Per Month $ 122.73 Per Month (No hand wash facilities) Stand Alone Sinks $ 64.73 Per Month $ 117.73 Per Month $ 67.43 Per Month $ 122.73 Per Month Delivery Charge $ 20.00 Per Unit $ 20.00 Per Unit $ 22.00 Per Unit $ 22.00 Per Unit Pick Up Charge $ 20.00 Per Unit $ 20.00 Per Unit $ 22.00 Per Unit $ 22.00 Per Unit Delivery and Services instructions will be provided by the department placing the order. 1 Original Rates effective 0212812017 through 0412712020 2 Adjusted Rates effective 0412812020(effective date of Amendment if)through the remainder of the contract term Page 1 of 2 EXHIBIT 1-B QUOTATION SCHEDULE SERVICE ONLY—SITE OWNED UNITS (Including removal and disposal of trash,cleaning of the unit inside and out,refilling chemicals,stocking of consumables,recording of services on a label affixed inside each unit.) American Avenue Disposal Site 18950 W.American Ave. Kerman,CA All units must be pumped and cleaned a minimum of twice per week. ORIGINAL RATES 1 ADJUSTED RATES Z DESCRIPTION CITY Cost Per Unit Per Each Cleaning CITY Cost Per Unit Per Each Cleaning Standard Poly Portable Skid 5 $ 14.00 Per each unit 5 $ 15.68 Per each unit Mounted Chemical Toilet(including Hand Wash Facilities) Enhanced Access(Handicap)Unit 1 $ 14.00 Per each unit 1 $ 15.68 Per each unit (including hand wash facilities) Stand Alone Sinks 2 $ 14.00 Per each unit 2 $ 15.68 Per each unit Additional Services: CURRENT RATES ADJUSTED RATES • Service Customer Owned Toilet(Must include travel time, clean,pump,chemicals and tissue refill) $ 43.18 $ 48.36 Location may vary throughout the County. • Include a rental list of other available units and applicable rental fees. 1 Original Rates effective 0212812017 through 0412712020 2 Adjusted Rates effective 0412812020(effective date of Amendment ll)through the remainder of the contract term Page 2 of 2