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HomeMy WebLinkAboutAgreement A-16-286-2 with Central Valley Toxicology Inc..pdf Agreement No. 16-286-2 1 SECOND AMENDMENT TO AGREEMENT 2 THIS SECOND AMENDMENT TO AGREEMENT(hereinafter"Second Amendment") is made 3 and entered into this 12 day of May, 2020, by and between COUNTY OF FRESNO, a Political 4 Subdivision of the State of California, Fresno,California(hereinafter"COUNTY"),and Central Valley 5 Toxicology, Inc., a California Corporation, whose address is 1580 Tollhouse Road, Clovis, CA 6 (hereinafter"CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 16-286,dated 9 June 7, 2016 (hereinafter"Agreement"), pursuant to which CONTRACTOR agreed to perform 10 evidentiary toxicology laboratory testing, expert testimony, and related services on behalf of the 11 COUNTY's Sheriffs Office and District Attorney; 12 WHEREAS, on March 20, 2018,the parties entered into the First Amendment to the 13 Agreement, for the purpose of increasing the quantity of services received by the Sheriffs Office, and 14 increasing the compensation accordingly("First Amendment"); 15 WHEREAS, COUNTY's Sheriffs Office again needs to amend the Agreement, so that the 16 Sheriffs Office may receive a greater quantity of services under the Agreement; and 17 WHEREAS, COUNTY and CONTRACTOR again desire to amend the Agreement, In order 18 increase the annual maximum that COUNTY may expend on the costs for services provided to the 19 Sheriffs Office to$212,000, which increases the total Agreement annual maximum to$270,000. 20 NOW,THEREFORE,for good and valuable consideration,the receipt and adequacy of which 21 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 22 1. The third paragraph of Section Five(5)(COMPENSATION/INVOICING)of the 23 Agreement, located on page Three (3), lines Twenty-Two (22)through Twenty-Five (25), is deleted in 24 its entirety, and replaced with the following: 25 "During the first year of the Agreement, July 1, 2016 through June 30, 2017,the 26 compensation paid for services performed for the Sheriffs Office under this Agreement shall not 27 exceed$22,000. During the second year of this Agreement, July 1, 2017 through June 30, 2018,the 28 compensation paid for services performed for the Sheriffs Office under this Agreement shall not -1 - 1 exceed$92,000. During the third year of this Agreement, July 1,2018 through June 30, 2019,the 2 compensation paid for services performed for the Sheriffs Office under this Agreement shall not 3 exceed $92,000. During the optional fourth year of this Agreement,July 1,2019 through June 30, 4 2020,the compensation paid for services performed for the Sheriff's Office under this Agreement shall 5 not exceed$212,000. During the optional fifth year of this Agreement, July 1, 2020 through June 30, 6 2021,the compensation paid for services performed under this Agreement shall not exceed $212,000. 7 In no event shall compensation for services performed for the Sheriff's Office exceed$630,000 for the 8 potential five(5)year term of this Agreement. 9 In no event shall the total compensation paid to CONTRACTOR for services performed 10 under this Agreement exceed $920,000." 11 COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to amend the 12 Agreement,and that upon execution of this Second Amendment,the Agreement,the First 13 Amendment, and this Second Amendment together shall be considered the Agreement. 14 The Agreement, as hereby amended, is ratified and continued. All provisions,terms, 15 covenants, conditions and promises contained in the Agreement and not amended herein shall remain 16 in full force and effect. 17 18 19 20 21 22 23 24 25 I26 27 28 -2- 1 EXECUTED AND EFFECTIVE as of the date first above set forth. 2 3 CONTRACTOR COUNTY OFFRESNO 4 5 (Authorized Signature) Ernest Buddy Mendes, airman of the Board of Supervisors of the County of 6 �S Fresno Print Name &Title 9 '014 Mailing Address �3rof ATTEST: 10 Bernice E. Seidel Clerk of the Board of Supervisors 11 County of Fresno, State of California 12 13 14 15 By: &Aso—n � 16 Deputy FOR ACCOUNTING USE ONLY: 17 18 Fund:0001 19 Subclass10000 20 ORG:31117000 21 Account:7295 22 23 24 25 26 27 28 - 3 -