HomeMy WebLinkAboutAgreement A-16-655-1 with Quinn Company Inc..pdf-1-
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT, (“First Amendment”) to Agreement No. 16-655 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 Quinn Company, Inc.,
a California corporation, dba Quinn Rental Services whose address is 3495 S. Bagley Avenue,
Fresno, CA 93725 (“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 16-655, dated
November 15, 2016 (“Agreement”), pursuant to which CONTRACTOR agreed to provide heavy
equipment rental for its Road Maintenance & Operations Division and Resource Division. The
Agreement allowed for annual maximums for the Road Maintenance & Operations Division in the
amount of $200,000, with a maximum spend of $1,000,000 for the entire five-year term, and
allowed for annual maximums for the Resources Division in the amount of $50,000, with a
maximum spend of $250,000 for the entire potential f ive-year term of the Agreement;
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 5. COMPENSATION of Agreement No. 16-655, as set forth in the
Agreement beginning on page 2, line 17 with the word “In” and ending on page 2, line 26 with the
Word “Nickel” is hereby deleted and replaced with the following:
“In no event shall the maximum total compensation payable under this Agreement
exceed $1,250,000 for the Road Maintenance and Resources Division over the entire potential
five-year 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.”
19-1211 Agreement No. 16-655-1
8th October
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This First Amendment shall be retroactive to November 15, 2016, so that COUNTY may utilize
funds allocated under the Agreement, as Amended, which had remained from prior contract years.
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
Quinn Rental Services
7 Henry Quan President
8 Printed Name and Title
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Authorized Signature
Michelle Locke CFO
Printed Name and Title
Fund/Subclass:
Org.
Account No .:
0010/11000
4510
7355
By:
0720/15000
9020
7355
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COUNTY OF FRESNO
Nathan Magsig , Chairman of the Board
of Supervisors of the County of Fresno
ATTEST:
d\~~ Bernice E . S~ '~
Clerk of the Board of Supervisors
County of Fresno , State of California
0700/15000
9026
7355
0710/15000
9028
7355