HomeMy WebLinkAboutAgreement A-10-432-2 with California Public Benefit Corp..pdf
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AMENDMENT No. 2 TO AGREEMENT No. 10-432
This AMENDMENT II TO AGREEMENT is made this ____ day of _________,
2016, by the COUNTY OF FRESNO, a political subdivision of the State of California
("COUNTY"), on behalf of COUNTY SERVICE AREA NO. 2 (Tenaya Estates) ("CSA
No. 2"), and the Tenaya Estates, Inc., a California Public benefit corporation, whose
address is 6266 N. Thorne, Fresno, California 93711 ("CONTRACTOR").
WHEREAS, the parties entered into an agreement on August 10, 2010, identified
as COUNTY agreement No. 10-432 (“Agreement”), for CONTRACTOR to oversee and
carry out responsibilities for the operation and maintenance of the Park (as defined in
the Agreement) including walkways, walkway lights, playground equipment, sprinklers
and water system, trees, shrubs and lawn and related Park improvements and facilities;
and
WHEREAS, the parties desire to increase the maximum compensation payable
by COUNTY to CONTRACTOR under the Agreement due to increased cost in routine
operations and maintenance, and to necessary extraordinary maintenance that has
been deferred; and
WHEREAS, the parties desire to amend the Agreement as stated below.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Section 5, PAYMENT FOR SERVICES, paragraph A, of the Agreement,
beginning on page 3, line 26 and ending on page 4, line 19, is deleted and replaced with
the following:
“A. The COUNTY shall establish and approve a budget for CSA No. 2 near
the end of June each year. The CSA No. 2 budget will project revenues, expenditures,
and reserves. Sources of revenues will be from CSA No. 2 property assessments,
interest income, a percentage of property tax revenues distributed from the State and
unobligated cash reserves from the prior fiscal year. The CSA No. 2 budget should
have sufficient cash to pay the COUNTY for the preparation of audits and financial
statements, general administration, performing general ledger accounting, utilizing the
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PeopleSoft Program, provide the CONTRACTOR with reimbursement payments and
maintain adequate cash reserves. The CONTRACTOR’s COST REIMBURSEMENT for
each fiscal year for operations and maintenance shall not exceed the appropriations for
that fiscal year. However, the COUNTY does not guarantee this full amount will be
available to the CONTRACTOR and may need to reduce the stated amount due to
unforeseen revenue and expenditure events.
Fiscal Year
Current Maximum
Contractor Reimbursement
Amendment II Maximum
Contractor Reimbursement
2010-2011 $32,500 $32,500
2011-2012 $33,000 $33,000
2012-2013 $33,000 $33,000
2013-2014 $33,000 $33,000
2014-2015 $57,232 $57,232
2015-2016 $47,000 $48,000
2016-2017 $43,000 $50,500
2017-2018 $44,000 $52,500
2018-2019 $45,000 $54,500
2019-2020 $46,000 $56,500
TOTAL $413,732 $450,732
3. COUNTY and CONTRACTOR agree that this Amendment is sufficient to
amend the Agreement and, that upon execution of this Amendment, the Agreement and
this Amendment together shall be considered the Agreement.
4. 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.
///
1 The parties are signing this Agreement on the date in the introductory clause.
2 CONTRACTOR:
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7 DATE: ------.3r-!_,t,+-;.'----=l-b:....__~
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REVIEWED AND RECOMMENDED
10 FOR PP OVAL: \
COUNTY OF FRESNO:
BY~~~
ERNEST BUDDYMENOS, CHAIRMAN
BOARD OF SUPERVISORS ·
ATTEST:
BERNICE E. SEIDEL, CLERK
BOARD OF SUPERVISORS
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APPROVED AS TO LEGAL FORM:
.:.r.r:--;--:-J~~I-:-:::I:~z::ll;-:-:l N,..,.,T=E=R=-=-I""'M,...----DANIEL C. CEDERBORG, COUNTY
RTMENT OF COUNSEL
NO PLANNING
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16 FOR ACCOUNTING USE ONLY
17 ORG
ACCOUNT
FUND 18 SUBCLASS
19 MEMO CODE
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9142
7220
0160
12000
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BY:~d
DEPUTY
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A.
AUDITOR-CONTROLLER/
TREASURER.:TAX. COLLECTOR
BY:~ C4f2...tf-
DEPUTY
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