HomeMy WebLinkAboutAgreement A-13-761-1 with Central State Inc..pdfCentral State, Inc.
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FIRST AMENDMENT TO AGREEMENT No. 13-761
THIS FIRST AMENDMENT TO AGREEMENT is made this ____ day of
________, 2016, by the COUNTY OF FRESNO, a political subdivision of the State of
California (COUNTY), and Central State, Inc., a California corporation, whose address
is P.O. Box 730, Auberry, CA 93602 (CONTRACTOR).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR previously entered into an
Agreement dated the 10th day of December, 2013, and identified as County Agreement
No. 13-761 (Agreement), under which the CONTRACTOR agreed to provide all
services related to sewage sludge pumping and removal; and
WHEREAS, the COUNTY and CONTRACTOR now desire to amend the
Agreement to increase the maximum annual compensation for the two optional one-
year periods, if they occur.
NOW, THEREFORE, based on the foregoing and in consideration of their mutual
promises as set forth herein, the parties hereto agree to amend the above -referenced
Agreement as follows:
1. Section 6, paragraph A, of the Agreement, beginning on page 4, line 24
and ending on page 5, line 6, is deleted and replaced in its entirety to read as follows:
“A. Notwithstanding any other provision in this Agreement, the annual
total compensation for services shall be as follows: (i) for the first and second
year of the Agreement, compensation is limited to a maximum of Two Hundred
Forty Thousand and No/100s Dollars ($240,000) for each year; (ii) for the third
year of the Agreement, compensation is limited to a maximum of Three Hundred
Twenty Thousand and No/100s Dollars ($320,000); (iii) if this Agreement is
extended for up to two additional one-year periods as provided in Section 3 of
this Agreement, compensation for each extended one-year period is limited to a
maximum of Three Hundred Twenty Thousand and No/100s Dollars ($320,000).
In no event shall maximum compensation for services under this Agreement
Central State, Inc.
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exceed One Million Four Hundred Forty Thousand and No/100s Dollars
($1,440,000) for the total five (5) year period covered by the initial term and the
additional one-year periods, if they occur.”
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.
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.
[SIGNATURE PAGE FOLLOWS]
Central State, Inc.
1 IN WITNESS WHEREOF, the parties have executed this First Amendment
2 to Agreement No. 13-761 on the date stated in the introductory paragraph.
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CENTRAL STATE, INC.
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Cari Cotton, Manager
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9 REVIEWED AND REC
FOR APPROVAL
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By:,"":":'"----::~::-::""".1~=-=-~---
Steven E. Wh1 , Director
Department of Public Works and
Planning
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APPROVED AS TO LEGAL FORM
16 Daniel C. Cederberg
County Counsel
:: By:fl.ti.M
e uty
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21 APPROVED AS TO ACCOUNTING
FORM
22 Oscar J. Garcia, C.P.A
Auditor-Controller/ Treasurer-Tax
23 Collector
24 By: ~ ?c.,/=". _.....--
25 Deputy <?5:
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COUNTY OF FRESNO
~ :.;t./J_ .... /. ~~
Ernest Buddy Mendes, Chairman
Board of Supervisors
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
By m~c=&-
Depuy
FOR ACCOUNTING USE ONLY
Special Districts
Org. No: Various Budgets
Account No.: 7440
Parks
Org. No: 7910
Account No.: 7430