HomeMy WebLinkAboutAgreement A-13-706-1 With Western State Design.pdfAgreement No. 13-706-1
1 AMENDMENT I TO AGREEMENT 13-706
2
3 This AMENDMENT I to AGREEMENT (hereinafter "Amendment I") is made and
4 entered into this 13th day of December 2016, by and between the COUNTY OF FRESNO, a
5 political subdivision of the State of California, hereinafter referred to as "COUNTY", and Western
6 State Design, Inc., whose principal address is 290 NE 68th St, Miami, FL 33138, hereinafter referred
7 to as "CONTRACTOR".
8 WIT N E S S E T H:
9 Whereas, COUNTY and CONTRACTOR entered into Agreement Number 13-706
10 effective January 1, 2014 (hereinafter, the "Agreement") whereby CONTRACTOR agreed to
11 provide maintenance services for laundry equipment in the Adult Detention Facilities; and
12 Whereas, COUNTY and CONTRACTOR now desire to amend the Agreement to
13 extend the term and provide additional compensation for services rendered during the extended
14 term of the Agreement.
15 Now, therefore, in consideration of their mutual promises, the parties hereto agree to
16 amend the Agreement as follows:
17
18
19
20
21
22
23
24
25
26
27
28
1. Section 2 on page 1 of the existing Agreement is deleted in its entirety
and replaced with the following:
"2. Term
This Agreement shall become effective on the 1'1 day of January, 2014 and
shall terminate on the 31 51 day of December 2017. This Agreement may be extended for one (1)
additional twelve (12) month period upon written approval of both parties no later than thirty (30)
days prior to the first day of the next twelve (12) month extension period. The Sheriff-Coroner or
her designee is authorized to execute such written approval on behalf of COUNTY based on
CONTRACTOR'S satisfactory performance.
2. Section 4 on page 2 ofthe existing Agreement is deleted in its entirety
and replaced with the following:
"4. COMPENSATION/INVOICING
--1--
1 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
2 receive compensation based on the rates listed in Exhibit "A", which is attached hereto and
3 incorporated herein by this reference. CONTRACTOR shall submit monthly invoices in
4 triplicate to COUNTY's Sheriff's Office, 2200 Fresno Street, Fresno California 93721.
5 In no event shall services performed under this Agreement be in excess of two
6 hundred thousand dollars ($200,000) during the term of this Agreement from January 1, 2014,
7 up to and including December 31, 2018. It is understood that all expenses incidental to
8 CONTRACTOR's performance of services under this Agreement shall be borne by
9 CONTRACTOR. Within forty-five (45) days after receipt of the invoice, COUNTY will remit
10 payment to CONTRACTOR. Such payment shall be sent to:
11 WESTERN STATE DESIGN
12 2331 Tripaldi Way
13 Hayward, CA 94545"
14 This First Amendment will be effective as of December 13, 2016. COUNTY and
15 CONTRACTOR agree this First Amendment is sufficient to amend the Agreement, and that upon
16 execution of this First Amendment, the Agreement and this First Amendment, shall together be
17 considered the Agreement.
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
--2--
1 IN WITNESS WHEREOF , the parties hereto have executed this First Amendment to
2 Agreement as of the date first hereinabove written .
3
4 : :~N ~ Jk , Ua
7 Chairman of the Board , or
President or any Vice President
8
9 Date : -':...;..,' ,_/ -y-+-J...:..,_:.~ __ r I
10
11 By :~·~·
12 Secretary (of Corporation), or
Any Assistant Secretary, or
13 Chief Financial Officer, or
14 Any Assistant Treasurer
President or any V ice President
15
16
17 Date: Jf {arfe .:J..ot I,
18 Mailing A dess:
2331 Tripaldi Way
19 Hayward , CA 94545
20
21
22
23
24
25
26
27
28
FOR ACCOUNTING USE ONLY:
ORG No.: 31114000
Account No.: 7205
Requisition No.:
--3 --
COUNTY OF FRESNO
By·S:: ~
Ernest Bud yer;es.alrman,
Board Of Supervisors
ATTEST :
BERNICE E . SEIDEL, Clerk To
The Board of Supervisors
By:S .A SOJD ~Di>J ~~
APPROVED AS TO LEGAL FORM
APPROVED AS TO
FORM
By: ~r~ Oscar ~rcia,:::
Auditor-Controller!Treasurer-Tax Collector
REVIEWED AND RECOMMENDED FOR
APPROVAL:
By~ j..<J-.J....,de
Marg ~heriff-Coroner