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HomeMy WebLinkAboutAgreement A-16-452-1 with Blue Tech Water, Inc..pdfAgreement No . 16-452-1 1 FIRST AMENDMENT TO AGREEMENT 2 THIS FIRST AMENDMENT to Agreement No. 16-452 ( "First Amendment") is made and 3 entered into this ... 1.l1b .... day of September , 2018 , by and between the County of Fresno , 4 a political subd ivision of the State of California ("COUNTY"), and Blue Tech Water, Inc. dba . 5 Ramco Services and Pacific Water Technologies, a California corporation, whose address is 2401 6 East Orangeburg Ave. #675, Modesto , CA 95355 ( "CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS , COUNTY and CONTRACTOR entered into Agreement No. 16-452, dated July 9 12, 2016 ("Agreement") pursuant to which CONTRACTOR agreed to provide chemical treatment 10 services for the COUNTY's HVAC systems at various COUNTY-owned facilities; and 11 WHEREAS , COUNTY has the need for additional services , including ttie need to change 12 the equipment (dosage devices) needed to administer the different chemicals used by 13 CONTRACTOR ; and 14 WHEREAS, COUNTY AND CONTRACTOR now desire to amend the Agreement to 15 increase the maximum amount payable under the Agreement. 16 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of 17 which is hereby acknowledged, COUNTY and CONTRACTOR agree to amend the Agreement as 18 follows : 19 The portion of Section 5 . COMPENSATION/INVOICING as set forth on page 4, 20 beginning on line 20 with the word "Maximum" and ending on line 25 with the word 21 "CONTRACTOR," is hereby deleted and replaced with the following : 22 23 "Maximum compensation under the terms of this Agreement shall not exceed three hundred 24 thousand dollars ($300 ,000) annually. In no event shall compensation payable for services 25 performed under this Agreement exceed nine hundred thousand dollars ($900 ,000) during the 26 final possible three years of this Agreement, nor shall total compensation payable for services 27 performed under this Agreement exceed one million, five hundred thousand dollars 28 ($1 ,500,000) for the potential five-year term of this Agreement. It is understood that all expenses . -1- 1 incidental to CONTRACTOR 's performance of services under this Agreement shall be borne by 2 CONTRACTOR." 3 4 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend 5 the Agreement and that upon execution of this First Amendment, the Agreement and this First 6 Amendment shall together be considered the Agreement. 7 The Agreement , as hereby amended, is ratified and continued . All provisions , terms , 8 covenants, conditions and promises contained in the Agreement and not amended herein shall 9 remain in full force and effect. 10 11 // 12 13 // 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 EXECUTED AND EFFECTIVE as of the date first above set forth . CONTRACTOR I . ~ Anthony Delgado , CFO 1 o Blue Tech Water, Inc. 0 2401 E . Orangeburg Ave . #675 11 Modesto, CA 95355 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR ACCOUNTING USE ONLY : ISO -Facility Services ORG No.: 8935 Account No .: 7205 Fund: 1045 Subclass : 10000 -3- Sal ntero, hairperson of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By :~ ~3"0f Deputy