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HomeMy WebLinkAbout308971 2 Agreement No . 14-269-1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT to Agreement No. 14-269 ("First Amendment") is made and 3 entered into this _fl!b_ day of March , 2019, by and between the County of Fresno , a polit ical 4 subdivision of the State of California ("COUNTY"), and Orkin Services of California , Inc., a 5 Delaware corporat ion, whose address is 2590 N. Grove Industria l Drive #112 , Fresno , CA 93727, 6 ("CONTRACTOR "). 7 WITNESS ETH: 8 WHEREAS , COUNTY and CONTRACTOR entered into Agreement No . 14-269, dated 9 May 20 , 2014 ("Agreement"), pursuant to which CONTRACTOR agreed to provide pest contro l 10 services at various properties owned , occupied, leased or otherwise operated by COUNTY ; and 11 WHEREAS , COUNTY AND CONTRACTOR now desire to amend the Agreement to 12 remove the yearly limitation of amounts payable for services on each year , and to increase the 13 maximum compensation payable hereunder to accommodate an even higher volume of needed 14 pest control services . 15 NOW, THEREFORE , for good and valuable considerat ion , the receipt and adequacy of 16 which is hereby acknowledged , COUNTY and CONTRACTOR agree to amend the Agreement as 17 follows : 18 That portion of Section V. COMPENSATION of Agreement No. 14-269, as set forth in the 19 Agreement , beginning on page 4 , line 7 through line 25 , is hereby deleted and replaced with the 20 following: 21 B. "Contract Maximum 22 23 24 25 26 27 28 In no event shall the maximum total compensation payable under this Agreement exceed $472 ,905 .75 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. C . Extra Services CONTRACTOR shall not undertake any Extra Services without the advance written authorization of a COUNTY Representative . Such Extra Services are -1- -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expressly contemplated to include, but are not necessarily limited to, the addition of pest control services that could not be anticipated at the commencement of this Agreement.” COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the Agreement, and that upon execution of the Agreement and this 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXECUTED AND EFFECTIVE as of the date first above set forth . FraincandlerWithrow, Branch Manager Date 61= Lous Warman, Reg ion Manager Date Org No.: 8935 Account No.: 7220 Fund : 1045 Subclass: 10000 COUNTY OF FRESNO -~s: ~~ Nathan Mags ig, Cha ir man of the Board of Supervisors of the County of Fresno ATTEST: By : SM.'$0vv\ &sb ~ Bernice E. Seide l Clerk of the Board of Supervisors County of Fresno , State of Ca lifornia -3-