HomeMy WebLinkAboutA-17-054AAAQualityServicesAmendment2.pdf-1-
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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT to Agreement No. 17-054 (“Second Amendment”) is made and
entered into this day of April, 2020 (“Effective Date”), by and between the COUNTY OF FRESNO, a
Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and AAA Quality
Services, Inc., a California corporation, whose address is 321 E. Noble Avenue, Farmersville, CA 93223,
hereinafter referred to as "CONTRACTOR".
W I T N E S S E T H:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 17-054, dated February
28, 2017 (“Agreement”), pursuant to which CONTRACTOR agreed to provide portable chemical toilet rental
and portable chemical toilet maintenance services for certain specified County departments, including the
Sheriff-Coroner, the Department of Social Services, and various divisions within the Department of Public
Works and Planning; and
WHEREAS, the original Agreement provided for various annual maximum amounts for each user
department/division, and for a maximum cumulative amount not to exceed $235,000 for the entirety of the
contract term; and
WHEREAS, COUNTY and CONTRACTOR entered into a First Amendment to Agreement, dated
December 10, 2019 (“First Amendment”), which removed the annual maximum compensation payable for
each department and increased the maximum compensation by $25,000, resulting in a contract maximum
of $260,000; and
WHEREAS, CONTRACTOR made a request, on January 24, 2020, for a price adjustment to
increase the rates set forth at pages 15 and 16 of CONTRACTOR’s Response to the original Request for
Quotation (appended as part of Attachment A to the original Agreement), with no change to the maximum
amount of compensation which would remain at $260,000; and
WHEREAS, COUNTY has determined and agreed to make an adjustment to provide for an
increase in the rates, as allowed in accordance with Section IX of the Agreement, with no increase in the
maximum compensation payable under the Agreement, which shall remain at the cumulative amount of
$260,000 over the entirety of the contract term.
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement to provide for an
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increase in the rates for remainder of the contract term, as follows:
1. Pages 15 and 16 of CONTRACTOR’s Response to Request for Quotation 17-017
(appended as part of Attachment A to the original Agreement) are hereby deleted in their entirely and
replaced and superseded by the Quotation Schedules set forth in Exhibit 1-A and Exhibit 1-B, which are
attached to this Second Amendment and incorporated by this reference as though fully set forth herein.
2. From and after the effective date of this Second Amendment, for actual services provided by
CONTRACTOR, County agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation in accordance with the rates specified in Exhibit 1-A and Exhibit 1-B to this Second
Amendment.
3. Section V (“COMPENSATION”) of the Agreement, as previously amended, is hereby
deleted in its entirety and replaced by the following:
“COUNTY shall compensate CONTRACTOR in accordance with the terms and conditions set forth
in the original Agreement (as previously modified) and Attachment A thereto, except that, from and
after the effective date of this Second Amendment, the rates payable to CONTRACTOR for
CONTRACTOR’s services shall be governed by Exhibit 1-A and Exhibit 1-B to this Second
Amendment.
In no event shall the maximum total compensation payable under this Agreement exceed the
cumulative amount of $260,000 over the entire term (including any extensions) of this Agreement.
It is understood that all expenses incidental to CONTRACTOR’s performance of services under this
Agreement shall be borne by CONTRACTOR.”
COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to amend the
Agreement, and that upon execution of this Second Amendment, the Agreement, as previously modified by
the First Amendment, together with the provisions of this Second Amendment, shall constitute the complete
Agreement between the parties.
The Agreement, as hereby further 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.
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