ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
SECOND AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HOYT TRANSPORTATION, INC.
(BIOSOLIDS TRANSPORTATION SERVICES)
1. PARTIES AND DATE.
This Second Amendment to the Maintenance/General Services Agreement (“Second Amendment”) is made and entered into this 6th day of April, 2022 by and between the City of Corona (“City”) and Hoyt Transportation, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated May 10, 2021 (“Agreement”), whereby Contractor agreed to provide biosolids transportation services.
2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about December 1, 2021 (“First Amendment”).
2.3 Amendment. City and Contractor desire to amend the Agreement for the second time to increase the Total Compensation amount by one hundred twenty thousand dollars ($120,000).
3. TERMS.
3.1 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) of the Agreement as amended by the First Amendment is hereby deleted in its entirety and replaced by the following:
“3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-1” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Five Hundred Twenty
Thousand Dollars ($520,000.00) per fiscal year ending June 30, 2022, (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
DocuSign Envelope ID: 103C208D-BB94-489B-8DEE-DE68CBA0C453 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
3.2 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
3.4 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 103C208D-BB94-489B-8DEE-DE68CBA0C453 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HOYT TRANSPORTATION, INC.
(BIOSOLIDS TRANSPORTATION SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Tom Moody
Utilities Director
Reviewed By:
_________________________
Kristian Alfelor
Utilities Operations Manager
Reviewed By:
_________________________
Scott Briggs
Acting Purchasing Manager
Attest:
_________________________
Sylvia Edwards, City Clerk
City of Corona, California
DocuSign Envelope ID: 103C208D-BB94-489B-8DEE-DE68CBA0C453 4 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HOYT TRANSPORTATION, INC.
(BIOSOLIDS TRANSPORTATION SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
HOYT TRANSPORTATION, INC.
a California corporation
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (CEO, President, or V.P.)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (CFO, Secretary, or Treasurer)
DocuSign Envelope ID: 103C208D-BB94-489B-8DEE-DE68CBA0C453 Michael Hoyt
President
Wanita Hoyt
CFO