1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST A MENDMENT TO AGREEMENT (Am endment) made and entered into as of this ____ day of November 2023, (Effective Date) amends the Agreement heretofore entered into between the CITY OF FRESNO, a municipal corporation (Ci ty), and Holloway E nvironmental Solutions LLC, a Wyoming Limited Liability Cor poration (Contractor).
RECI
TALS
WH
EREAS, T he City and Contractor entered into a Service Agreement on January 17, 20 19, (Agreement) to provide for Biosolids reuse and disposal services for $1,274,400.00 per year for three years with two one-year optional terms; and WHEREAS, the City and Contractor desire to increase the contract price to not to exceed $2,826,866.69, for a total contract value of $9,198,866.69; and WHEREAS, with entry into this Amendment, Contractor agrees that it has no claim, demands, or disputes against the City.
AGREEMENT
NOW
, THEREFORE, the City and Contractor agree that the aforesaid Agreement be amended as follows:
1. Th
e contract price shall be increas ed by $2,826,866.69 , for a total contract value of $9,198,866.69.
2. In t
he event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the e xhibit or attachment. Furthermore, any terms or conditions contained within any e xhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void.
3. Ex
cept as otherwise provided herein, the Agreement dated January 17, 2019, will remain in full force and effect.
[S
ignatures follow on the next page.]
DocuSign Envelope ID: 283374FA-2897-4739-893D-D20F334B6E10 2 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Brock D. Buche, PE, PLS, Director
Department of Public Utilities
APPROVED
AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Senior Deputy City Attorney
Date
Holloway Environmental Solutions LLC,
A Wyoming Limited Liability Corporation
By:
Name:
Title
:
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
By:
Name:
Title
:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
Addresses:
CITY:
City of F resno
Attention: Cory Asher
5607 W Jensen Avenue
Fresno, CA 93706
Telephone No. 559-621-5170
CONSULTANT:
Holloway Environmental Solutions
LLC, Attention: Dan Allen
2019 Westwind Drive Suite B
Bakersfield, CA 93301
Telephone No. 661-332-5034
DocuSign Envelope ID: 283374FA-2897-4739-893D-D20F334B6E10 Brian Maxted
10/10/2023
CEO
COO
Dan Allen
10/10/2023
10/10/2023
Clerk Attesting