FIRST AMENDMENT TO THE
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF RIALTO
AND
BIO-TOX LABORATORIES, INC.
1. Parties and Date.
This First Amendment to Agreement for Services (“First Amendment”) is made and entered into this February 14, 2023, by and between the City of Rialto (“City”), a California municipal corporation, and Bio-Tox Laboratories, Inc., a limited liability corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. Recitals.
2.1 Agreement. City and Consultant entered into that certain Agreement for Services dated July 1, 2022, (“Agreement”), whereby Consultant agreed to provide voice to document transcription services for the City. The Consultant has necessary experience and expertise, as demonstrated in prior contract with the city, and is uniquely qualified to perform standardization services to be provided hereunder.
2.2 Contract Sum. City and Consultant desire to amend the Agreement by this First Amendment to extend the term and increase the not-to-exceed sum included in the Agreement.
3. AmendmentS.
3.1 Term. Section 3.4 of the Agreement is hereby amended and restated in its entirety as follows: “Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2024.”
3.2 Contract Sum. Section 2.1 of the Agreement is hereby amended and restated in its entirety as follows: “City agrees to pay Consultant for Fiscal Year 2023, based on the pricing specified in Exhibit “A,” and Exhibit “B” represents pricing for Fiscal Year 2024, incorporated herein by this reference. Upon commencement of this Agreement the total compensation for each fiscal year of the Agreement, including reimbursement for actual expenses, shall not exceed One Hundred Seventy Five Thousand Dollars ($175,000.00) (the “Contract Sum”), for a total not-to-exceed sum of $350,000 for the entire term of the Agreement. For the purposes of this Agreement, Fiscal Year 2023 shall be from July 1, 2022, through June 1, 2023; Fiscal Year 2024 shall be from July 1, 2023, through June 1, 2024. The Contract Sum may also be increased for additional services pursuant to Section 1.9.
4. general provisions.
4.1 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
4.2 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 First Amendment.
4.3 Counterparts. This First 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.
4.4 Corporate Authority. The persons executing this First Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this First Amendment on behalf of said party, (iii) by so executing this First Amendment, such party is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.
4.5 Effective Date. This First Amendment shall be deemed effective upon the execution by the Parties.
IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year first above written.
CITY OF RIALTO
Bio-Tox Laboratories, Inc.
By:
By:
Arron Brown
Signature
Acting City Manager
Tracey Stangarone
[email protected]
Attest:
President
Title
By:
Barbara McGee
City Clerk
Approved as to Form:
Burke, Williams & Sorensen, LLP
By:
Eric S. Vail
City Attorney
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