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HomeMy WebLinkAboutP-21-022 Amendment 1..pdf County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology Purchasing Services / 333 W. Pontiac Way / Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * AMENDMENT - ASSIGNMENT Agreement Number: P-21-022 June 9, 2021 BrightView Landscape Services, Inc. P.O. Box 31001-2463 Pasadena, CA 91110-2463 Contract Number P-21-022 covering public right of way landscape maintenance services is amended as follows: All Commercial Landscape Service has requested that its responsibilities under Agreement No. P-21-022 (The Agreement) be transferred to BrightView Landscape Services, Inc. BrightView Landscape Services, Inc. agrees to accept all Contractor responsibilities and obligations as set forth under “The Agreement”. County agrees that BrightView Landscape Services, Inc. shall become the “Contractor” as defined under “The Agreement”. BrightView Landscape Services, Inc. shall henceforth be known as the “Contractor” under “The Agreement”. BrightView Landscape Services, Inc. shall be responsible for performing the Contractor’s obligations under “The Agreement” in accordance with the terms, conditions, requirements, and specifications of Agreement No. P-21-022. Each party acknowledges acceptance to this Amendment by signing below. Each signatory shall be an individual with the authority to legally bind the entity. Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 2 June 9, 2021 B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of the signed original of this letter to my office via email or USPS. If you have any questions, please contact Chanvathei Lonh , Purchasing Technician, at (559) 600-7110 or email Clonh@fresnocountyca.gov .