HomeMy WebLinkAbout32776Agreement No. 13-738-2
1 SECOND AMENDMENT TO AGREEMENT
2 THIS SECOND AMENDMENT TO AGREEMENT (hereinafter "Second Amendment") is
3 made and entered into this 6th day of March, 2018, by and between COUNTY OF FRESNO,
4 a Political Subdivision of the State of California, (hereinafter "COUNTY"), and Siemens
5 Industry, Inc., a Delaware corporation, whose address is 4273 West Richert Avenue, Suite
6 110, Fresno, CA 93722 (hereinafter "CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 13-738,
9 dated 10th day of December, 2013 (hereinafter "Agreement"), pursuant to which
1 O CONTRACTOR agreed to perform fire and life safety, security, Master Antenna Television
11 (MA TV) and pneumatic systems maintenance and repair at various jail facilities and the
12 Sheriff-Coroner's Administrative Building; and
13 WHEREAS, COUNTY and CONTRACTOR amended the Agreement on December 6,
14 2016, to increase the additional services annual maximum for calendar year 2017 to
15 $150,000; and
16 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement as
17 amended, including Exhibit C attached thereto, in order to increase the Additional Services
18 annual maximum for calendar year 2018 to $246,000 and to clarify the terms in the
19 Agreement as amended.
20 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
21 which is hereby acknowledged, COUNTY and CONTRACTOR agree to amend the
22 Agreement and Exhibit C, which is attached to the Agreement, as follows:
23 1. Section Five (5) (COMPENSATION/INVOICING) of the Agreement, Page
24 Fifteen (15), lines One (1) through Seven (7) are deleted in their entirety and
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 2. replaced with the following: "With the exception of Additional Services, in no event shall services performed under the two (2) one (1 )-year renewals (January 1, 2017 through December 31, 2018) be in excess of $332,904 annually and $665,808 cumulatively. In no event shall Additional Services under section 1.J.xv. of this Agreement during the two (2) one (1)-year renewals (January 1, 2017 through December 31, 2018) be in excess of $150,000 the first year from January 1, 2017 through December 31, 2017 and $246,000 during the second year from January 1, 2018 through December 31, 2018. It is understood that all expenses incidental to CONTRACTOR's performance of services under this Agreement shall be borne by CONTRACTOR." Exhibit C (COST BREAKDOWN), of the Agreement, Page twenty-one (21), lines one (1) through twenty-eight (28), is deleted in its entirety, and replaced with Exhibit C-1, which is attached hereto. COUNTY and CONTRACTOR agree that this Second Amendment, including Exhibit C-16 1, is sufficient to amend the Agreement as amended and, that upon execution of this Second 17 Amendment, including Exhibit C-1, the Agreement as amended and this Second Amendment, 18 including Exhibit C-1, together shall be considered the Agreement. 19 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 20 covenants, conditions and promises contained in the Agreement and not amended herein 21 shall remain in full force and effect. 22 Ill 23 Ill 24 /// -2 -
l IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day
2 and year first hereinabove written .
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FOR ACCOUNTING USE ONLY:
ORG No.: 3 11 14000
21 Account No.: 7220
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ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
County of Fresno , State of California
By: 3-,,LS&c\ ~~C
Deputy ~
1 Siemens Industry, Inc. Agreement EXHIBIT C-1 2 COST BREAKDOWN 3 Monthly Base Cost for Each Facility 4 Main Jail 1225 "M" Street, Fresno, CA 93721 $9,432 5 South Annex Jail 2280 Fresno Street, Fresno, CA 93721 $6,381 North Annex Jail 6 1265 "M" Street, Fresno, CA 93721 $7,213 Satellite Jail 110 "M" Streets, Fresno, CA 93721 $2,219 7 Sheriffs Admin 2200 Fresno Street, Fresno, CA 93721 $2,497 8 Monthly-Total §27i742 9 10 Annual Total Cost for Each Facility 11 Main Jail 1225 "M" Street, Fresno, CA 93721 $113,184 12 South Annex Jail 2280 Fresno Street, Fresno, CA 93721 $76,572 North Annex Jail 1265 "M" Street, Fresno, CA 93721 $86,556 13 Satellite Jail 110 "M" Streets, Fresno, CA 93721 $26,628 14 Sheriffs Adm in 2200 Fresno Street, Fresno, CA 93721 $29,964 15 Additional Services $50,000 16 Yearly Total $382,904 17 Grand Total Cost for 3 Year Period 18 Main Jail 1225 UM" Street, Fresno, CA 93721 $339,552 19 South Annex Jail 2280 Fresno Street, Fresno, CA 93721 $229,716 North Annex Jail 1265 "M" Street, Fresno, CA 93721 $259,668 20 Satellite Jail 110 "M" Streets, Fresno, CA 93721 $79,884 21 Sheriffs Admin 2200 Fresno Street, Fresno, CA 93721 $89,892 22 Additional Services $150,000 23 Three Year Total $1.148.712 24 21 (i)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Annual Total Cost for Each Facility for First Renewal Period (January 1, 2017, through December 31, 2017) Main Jail South Annex Jail North Annex Jail Satellite Jail Sheriffs Admin Additional Services Yearly Total 1225 "M" Street, Fresno, CA 93721 2280 Fresno Street, Fresno, CA 93721 1265 "M" Street, Fresno, CA 93721 110 "M" Streets, Fresno, CA 93721 2200 Fresno Street, Fresno, CA 93721 $113,184 $76,572 $86,556 $26,628 $29,964 $150,000 $482,904 Annual Total Cost for Each Facility for Second Renewal Period (January 1, 2018, through December 31, 2018) Main Jail 1225 "M" Street, Fresno, CA 93721 $113,184 South Annex Jail 2280 Fresno Street, Fresno, CA 93721 $76,572 North Annex Jail 1265 "M" Street, Fresno, CA 93721 $86,556 Satellite Jail 110 "M" Streets, Fresno, CA 93721 $26,628 Sheriff's Admin 2200 Fresno Street, Fresno, CA 93721 $29,964 Additional Services $246,000 Yearly Total $578,904 \\\ \\\ \\\ 21 (ii)