HomeMy WebLinkAboutAgreement A-17-456-1 with Belfor.pdf1 FIRST AMENDMENT TO AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") is made and entered into
3 this __ day of __ , 2021 , by and between COUNTY OF FRESNO , a political subdivision of the
4 State of Californ ia , Fresno , California ("COUNTY"), and Belfor USA Group Inc ., OBA Belfor Property
5 Restorat ion, a Colorado corporation , whose address is 185 Oakland Avenue , Suite 150 , Birmingham ,
6 Michigan , 48009 ("CONTRACTOR").
7 WITNESSETH:
8 WHEREAS , COUNTY and CONTRACTOR entered into Agreement number A-17-456 , dated
9 September 12th , 2017 ("Agreement"), pursuant to which CONTRACTOR agreed to provide
10 disaster/emergency restoration and repair services to COUNTY ;
11 WHEREAS , COUNTY has experienced unanticipated disaster/emergency restorat ion and
12 repair needs ; and
13 WHEREAS , COUNTY and CONTRACTOR now desire to amend the Agreement in order to
14 increase the total compensation amount.
15 NOW, THEREFORE , for good and valuable consideration , the receipt and adequacy of wh ich
16 is hereby acknowledged , COUNTY and CONTRACTOR agree as follows :
17 1 . Section 5 -"COMPENSATION/INVOICING ," subsection (B) of the Agreement , located
18 on page 6 , lines 2 through 5 , is deleted in its entirety , and replaced with the following :
19 "B. Notwithstanding any other provision of this Agreement, the maximum compensation
20 amount for the services required under this Agreement shall not exceed a total of $3 ,500 ,000 for the
21 entire potential five-year term of this Agreement."
22 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
23 Agreement and , that upon execution of th is First Amendment , the Agreement and this First
24 Amendment together shall be considered the Agreement.
25 The parties agree that this First Amendment may be executed by electronic signature as
26 provided in this section. An "electronic signature" means any symbol or process intended by an
27 individual signing this First Amendment to represent their signature , including but not limited to (1) a
28 digital signature ; (2) a faxed version of an original handwritten signature ; or (3) an electronically
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13th July
Agreement No. 17-456-1
1 scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic
2 signature affixed or attached to this First Amendment (1) is deemed equivalent to a valid original
3 handwritten signature of the person signing this First Amendment for all purposes , including but not
4 limited to evidentiary proof in any administrative or judicial proceeding , and (2) has the same force and
5 effect as the valid original handwritten signature of that person. The provisions of this section satisfy
6 the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction
7 Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1 ). Each party using a digital
8 signature represents that it has undertaken and satisfied the requirements of Government Code
9 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
1 O upon that representation. This First Amendment is not conditioned upon the parties conducting the
11 transactions under it by electronic means and e ither party may sign this First Amendment with an
12 original handwritten signature.
13 The Agreement, as hereby amended, is ratified and continued. All provisions , terms ,
14 covenants, conditions, and promises contained in the Agreement and not amended herein shall
15 remain in full force and effect.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth .
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(Authorized Signature)
Paul Suchowski , Controller
8 Belfor Property Restoration
4328 N Brawley Avenue
9 Fresno , CA 93722
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FOR ACCOUNTING USE ONLY :
Fund: 1045
Subclass : 10000
ORG : 8935
Account: 7295
COUNTYOA
Steve Brai<dau
Chairman of the Board of Supervisors of
the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
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