HomeMy WebLinkAboutAgreement A-21-396 HVAC Master Agreement.pdf-1 -
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SEVENTH AMENDMENT TO MASTER AGREEMENT FOR
HVAC PARTS, SERVICE, AND REPAIRS
THIS SEVENTH AMENDMENT TO AGREEMENT (“Seventh Amendment”) is made and
entered into on the _____ day of _____, 2021 (“Effective Date”), by and between COUNTY OF
FRESNO, a political subdivision of the state of California, Fresno, California (“COUNTY”), and each of
those providers who are signatories to this Agreement, and listed in Exhibit “A” and individually and
collectively hereinafter referred to as “CONTRACTORS”, and such additional CONTRACTORS as
may, from time to time during the term of this Agreement, be added by COUNTY.
WITNESSETH:
WHEREAS, COUNTY and CONTRACTORS entered into Master Agreement No. 18-302 on
June 5, 2018 (“Agreement”), pursuant to which CONTRACTORS agreed to provide heating,
ventilation, and air conditioning (HVAC) parts, service, and repairs to COUNTY; and
WHEREAS, under Section 13 of the Agreement, COUNTY’s Director of Internal Services/Chief
Information Officer (CIO) reserved the right to add new CONTRACTORS to Exhibit “A” at any time
during the term of the Agreement, and to make such additions to Exhibit “A” without notice to or
approval of any of the other CONTRACTORS to the Agreement;
WHEREAS, COUNTY executed First Amendment to the Agreement on June 28, 2018 to add
an additional CONTRACTOR;
WHEREAS, COUNTY executed Second Amendment to the Agreement on August 15, 2018 to
add an additional CONTRACTOR;
WHEREAS, COUNTY executed Third Amendment to the Agreement on August 15, 2018 to
add an additional CONTRACTOR;
WHEREAS, COUNTY executed Fourth Amendment to the Agreement on July 22, 2019 to add
an additional CONTRACTOR;
WHEREAS, COUNTY executed Fifth Amendment to the Agreement on December 26, 2019 to
add an additional CONTRACTOR;
WHEREAS, COUNTY executed Sixth Amendment to the Agreement on April 1, 2021 to add an
additional CONTRACTOR; and
Agreement No. 21-396
5th Oct.
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WHEREAS, COUNTY and CONTRACTORS desire to amend the Agreement in order to
increase the maximum compensation amount.
NOW, THEREFORE, the parties agree that the Agreement is further amended as follows:
1. Section 3 – “COMPENSATION” of the Agreement located on page 7, is deleted in its
entirety, and replaced with the following:
“COUNTY shall only provide compensation and payment to each CONTRACTOR for
work authorized by the County Representative. COUNTY agrees to pay each CONTRACTOR and
each CONTRACTOR agrees to receive compensation in accordance with the rates provided in Exhibit
C by each CONTRACTOR. In no event shall the total compensation paid to CONTRACTOR(S) for the
entire potential five-year term of this Agreement exceed the sum of $4,500,000.”
ELECTRONIC SIGNATURES. The parties agree that this Seventh Amendment may be
executed by electronic signature as provided in this section. An “electronic signature” means any
symbol or process intended by an individual signing this Seventh Amendment 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. Each electronic signature affixed or attached to this Seventh
Amendment (1) is deemed equivalent to a valid original handwritten signature of the person signing
this Seventh Amendment 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. 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). 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
Seventh Amendment is not conditioned upon the parties conducting the transactions under it by
electronic means and either party may sign this Seventh Amendment with an original handwritten
signature.
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All other provisions, terms, covenants, conditions and promises contained in the Agreement, as
amended, and not amended herein shall remain in full force and effect.
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EXECUTED AND EFFECTIVE as of the date first above set forth.
3 CONTRACTOR
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See additional signature pages attached
FOR ACCOUNTING USE ONLY:
Fund : 1045
Subclass : 10000
ORG : 8935
Account: 7205
Stev Bran u
Chairman of the Board of Supervisors of
the County of Fresno
ATTEST:
Bernice E. Seidel
By :
Clerk of the Board of Supervisors
County of Fresno , State of California
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EXECUTED AND EFFECTIVE as of the date first above set forth.
CONTRACTOR
______________________________________
Karen M. Campbell
Contract Manager
Trane U.S. Inc.
3026 N. Business Park Ave. Ste. #104
Fresno, CA 93727
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EXECUTED AND EFFECTIVE as of the date first above set forth.
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4 CONTRACTOR
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Robert Rogers
Branch Service Manager
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1 o Johnson Controls, Inc.
11 3451 W Ashlan Ave
12 Fresno, CA 93722
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