HomeMy WebLinkAboutAgreement A-22-042 w Levi Ray Shoup Inc.pdf- 1 -
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT to Agreement No. 19-034 (“First Amendment”) is made and
entered into this 18th day of January, 2022 (“Effective Date”), by and between the County of Fresno, a
political subdivision of the state of California ("COUNTY"), and Levi, Ray & Shoup, Inc., an Illinois
corporation, whose address is 2401 W. Monroe St., Springfield, IL 62704 (“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into the License Schedule, Agreement No.
19-034, dated January 29, 2019 (“Agreement”), pursuant to which CONTRACTOR agreed to provide
document management licenses needed by the COUNTY;
WHEREAS, COUNTY has unanticipated additional consulting service needs, as well as
unanticipated needs for professional services, training, and technical assistance; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
increase the total compensation amount, and describe professional services, training, and technical
assistance that may be provided under the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.Section 6.3 – “Not to Exceed Amounts including Consulting Service Fees,” located on
page 3, is deleted in its entirety, and replaced with the following:
"Not to Exceed Amounts: The total compensation for this Agreement includes license fees,
consulting service fees, and any additional services, as defined in Section 6.4 (collectively “Total
Fee”). In no event shall the Total Fee for this Agreement exceed $244,000 during the Initial Term of
this Agreement. If the Initial Term is automatically renewed for the First Option Year, the Total Fee for
the entire four (4) year term of this Agreement shall not exceed $349,000. If the First Option Year is
automatically renewed for the Second Option Year, the Total Fee for the entire five (5) year term of
this Agreement shall not exceed $455,000.”
2. Add Section 6.4 – “Additional Services”, to page 3 of the Agreement, as follows:
“Additional Services: Additional Services shall be defined as any additional administrative
training services, beyond the 24 hours of training included in the Agreement, professional services,
Agreement No. 22-042
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such as consulting on the current system and technical support for IT issues that the COUNTY deems
necessary, and shall be made available to the COUNTY at its request, at the rate stated in Section 6
of Exhibit A. In no event shall the compensation for these Additional Services exceed $100,000 during
the term of this Agreement.”
COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
Agreement, and that upon execution of this First Amendment, the Agreement and this First
Amendment together shall be considered the Agreement.
The parties agree that this First 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 First 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 First Amendment (1) is deemed equivalent to a valid original
handwritten signature of the person signing this First 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 First Amendment is not conditioned upon the parties conducting the
transactions under it by electronic means and either party may sign this First Amendment with an
original handwritten signature.
The Agreement, as hereby amended, is ratified, and continued. All provisions, terms,
covenants, conditions, and promises contained in the Agreement, and not amended herein, shall
remain in full force and effect.
II
DocuSign Envelope ID : 60F54DA3-891D-4593-A2A1 -E9FC08E7A807
1 EXECUTED AND EFFECTIVE as of the date first above set forth .
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John Howerter Sr. Vice President
Print Name & Title
2401 West Monroe Street
g . Springfield , IL 62704
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Mailing Address
FOR ACCOUNTING USE ONLY :
Fund : 1020
Subclass : 10000
ORG : 8905
Account: 7295
Brian Pacheco, 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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