HomeMy WebLinkAboutAgreement A-22-063.pdf-1-
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT (“First Amendment”) is made and entered into this ___ day
of February, 2022, by and between the County of Fresno, a political subdivision of the State of
California, ("COUNTY"), and Troncore, LLC., a Delaware limited liability company, whose
address is 31789 Country View Road, Temecula, California, 92591, (“CONTRACTOR”).
W I T N E S S E T H:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 20-394, dated
October 6, 2020 (“Agreement”) pursuant to which CONTRACTOR agreed to provide Information
Technology security auditing and testing services related to the COUNTY’s Information
Technology network and infrastructure; and
WHEREAS, following execution of the Agreement, COUNTY recognized an increased
need for these services to comply with increasingly stringent Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) regulations, and increase the security of the COUNTY’s
Information Technology systems from possible outside intrusions; and
WHEREAS, the COUNTY and CONTRACTOR now desire to amend the Agreement to
add these services and increase the maximum compensation under the Agreement to address
the COUNTY’s need for additional services.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.Section 5 of the Agreement, located on page 3, lines 16 through 28, is deleted in its
entirety, and replaced with the following:
“COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
CONTRACTOR agrees to receive compensation as follows: For each engagement of
CONTRACTOR’s Services, a Statement of Work shall be prepared according to the following
rates and approved by the Contract Administrator before work begins:
Type of Staff Cost per Hour
Principal Consultant $150.00
Project Manager $125.00
22nd
Agreement No. 22-063
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CONTRACTOR shall submit invoices via email to ISDBusinessOffice@FresnoCountyCA.gov or to
the Internal Services Business Office at 333 W. Pontiac Way, Clovis, CA 93612.
In no event shall compensation paid for services performed under this Agreement exceed
$615,000 during the total possible five (5) year term of this Agreement. It is understood that all
expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be
borne by CONTRACTOR.”
COUNTY and CONTRACTOR agree this First Amendment is sufficient to amend the
Agreement, and that upon execution of the 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.
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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.
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EXECUTED AND EFFECTIVE as of the date first above set forth .
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Dustin Fritz, General Manager
6 •----------------Print Name & Titl
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31789 Country View Road
8
cula, CA 92591
9 !~---------------Mailing Address
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16 FOR ACCOUNTING USE ONLY :
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Fund: 1020
Subclass: 10000
ORG : 8905
Account: 7295
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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