HomeMy WebLinkAboutAgreement A-22-135 with PBC SolutionOne Inc..pdf Agreement No. 22-135
1 FIRST AMENDMENT
2 THIS FIRST AMENDMENT TO AGREEMENT 21-300 ("First Amendment") is made and
3 entered into this 5th day of April, 2022, by and between COUNTY OF FRESNO, a political
4 subdivision of the State of California, Fresno, California ("COUNTY"), and PBC SolutionOne, Inc.,
5 doing business as CCS Facility Services, a California corporation, whose address is 2695 N Fowler
6 Ave, Fresno, CA 93727 ("CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 21-300, dated
9 August 10, 2021 ("Agreement"), pursuant to which CONTRACTOR agreed to provide janitorial
10 services for COUNTY's Plaza Building Complex and the Crocker Building to COUNTY; and
11 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order for
12 CONTRACTOR to provide janitorial services for additional COUNTY buildings.
13 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
14 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
15 1. Section 5 of the Agreement, located on page 4, lines 20 through 28, and page 5, lines 1
16 through 13, is deleted in its entirety, and replaced with the following:
17 "COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
18 CONTRACTOR agrees to receive monthly compensation in accordance with the rate schedule or
19 proration thereof as described in Exhibit B.
20 Extra services requested by COUNTY not covered by the rate schedule described in
21 Exhibit B will be charged at an hourly rate of thirty-five dollars ($35) per hour, not to exceed $500,000
22 for the term of this Agreement.
23 In the event a new facility is added to this Agreement, CONTRACTOR agrees to charge
24 COUNTY thirty-five dollars ($35) per square foot for the new facility for the remaining term of this
25 Agreement.
26 CONTRACTOR shall submit monthly invoices referencing the provided contract
27 number, either electronically or via mail to the County of Fresno, Internal Services Department —
28 Facilities Division, Attention: Business Office, 333 W. Pontiac Way, Clovis, CA 93612,
- 1 -
1 (ISDAP-AR a-fresnocountyca.gov)"
2 In no event shall compensation paid for services performed under this Agreement
3 exceed $2,060,000 during the initial term of this Agreement. If this Agreement is extended for an
4 additional fourth year, in no event shall total compensation paid for services performed under this
5 Agreement exceed $2,560,000. In the event this Agreement is extended for an additional fifth year, in
6 no event shall total compensation paid for services performed under this Agreement exceed
7 $3,060,000. Including the $500,000 described above for extra services, in no event shall total
8 compensation paid for services performed under this Agreement exceed $3,560,000 during the total
9 possible five-year term of this Agreement.
10 All expenses incidental to CONTRACTOR's performance of services under this
11 Agreement shall be bome by CONTRACTOR. COUNTY shall pay CONTRACTOR within forty-five
12 (45) days of receipt of an approved invoice."
13 2. Exhibit B of the Agreement, located on pages 14 through 16, is amended to add Exhibit
14 B — 1, attached herein, and incorporated by this reference.
15 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
16 Agreement and, that upon execution of this First Amendment, the Agreement and this First
17 Amendment together shall be considered the Agreement.
18 The parties agree that this First Amendment may be executed by electronic signature as
19 provided in this section. An "electronic signature" means any symbol or process intended by an
20 individual signing this First Amendment to represent their signature, including but not limited to (1) a
21 digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
22 scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic
23 signature affixed or attached to this First Amendment (1) is deemed equivalent to a valid original
24 handwritten signature of the person signing this First Amendment for all purposes, including but not
25 limited to evidentiary proof in any administrative orjudicial proceeding, and (2) has the same force and
26 effect as the valid original handwritten signature of that person. The provisions of this section satisfy
27 the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction
28 Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
- 2 -
1 signature represents that it has undertaken and satisfied the requirements of Government Code
2 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
3 upon that representation. This First Amendment is not conditioned upon the parties conducting the
4 transactions under it by electronic means and either party may sign this First Amendment with an
5 original handwritten signature.
6 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
7 covenants, conditions and promises contained in the Agreement and not amended herein shall remain
8 in full force and effect.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
1 EXECUTED AND EFFECTIVE as of the date first above set forth.
2
3 CON C COUNE QF FRESNO
5 uth ized Signature) Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
6 �A�!n2 TG CQ G2 n e� ( Oar►U k
Print Name & Title
7
8
9 26 j l@v � Ilo�l trein,� cI4 43�Zt;
Mailing Address ATTEST:
10 Bernice E. Seidel
Clerk of the Board of Supervisors
11 County of Fresno, State of California
12
13
14 A/
15 By: /V
16 D ty
FOR ACCOUNTING USE ONLY:
17
18 Fund: 1045
19 Subclass: 10000
20 ORG: 8935
21 Account: 7070
22
23
24
25
26
27
28
-4-
1 EXHIBIT B — 1 Pricing for Rowell and Temporary Buildings
2
3 Building Monthly Cost
Rowell Building $9,585.00
4 DSS 2011 Fresno St. (not to exceed 5 months) $6,005.00
5 DSS 1404 L St. not to exceed 5 months) $4,249.00
6 Extra Services Rates
Refrigerator cleaning $50 per unit per cleaning
7 Microwave cleaning $40 per month per unit
8 Strip and wax hard surface flooring $0.45 per s /ft $350 minimum
Scrub and recoat hard surface flooring $0.35 per s /ft $350 minimum
9 Carpet cleaning—hot water extraction $0.35 per s /ft $350 minimum
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 5 -