HomeMy WebLinkAboutAgreement A-22-153 with Western State Design Inc..pdf Agreement No. 22-153
1 AMENDMENT I TO AGREEMENT NO. 19-029
2 THIS AMENDMENT TO AGREEMENT ("Amendment I") is made and entered into this 1 gth
3 day of April , 2022, by and between COUNTY OF FRESNO, a political subdivision of the
4 State of California, Fresno, California ("COUNTY"), and Western State Design, Inc., a Delaware
5 corporation, whose address is 2331 Tripaldi Way, Hayward, CA 94545 ("CONTRACTOR").
6 WITNESSETH:
7 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number No. 19-029, dated
8 January 29, 2019 ("Agreement"), pursuant to which CONTRACTOR agreed to obtain maintenance
9 services for its laundry equipment in the South Annex Jail and Main Jail to COUNTY;
10 WHEREAS, CONTRACTOR represents that it has experienced unanticipated costs, due to
11 rising inflation, and must raise its rates accordingly; and
12 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
13 increase some of CONTRACTOR's listed rates to meet the unanticipated increasing costs
14 experienced by CONTRACTOR.
15 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
16 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
17 1. All references in the existing Agreement to "Exhibit A" shall be amended to read
18 "Revised Exhibit A," attached and incorporated by this reference.
19 COUNTY and CONTRACTOR agree that this Amendment I is sufficient to amend the
20 Agreement and, that upon execution of this Amendment I, the Agreement and this Amendment 1
21 together shall be considered the Agreement.
22 The parties agree that this Amendment I may be executed by electronic signature as provided
23 in this section. An "electronic signature" means any symbol or process intended by an individual
24 signing this Amendment I to represent their signature, including but not limited to (1) a digital
25 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and
26 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
27 affixed or attached to this Amendment (1) is deemed equivalent to a valid original handwritten
28 signature of the person signing this Amendment I for all purposes, including but not limited to
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1 evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as
2 the valid original handwritten signature of that person. The provisions of this section satisfy the
3 requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
4 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
5 signature represents that it has undertaken and satisfied the requirements of Government Code
6 section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely
7 upon that representation. This Amendment I is not conditioned upon the parties conducting the
8 transactions under it by electronic means and either party may sign this Amendment I with an original
9 handwritten signature.
10 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
11 covenants, conditions and promises contained in the Agreement and not amended herein shall remain
12 in full force and effect. This Amendment I shall be effective retroactive to January 1, 2022.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
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3 CONTRACTOR COUNTY OFFRESNO
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__..orh l� Signatur j Brian Pacheco, Chairman of the Board of
5 Supervisors of the County of Fresno
'Todd Hyrn& Executive Vice IPresi ent
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Western State Design, Inc.
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9 2331 Tri aldi Way, Hayward, CA 94545
Mailing Address ATTEST:
10 Bernice E. Seidel
Clerk of the Board of Supervisors
11 County of Fresno, State of California
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By:
16 Deputy
FOR ACCOUNTING USE ONLY:
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18 Fund: 0001
19 Subclass: 10000
20 ORG: 31114000
21 Account: 7205
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1 Revised Exhibit"A"
2 MAINTENANCE SERVICE
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1. Regularly Scheduled Maintenance:
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5 All labor, materials, equipment,parts,travel,taxes, costs, etc., necessary to perform regularly
scheduled maintenance to the Laundry Machines at the South Annex Jail and the Main Jail, as
6 listed in Section LA of the Agreement.
7 Montly Rate: $1,397.55 No Increase
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9 2. Repair Service:
10 a. Repairs performed during normal business hour, i.e. Monday through Friday, 8:00 a.m.
11 to 5:00 p.m.,where COUNTY requires repairs to be commenced within 24 hours.
12 Per Hour: Q°�to $149.00
13 b. Repairs perform on federal holidays, on the weekends, or outside normal business hours,
14 where COUNTY requires repairs to be commendced within 24 hours.
15 Per Hour: Q'�to $224.25
16 c. Emergency repairs, meaning any all repairs where COUNTY requires to commenced
17 within 12 hours.
18 Per Hour: $150.00 to $224.25
19 3. Monthly Reports:
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Per Report $91.50 to $149.00
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22 An$85.00 $115.00 trip charge will apply to calls for Repairs Service and Emergency Repair Service.
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