HomeMy WebLinkAboutAgreement A-22-157 with the Business Journal.pdf Agreement No. 22-157
1 FIRST AMENDMENT TO AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") is made and entered into
3 19t" day of April , 2022, by and between COUNTY OF FRESNO, a political subdivision of the
4 State of California, Fresno, California ("COUNTY"), and Pacific Publishing Group, Inc., dba The
5 Business Journal, a California corporation, whose address is 1315 Van ness Avenue, Suite 200,
6 Fresno, California 93721 ("CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-20-058, dated
9 February 411, 2020 ("Agreement"), pursuant to which CONTRACTOR agreed to publish legal notices in
10 a publication of general circulation, as required by applicable statutes;
11 WHEREAS, COUNTY's demand for these services has increased since the services were last j
12 quoted in December 2019; and
13 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
14 increase the total compensation amount.
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. Section III. COMPENSATION/INVOICING of the Agreement, located on page 3, line 25
18 through page 4, line 12, is deleted in its entirety, and replaced with the following:
19 "COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
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20 compensation as follows: $28.00 per column inch for services provided in calendar years 2020 and
21 2021, $29.00 per column inch for services provided in calendar years 2022; and, if extensions are
22 granted as provided in section 11 of this Agreement, $29,00 per column inch for services that are
23 provided in 2023, and $30.00 per column inch for services that are provided in 2024. CONTRACTOR
24 shall submit invoices to the COUNTY department receiving the service, at the address provided by the
25 department. The invoice terms shall be net 45 days.
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26 The maximum compensation payable to the CONTRACTOR for the initial three-year
27 term of this Agreement is six hundred thousand dollars ($600,000,00), which is one hundred and fifty
28 thousand dollars ($150,000.00) for the first year, two hundred thousand dollars ($200,000.00) for the
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1 second year, and two hundred and fifty thousand dollars ($250,000.00) for the third year. If this
2 Agreement is extended for an additional fourth year, the maximum compensation payable to the
3 CONTRACTOR for the fourth year is three hundred thousand dollars ($300,000.00), which is a
4 maximum compensation amount of nine hundred thousand dollars ($900,000.00) for all four years. If
5 this Agreement is extended an additional fifth year, the maximum compensation payable to the
6 CONTRACTOR for the fifth year is three hundred and twenty-five thousand dollars ($325,000.00),
7 which is a maximum compensation amount of one million and two hundred and twenty-five thousand
8 dollars. ($1,225,000.00) for all five years. In no event shall compensation paid by COUNTY to
9 CONTRACTOR for services performed under the total possible five-year term of this Agreement
10 exceed one million and two hundred and twenty-five thousand dollars ($1,225,000)."
11 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
12 Agreement and, that upon execution of this First Amendment, the Agreement and this First
13 Amendment together shall be considered the Agreement.
14 The parties agree that this First Amendment may be executed by electronic signature as .
15 provided in this section. An "electronic signature" means any symbol or process intended by an
16 individual signing this First Amendment to represent their signature, including but not limited to (1) a
17 digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
18 scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic
19 signature affixed or attached to this First Amendment (1) is deemed equivalent to a valid original
20 handwritten signature of the person signing this First Amendment for all purposes, including but not
21 limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and
22 effect as the valid original handwritten signature of that person. The provisions of this section satisfy
23 the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction
24 Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
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25 signature represents that it has undertaken and satisfied the requirements of Government Code
26 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
27 upon that representation. This First Amendment is not conditioned upon the parties conducting the
28 transactions under it by electronic means and either party may sign this First Amendment with an
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2 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
3 covenants, conditions and promises contained in the Agreement and not amended herein shall remain
4 in full force and effect.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
2 CONTRACTOR CO u-'i Y `� FRESNO
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4 (Authorized Signature) Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
Cc I l e Mo,rh r� RA
Print Name& Title
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1315 Van Ness Avenue, Suite 200 I
7 Fresno, CA 93721-1729
8 Mailing Address ATTEST:
9 Bernice E. Seidel
Clerk of the Board of Supervisors
10 County of Fresno, State of California
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14 By.
16 Deputy
FOR ACCOUNTING USE ONLY:
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ORG: Various
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Account: 7325
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