HomeMy WebLinkAbout22-098 First Amendment to Pacific Storage A-19-115.pdf Agreement No. 22-098
1 FIRST AMENDMENT TO AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") is made and entered into
3 this 22"dday of March , 2022, by and between COUNTY OF FRESNO, a political
4 subdivision of the state of California ("COUNTY"), and Pacific Storage Company, a California
5 corporation, whose address is 523 N. Hunter Street, Stockton, CA 95202 ("CONTRACTOR").
6 WITNESSETH:
7 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 19-115, dated
8 March 12, 2019, ("Agreement'), pursuant to which CONTRACTOR agreed to confidential document
9 shredding and information media destruction services to COUNTY; and
10 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
11 amend the service rates and increase the total compensation.
12 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
13 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
14 1. Section 5 of the Agreement is deleted in its entirety, and replaced with the following:
15 "5. COMPENSATION/INVOICING:
16 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
17 compensation as set forth in the table below for onsite and offsite document shredding and
18 information media destruction services. Document shredding includes, but is not limited to,
19 departmental purges, containers, and locks. Information media destruction includes, but is not
20 limited to, hard drives, microfiche/microfilm, CDs/DVDs, USB drives, zip disks, cell phones,
21 pagers, and tablets.
22 YEAR MONTHLY TOTAL
23 Year 1 (3/12/2019— 3/11/2020) $4,166.67
24 Year 2 (3/12/2020—3/11/2021) $4,166.67
25 Year 3 (3/12/2021 —3/11/2022) $4,166.67
26 Year 4 (3/12/2022—3/11/2023) $7,500.00
27 Year 5 (3/12/2023— 3/11/2024) $7,500.00
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1 In addition to the document shredding service described above, CONTRACTOR shall
2 provide annual destruction services of 1,000 standard boxes and 1,000 hard drives at no cost
3 to COUNTY. Destruction services exceeding the annual 1,000 standard boxes and 1,000 hard
4 drives shall be charged at $3.50 per cubic feet for shredding services, and $7.00 per hard drive
5 for information media destruction services.
6 CONTRACTOR shall submit monthly invoices referencing the provided contract
7 number, either electronically or via mail, in triplicate to the County of Fresno, Internal Services
8 Department, ATTN: Business Office, 333 W. Pontiac Way, Clovis, CA 93612,
9 isd bus inessoffice(a)fresnocountyca.gov.
10 In no event shall compensation paid for services performed under this Agreement
11 exceed $360,000.00 during the possible five-year term of this Agreement. It is understood that
12 all expenses incidental to CONTRACTOR's performance of services under this Agreement
13 shall be borne by CONTRACTOR. COUNTY shall pay CONTRACTOR within forty-five (45)
14 days of an approved invoice."
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 or judicial 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
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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.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
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3 CONTRACTOR CO T;�FRESNO
4 'iihard Steed iFM,11,:'022.09:2.1 PST, /1
5 (Authorized Signature) Brian Pacheco, Chairman of the Board of
6
Richard Steed Vice President Supervisors of the County of Fresno
Print Name &Title
7 PO Box 334
8 Stockton, CA 95201
9 Mailing Address ATTEST:
10 Bernice E. Seidel
Clerk of the Board of Supervisors
11 County of Fresno, State of California
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15 By:
16 Deputy
FOR ACCOUNTING USE ONLY:
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18 Fund: 1020
19 Subclass: 10000
20 ORG: 8905
21 Account: 7295
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